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No. III. 9 Edw. II. st. 1. C. 16.
by the Ordinary, shall not be denied to a Clerk that hath confessed Felony.
[ No. IV. ] 1 Edward III. st. 2. c. 2.—How every Per
son may use his Woods within the Forest. Seising of Bishops' Temporalties.
[ No. V. ] 18 Edward III. st. 3. c. 6.- Temporal Jus.
tices shall not enquire of Process awarded by Spiritual
Juries. 18 Edward III. " ITEM, Whereas commissions be newly made to divers justices, that st. 3. c. 6. they sball make enquiries upon judges of holy church whether
they made just process or excessive in causes testamentary, and other, “ which notoriously pertaineth to the cognizance of holy church, the “ said justices have enquired and caused to be indicted, judges of holy
church, in blemishing of the franchise of holy church ;”. that such • commissions be repealed, and from henceforth defended, saving the . article in eyre, such as ought to be.'
30 Edward III.
[ No. VI.]. 50 Edward III. c. 4.—No Prohibition shall
be allowed after Consultation duly granted. 1
TEM, It is ordained and stablished of the said assent, That whereas
a consultation is once duly granted upon a prohibition made to a * judge of the holy church, that the same judge may proceed in the cause .by virtue of the same consultation, notwithstanding any other prohi
bition thereupon to him delivered : Provided always, that the matter • in the libel of the said cause be not engrossed, enlarged, or otherwise changed.'
( No. VII.) i Richard II. c. 13.-Ecclesiastical Judges
shall not be vexed for Suits for Tithes in a Spiritual
Court. i Richard II. • ITEM, the prelates and clergy of this realm do greatly complain c. 13.
them, for that the people of holy church, pursuing in the spi“ ritual court for their tithes, and their other things, which of right “ ought, and of old times were wont to pertain to the same spiritual “ court, and that the judges of holy church, having cognizance in such “ cases, and other persons thereof meddling according to the law, be “ maliciously and unduly for this cause indicted, imprisoned, and by “secular power horribly oppressed, and also enforced with violence by “ oaths and grievous obligations, and many other means unduly com“ pelled to desist and cease utterly of the things aforesaid, against tho
“ liberties and franchises of holy church.” • Wherefore it is assented, The penalty of That all such obligations made or to be made by duress or violence, those which do
• shall be of no value. And as to those that by malice do procure such procure such indictments.
. indictments, and to be the same indictors, after the same indictees be
so acquit, such procurers shall have and incur the same pain that is • contained in the statute of Westminster the second, of those which
procure false appeals to be made. And the justices of assizes, or • other justices, before whom such indictees shall be acquit, shall have
power to inquire of such procurers and indictors, and duly to punish • them according to their desert.'
[ No. VIII. ]
1 Richard II. c. 14.-In an Action of
Goods taken away, the Defendant maketh Title for No. VIII. Tithes due to the Church.
1 Richard II. : ITEM, It is accorded. That at what time that any person of the holy taken, by the name of goods taken away, and he which is so drawn in plea maketh an exception, or allegeth that the substance and suit of the business is only upon tithes due of right and of possession to his church, or to another his benefice, that in such case the general averment shall not be taken without shewing specially how the same was • his lay-chattel.'
[ No. IX.) 13 Richard II. st. 1. c. 5.-What Things
the Admiral and his Deputy shall meddle. ITEM, Porasmuch as a great and common clamour and complaint 13 Richard II.
hath been oftentimes made before this time, and yet is, for that st5. " the admirals and their deputies hold their sessions within divers places “ of this realm, as well within franchise as without, accroaching to " them greater authority than belongeth to their office, in prejudice of " our Lord the King, and the common law of the realm, and in dimi
nishing of divers franchises, and in destruction and impoverishing of “ the common people;" • It is accorded and assented, That the admi
rals and their deputies shall not meddle from henceforth of any thing • done within the realm, but only of a thing done upon the sea, as it • bath been used in the time of the noble Prince King Edward, grand• father of our Lord the King that now is.'
