The argument of Master Nicholas Fuller, in the case of Thomas Lad, and Richard Maunsell, his clients Wherein it is plainely proved, that the Ecclesiasticall Commissioners haue no power, by vertue of their commission, to imprison, to put to the Oath ex officio, or to fine any of his Maiesties subiects.
         Fuller, Nicholas, 1543-1620.
      
       
         
           1607
        
      
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             The argument of Master Nicholas Fuller, in the case of Thomas Lad, and Richard Maunsell, his clients Wherein it is plainely proved, that the Ecclesiasticall Commissioners haue no power, by vertue of their commission, to imprison, to put to the Oath ex officio, or to fine any of his Maiesties subiects.
             Fuller, Nicholas, 1543-1620.
          
           [4], 32 p.
           
             Imprinted [at William Jones' secret press],
             [S.l.] :
             1607.
          
           
             Printer identified by STC.
             Running title reads: The argument of Nicholas Fuller.
             With one erratum on pi2v. Variant: with three errata.
             Reproduction of the original in the Henry E. Huntington Library and Art Gallery.
          
        
      
    
     
       
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         eng
      
       
         
           Mansell, Richard, 17th cent.
           Lad, Thomas.
           England and Wales. -- Ecclesiastical Commissioners -- Controversial literature.
        
      
    
     
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           THE
           ARGVMENT
           OF
           MASTER
           
             NICHOLAS
             FVLLER
          
           ,
           IN
           THE
           CASE
           OF
           
             THOMAS
             LAD
          
           ,
           AND
           
             RICHARD
             MAVNsell
          
           ,
           his
           Clients
           .
           Wherein
           it
           is
           plainely
           proved
           ,
           that
           the
           
             Ecclesiasticall
             Commissioners
          
           haue
           no
           power
           ,
           by
           vertue
           of
           their
           Commission
           ,
           to
           Imprison
           ,
           to
           put
           to
           the
           Oath
           
             Ex
             Officio
          
           ,
           or
           to
           fine
           any
           of
           his
           Maiesties
           Subiects
           .
        
         
           
             Psal
             .
             2.10
             .
          
           
             Be
             wise
             now
             therefore
             ye
             Kings
             :
             be
             learned
             ye
             Iudges
             of
             the
             earth
             .
          
           
             2.
             
             Chron.
             19.6
             .
          
           
             Take
             heede
             what
             ye
             doe
             :
             for
             ye
             execute
             not
             the
             iudgments
             of
             man
             ,
             but
             of
             the
             Lord
             ;
             and
             he
             will
             be
             with
             you
             ,
             in
             the
             cause
             and
             iudgment
             .
          
           
             Prov.
             24.11.12
             .
          
           
             Deliver
             them
             that
             are
             drawne
             to
             death
             :
             and
             wilt
             thou
             not
             preserue
             them
             that
             are
             led
             to
             be
             slayne
             ?
          
           
             If
             thou
             say
             ,
             Behold
             ,
             we
             knew
             not
             of
             it
             :
             he
             that
             pondereth
             the
             heartes
             ,
             doth
             not
             he
             understand
             it
             ?
             and
             he
             that
             keepeth
             thy
             soule
             ,
             knoweth
             he
             it
             not
             ?
             will
             not
             he
             also
             recompense
             every
             man
             according
             to
             his
             workes
             .
          
        
         
           Imprinted
           .
           1607.
           
        
      
       
         
         
           THE
           PRINTER
           TO
           THE
           READER
           .
        
         
           CHristian
           Reader
           ,
           there
           came
           to
           my
           hands
           ,
           by
           the
           good
           providence
           of
           God
           ,
           this
           Argument
           of
           
             M.
             Fullers
          
           ,
           accompanied
           with
           some
           few
           lines
           ,
           wherin
           ,
           as
           it
           should
           seeme
           ,
           it
           was
           sent
           inclosed
           to
           a
           Gentleman
           of
           good
           worth
           and
           worship
           on
           this
           side
           the
           Seaes
           .
           Having
           read
           it
           over
           ,
           &
           perceiving
           it
           to
           be
           of
           very
           necessarie
           use
           for
           my
           Countrimen
           (
           whose
           good
           I
           desire
           from
           my
           heart
           ,
           and
           whose
           welfare
           I
           take
           my selfe
           bound
           to
           procure
           ,
           as
           I
           may
           ,
           though
           now
           I
           be
           in
           a
           part
           farre
           remote
           from
           them
           )
           I
           haue
           adventured
           to
           publish
           it
           to
           the
           view
           of
           the
           world
           :
           the
           rather
           ,
           because
           therein
           both
           the
           uniust
           usurpation
           of
           the
           Prelates
           over
           his
           Maiesties
           Subiects
           is
           notably
           discovered
           ,
           and
           the
           lawes
           and
           liberties
           of
           the
           land
           (
           
             the
             high
             Inheritance
             of
             the
             subjects
          
