Page:Ruffhead - The Statutes at Large - vol 3.djvu/182

 •134 ^- lo- Anno decimo fexto Caroli 1. A- D. 1640.JI ^t H. S, cip. All Matters ex- aminable in the ,vS tar-Chamber, .•■may bs exa- minable and re- , drefled by the CosirtsfStar- tChamber, an<f all its powers ' cil, and the two Chief Juftices of the King's Bench and Common Pleas for the Time being, or other ' two Juftices in their Abfence, to proceed as in that A<5t is exprefTed, for the Punifhment of fome particu- ' lar Offences therein mentioned : (8) And by the Statute made in the one and twentieth Year of King ' ' Henry the Eighth, the Prefident of the Council is affociated to join with the Lord Chancellor and other ' Judges in the faid Statute of the Third oi Henry the Seventh mentioned ; (g) but the faid JTudges have ' not.kept themfelves to the Points limited by the faid Statute, but have undertaken to puniln where no ' Law doth warrant, and to make Decrees for Things having no fuch Authority, and to iuflidt heavier ' IL And forafmuch as all Matters examinable or determinable before the faid Judges, -or in the Court ' commonly called the Star-Chamber, may have their proper Remedy and Redreifs, and their due Punifh- ' ment and Correftion, by the Common Law of the Land, and in the ordinary Courfe of Juftice elfe- ' where ; (2) and forafmuch as the Reafons and Motives inducing the Eretftion and Continuance of that ' Court do now ceafe : (3) and the Proceedings, Cenfures and Decrees of that Court, have by Expe- ' rience been found to be an intolerable Burthen to the Subjeds, and the Means to introduce an arbitrary ' Power and Government; (|) and forafmuch as the Council-Table hath of late Times aflumed unto it ' ' felf a Power to intermeddle m Civil Caufes and Matters only of private Intereft between Party and Party, '' the Land and the Rights and Privileges of the Subjeft, by which great and manifold Mifchiefs and In- ■' copveniences have arifen and happened, and much Incertainty by Means of fuch Proceedings hath been ' coiiceived concerning Mens Rights and Eftates ;' for fettling whereof, and preventing the like in Time to come, IIL Be it ordained and enabled by the Authority of this prefent Parliament, That the faid Court com- monly called the Star-Chamber, and all Jurisdiction, Power and Authority belonging unto, or exer- cifed in the fame Court, or by any the Judges, Officers or Minifters thereof, be from the firft Day of Au- gujl in the Year of our Lord God one thoufand fix hundred forty and one, clearly and abfolutely diffolved, , taken away and determined ; (2) and that from the faid firft Day of yfe^»/f neither the Lord Chancellor, or Keeper of the Great Seal of England, the Lord Treafurer of England, the Keeper of the King's Privy Seal, or Prefident of the Council, nor any Bilhop, Temporal Lord, Privy Courifellor or Judge, or Tuf- ■tice whatfoever, fliall have any Power or Authority to hear, examine or determine any Matter or Thing whatfoever, in the faid Court commonly called the Star-Chamber, or to make, pronounce or deliver Lilce Jurifdiftion in feveral other (Courts repealed . ,*.atltalfett.away. ,3 H. 7. c. I, zi H. g, c. 10. No Couft or Council to have the like Jurif- diciion. The King or his Privy Council ftall not have Jutrifdiaion over iny Man's Xftate, Penalties upon great Officers and others for the firft Offence. Second Offence. any Judgment, Sentence, Order or Decree, or to do any Judicial or Minifterial hSt in the faid Court: ,(3) And that all and every A6t and A6s of Parliament, and all and every Article, Claufe and Sentence in them, and every of them, by which any Jurifdidlion, Power or Authority is given, limited or ap- pointed unto the faid Court commonly called the Star-Chamber, or unto all or any the Judges, Officers or Minifters thereof, or for any Proceedings to be had or made in the faid Court, or for any Matter or Thing to be drawn into Qiieftion, examined or determined there, fhall for fo much as concerneth the faid Court of Star-Chamber, and the Power and Authority thereby given unto it, be from the faid firft ,Day of Auguji repealed, and abfolutely revoked and made void, IV. And be it likewife enaded. That the like Jurifdidtion nowufedand exercifed in the Court before the Prefident and Council in the Marches of Wales; (2) and alfo in the Court before the Prefident and Council eftabliftied in the Northern Parts ; (3) and alfo in the Court commonly called the Court of the J)uch.Y oi Lmcajier, held before the Chancellor and Council of that Court ; (4) and alfo in the Court of Ex- chequer of the County Palatine of Chejler held before the Chamberlain and Council of that Court; ■/y) the like Jurifdidlion being exercifed there, fliall from the faid firft Day oi AuguJI one thoufand fix hundred forty and one, be alfo repealed and abfolutely revoked and made void ; any Law, Prefcription, Cuftom or Ufage, or the faid Statute made in the third Year of King Henry the Seventh, or the Statute made in the one and twelltieth of Henry the Eighth, or any Adt or Afls of Parliament heretofore had or made, to the contrary thereof in any wife notwithftanding : (6) And that fi-om henceforth no Court, Council or Place of Judicature, ftiall be erefted, ordained, conftituted or appointed within this Realm of England, or Dominion of PFales, which fliall have, ufe or exercife the fame or the like Jurifdidlion as is or hath been ufed, pra6tifed or exercifed in the faid Court of Star-Chamber. V. Be it likewife declared and ena<5led by Authority of this prefent Parliament, That neither his Majefty, nor his Privy Council, liave or ought to have any Jurifdidion, Power or Authority, by Englijh Bill, Petition, Articles, Libel, or any other arbitrary Way whatfoever, to examine or draw into Quef- tion, determine or difpofe of the Lands, Tenements, Hereditaments, Goods or Chattels of any the Sub- jefts of this Kingdom ; but that the fame ought to be tried and determined in the ordinary Courts of Juftice, and by the ordinary Courfe of the Law. VL And be it further provided and enadted. That if any Lord Chancellor, or Keeper of the Great Seal of England, Lord Treafurer, Keeper of the King's Privy Seal, Prefident of the Council, Bilhop, Temporal Lord, Privy Connfellor, Judge or Juftice whatfoever, fliall offend, or do any Thing con- trary to the Purport, true Intent and Meaning of this Law, then he or they fliall for fuch OffencJe forfeit the Sum of five hundred Pounds of lawful Money of England unto any Party grieved, his Executors or Adminiftrators, who ihall really profecute for the fame, and firft obtain Judgment thereupon, to be record- ed in any Court of Record at JVeJlminJler, by Adiion of Debt, Bill, Plaint or Information, wherein no Ef- foin, Protcdfion, Wager of Law, Aid Prayer, Privilege, Injundtion or Order of Reftraint, fliall be in any wife prayed, granted or allowed, nor any more than one Imparlance : (2) And if any Perfon againft whom any fuch Judgment or Recovery fliall be had as aforefaid, fliall after fuch Judgment or Recovery offend again in the fame, then he or they for fuch Offence fliall forfeit the Sum of one thoufand Pounds 8 of
 * two of them, calling unto them a Bifhop and a Temporal Lord of the King's mod Honourable Coun-
 * Punifhments than by any Law is warranted.
 * and have adventured to determine of the Eftates and Liberties of the Subjedt, contrary to the Law of