The Statutes at Large (Ruffhead)/Volume 2/Act of Supremacy 1558
Anno primo Reginæ Elizabethæ.
An Act to restore to the Crown the ancient Jurisdiction over the Estate Ecclesiastical and Spiritual, and abolishing all foreign Powers repugnant to the same.
'Most humbly beseech your most excellent Majesty, your faithful and obedient Subjects the Lords Spiritual and Temporal, and the Commons, in this your present Parliament assembled, That where in Time of the Reign of your most dear Father, of worthy Memory, King Henry the Eighth, divers good Laws and Statutes were made and established, as well for the utter Extinguishment and putting away of all usurped and foreign Powers and Authorities out of this your Realm, and other your Highness Dominions and Countries, as also for the restoring and uniting to the Imperial Crown of this Realm,
5. R. 2. Stat. 2. c. 5
2. H. 4. c. 15.
2 H. 5. c. 17.
2 Leonard 176.
Repealed 16 Car. 1. c. 11. § 3.
M(illegible text) 755. (illegible text) 1043.
Cro. Car. 113.
Ecclessiastical Persons and Officers. Judge. Justice. Mayor. Temporal Officer.
He that hath the Queen's Fee
Repealed by 1 W. & M. (illegible text) 1. c. 8. §. 2.
1 Bulst. 159.
He that shall be received into the Queen's Service. (2) and every Temporal Person or Persons doing any Homage to your Highness, your'Heirs or Successors, or that shall be received into Service with your Highness, your Heirs or Successors, (3) shall make, take and receive the said corporal Oath before mentioned, before the Lord Chancellor of England, or the Lord Keeper of the Great Seal for the Time being, or before such Person or Persons as by your Highness, your Heirs or Successors, shall be named and appointed to accept or receive the same.
He that taketh Orders.
He that taketh Degrees in any University. XXV. And that also all and every Person and Persons taking Orders, and all and every other Person and Persons which shall be promoted or preferred to any Degree of Learning in any University within this your Realm or Dominions, before he shall receive or take any such Orders, or be preferred to any such Degree of Learning, shall make, take and receive the said Oath by this Act set forth and declared as is aforesaid, before his or their Ordinary, Commissary, Chancellor or Vicechancellor, or their sufficient Deputies in the said University.
He that hath Estate of Inheritance in a Temportal Office, firstr refuseth, and then taketh the Oath. XXVI. Provided always, and that it may be further enacted by the Authority aforesaid, That if any person, having any Estate of Inheritance in any Temporal Office or Offices, shall hereafter obstinately and peremptorily refuse to accept and take the said Oath as is aforesaid, and after at any Time during his Life shall willingly require to take and receive the said Oath, and so do take and accept the same Oath before any Person or Persons that shall have lawful Authority to minister the same; that then every such Person, immediately after he hath so received the said Oath, shall be vested, judged and deemed in like Estate and Possession of the said Office, as he was before the said Refusal, and shall and may us and exercise the said Office in such Manner and Form as he should or might have done before such Refusal; any Thing in this Act contained to the contrary in any wise notwithstanding.
XXVII. And for the more sure Observation of this Act, and the utter Extinguishment of all foreign and usurped Power and Authority; (2) may it please your Highness, that it may be further enacted by the Authority aforesaid, That if any Person or Persons dwelling or inhabiting within this your Realm, or in any other your Highness Realms or Dominions, of what Estate, Dignity or Degree soever he or they be, after the End of thirty Days next after the Determination of this Sess of this present Parliament, shall by Writing, Printing, Teaching, Preaching, Express Words, Deed or Act, advisedly, maliciously and directly affirm, hold, stand with, set forth, maintain or defend, the Authority, Preheminence, Power or Jurisdiction, Spiritual or Ecclesiastical, of any foreign Prince, Prelate, Person, State or Potentate whatsoever, heretofore claimed, us or usurped within this Realm, or any Dominion or Country being within or under the Power, Dominion or Obeysance of your Highness; The Penalty of the Maintenance of foreign Authority.
Dyer 363. (3) or shall advisedly, maliciously and directly put in Ure or execute any Thing for the Extolling, Advancement, setting forth, Maintenance or Defence of any such pretended or usurped Jurisdiction, Power, Preheminence and Authority, or any Part thereof; (4) that then every such Person and Persons so doing and offending, their Abettors, Aiders, Procurers and Counsellors, being thereof lawfully convicted and attainted, according to the due Order and Course of the Common Laws of this Realm, for his or their first Offence shall forfeit and lose unto your Highness, your Heirs and Successors, all his and their Goods and Chattels, as well real as personal.
The Forfeiture for the first Offence. XXVIII. And if any such Person so convicted or attainted shall not have or be worth of his proper Goods and Chattels to the Value of twenty Pounds, at the Time of his Conviction or Attainder; that then every such Person so convicted or attainted, over and besides the Forfeiture of all his said Goods and Chattels, shall have and suffer Imprisonment by the Space of one whole Year, without Bail or Mainprise.
