Ecclesiastical Appeals Act 1532

JurisdictionUK Non-devolved
Citation1532 c. 12
Year1532
Statutes made at Westminster, Anno 24 Hen VIII. and Anno Dom 1532 For the Restraint of Appeals.

(24 Hen. 8) C A P. XII.

'WHERE by divers sundry old authentick Histories and Chronicles, it is manifestly declared and expressed,that this Realm ofEngland is an Empire, and so hath been accepted in the World, governed by one supreme Head and King, having the Dignity and Royal Estate of the Imperial Crown of the same; (2) unto whom a Body politick, compact of all Sorts and Degrees of People, divided in Terms, and by Names of Spirituality and Temporalty, been bounden and owen to bear, next to God, a natural and humble Obedience; (3) he being also institute and furnished, by the Goodness and Sufferance of Almighty God, with plenary, whole, and entire Power, Preeminence, 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, insurge, or begin within the Limits thereof, without Restraint, or Provocation to any foreign Princes or Potentates of the World; (4)the Body Spiritual whereof having Power, when any Cause of the Law Divine happened to come in question, or of Spiritual Learning, then it was declared, interpreted, and shewed by that Part of the said Body politick, called the Spiritualty, now being usually called theEnglish 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 it self, without the intermeddling of any exterior Person or Persons, to declare and determine all such Doubts, and to administer all such Offices and Duties, as to their Rooms Spiritual doth appertain; (5) for the due Administration whereof, and to keep them from Corruption and sinister Affection, the King's most noble Progenitors, and the Antecessors of the Nobles of this Realm, have sufficiently endowed the said Church, both with Honour and Possessions; (6)and the Laws Temporal, for Trial of Property of Lands and Goods, and for the Conservation of the People of this Realm in Unity and Peace, without Rapine or Spoil, was and yet is administred, adjudged and executed by sundry Judges and Ministers of the other Part of the said Body Politick, called the Temporalty; (7) and both their Authorities and Jurisdictions do conjoin together in the due Administration of Justice, the one to help the other.

S-II

II. And whereas the King his most noble Progenitors, and the Nobility and Commons of this said Realm, at divers and sundry Parliaments, as well in the Time of KingEdward the first Edward the third, Richard the second, Henry the fourth, and other noble Kings of this Realm, made sundry Ordinances, Laws, Statutes, and Provisions for the entire and sure Conservation of the Prerogatives, Liberties and Preeminences of the said Imperial Crown of this Realm, and of the Jurisdiction Spiritual and Temporal of the same, to keep it from the Annoyance as well of the See of Rome , as from the Authority of other foreign Potentates, attempting the Diminution or Violation thereof, as often, and from Time to Time, as any such Annoyance or Attempt might be known or espied: (2) And notwithstanding the said good Statutes and Ordinances made in the Time of the King's most noble Progenitors, in Preservation of the Authority and Prerogative of the said Imperial Crown, as is aforesaid; yet nevertheless sithen the making of the said good Statutes and Ordinances divers and sundry Inconveniencies and Dangers, not provided for plainly bythe said former Acts, Statutes and Ordinances, have arisen and sprung by reason of Appeals sued out of this Realm to the See ofRome, in Causes Testamentary, Causes of Matrimony and Divorces, Right of Tithes, Oblations and Obventions, not only to the great Inquietation, Vexation, Trouble, Costs and Charges of the King's Highness, and many of his Subjects and Resiants of this his Realm, but also to the great Delay and Let to the true and speedy Determination of the said Causes, for so much as the Parties appealing to the said Court of Rome most commonly do the same for the Delay of Justice. (3) And forasmuch as the great Distance of Way is so far out of this Realm, so that the necessary Proofs, nor the true Knowledge of the Cause, can neither there be so well known, ne the Witnesses there so well examined, as within this Realm, so that the Parties grieved by means of the said Appeals be most times without Remedy:' (4) In Consideration whereof, the King's Highness, his Nobles, and Commons, considering the...

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