Act of Supremacy (Ireland) 1560

Act of Supremacy (Ireland) 1560

1560 CHAPTER 1 2 Eliz 1

An Act restoring to the Crown, the auncient Jurisdiction over the State Ecclesiasticall and Spirituall, and abolishing all forreine Power repugnant to the same.

I-IV. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Textual Amendments

F1 Ss. 1, 3, 4 repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Part XIII; s. 2 repealed by Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984 (N.I. 14), art. 21(2)-(5), Sch. 3

V No foreign power to exercise ecclesiastical jurisdiction in this realm.

And to the intent that all usurped and forreign power and authority spiritual and temporal may for ever be cleerly extinguished, and never to be used or obeyed within this realm; no forreign prince, person, prelate, state, or potentate, spiritual or temporal, shall at any time after the last day of this session of Parliament use, enjoy, or exercise any manner of power, jurisdiction, superiority, authority, preheminence, or priviledge spiritual or ecclesiasticall within this realm, but from henceforth the same shall be clearly abolished out of this realm for ever; any estatue, ordinance, custome, constitutions, or other matter or cause whatsoever, to the contrary in any wise notwithstanding.

F2 VI—XI.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 S. 6 repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Part XIII; ss. 7-11 repealed by Promissory Oaths Act 1871 (c. 48), Sch. 3 Part II

XII Penalty of maintaining or defending foreign authority. First offence, forfeiture of goods and chattels: a year’s imprisonment, besides, if he has not £20. If an ecclesiastical person, his benefice to be void, as if dead and the patron may present. Second offence praemunire, 16 R.2 c.5. Third offence high treason.

And for the more sure observation of this act, and the utter extinguishment of all forrein and usurped power and authoritie, if any person or persons dwelling or inhabiting within this your realm, of what estate, dignitie or degree soever he or they be, after the end of thirtie daies next after the determination of this session of this present Parliament, shall be writing, printing, teaching, preaching, expresse words, deed or act, advisedly, maliciously, and directly affirm, hold, stand with, set forth, maintain and defend, the authority, preheminence, power, or jurisdiction, spiritual or ecclesiasticall, of any forrein prince, prelate, person, state or potentate whatsoever heretofore claymed, used or usurped within this realm, or shall advisedly, maliciously and directly put in ure or execute any thing for the extolling, advancement, setting forth, maintenance or defence of any such pretended or usurped jurisdiction, power, preheminence, or authority, or any part thereof, that then every such person and persons so doing and offending, their abbettours, aydours, procureers, and counsellours being thereof lawfully convicted and attainted according to the due order and course of the common lawes of this realm, for his or their first offence shall forfeit and lose unto your Highnesse, your heyres and successours, all his and their goodes and chattels as well reall as personall, and if any such person so convicted or attainted shall not have or be worth of his proper goods and chattells to the value of twentie poundes, at the time of such his conviction or attayndour, that then every such person so convicted and attaynted over and besides the forfeiture of all his said goodes and chattells, shall have and suffer imprisonment by the space of one whole year without bayl or maineprise; and that also all and every the benefices, prebends and other ecciesiasticall promotions and dignities whatsoever, of everie spirituall person so offending and being attainted, shall immediately after such attaindour bee utterly voyd to all intents and purposes, as though the incumbent thereof were dead; and that the patron and donour of every such benefice, prebend, spirituall promotion and dignitie, shall and may lawfully present unto the same, or give the same in such manner and form as if the said incumbent were dead; and if any such offendour or offendours after such conviction or attaindour doe eftsoones commit or doe the said offences or any of them in manner and form aforesaid, and be thereof duely convicted and attainted as is aforesaid, that then every such offendoure or offendours shall for the same second offence incurr into the dangers, penalties and forfeitures, ordeyned and provided by “The Statute of Praemunire”, made within the realm of England in the sixteenth year of the raign of King Richard the second, and if any such offendour or offendours at any time after the said second conviction and attaindour, doe the third time commit and doe the said offences, or any of them, in manner and form aforesaid, and be thereof duly convicted, and attaynted as aforesaid, that then everie such offence or offences shall bee deemed and adjudged high treason, and that the offendour, and the offendoures therein, being thereof lawfully convicted and attainted according to the lawes of this realm, shall [F3be liable to imprisonment for life]F3 , and other penalties, forfeituures and losses, as in cases of high treason, by the lawes of this realm.

Textual Amendments

F3 Words in Section XII substituted (30.9.1998) by 1998 c. 37, s. 36(2)(b); S.I. 1998/2327, art. 2(1)(g)

Modifications etc. (not altering text)

C1 S. 12 repealed as to penalties and punishments by Religious Disabilities Act 1846 (c. 59), s. 1

F4 XIII—XVII.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 S. 13 repealed by Criminal Law Act (Northern Ireland) 1967 (c. 18), s. 15(2), Sch. 2 Pt. I; s. 14 repealed by Statute Law (Repeals) Act 1969 (c. 52), s. 1, Sch. Pt. VIII; s. 15 repealed by Criminal Justice Act 1948 (c. 58), s. 83(3), Sch. 10 Pt. III and Statute Law Revision Act 1953 (c. 5), s. 1, Sch. 2; ss. 16, 17 repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. VIII

XVIII Two witnesses face to face necessary upon any offence within this act.

And no person or persons shall be hereafter endicted or arraigned for any the offences made, ordeyned, revived and adjudged by this act, unlesse there be two sufficient witnesses, or more to testifie and declare the said offences, whereof hee should be indicted or arraingned, and that the said witnesses, or so many of them, as shall bee living and within this realm at the time of the arrainement of such person so indicted, shall be brought forth in person, face to face before the partie so arrained, and there shall testifie and declare what they can say against the partie so arrained, if he required the same.

XIX And upon giving relief, &c. to any offender, two witnesses necessary that the party had notice of the offence.

Provided that if any person or persons shall hereafter happen to give any reliefe, ayd or comfort, or in any wise bee ayding, helping or comforting to the person or persons of any that shall hereafter happen to bee an offendour in any matter or case of premunire or treason revived or made by this act, that then such reliefe, aid or comfort given shall not be judged or taken to be any offence, unlesse there be two sufficient witnesses at the least, that can and will openly testifie and declare, that the person or persons that so gave such reliefe, ayd or comfort, had notice and knowledge of such offence committed and done by the said offender, at the time of such reliefe, ayd or comfort, so to be given or ministered; any thing in this act conteyned, or any other matter or cause to the contrary in any wise notwithstanding.

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