           )
           are
           worthily
           stood
           for
           and
           maintained
           ,
           maugre
           the
           malice
           of
           the
           Prelates
           ;
           who
           ,
           as
           I
           heare
           studie
           ,
           and
           striue
           ,
           even
           with
           might
           and
           maine
           ,
           to
           beare
           downe
           all
           before
           them
           ,
           to
           the
           ruine
           of
           that
           
             sometime-flourishing
             Church
             and
             Common-wealth
          
           .
           How
           the
           publishing
           of
           it
           wil
           be
           liked
           I
           cannot
           tell
           ;
           how
           ever
           ,
           I
           send
           it
           abroad
           to
           thy
           view
           even
           as
           it
           came
           to
           my
           handes
           :
           which
           I
           doe
           (
           I
           professe
           in
           the
           presence
           of
           that
           great
           God
           )
           altogither
           without
           the
           privitie
           either
           of
           the
           Gentleman
           himselfe
           (
           whose
           bandes
           I
           would
           be
           loth
           any
           maner
           of
           way
           to
           increase
           )
           or
           of
           the
           
             silenced
             Ministers
          
           ,
           who
           haue
           felt
           the
           weight
           of
           these
           lawles
           proceedings
           too
           too
           long
           in
           the
           handes
           of
           the
           Prelates
           .
           Reade
           it
           ,
           and
           consider
           well
           of
           it
           :
           and
           if
           thou
           reape
           any
           benefite
           by
           it
           ,
           giue
           all
           the
           glorie
           to
           God
           alone
           ;
           who
           can
           ,
           if
           it
           seeme
           so
           good
           unto
           him
           ,
           by
           weake
           meanes
           bring
           great
           matters
           to
           passe
           .
           Farewell
           .
        
      
       
         
         
           To
           my
           worshipfull
           frend
           .
           W.W.
           
        
         
           WOrshipfull
           Sir
           ,
           I
           send
           you
           here-inclosed
           the
           thing
           which
           you
           sent
           for
           so
           long
           since
           .
           What
           the
           drift
           of
           it
           is
           I
           understand
           in
           part
           ,
           as
           having
           read
           it
           over
           .
           How
           well
           it
           is
           performed
           ,
           I
           am
           not
           able
           to
           iudge
           ,
           because
           it
           is
           out
           of
           my
           Element
           .
           The
           Gentleman
           arguing
           the
           Case
           is
           knowne
           to
           many
           ,
           but
           diversly
           both
           thought
           and
           reported
           of
           ,
           upon
           occasion
           of
           his
           present
           troubles
           .
           His
           per●on
           and
           cause
           I
           leaue
           to
           them
           ,
           to
           whom
           it
           belongeth
           iustly
           to
           determine
           of
           such
           great
           matters
           .
           But
           touching
           the
           poynt
           it selfe
           ,
           I
           hope
           that
           as
           you
           (
           out
           of
           the
           depth
           of
           your
           iudgment
           &
           great
           experience
           )
           are
           able
           to
           speake
           much
           ,
           both
           for
           the
           matter
           and
           manner
           of
           it
           ,
           so
           you
           will
           not
           be
           unwilling
           to
           declare
           your
           minde
           ,
           as
           occasion
           shal
           be
           offered
           ,
           either
           in
           the
           like
           or
           dislike
           of
           it
           .
           And
           so
           having
           no
           more
           at
           this
           time
           to
           trouble
           your
           Worship
           withall
           ,
           but
           patiently
           waiting
           for
           your
           opinion
           herein
           (
           if
           you
           so
           thinke
           it
           good
           )
           and
           wishing
           alwayes
           all
           maner
           of
           good
           unto
           you
           ,
           I
           humblie
           take
           my
           leaue
           .
        
      
       
         
           Gentle
           Reader
           ,
           because
           the
           French
           (
           quoted
           in
           this
           Argument
           )
           is
           somewhat
           mis-printed
           ,
           and
           the
           Latine
           (
           though
           it
           be
           not
           much
           )
           may
           yet
           notwithstanding
           stumble
           the
           simple
           and
           such
           as
           be
           unlearned
           :
           I
           haue
           thought
           it
           not
           amisse
           to
           english
           both
           the
           one
           and
           the
           other
           ;
           referring
           thee
           every
           where
           to
           the
           page
           ,
           and
           line
           ,
           where
           either
           of
           them
           is
           .
        
         
           
             Pag.
             5.
             line
             9.
          
           
           Because
           the
           Kings
           power
           ought
           not
           to
           be
           wanting
           to
           holy
           Church
           .
        
