Page:Ruffhead - The Statutes at Large - vol 2.djvu/228

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King's 1 Vrog Itoi'h d Sta- fates of Realm. this C iq, -Anno vicefimo quinto He nrici VIII. A. 0.1533, c and be thought not only to be much prejudicial to the King's Prerogative Royal, and repugnant to the ' Laws and Statutes of this Realm, but alio overmuch onerous to his Highnefs and his Subjects; the (aid - Clergy hath moft humbly befought the King's Highnefs, that the faid Conftitutions and Canons may be c committed to the Examination, and Judgment of his Highnefs, and of two and thirty Perfons of the ' King's Subjects, whereof ilxteen to be of the upper and nether Houfe of the Parliament of the Tempo- 4 r'alty, and the other fixteen to be of the Clergy of this Realm; and all the faid two and thirty Perfons to ' be chofen and appointed by the King's Majefty; (3) and that fuch of the faid ConfKtutions and Canons, ' as (hall be thought and determined by the faid two and thirty Perfons, or the more Part of them, worthy 4 to be abrogated and adnulled, fhall be abolite and made of no Value accordingly; (4) and fuch other

  • of the fame Conftitutions and Canons, as by the faid two and thirty, or the more Part of them, fhall be

' approved to ftand with the Laws of God, and confonant to the Laws of this Realm, fhall ftand in their Crt.i/.j7i, * full Strength and Power, the King's moft Royal Affentfirft had and obtained to the fame :' ($) Be it there- for- fore now enacted by Authority of this prefent Parliament according to the faid Submiflion and Petition of 1 The cieigyfliall ^ ^jj Q er g V< that they ne an y f them from henceforth fhall prefume to attempt, alledge, claim or put CofiftltutbnsOT ' n ure anv Conftitutions or Ordinances Provincial or Synodal, or any other Canons; nor fhall enact, pro- ■ Ordinances mulge or execute any fuch Canons, Conftitutions or Ordinances Provincial, by whatsoever Name or Names without the they may be called, in their Convocations in Time coming (which alway fhall be affembled by Authority King's Aflent. f t he King's Writ) unlefs the fame Clergy may have the King's moft Royal AfTent and Licence to make, rafliSfbe 1 "' 1 " P romu 'g e an( ^ execute fuch Canons, Conftitutions and Ordinances Provincial or Synodal, (6) upon Pain of afiembied by the every one of the faid Clergy doing contrary to this Act, and being thereof convict, to fuffer Imprifonment, King's Writ, and make Fine at the King's Will. _, „. ' II. And forafmuch as fuch Canons, Conftitutions and Ordinances, as heretofore have been made by affign ■izPnfoas * ^ e Clergy °f tn ' s Realm, cannot now at the Seffion of this prefent Parliament, by Reafon of Shortnei's to examine the ' of Time, be viewed, examined and determined by the King's Highnefs, and thirty-two Perfons to be Canons, and to * chofen and appointed according to the Petition of the faid Clergy in Form above rehearfed :' Be it there- continue fuch f ore enacted by Authority aforefaid, That the King's Highnefs fhall have Power and Authority to nomi- woT-h 7 andt nate an ^> a ffig n 5 at ms Pleafure, the faid two and thirty Perfons of his Subjects, whereof fixteen to be of the abridge th« Re. Clergy, and fixteen to be of the Temporal tyof the Upper and Nether Houfe of the Parliament; and if any of the iidue, faid two and thirty Perfons fo chofen fhall happen to die before their full Determination, then his Highnefs to EXP. nominate other from Time to Time of the faid two Houfes of the Parliament, to fupply the Number of 3S &t'i C 'J the faid two and thirty; (2) and that the fame two and thirty, by his Highnefs fo to be named, fhall have c nt ' ' Power and Authority to view, fearch and examine the faid Canons, Conftitutions and Ordinances Pro- 3'lnft. 39. vincial and Synodal heretofore made, and fuch of them as the King's Highnefs and the laid two and thirty, Hob. 148. or the more Part of them, fhall deem and adjudge worthy to be continued, kept and obeyed, fhall be 33 Co. 47. from thenceforth kept, obeyed and executed within this Realm, fo that the King's moft Royal Aflent under a Roll 481. his Great Seal be firft had to the fame; (3) and the Refidue of the faid Canons, Conftitutions and Ordi- N ' .. nances Provincial, which the King's Highnefs, and the faid two and thirty Perfons or the more Part of be executed them, fhall not approve, or deem and judge worthy to be abolite, abrogate and made fruftrate, fhall from which be con- thenceforth be void and of none Effect, and never be put in Execution within this Realm. (4) Provided trary to the alway, That no Canons, Conftitutions or Ordinances fhall be made or put in Execution within this Realm King's Preroga- by Authority of the Convocation of the Clergy, which fhall be contrarient or repugnant to the King's Pre- Laws"" the r °g at i ve Royal, or the Cuftoms, Laws or Statutes of this Realm; any Thing contained in this Act to the contrary hereof notwithftanding. - 3 J,"* 1- <hu ^' ^ e lt f urt ' ler enacted by Authority aforefaid, That from the Feaft of Eajler, which fhall be in