XXIX. And that also all and every the Benefices, Prebends and other Ecclesiastical Promotions and Dignities whatsoever, of every Spiritual Person so offending, and being attainted, shall immediately after such Attainder be utterly void to all Intents and Purposes, as though the Incumbent thereof were dead; (2) and that the Patron and Donor of every such Benefice, Prebend, Spiritual Promotion and Dignity, shall and may lawfully present unto the same, or give the same, in such Manner and Form as if the said Incumbent were dead; Forfeiture of the second Offence. (3) and if any such Offender or Offenders, after such Conviction or Attainder, do estsoons commit or do the said Offences, or any of them, in Manner and Form aforesaid, and be thereof duly convicted and attainted, as is aforesaid; that then every such Offender and Offenders shall for the same second Offence incur into the Dangers, Penalties and Forfeitures ordained and provided by the 16 R. 2. c. 5. Statute of Provision and Præmunire, made in the Sixteenth Year of the Reign of King Richard the Second.
The Penalty of the third Offence XXX. And if any such Offender or Offenders, at any Time after the said second Conviction and Attainder, do the third Time commit and do the said Offences, or any of them, in Manner and Form aforesaid, and be thereof duly convicted and attainted, as is aforesaid; that then every such Offence or Offences shall be deemed and adjudged High Treason, and that the Offender or Offenders therein, being thereof lawfully convicted and attainted, according to the Laws of this Realm, shall suffer Pains of Death, and other Penalties, Forfeitures and Losses, as in Cases of High Treason by the Laws of this Realm.
Within what Time an Offender shall be impeached. XXXI. And also that it may likewise please your Highness, that it may be enacted by the Authority aforesaid, That no Manner of Person or Persons shall be molested or impeached for any of the Offences so committed or perpetrated only by Preaching, Teaching or Words, unless he or they be thereof lawfully indicted within the Space of one Half Year next after his or their Offences so committed: (2) And in case any Person or Persons shall fortune to be imprisoned for any of the said Offences committed by Preaching, Teaching, or Words only, and be not thereof indicted within the Space of one Half Year next after his or their first Offence so committed and done; that then the said Person so imprisoned shall be set at Liberty, and be no longer detained in Prison for any such Cause or Offence.
All Things touching the Præmunire in 1 & 2 Ph. & M. c. 8. §. 40. do continue in force. XXXII. Provided always, and be it enacted by the Authority aforesaid, That this Act, or any Thing therein contained, shall not in any wise extend to repeal any Clause, Matter or Sentence contained or specified in the said Act of Repeal made in the said firsst and second Years of the Reigns of the said late King Philip and Queen Mary, as doth in any wise touch or concern any Matter or Cause of Præmunire, or that doth make or ordain any Matter or Cause to be within the Case or Matter of Præmunire, shall stand and remain in such Force and Effect, as the same was before the making of this Act; any Thing in this Act contained to the contrary in any wise notwithstanding.
Offences committed against Statutes revived. XXXIII. Provided also, and be it enabled by the Authority aforesaid, That this Act, or any Thing therein contained, shall not in any wise extend or be prejudicial to an Person or Persons for any Offence or Offences committed or done, or hereafter to be committed or done, contrary to the Tenor and Effect of any Act or Statute now revived by this Act, before the End of thirty Days next after the End of the Session of this present Parliament; any Thing in this Act contained, or any other Matter or Cause to the contrary notwithstanding.
Trial of Peers. XXXIV. And if it happen that any Peer of this Realm shall fortune to he indicted of and for any Offence that is revived or made Præmunire or Treason by this Act; that then he so being indicted shall have his Trial by his Peers, in such like Manner and Form as in other Cases of Treason hath been used.
No Matter of Religion, &c. made by this Parliament shall be adjudged Error, Heresy of Schism. XXXV. Provided always, and be it enacted as is aforesaid, That no manner of Order, Act or Determination for any Matter of Religion, or Cause Ecclesiastical, had or made by the Authority of this present Parliament, shall be accepted, deemed, interpreted or adjudged at any Time hereafter, to be any Error, Heresy, Schism or schismatical Opinion; any Order, Decree, Sentence, Constitution or Law, whatsocver the same be, to the contrary notwithstanding.
Commissioners may adjudge such Things to be Heresy as are warranted by the Scripture, or the first four General Councils.
For farther Provisions (illegible text) see Chapter 2. And farther 13 El. c. 12. 23 El. c. 1. 13 & 14 Car. 2. c. 4. 15 Car. 2. c. 6. 1 W. & M. stat. 1. c. 18. 5 Ann. c. 5. and 23 Geo. 2. c. 28. XXXVI. Provided always, and be it enacted by the Authority aforesaid, That such Person or Persons whom your Highness, your Heirs or Successors, shall hereafter by Letters Patents, under the Great Seal of England, give Authority to have or execute any Jurisdiction, Power or Authority Spiritual, or to visit, reform, order or correct any Errors, Heresies, Schisms, Abuses or Enormities by Virtue of this Act, shall not in any wise have Authority or Power to order, determine or adjudge any Matter or Cause to be Heresy, but only such as heretofore have been determined, ordered or adjudged to be Heresy, by the Authority of the Canonical Scriptures, or by the first four General Councils, or any of them, or by any other General Council wherein the same was declared Heresy by the express and plain Words of the said Canonical Scriptures, or such as hereafter shall be ordered, judged or determined to be Heresy by the High Court of Parliament of this Realm, with the Assent of the Clergy in their Convocation; any Thing in this Act contained to the contrary notwithstanding.
