Page:Ruffhead - The Statutes at Large - vol 2.djvu/215

 A. £>. 1532. Anno viccflmo quarto He nrici VIII. 12. i--* C A P. XII. For the ReMraint of Appeals. 4 W prefled, that this Realm of England is an Empire, and fo hath been accepted In the World, govern- eminence »nd one fupreme Head and King, having the Dignity and Royal I the Imperial Crown o! c ;!iid by Names of Spiritualty and Temporally, been bounden and owen to bear, next to Grid, a natural ' and humble Obedience; (3; he being alfo inftitute and furnifhed, by the Goodncfs and Sufferance of Al- ' diction, to render and yield Jultice, and final Determination to all manner of Folk, Refiants, or Subj ' the World ; (4) the Body Spiritual whereof having Power, when any Caufe of the Law Divine happen- The Voter, ' Part of the laid Body politick, called the Spiritualty, now being ufually called the Englijh Church, which Wift moftbe c always hath been reputed, and alfo found of that Sort, that both for Knowledge, Integrity and Suffi< ■ "' u3 '" ' the intermeddling of any exterior Perlon or Pcrfons, to declare and determine all fuch Doubts, and to ad- ' minifter all fuch Offices and Duties, as to their Rooms Spiritual doth appertain ; (5) for the due Admini- ' flration whereof, and to keep them from Corruption and unifier Affection, the King's moil noble Pi ' II. And whereas the King his moil: noble Progenitors, and the Nobility and Commons of this faid Realm, ' Statutes, and Provifions for the entire and lure Confervation of the Prerogatives, Liberties and Preemi- ' fame, to keep it from the Annoyance as well of the See of Rome, as from the Authority of other foreign 4 fuch Annoyance or Attempt might be known or efpied: (2) And notwithstanding the faid good Statutes ' great Delay and Let to the true and fpeedy Determination of the faid Caufes, for fo much as the Parties ' appealing to the faid Court of Rome moil commonly do the fame for the Delay of Juftice. (3) And foraf— ' much as the great Diftance of Way is fo far out of this Realm, fo that the neceffary Proofs, nor the true ' Knowledge of the Caufe, can neither there be fo well known, ne the Witneffes there fo well examined, r.;; ' dy :' (4) In Confideration whereof, the King's Highnefs, his Nobles, and Commons, confidering the great Enormities, Dangers, long Delays and Hurts, that as well to his Highnefs, as to his faid Nobles, Sub- jects, Commons, and Refiants of this his Realm, in the faid Caufes Testamentary, Caufes of Matrimony and Divorces, Tithes, Oblations and Obventions, do daily enfue, doth therefore by his Royal Affent, and by the Affentof the Lords Spiritual and Temporal, and the Commons, in this prefent Parliament affembled, and by Authority of the fame, enact, eftablifh and ordain, That all Caufes Teftamentary, Caufes of Ma- a'a o-fet de- trimonyand Divorces, Rights of Tithes, Oblations and Obventions (the Knowledge whereof by the Good- terminable by nefs of Princes of this Realm, and by the Laws and Cuftoms of the fame, appertaineth to the Spiritual Ju- any Spiritual Ju. rifdiction of this Realm) already commenced, moved, depending, being, happening, or hereafter coming n: .' :a,cn :h. all. b= in Contention, Debate or Queftion within this Realm, or within any the King's Dominions, or Marches ^Kir? "ao- of the fame, or elfewhere, whether they concern the King our Sovereign Lord, his Heirs and Succeffors, or thority. any other Subjects or Refiants within the fame, of what Degree foever they be, fhall be from henceforth heard, examined, difcuffed, clearly, finally, and definitively adjudged and determined within the King's Jurif- diction and Authority, and not elfewhere, in fuch Courts Spiritualand Temporal of the fame, as the Natures, Conditions, and Qualities of the Cafes and Matters aforefaid in Contention, or hereafter happening in Con- tention, fhall require, without having any Refpect to any Cuftom, Ufe, or Sufferance, in Hindrance, Let, or Prejudice of the fame, or to any other Thing ufed or fuffered to the contrary thereof by any other man- ner of Perlon or Perfons in any manner of wile; any foreign Inhibitions, Appeals, Sentences, Summons, Citations, Sufpenfions, Interdictions, Excommunications, Reftraints, Judgments, or any other Procefs or Impediments, of what Natures, Names, Qualities, or Conditions foever they be, from the See of Rome, or any other foreign Courts or Potentates of the World, or from and out of this Realm, or any other the Vol. II. A a King'?
 * f T7 HERE by divers fundry old authcntickHiftories and Chronicle wl and ex- r
 * fame; (2) unto whom a Body politick^ compact of all Sorts and Degrees of People, divided in T<
 * mighty God, with plenary, whole, and entire Power, Preeminence, Authority, Prerogative and Turif-
 * within this his Realm, in all Caufes, Matters, Debates and Contentions, happening to occur, infurge, or
 * begin within the Limits thereof, without Refhaint, or Provocation to any foreign Princes or Potentates of
 * ed to come in qucftion, or of Spiritual Learning, then it was declared, interpreted, and (hewed by that Learning and
 * of Number, it hath been always thought, and is alfo at this Hour, fufficient and meet of it felf, without
 * nitors, and the Antcccffors of the Nobles of this Realm, have fufficicntly endowed the faid Ch 1 ,
 * both with Honour and Pofleffions ; (6) and the Laws Tempord, for Trial of Property of Lands and The Form and
 * Goods, and for the Confervation of the People of this Realm in Unity and Peace, without Rapine, or Manner of Go-
 * Spoil, was and yet is adminiftrcd, adjudged and executed by fundry Judges and Minifters of the other Part vernmeot 01
 * of the faid Body politick, called the Temporalty; (7) and both their Authorities and Jurifdiclions do E < latcTc:l '? ora
 * conjoin together in the due Adminiftration of Juilicc, the one to help the other.
 * at divers and fundry Parliaments, as well in the Time of King Edward the firft, Edward the third, Ricb-
 * ar^thefecond, Henry the fourth, and other noble Kings of this Realm, made fundry Ordinances, Laws,
 * nenccs of the faid Imperial Crown of this Realm, and of the Jurifdiction Spiritual and Temporal of the
 * Potentates, attempting the Diminution or Violation thereof, as often, and from Time to Time, as any
 * and Ordinances made in the 1 ime of the King's mod noble Progenitors, in Prefervation of the Authority
 * and Prerogative of the faid Imperial Crown, as is aforefaid; yet neverthelefs fithen the making of the faid
 * good Statutes and Ordinances divers and fundry Inconveniencies and Dangers, not provided for plainly by xj, e f ovcn i n.
 * the faid former Acts, Statutes and Ordinances, have arifen and fprung by reafon of Appeals fued out of conveniences ia
 * this Realm to the See of Rome, in Caufes Teftamentary, Caufes of Matrimony and Divorces, Right of fuing of Appeals
 * Tithes, Oblations and Obventions, not only to the great Inquietation, Vexation, Trouble, Colts and t0 R n "■"•
 * Charges of the King's Highnefs, and many of his Subjects and Refiants of this his Realm, but alfo to the
 * within this Realm, fo that the Parties grieved by means of the faid Appeals be moll times without Reme-