         
           
             Ibid.
             line
             .
             19.
          
           but
           by
           the
           lawful
           iudgment
           of
           his
           Peeres
           ,
           or
           the
           law
           of
           the
           land
           .
        
         
           
             Pag.
             7.
             line
             7.
          
           as
           before
           ,
           pag
           5.
           line
           9.
           
        
         
           
             ibidem
             line
             27.
             &c.
          
           
           Supplication
           is
           made
           to
           the
           most
           excellent
           and
           gratious
           Prince
           ,
           our
           Lord
           the
           King
           ,
           on
           the
           behalfe
           of
           your
           humble
           Orators
           ,
           the
           Prelats
           and
           Clergie
           of
           your
           kingdome
           of
           England
           ,
           that
           whereas
           the
           Catholike
           faith
           founded
           upon
           Christ
           ,
           and
           by
           his
           Apostles
           ,
           and
           Church
           &c.
           
        
         
           Which
           petitions
           of
           the
           Prelates
           &
           Clergie
           before
           expressed
           ,
           our
           Lord
           the
           King
           ,
           with
           the
           consent
           of
           his
           Nobles
           and
           other
           Peeres
           of
           his
           Realme
           assembled
           in
           present
           Parliament
           ,
           hath
           graunted
           :
           and
           in
           every
           of
           them
           according
           to
           the
           forme
           &c.
           
        
         
         
           
             Pag.
             8.
             line
             8.
          
           
           Also
           the
           Commons
           pray
           ,
           that
           sith
           it
           is
           conteyned
           in
           the
           great
           Charter
           ,
           that
           none
           should
           be
           arrested
           ,
           or
           imprisoned
           ,
           without
           answer
           ,
           or
           due
           processe
           of
           law
           ,
           which
           Charter
           is
           confirmed
           in
           every
           Parliament
           ,
           &c.
           
           And
           besides
           they
           intreat
           ,
           that
           if
           any
           be
           arrested
           or
           imprisoned
           contrary
           to
           the
           forme
           of
           the
           Charter
           aforesayd
           ,
           that
           he
           may
           come
           and
           appeare
           to
           his
           answer
           ,
           and
           take
           his
           iudgment
           ,
           even
           as
           the
           law
           requireth
           :
           also
           that
           no
           such
           Arrest
           or
           Imprisonment
           may
           be
           drawne
           into
           custome
           ,
           to
           the
           destruction
           of
           the
           law
           of
           the
           King.
           
        
         
           
             Ibidem
             ,
             line
             16.
          
           
           Let
           the
           Statutes
           ,
           and
           the
           common
           law
           be
           kept
           .
        
         
           
             Ibid.
             line
             20.
             &c.
          
           
           Also
           the
           commons
           beseech
           ,
           that
           whereas
           a
           statute
           was
           made
           in
           the
           last
           Parliament
           ,
           in
           these
           words
           ,
           It
           is
           ordeined
           in
           this
           Parliament
           ,
           that
           the
           Kings
           Commissions
           be
           directed
           to
           the
           Sheriffes
           ,
           and
           other
           officers
           of
           the
           King
           ,
           or
           to
           other
           sufficient
           persons
           ,
           after
           and
           according
           as
           the
           certificates
           of
           the
           Prelates
           were
           wont
           to
           be
           in
           the
           Chauncery
           ,
           from
           time
           to
           time
           and
           that
           such
           preachers
           ,
           their
           favourers
           ,
           abettours
           &c.
           
        
         
           Which
           was
           never
           assented
           unto
           ,
           nor
           graunted
           by
           the
           commons
           ,
           but
           that
           which
           was
           done
           therein
           was
           done
           without
           their
           assent
           ,
           and
           so
           the
           statute
           is
           of
           no
           force
           .
           For
           it
           was
           never
           their
           meaning
           to
           iustifie
           it
           ,
           nor
           to
           binde
           themselues
           ,
           nor
           their
           successors
           ,
           to
           the
           Prelates
           any
           more
           then
           their
           Auncestors
           had
           done
           in
           times
           past
           .
        
         
           It
           pleaseth
           the
           King.
           
        
         
           
             Pag.
             10.
             line
             31.
          
           
           Because
           no
           man
           is
           bound
           to
           betray
           himselfe
           .
        
         
           
             Pag.
             11.
             line
             9.
          
           
           An
           Oath
           in
           a
           mans
           owne
           cause
           is
           the
           devise
           of
           the
           Devill
           ,
           to
           throw
           the
           soules
           of
           poore
           men
           into
           Hell.
           
        
         
           
             Pag.
             12.
             line
             .
             19.
          
           
           Nature
           is
           a
           preserver
           of
           it selfe
           .
        
         
           
             Ibidem
             line
             .
             27.
          