  • " ^ a a , s ^ the Year of our Lord God 1534, no manner of Appeals fhall be had, provoked, or made out of this Realm,

Romcf but Ap- or out °' r an Y the King's Dominions, to the Bifhop of Rome, nor to the See of Rome, in any Caufes or peals (hall be ac- Matters happening to be in Contention, and having their Commencement and Beginning ill any of the cording to the Courts within this Realm, or within any the King's Dominions, of what Nature, Condition or Quality Statutemadc24 foever they be of; but that all manner of Appeals, of what Nature or Condition foever they be of, or p. . c 12. w hat Caufe or Matter foever they concern, fhall be made and had by the Parties grieved, or having Caufe of Appeal, after fuch Manner, Form and Condition, as is limited for Appeals to be had and profecuted within this Realm in Caufes of Matrimony, Tythes, Oblations and Obventions, by a Statute thereof made and eftablifhed fithen the Beginning of this prefent Parliament, and according to the Form and Effect of the faid Eftatute; any Ufage, Cuftom, Prefcription, or any Thing or Things to the contrary hereof not- withftanding. AppealsfVomthe IV. And for lack of Juftice at or in any the Courts of the Archbifhops of this Realm, or in any the Archbilhop's King's Dominions, it fhall be lawful to the Parties grieved to appeal to the King's Majefty in the King's Chancery ' ' Court of Chancery; - (2) and that upon every fuch-. Appeal* a Cornmiffion . fhall be directed under the 4 Mod, 117. Great Seal to fuch Perfons as fhall be named by the King's Highnefs, his Heirs or Succeffors, like as in Dyer, f. 209, cafe of Appeal from the Admiral's Court, to hear and definitively determine fuch Appeals, and the Caufes concerning the fame. (3) Which Commiffioners, i'o by the King's Highnefs, his Heirs or Succeffors, to be named or appointed, fhall have full Power and Authority to hear and definitively determine every fuch Appeal, with the Caufes and all Circumftances concerning the fame; and that fuch Judgment and Sen- tence, as the faid Commiffioners fhall make and decree, in and upon any fuch Appeal, fhall be good and effectual, and alfo definitive; and no further Appeals to be had or made from the faid Commiffioners for the fame. Praemunire for V. And if any Perfon or Ferfons, at any Time after the faid Feaft of Eafter, provoke or fue any man- t U, R.o° f /or - ner °^ -Appeals, °f wnat Nature or Condition foever they be of, to the faid Bifhop of Rome, or to the See ecuting any Pro- °^ R- ome i or do procure or execute any manner of Procefs from the See of Rome, or by Authority thereof, cefi from thence, to the Derogation or Let of the due Execution of this Act 3 or contrary to the fame, that then every fuch 16 R. a. c. y 3 Perfon