[ No. X. ] 15 Richard II. c. 3.-In what Places the
Admiral's Jurisdiction dotb lie. I TEM, At the great and grievous complaint of all the commons 15 Richard II.
made to our Lord the King in this present Parliament, for that “ the admirals and their deputies do incroach to them divers jurisdic.“ tions, franchises, and many other profits pertaining to our Lord the “ King, and to other Lords, cities and boroughs, other than they were “ wont or ought to have of right, to the great oppression and impover“ ishment of all the commons of the land, and hindrance and loss of “ the King's profils, and of many other lords, cities, and boroughs “ through the realm;" It is declared, ordained, and established, That • of all manner of contracts, pleas and quarrels, and all other things • rising within the bodies of the counties, as well by land as by water,
and also of wreck of the sea, the admiral's court shall have no man• ner of cognizance, power, nor jurisdiction; but all such manner of . contracts, pleas, and quarrels, and all other things rising within the
bodies of counties, as well by land as by water, as afore, and also . wreck of the sea, shall be tried, determined, discussed, and remedied by the laws of the land, and not before nor by the admiral, nor his
lieutenant in any wise. Nevertheless, of the death of a man, and of a • maihem done in great ships, being and hovering in the main stream of great rivers, only beneath the bridges of the same rivers pigh to the sea, and in none other places of the same rivers, the admiral shall • have cognizance, and also to arrest ships in the great flotes for the great voyages of the King and of the realm ; saving always to the King all manner of forfeitures and profits thereof coming : And he shall • bave also jurisdiction upon the said flotes, during the said voyages
only, saving always to the lords, cities, and boroughs their liberties • and franchises.'
[ No. XI. ) 2 Henry IV. c. 11.-A Remedy for him
who is wrongfully pursued in the Court of Admiralty.
No. XI. 2 Henry IV.
The statute of 13 R. 2. st. 1. c.5. confirmed, touching the admiral's jurisdiction.
ITEM, Whereas in the statute made at Westminster the thirteenth
year of the said King Richard, amongst other things it is contained, " That the admirals and their deputies shall not intermeddle from “thenceforth of any thing done within the realm, but only of a thing “ done upon the sea, according as it hath been duly used in the time of " the noble King Edward, grandfather to the said King Richard;" 'our
said Lord the King will and granteth, That the said statute be firmly • holden and kept, and put in due execution. And moreover, the same our Lord the King, by the advice and assent of the Lords Spiritual and Temporal, and at the prayer of the said Commons, hath ordained and • stablished, That as touching a pain to be set upon the admiral, or bis • lieutenant, that the statute and the common law be holden against • them ; and that he that feeleth himself grieved against the form of the • said statute, shall have his action by writ grounded upon the case • against him that doth so pursue in the admiral's court; and recover • bis double damages against the pursuant ; and the same pursuant shall : incur the pain of ten pounds to the King for the pursuit so made, if • he be attainted.'
2 Henry V. st. 1. c. 3.
[ No. XII. ] 2 Henry V. stat. 1. c. 3.-A Copy of the
Libel in the Spiritual Court shall be delivered. ITEM, Forasmuch as divers of the King's liege people be daily
cited to appear in the spiritual court before spiritual judges, there “ to answer to divers persons, as well of things which touch freehold, “ debt, trespasses, covenants, and other things whereof the cognizance
pertaineth to the court of our Lord the King, as of matrimony and “ Testament; and when such persons so cited appear and demand a libel " of that which against them is surmised, to be informed to give their
answer thereunto, or otherwise to purchase a writ of our Lord the
King, of prohibition, according to their case, which libel to them is “ denied by the said spiritual judges, to the intent that such persons “should not be aided by any such writ, against the law, and to the “great damage of such persons so impleaded;" · Our said Lord the
King, by the advice and assent of the Lords Spiritual and Temporal, and at the request and instance of the said Commons, hath ordained • and established, That at what time the libel is grantable by the law, ' that it may be granted and delivered to the party without any difficulty.'