           
           Without
           a
           certaine
           Author
           of
           the
           Bill
           exhibited
           no
           accusations
           ought
           to
           haue
           place
           ,
           for
           it
           is
           both
           a
           thing
           of
           very
           evill
           example
           ,
           and
           not
           the
           manner
           of
           these
           times
           .
        
         
           
             Pag.
             14.
             line
             .
             26.
             &c.
          
           The
           King
           can
           doe
           nothing
           upon
           earth
           (
           seeing
           he
           is
           the
           servant
           and
           lieuetenant
           of
           God
           )
           but
           that
           which
           he
           may
           lawfully
           doe
           :
           because
           that
           power
           belongeth
           onely
           to
           God
           ,
           but
           the
           power
           of
           doing
           wrong
           belongeth
           to
           the
           Devill
           ,
           and
           not
           to
           God
           ,
           and
           the
           workes
           of
           which
           so
           ever
           of
           these
           the
           King
           shall
           doe
           ,
           his
           servant
           he
           is
           .
        
         
           
             Pag.
             15.
             line
             .
             12.
          
           condemned
           for
           what
           cause
           so
           ever
           .
        
         
           
             Pag.
             18.
             line
             .
             2.
          
           
           We
           will
           not
           haue
           the
           lawes
           of
           England
           to
           be
           changed
           .
        
         
           Gentle
           Reader
           ,
           in
           pag.
           29.
           line
           21.
           there
           is
           gone
           purused
           ,
           for
           pursued
           ,
           the
           which
           I
           pray
           thee
           to
           amend
           .
        
      
    
     
       
         
         
           THE
           ARGVMENT
           OF
           MASTER
           NICHOLAS
           FVLLER
           ,
           IN
           THE
           CASE
           OF
           THOmas
           Lad
           ,
           and
           
             Richard
             Maunsell
          
           ,
           his
           clients
           .
           Wherein
           it
           is
           plainely
           proved
           ,
           that
           the
           Ecclesiasticall
           Commisioners
           haue
           no
           power
           ,
           by
           vertue
           of
           their
           Commission
           ,
           to
           Imprison
           ,
           to
           put
           to
           the
           oth
           
             Ex
             Officio
          
           ,
           or
           to
           fine
           any
           of
           his
           Maiesties
           Subiects
           .
        
         
           
             THE
             CASE
             .
          
           
             
               THomas
               Lad
            
             ,
             a
             marchant
             of
             Yarmouth
             ,
             in
             Norfolke
             ,
             was
             brought
             before
             the
             Chauncellor
             of
             Norwich
             ,
             for
             a
             supposed
             Conventicle
             ;
             because
             that
             he
             ,
             on
             the
             Sabbath
             dayes
             after
             the
             Sermons
             ended
             ,
             sojourning
             in
             the
             house
             of
             
               M.
               Iackler
            
             in
             Yarmouth
             ,
             who
             was
             late
             Preacher
             of
             Yarmouth
             ,
             joyned
             with
             him
             in
             repeating
             of
             the
             substance
             and
             heads
             of
             the
             sermons
             that
             day
             made
             in
             the
             Church
             ,
             at
             which
             
               Thomas
               Lad
            
             was
             usually
             present
             :
             and
             was
             forced
             upon
             his
             oath
             to
             answer
             certaine
             articles
             touching
             that
             meeting
             ,
             which
             he
             could
             not
             see
             untill
             he
             was
             sworne
             ;
             and
             having
             answered
             vpon
             his
             oath
             twice
             before
             the
             Chauncelor
             there
             ,
             he
             was
             brought
             to
             Lambeth
             before
             the
             
               Ecclesiasticall
               Commissioners
            
             ,
             to
             make
             a
             further
             answer
             ,
             upon
             a
             newe
             oath
             ,
             touching
             the
             supposed
             Conventicle
             :
             which
             he
             refused
             to
             doe
             ,
             without
             sight
             of
             his
             former
             answers
             (
             because
             he
             was
             charged
             with
             perjury
             )
             and
             therefore
             was
             imprisoned
             by
             the
             Commissioners
             a
             long
             time
             ,
             &
             could
             not
             be
             bayled
             ;
             whereupon
             the
             writt
             of
             
               Habeas
               Corpus
            
             was
             granted
             out
             of
             the
             
               Kings
               bench
            
             ,
             to
             bring
             the
             prisoner
             to
             the
             Barr.
             
          
           
           
             
               Richard
               Maunsell
            
             ,
             the
             other
             prisoner
             ,
             being
             a
             Preacher
             ,
             was
             charged
             to
             haue
             been
             a
             partaker
             in
             a
             Petition
             exhibited
             to
             the
             Nether
             house
             of
             the
             Parliament
             :
             and
             for
             refusing
             to
             take
             the
             
               Oth
               ex
               officio
            
             ,
             to
             answer
             to
             certayne
             articles
             ,
             which
             he
             could
             not
             be
             permitted
             to
             see
             ,
             he
             was
             imprisoned
             by
             the
             Cōmissioners
             at
             Lambeth
             ,
             where
             he
             remayned
             very
             long
             ,
             and
             could
             not
             be
             bayled
             ,
             and
             was
             brought
             to
             the
             barr
             ,
             upon
             the
             writt
             of
             
               habeas
               Corpus
            
             .
          
