COMMISSION. VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith. To Our right trusty and wellbeloved Councillor Sir Edward Ryan, Knight, and Our trusty and wellbeloved Thomas Starkie, Robert Vaughan Richards, Henry Bellenden Ker, and Andrew Amos, Esquires, Greeting: WHERE AS His late Majesty King William the Fourth did, by His Letters Patent bearing date the Twentythird day of July, in the Fourth year of His Reign, appoint you the said Thomas Starkie, Henry Bellenden Ker, and Andrew Amos, together with William Wightman and John Austin, Esquires, to be His Commissioners for the purpose (amongst other things) of digesting into one Statute all the Statutes and Enactments touching Crimes, and the trial and punishment thereof, and also digesting into one other Statute all the provisions of the Common or unwritten Law touching the same, and for the purpose of inquiring and reporting how far it might be expedient to combine both these Statutes into one Body of the Criminal Law, repealing all other Statutory Provisions, or how far it might be expedient to pass into a Law the first mentioned only of the said Statutes: And whereas His said late Majesty did, by His Letters Patent, bearing date the Twenty-first day of October, in the Seventh year of His Reign, after revoking and determining the said first herein before recited Letters Patent, appoint you the said Thomas Starkie, Henry Bellenden Ker, and Andrew Amos, and the said William Wightman, together with David Jardine, Esquire, to be His Commissioners for the purposes aforesaid: And whereas We did by our Letters Patent, bearing date the Twenty-sixth day of October, in the First year of Our Reign, after revoking and determining the said lastly hereinbefore recited Letters Patent of His said late Majesty, appoint you the said Thomas Starkie, Henry Bellenden Ker, and Andrew Amos, and the said William Wightman and David Jardine to be our Commissioners for the purposes aforesaid: And whereas the said Commissioners have from time to time, in obedience to the said several recited Letters Patent, made Reports containing, amongst other things, a Digest of the written and unwritten Law relating to the definition of Crimes and Punishments, accompanied by suggestions for such partial alterations as they considered to be necessary, and are about to make a Report on Criminal Procedure, with a Digest of the existing Law relating thereto : Now Know YE, That We have revoked and determined, and by these Presents do revoke and determine our said recited Letters Patent, and every Clause, Article, and thing therein contained: And further KNOW YE, That We, reposing great trust and confidence in your zeal and ability, have authorized and appointed, and by these Presents do authorize and appoint you the said Thomas Starkie and Henry Bellenden Ker to complete the said Report on Criminal Procedure, with a Digest of the Law relating thereto, and you the said Sir Edward Ryan, Thomas Starkie, Robert Vaughan Richards, Henry Bellenden Ker, and Andrew Amos, or any Three or more of you to be Our Commissioners for the purpose of considering the said Reports and the alterations therein suggested, and the expediency of consolidating into one or more Statute or Statutes, (iv) agreeably to the Digest contained in such Reports, or with any and what alterations and additions, the whole or any part or parts of the Criminal Law, as well written as unwritten, and for preparing the Draft of a Bill or Bills for that purpose, and further for inquiring into and reporting separately respecting such Statutes or parts of Statutes relating to Criminal matters, as in your opinions ought to be repealed, and for preparing the Draft of a Bill or Bills for that purpose: And for the better effecting the purposes of this Our Commission by you the said Sir Edward Ryan, Thomas Starkie, Robert Vaughan Richards, Henry Bellenden Ker, and Andrew Amos, We do by these Presents give and grant to you the said Sir Edward Ryan, Thomas Starkie, Robert Vaughan Richards, Henry Bellenden Ker, and Andrew Amos, or any Three or more of you, full power and authority to call before you, or any Three or more of you, such Persons as you shall judge necessary, by whom you may be the better informed on the subject of this Our Commission, and every matter connected therewith, and also to call for, have access to, and examine all such official Books, Documents, Papers, and Records as may afford the fullest information on the subject, and to inquire of and concerning the premises by all other lawful ways and means whatsoever: And We do hereby give and grant to you the said Sir Edward Ryan, Thomas Starkie, and Robert Vaughan Richards, Henry Bellenden Ker, and Andrew Amos, or any Three or more of you, full power and authority, when the same shall appear to be requisite, to administer an Oath