[ No. XIII. ] 23 Henry VIII. c. 9.–An Act that no
Person shall be cited out of the Diocese where he or
she dwelleth, except in certain cases. 23 Henry VIII. WHERE great number of the Kings subjects, as wel! men, wives, c. 9.
scrvants, as other the King's subjects dwelling in divers dioceses of this realm of England and of Wales, heretofore have been at many • times called by citations, and other processes compulsory, to appear • in the Arches Audience, and other high courts of the archbishops of • this realm, far from and out of the diocese where sueh men, wives, • servants, and other the King's subjects been inhabitant and dwelling, and many times to answer to surmised and feigned causes, and suits of defamation, withholding of tithes, and such other like causes and matters, which have been sued more for malice and for vexation than
for any just cause of suit. No person shall • II. And where certificate hath been made by the summoner, appabe cited out of
rator, or any such light literate person, that the party against whom the diocese
any such citation bath been awarded, hath been cited or summoned, where he dwell and thereupon the same party, so certified to be cited or summoned, eth, but in cer.. hath not appeared according to the certificate, the same party there.
• fore hath been excommunicated, or at the least suspended from all
• divine service; and thereupon, before that he or she could be absolved, No. XIII.
hath been compelled, not only to pay the fees of the court whereunto 23 H. VIII. • he or she was so called by citation or other process, amounting to the ' sum of ij.s. or xx.d. at the least ; but also to pay to the summoner, • apparator, or other light literate person, by whom he or she was so • certified to be summoned, for every mile being distant froin the place
where he or she then dwelled, unto the same court whereunto he or • she was so cited or summoned to appear, ii.d. to the great charge and impoverishment of the King's subjects, and to the great occasion of misbehaviour and misliving of wives, women, and servants, and to • the great impairment and diminution of their good names and ho• nesties:' Be it therefore enacted by the King our sovereign Lord, with the assent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by authority of the same, That no manner person shall be from henceforth cited or summoned, or otherwise called to appear by himself or herself, or by any procurator, before any ordinary, archdeacon, commissary, official, or any other judge spiritual out of the diocese, or peculiar jurisdiction where the person which shall be cited, summoned, or otherwise (as is aforesaid) called, shall be inhabiting, and dwelling, at the time of awarding, or going forth of the same citation or summons; except that it shall be for, in, or upon any of the cases or causes hereafter written ; that is to say, for any spiritual offence or cause committed or done, or omitted, forslewed, or neglected to be done, contrary to right or duty, by the bishop, archdeacon, commissary, official, or other persons having spiritual jurisdiction, or being a spiritual judge, or by any other person or persons within the diocese, or other jurisdiction whereunto he or she shall be cited, or otherwise lawfully called to appear and answer.
II. And except also it shall be by or upon matter or cause of appeal, or for other lawful cause, wherein any party shall find himself or herself grieved or wronged by the ordinary judge or judges of the diocese or jurisdiction, or by any of his substitutes, officers or ministers, after the matter or cause there first commenced, and begun to be shewed unto the archbishop or bishop, or any other having peculiar jurisdiction, within whose province the diocese or place peculiar is; or in case that the bishop or other immediate judge or ordinary dare not, nor will not convent the party to be sued before him ; or in case that the bishop of the diocese, or the judge of the place within whose jurisdiction, or before whom the suit by this Actshould be commenced and prosecuted, be party directly or indirectly to the matter or cause of the same suit; or in case that any bislop, or any inferior judge having under him jurisdiction in his own right and title, or by commission, make request or instance to the archbishop, bishop, or other superior ordinary or judge, to take, treat, examine, or determine the inatter before him, or his substitutes, and that to be done in cases only where the law civil or canon doth affiem execution of such request, or instance of jurisdiction to be lawful or tolerable: upon pain of forfeiture to every person by The forfeit of any ordinary, commissary, official, or substitute, by virtue of his office, an ordinary ofor at the suit of any person to be cited, or otherwise summoned, or fending against called contrary to this Act, of double damages and costs for the
vexa- the purport of
this statute. tion in that behalf sustained, to be recovered against any such ordinary, commissary, archdeacon, official, or other judge, as shall award or make process, or otherwise attempt or procure to do any thing contrary to this Act, by action of debt, or action upon the case, according to the course of the common law of this realm in any of the King's high .courts, or in any other competent temporal court of record, by original writ of debt, bill, or plaint; in which action, no protection, other than such as shall be made under the King's great seal, and signed with his sign manual, shall be allowed, neither any wager of law, nor essoin shall be admitted ; and upon pain of forfeiture for every person so summoned, cited, or otherwise called (as is abovesaid) to answer before any spiritual judge out of the diocese, or other jurisdiction where the said person so dwelleth, or is resident or abiding, m.li. sterling; the one YOL. IV.