           
             These
             imprisonments
             of
             
               Thomas
               Lad
            
             ,
             and
             
               Richard
               Maunsell
            
             by
             the
             Cōmissioners
             ,
             for
             the
             supposed
             contempts
             aforesayd
             ,
             were
             unlawfull
             (
             as
             the
             said
             
               Nicholas
               Fuller
            
             said
             )
             and
             therefore
             he
             sayd
             that
             the
             prisoners
             ought
             to
             be
             discharged
             ;
             And
             ,
             before
             he
             began
             his
             Argument
             ,
             he
             the
             sayd
             
               Nicholas
               Fuller
            
             did
             confesse
             ,
             that
             it
             was
             a
             blessed
             thing
             ,
             in
             all
             kingdomes
             ,
             to
             haue
             the
             Church
             ,
             and
             
               Common
               wealth
            
             to
             agree
             together
             as
             
               Hippocrates
               twinnes
            
             :
             And
             the
             meanes
             to
             continue
             a
             perfect
             agreement
             betweene
             them
             was
             (
             as
             he
             sayd
             )
             to
             giue
             to
             Caesar
             that
             which
             is
             Caesars
             ,
             and
             to
             God
             that
             which
             is
             Gods.
             Which
             right
             distribution
             of
             the
             Iurisdiction
             of
             the
             Church
             in
             England
             ,
             and
             Iurisdiction
             of
             the
             Common
             lawes
             in
             England
             ,
             sett
             forth
             and
             proved
             upon
             good
             groundes
             of
             the
             auncient
             lawes
             and
             statutes
             of
             the
             Realme
             ,
             would
             (
             as
             he
             thought
             )
             cōtinue
             a
             peace
             between
             the
             Church
             and
             Common
             wealth
             of
             England
             for
             ever
             ;
             which
             he
             desired
             from
             his
             heart
             ,
             and
             it
             was
             his
             labour
             to
             effect
             by
             this
             his
             Argument
             .
             Wherin
             ,
             for
             the
             better
             understanding
             of
             his
             purpose
             and
             drift
             of
             his
             Argument
             ,
             he
             did
             devide
             the
             same
             into
             5.
             partes
             .
          
           
             1
             And
             (
             first
             because
             the
             
               Ecclesiasticall
               Cōmission
            
             is
             groūded
             upon
             the
             Statute
             of
             Anno
             1.
             
             
               Eliz.
               cap.
            
             1.
             the
             title
             and
             intent
             of
             which
             statute
             is
             ,
             
               the
               restoring
               to
               the
               Crowne
               the
               
               auncient
               Iurisdiction
               over
               the
               Ecclisiasticall
               &
               spirituall
               office
               ,
               and
               the
               abolishing
               of
               all
               forreyne
               Iurisdiction
               repugnant
               to
               the
               same
            
             )
             he
             declared
             what
             that
             auncient
             spirituall
             Iurisdiction
             was
             ,
             which
             was
             ment
             in
             that
             Act
             to
             be
             restored
             ,
             and
             by
             the
             Cōmissioners
             to
             be
             executed
             ;
             and
             therein
             he
             proved
             ,
             that
             the
             power
             to
             imprison
             subjects
             ,
             to
             fine
             them
             ,
             or
             to
             force
             them
             to
             accuse
             themselues
             upon
             their
             owne
             enforced
             oathes
             ,
             there
             being
             no
             accuser
             knowne
             ,
             was
             no
             parte
             of
             the
             auncient
             Ecclesiasticall
             jurisdiction
             ,
             nor
             used
             in
             England
             by
             any
             spirituall
             Iurisdiction
             ,
             before
             the
             Statute
             of
             2.
             
