Abolition of High Commission Court Act 1640
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| Act of Parliament | |
.svg) | |
| Long title | An Act for repeal of a branch of a Statute primo Elizabethe concerning Commissioners for causes Ecclesiasticall. |
|---|---|
| Citation | 16 Cha. 1. c. 11 |
| Territorial extent | England and Wales |
| Dates | |
| Royal assent | 5 July 1641[1] |
| Commencement | 3 November 1640[a] |
| Repealed | 1 March 1965 |
| Other legislation | |
| Amends | Act of Supremacy 1558 |
| Amended by | |
| Repealed by | Ecclesiastical Jurisdiction Measure 1963 |
Status: Repealed | |
| Text of statute as originally enacted | |
The act 16 Cha. 1. c. 11,[2] sometimes referred to as the Ecclesiastical Causes Act 1640,[3] the Abolition of High Commission Court Act 1640,[4] the High Commission Abolition Act 1641,[5] the Abolition of the Court of High Commission Act,[6] the High Commission Court Abolition Act,[7] the Act for the Abolition of the High Commission,[1] the Act for the Abolition of the High Commission Court,[8] or the Act for the Abolition of the Court of High Commission,[9] was an Act of the Parliament of England, passed by the Long Parliament. It abolished the Court of High Commission and repealed the clause in the Act of Supremacy 1558 that gave the Court legal authority.[10] Horder said the Act 16 Cha. 1. c. 11 is "important".[11] It is a precursor to the Self-Incrimination Clause which is included in the Fifth Amendment to the United States Constitution.[12]
The whole act, except what concerned the High Commission court or the new erection of some such like court by commission, was repealed by section 2 of the Ecclesiastical Jurisdiction Act 1661 (13 Cha. 2. St. 1. c. 12).[13] The effect of this amendment was to repeal sections 2 and 3 of the Act 16 Cha. 1. c. 11.[14]
The preamble and section 1 were repealed by section 1 of, and the schedule to, the Statute Law Revision Act 1887 (50 & 51 Vict. c. 59). section 1 was repealed because it was spent.[15]
The words of commencement in section 4 of the act were repealed by section 1 of, and the first schedule to, the Statute Law Revision Act 1948 (11 & 12 Geo. 6. c. 62). The effect of this amendment was to repeal part of section 4 of the Act 16 Cha. 1. c. 11.[16]
The whole act was repealed by section 87 of, and the fifth schedule to, the Ecclesiastical Jurisdiction Measure 1963 (No. 1), which came into force on 1 March 1965.[17]