No. XIII. half thereof to be to the King our Sovereign Lord, and the other 23 H. VIII. half to any person that will sue for the same in any of the King's said
courts, or in any other the said temporal courts, by writ, information, bill, or plaint; in which action no protection shall be allowed, oor wager of law or essoin shall be admitted.
IV. Provided always, That it shall be lawful to every archbishop of this realm to call, cite, and summon any person or persons inhabiting or dwelling in any bishop's diocese within his province, for causes of heresy, if the bishop or other ordinary immediate thereunto consent, or if that the same bishop, or other immediate ordinary or judge do not his
duty in punisbment of the same. Proviso for V. Provided also, That this Act shall not extend in any wise to the the probate of prerogative of the Most Reverend Father in God the Archbishop of testaments ia Canterbury, or any of his successors, of or for calling any person or the province persons out of the diocese where he or they be inhabiting, dwelling, of Canterbury. or resident, for probate of any testament or testaments ; any thing in
this Act contained to the contrary notwithstanding. The fees for VI. And be it further enacted by authority aforesaid, That no archthe seal of a bishop, nor bishop, ordinary, official, commissary, or any other substicitation. tute or minister of any of the said archbishops, bishops, archdeacons,
or other having any spiritual jurisdiction, at any time from the feast of Easter next coming, shall ask, demand, take, or receive of any of the King's subjects, any sum or sums of money for the seal of any citation, after the said feast to be awarded or obtained, than only iii. d. sterling, upon the pains and penalties before limited, contained, and expressed in this present Act, to be in like form recovered, as is
aforesaid. Proviso for VII. Provided always, That this Act be not in any wise hurtful or prethe probate of judicial to the Archbishop of York, nor to his successors, of, for, or testaments in concerning probate of testaments within his province and jurisdiction, the province of by reason of any prerogative; any thing in this Act to the contrary York.
[ No. XIV. ] 24 Henry VIII. c. 12.–For the Restraint
of Appeals. 24 Henry VIII. : WHERE by divers sundry old authentic histories and chronicles,
it is manifestly declared and expressed, that this realm of Eng.
• land is an empire, and so hath been accepted in the World, governed pre-eminence, by one supreme Head and King, baving the dignity and royal estate of and authority the Imperial Crown of the same; unto whom a body politic, compact of the King of of all sorts and degrees of people, divided in terms, and by names of England. spiritualty and temporalty, been bounden and owen to bear, next to
God, a natural and humblc obedience; he being also institute and furnished, by the goodness and sufferance of Almighty God, with plenary, whole, and entire power, pre-eminence, authority, prerogative
and jurisdiction, to render and yield justice, and final determination • to all manner of folk, resiants, or subjects within this his realm, in • all causes, matters, debates, and contentions, happening to occur, in
surge or begin within the limits thereof, without restraint, or provoThe power,
*cation to any foreign princes or potentates of the World; the body learning and spiritual whereof having power, when any cause of the law divine wisdom of the happened to come in question, or of spiritual learning, then it was body spiritual. . declared, interpreted, and shewed by that part of the said body politic,
• called the spiritualty, now being usually called the English church, • which always hath been reputed, and also found of that sort, that both for knowledge, integrity and sufficiency of number, it hath been always thought, and is also at this hour, sufficient and meet of itself, . without the intermeddling of any exterior person or persons, to declare • and determine all such doubts, and to adininister all such offices and • duties, as to their rooms spiritual doth appertain ; for the due admi•nistration whereof, and to keep them from corruption and sinister af