             
               Hen.
               4.
               cap.
               15.
            
             which
             was
             procured
             by
             the
             
               Popish
               Prelats
            
          
           
             2
             That
             the
             Statute
             of
             2.
             
             
               Hen.
               4.
               cap.
               15.
            
             which
             first
             gaue
             
             authority
             to
             the
             Bishopps
             to
             imprison
             subjects
             ,
             fine
             thē
             ,
             and
             force
             them
             to
             accuse
             themselues
             ,
             was
             procured
             by
             the
             
               Popish
               Prelates
            
             in
             the
             time
             of
             darknes
             (
             if
             not
             without
             a
             full
             consent
             of
             the
             Cōmons
             ,
             yet
             to
             their
             great
             mislike
             )
             and
             that
             the
             sayd
             Statute
             ,
             and
             every
             thing
             in
             the
             same
             conteyned
             ,
             is
             revoked
             ,
             as
             being
             against
             the
             rule
             of
             equitie
             and
             common
             justice
             ,
             and
             against
             the
             lawes
             of
             the
             lād
             ,
             and
             very
             hatefull
             to
             all
             the
             subjectes
             of
             the
             Realme
             :
             and
             in
             that
             2.
             parte
             he
             proved
             ,
             according
             to
             the
             words
             of
             the
             statute
             ,
             that
             the
             
               Oath
               ex
               officio
            
             was
             against
             the
             law
             of
             England
             ,
             and
             against
             the
             rule
             of
             equitie
             and
             Iustice
             .
          
           
             3
             That
             the
             lawes
             of
             England
             are
             the
             high
             inheritance
             
             of
             the
             Realme
             ,
             by
             which
             both
             the
             King
             and
             the
             subjects
             are
             directed
             ;
             And
             that
             such
             grants
             ,
             Charters
             ,
             and
             Commissions
             ,
             as
             tend
             to
             charge
             the
             body
             ,
             lands
             ,
             or
             goods
             of
             the
             subjects
             ,
             otherwise
             then
             according
             to
             the
             due
             course
             of
             the
             lawes
             of
             the
             Realme
             ,
             are
             not
             lawfull
             ,
             or
             of
             force
             ,
             unles
             the
             same
             Charters
             and
             Commissions
             ,
             doe
             receaue
             life
             and
             strength
             ,
             from
             some
             
               Act
               of
               Parliament
            
             .
          
           
           
             
             4
             That
             ,
             in
             this
             Commission
             Ecclesiasticall
             ,
             there
             are
             some
             thinges
             tending
             to
             charge
             the
             body
             ,
             lands
             ,
             &
             goods
             of
             the
             subjects
             ,
             otherwise
             then
             according
             to
             the
             course
             of
             the
             lawes
             of
             the
             Realme
             ;
             and
             especially
             in
             imprisoning
             them
             ,
             fyning
             them
             ,
             and
             forcing
             thē
             to
             accuse
             themselues
             (
             upon
             their
             owne
             oath
             )
             without
             any
             accuser
             .
          
           
             5.
             
             That
             the
             
               Act
               of
               Parliament
            
             of
             Anno.
             1.
             
             
               Elizab.
               cap.
               1.
            
             
             whereupon
             the
             Ecclesiasticall
             Commission
             is
             founded
             .
             doth
             not
             giue
             life
             or
             strength
             to
             such
             partes
             of
             the
             Commission
             ,
             as
             concerne
             imprisonment
             of
             subjectes
             ,
             fyning
             them
             ,
             or
             forcing
             them
             to
             accuse
             themselues
             ;
             but
             doth
             make
             voyd
             and
             abolish
             the
             same
             ,
             as
             repugnant
             to
             the
             ancient
             Ecclesiastical
             jurisdiction
             which
             by
             the
             Statute
             was
             to
             be
             restored
             .
             And
             so
             he
             sayd
             that
             the
             imprisonment
             of
             his
             clients
             was
             unlawfull
             &
             the
             proceeding
             of
             the
             Commissioners
             ,
             upon
             the
             
               Oath
               ex
               officio
            
             ,
             without
             an
             accuser
             ,
             not
             warranted
             by
             law
             ,
             but
             erroneous
             and
             voyd
             .
          
           
             Touching
             the
             first
             parte
             of
             the
             division
             ,
             which
             was
             to
             proue
             ,
             that
             ,
             before
             the
             statute
             of
             
               2.
               
               Hen.
            
             4.
             
               cap.
               15.
            
             the
             Ordinaries
             had
             no
             power
             to
             imprison
             the
             subjects
             ,
             or
             to
             fine
             them
             ,
             it
             appeareth
             both
             by
             the
             preamble
             of
             that
             Statute
             ,
             where
             it
             is
             declared
             ,
             that
             ,
             before
             that
             time
             ,
             they
             could
             not
             by
             their
             spirituall
             Iurisdiction
             ,
             without
             ayd
             of
             the
             Royal
             Majestie
             ,
             sufficiently
             correct
             perverse
             people
             ,
             who
             did
             contemne
             their
             spirituall
             jurisdiction
             and
             Keyes
             of
             the
             Church
             (
             which
             was
             ,
             at
             the
             uttermost
             ,
             to
             locke
             them
             out
             of
             the
             Church
             by
             Excomunication
             )
             and
             also
             by
             the
             booke
             case
             of
             
               10.
               
               Hen.
            