None shall be indicted or arraigned, but by two Witnesses. XXXVII. And be it further enacted by the Authority aforesaid, That no Person or Persons shall be hereafter indicted or arraigned for any of the Offences made, ordained, revived or adjudged by this Act, unless there be two sufficient Witnesses or more, to testify and declare the said Offences whereof he shall be indicted or arraigned: (2) And that the said Witnesses, or so many of them as shall be living and within this Realm at the Time of the Arraignment of such Person so indicted, shall be brought forth in Person Face to Face before the Party so arraigned, and there shall testify and declare what they can say against the Party so arraigned, if he require the same.
A Proviso for them that give Relief to Offenders. XXXVIII. Provided also, and be it further enacted by the Authority aforesaid, That if any Person or Persons shall hereafter happen to give any Relief, Aid or Comfort, or in any wise be aiding, helping or comforting to the Person or Persons of any that shall hereafter happen to be an Offender in any Matter or Case of Præmunire or Treason revived or made by this Act; that then such Relief, Aid or Comfort given shall not be judged or taken to be any Offence, unless there be two sufficient Witnesses at the least, that can and will openly testify and declare that the Person or Persons that so gave such Relief, Aid or Comfort, had Notice and Knowledge of such Offence committed and done by the said Offender, at the Time of such Relief, Aid or Comfort so to him given or ministred; any Thing in this Act contained, or any other Matter or Cause to the contrary in any wise notwithstanding.
Chetwood's Appeal to the Court of Rome. 'XXXIX. And where one pretended Sentence hath heretofore been given in the Consistory in Pauls before certain Judges Delegate, by the Authority Legantine of the late Cardinal Poole, by reason of a foreign usurped Power and Authority, against Richard Chetwood Esq; and Agnes his Wife, by the Name of Agnes Woodhall, at the Suit of Charles Tyrril Gentleman, in a Cause of Matrimony solemnized between the said Richard and Agnes, as by the same pretended Sentence more plainly doth appear, from which Sentence the said Richard and Agnes have appealed to the Court of Rome; which Appeal doth there remain, and yet is not determined:'
XL. May it therefore please your Highness, that it may be enacted by the Authority aforesaid, That if Sentence in the said Appeal shall happen to be given at the said Court of Rome for and in the Behalf of the said Richard and Agnes, for the Reversing of the said pretenced Sentence, before the End of threescore Days next after the End of this Session of this present Parliament, that then the same shall be adjudged and taken to be good and effectual in the Law, and shall and may be used, pleaded and allowed in any Court or Place within this Realm; any Thing in this Act, or in any other Act or Statute contained to the contrary notwithstanding.
XLI. And if no Sentence shall be given at the Court of Rome in the said Appeal for the reversing of the said pretenced Sentence before the End of the said threescore Days, that then it shall and may be lawful for the said Richard and Agnes, and either of them, at any Time hereafter, to commence, take, sue and prosecute their said Appeal from the said pretenced Sentence, and for the reversing of the said pretenced Sentence, within this Realm, in such like Manner and Form as was used to be pursued, or might have been pursued within this Realm, at any Time since the twenty-fourth Year of the Reign of the said late King Henry the Eighth, upon any Sentences given in the Court or Courts of any Archbishop within this Realm. XLII. And that such Appeal as so hereafter shall be taken or pursued by the said Richard Chetwood and Agnes, or either of them, and the Sentence that herein or thereupon shall hereafter be given, shall be judged to be good and effectual in the Law to all Intents and Purposes; any Law, Custom, Usage, Canon, Constitution, or any other Matter or Cause to the contrary notwithstanding.
An Appeal between Robert Harcourt and Anthony Fydell XLIII. Provided also, and be it enacted by the Authority aforesaid, That where there is the like Appeal now depending in the said Court of Rome between Robert Harcourt, Merchant of the Staple, and Elizabeth Harcourt, otherwise called Elizabeth Robins, of the one Party, and Anthony Fidell, Merchant-stranger, on the other Party; that the said Robert, Elizabeth and Anthony, and every of them, shall and may, for the prosecuting and trying of their said Appeal, have and enjoy the like Remedy, Benefit and Advantage, in like Manner and Form as the said Richard and Agnes, 1 Hale's P. C. 404. or any of them, hath, may or ought to have and enjoy; this Act or any Thing therein contained to the contrary in any wise notwithstanding. 23 Eliz. c. 1. And see farther 1 W. & M. stat. 1. c. 18.