Page:Ruffhead - The Statutes at Large - vol 2.djvu/563

A. D. 1558.

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.

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.

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.

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.

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.

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.

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.

'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.