             7.
             arguing
             upon
             that
             poynt
             of
             the
             same
             statute
             ,
             where
             it
             is
             set
             forth
             ,
             that
             the
             Ordinaries
             ,
             before
             the
             Statute
             of
             
               2.
               
               Hen.
               4.
            
             had
             no
             power
             to
             imprison
             subiects
             ,
             but
             the
             Keyes
             of
             the
             Church
             :
             and
             the
             like
             is
             also
             confessed
             by
             the
             Statute
             of
             1.
             and
             2.
             of
             Philip
             and
             Mary
             .
             
             which
             was
             made
             after
             the
             former
             Statute
             of
             
               2.
               
               Hen.
               4.
            
             was
             revoked
             by
             25.
             
             
               Hen.
               8.
               cap.
               14
            
             which
             doe
             shew
             as
             much
             ,
             viz.
             that
             the
             Ordinaries
             had
             no
             power
             but
             the
             Keyes
             .
          
           
             And
             by
             the
             Common
             law
             it
             is
             apparant
             ,
             that
             when
             the
             Ordinary
             or
             Ecclesiasticall
             Judge
             had
             proceeded
             so
             farr
             as
             they
             could
             ,
             by
             Excomunicating
             the
             offendor
             to
             locke
             him
             out
             of
             the
             Church
             ,
             then
             the
             Cōmon
             law
             ,
             upon
             significavit
             ,
             did
             assist
             them
             by
             the
             writt
             of
             
               Excōmunicato
               Capiendo
               :
               Quia
               potestas
               reg●●
               sacro
               sanctae
               Ecclesiae
               d●●sse
               non
               debet
               ,
            
             as
             is
             sayd
             in
             the
             Register
             .
             But
             in
             this
             case
             the
             Comō
             law
             still
             reteyned
             power
             to
             discharge
             the
             subjectes
             so
             imprisoned
             (
             upon
             an
             
               Excōmunicato
               capiendo
            
             )
             without
             assent
             of
             the
             Ordinary
             ,
             
             both
             by
             the
             writt
             of
             
               Cautione
               admittenda
            
             ,
             and
             by
             the
             writt
             of
             
               scire
               facias
            
             ,
             upon
             an
             appeale
             ;
             where
             a
             supersedeas
             was
             usually
             awarded
             ,
             to
             discharge
             the
             person
             imprisoned
             ,
             against
             the
             will
             of
             the
             Ordinary
             .
             For
             the
             lawes
             of
             England
             did
             so
             much
             regard
             and
             preserue
             the
             liberty
             of
             the
             subjects
             ,
             as
             that
             none
             should
             be
             imprisoned
             ,
             
               nisi
               per
               legale
               iudicium
               parium
               suorum
               aut
               legem
               terrae
               ,
            
             as
             it
             is
             sayd
             in
             
               Magna
               Charta
               cap.
               29.
            
             which
             Charter
             ,
             
             by
             divers
             other
             statutes
             after
             ,
             is
             confirmed
             ,
             with
             such
             strong
             inforcements
             in
             some
             of
             them
             ,
             as
             to
             make
             voyd
             such
             statutes
             ,
             as
             should
             be
             contrary
             to
             
               Magna
               Charta
            
             .
          
           
             And
             ,
             in
             the
             15.
             
             
               Ed.
               3.
            
             the
             first
             article
             of
             the
             Commons
             Petition
             in
             Parliament
             ,
             was
             ,
             
             that
             the
             great
             Charter
             may
             in
             all
             poynts
             be
             observed
             ,
             so
             as
             such
             persons
             as
             are
             neither
             appealed
             ,
             Indited
             ,
             nor
             followed
             at
             the
             sute
             of
             the
             party
             ,
             and
             haue
             their
             goodes
             ,
             landes
             ,
             or
             possessions
             taken
             away
             ,
             may
             be
             restored
             thereunto
             agayne
             .
          
           
             
               Whereunto
               the
               King
               answered
               thus
            
             .
          
           
             The
             King
             granteth
             for
             him
             &
             his
             heires
             that
             if
             any
             person
             cōmit
             an
             act
             against
             the
             forme
             of
             the
             great
             Charter
             ,
             
             
             or
             any
             other
             good
             lawe
             ,
             and
             he
             shall
             answer
             in
             Parliamēt
             or
             else
             where
             ;
             he
             ought
             to
             answer
             according
             to
             law
             .
             And
             therfore
             if
             any
             free
             subject
             were
             wrongfully
             imprisoned
             ,
             the
             Common
             law
             did
             not
             leaue
             him
             to
             an
             action
             of
             false
             imprisonment
             onely
             ,
             but
             provided
             the
             writt
             
               De
               homine
               replegiando
            
             ,
             
             to
             set
             him
             free
             of
             his
             imprisonment
             ,
             vnles
             he
             were
             imprisoned
             for
             such
             particular
             cause
             ,
             as
             is
             expressed
             in
             the
             same
             writt
             
               de
               homine
               replegiando
            
             :
             which
             writt
             is
             part
             of
             the
             subjectes
             inheritance
             ,
             and
             should
             not
             be
             denyed
             them
             .
             And
             this
             freedome
             of
             the
             subjectes
             did
             make
             Markham
             the
             Iudge
             ,
             in
             the
             
               4.
               