or Oaths to any Person or Persons whatsoever to be examined before you, or any Three or more of you, touching or concerning the premises: And Our further will and pleasure is, that you the said Sir Edward Ryan, Thomas Starkie, Robert Vaughan Richards, Henry Bellenden Ker, and Andrew Amos, or any Three or more of you, do and shall certify to Us in Our Court of Chancery, on Parchment, under your Hands and Seals respectively, your several proceedings in this matter, as the same shall be respectively completed and perfected: And We will and command, and by these presents ordain, that this Our Commission shall continue in full force and virtue, and that you the said Sir Edward Ryan, Thomas Starkie, Robert Vaughan Richards, Henry Bellenden Ker, and Andrew Amos, or any Three or more of you, may from time to time proceed in the execution thereof, and of every matter and thing therein contained, although the same be not continued from time to time by adjournment: And We hereby command all and singular Our Justices of the Peace, Sheriffs, Mayors, Bailiffs, Constables, Officers, Ministers, and all other Our loving subjects whatsoever, as well within Liberties as without, that they be assistant to you and each of you in the execution of these presents: And for your assistance in the due execution of this Our Commission, We have made choice of our trusty and well-beloved James John Lonsdale, Esquire, Barristerat-Law, to be Secretary to this Our Commission, and to attend you, whose service and assistance We require you to use from time to time as occasion may require. In Witness whereof we have caused these Our Letters to be made Patent. Witness Ourself at Westminster, the Twenty-second day of February, in the Eighth year of Our Reign. By Writ of Privy Seal, EDMUNDS. ; 5) REPORT. TO THE QUEEN'S MOST EXCELLENT MAJESTY IN HER HIGH COURT OF CHANCERY. WE, Your Majesty's Commissioners, appointed by Your Majesty's Commission, bearing date the 22nd day of February, in the eighth year of Your Majesty's reign, in obedience to that part of Your Majesty's Commission which directs us to inquire into, and report separately respecting, such statutes or parts of statutes relating to criminal matters as in our opinion ought to be repealed, having proceeded to consider what statutes or parts of statutes imposing penalties or disabilities in regard to religious opinions ought to be repealed, do humbly submit to Your Majesty the result of our consideration. We propose to report to Your Majesty upon this subject under the following heads, viz. I. Maintaining the Pope's spiritual jurisdiction and authority within this realm. II. Uniformity of public worship. III. Professing, exercising, or promoting a religion other than that established. IV. Recusancy, or the not resorting to a person's parish church. V. Holding offices or places of public trust, or following certain public occupations, without complying with certain tests; and refusing to comply with certain tests when tendered by Justices of the Peace, or other persons appointed for the purpose by the Queen in Council, or under the Great Seal. VI. A summary of the recommendations of the Commissioners with regard to the foregoing subjects. I. The offence of maintaining the spiritual jurisdiction and authority of the Pope within this realm. When the ecclesiastical supremacy of the Crown had been recently established, and soon after bulls had been promulgated by the Pope for absolving the people of England from their allegiance,* the assertion of the Pope's supremacy was visited with punishments of great severity. The laws of King Henry VIII. for resisting the Pope's jurisdiction and authority are not in force. But there are certain enactments on the subject in a statute of Queen Elizabeth, to which we desire to direct attention. The clauses in question are as follows. By the 1st of Queen Elizabeth, chap. 1, intituled, "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," it is (amongst other things) enacted: "That if any person or persons dwelling or inhabiting within this your realm, or in any other your Highness's 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 session 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, pre-eminence, power, or jurisdiction, spiritual or ecclesiastical, of any foreign prince, prelate, person, state, or potentate whatsoever, heretofore claimed, used, or usurped within this realm, or any dominion or country being within or under the power, dominion, or obeysance of your Highness, or shall advisedly, maliciously, and directly put in ure or execute anything for the King Henry VIII. made no law for imposing an oath of supremacy until after the bull of Pope Paul III.-Burnet, part 11, b. 3, p. 750. Records, No. 13. See ib. vol. i. p. 836, as to Pope Pius V.'s bull for deposing Queen Elizabeth. B |