               Hen.
               7.
               tit
               :
               prerog
               .
               139.
               
               Brook
               :
            
             declare
             that
             the
             King
             could
             not
             arrest
             a
             subject
             upon
             suspicion
             of
             felony
             ,
             as
             a
             common
             person
             might
             doe
             ;
             because
             that
             against
             the
             one
             an
             action
             of
             false
             imprisonment
             would
             lye
             ,
             but
             not
             against
             the
             King
             (
             
               for
               the
               subiects
               liberty
               must
               be
               preserved
            
             )
             and
             by
             the
             Statute
             of
             
               Win
               :
               1.
               cap.
               15.
            
             whosoever
             shall
             deteyne
             subjects
             in
             prison
             ,
             who
             are
             bayleable
             by
             law
             ,
             shal
             be
             grievously
             amerced
             .
          
           
             And
             to
             shew
             that
             it
             was
             thought
             an
             unmeete
             thing
             to
             leave
             power
             in
             the
             Ordinaries
             to
             commit
             subjectes
             to
             prison
             ,
             although
             they
             contemned
             their
             decrees
             never
             so
             much
             ,
             appeareth
             partly
             by
             the
             statutes
             of
             
               27.
               
               Hen.
               8.
               ca.
               20.
            
             and
             
               32.
               
               Hen.
               8.
               ca.
               7.
            
             which
             were
             made
             after
             the
             revocation
             of
             the
             former
             statute
             of
             
               2.
               
               Hen.
               4
            
             :
             by
             which
             latter
             statutes
             power
             is
             given
             to
             two
             Iustices
             of
             peace
             ,
             or
             to
             some
             of
             the
             Honorable
             privie
             Counsell
             ,
             uppon
             certificate
             of
             the
             Ordinary
             ,
             to
             commit
             such
             offenders
             to
             prison
             ,
             who
             should
             contemne
             the
             decrees
             of
             the
             Ordinary
             :
             denying
             to
             the
             Ordinary
             ,
             that
             made
             the
             decree
             ,
             that
             he
             should
             haue
             any
             such
             power
             to
             commit
             the
             subjects
             to
             prison
             :
             &
             in
             5.
             
             
               Eliz.
               ca.
               23.
            
             which
             statute
             ,
             not
             allowing
             Excōmunicate
             persons
             to
             be
             imprisoned
             by
             any
             Ecclesiastical
             Iurisdiction
             ,
             limits
             
             by
             very
             speciall
             manner
             ,
             how
             they
             shall
             be
             apprehended
             by
             the
             tēporall
             power
             .
             For
             although
             the
             Bishop
             of
             Rome
             useth
             two
             swordes
             ,
             the
             spirituall
             and
             temporall
             ;
             yet
             the
             common
             lawes
             of
             England
             ,
             and
             the
             Parliament
             in
             divers
             ages
             ,
             thought
             not
             so
             meete
             ,
             for
             the
             Bishopps
             or
             Ecclesiasticall
             Iurisdiction
             in
             England
             to
             use
             two
             swordes
             ,
             but
             according
             to
             the
             Register
             ,
             
               Regia
               potestas
               sacro-sanclae
               Ecclesiae
               d●●sse
               non
               deb●t
               .
            
          
           
             2
             Touching
             the
             second
             part
             (
             wherin
             he
             was
             ,
             to
             proue
             that
             the
             statute
             of
             2.
             
             
               Hen.
               4.
               cap
            
             :
             15
             :
             which
             first
             gaue
             authority
             to
             the
             Ordinaries
             to
             imprison
             subjects
             ,
             or
             to
             set
             fines
             on
             them
             ,
             and
             force
             them
             to
             accuse
             themselues
             upon
             their
             owne
             oathes
             ,
             was
             procured
             by
             the
             Popish
             Prelates
             in
             the
             time
             of
             darknes
             )
             he
             sayd
             that
             the
             very
             Act
             it selfe
             did
             very
             playnely
             shew
             it
             ;
             it
             being
             thus
             ;
             
               And
               where
               it
               is
               shewed
               to
               the
               King
               ,
               on
               the
               behalfe
               of
               the
               Prelates
               and
               Clergie
               of
               England
               etc.
            
             And
             that
             the
             same
             was
             procured
             to
             suppresse
             the
             gospell
             ,
             which
             then
             began
             to
             spring
             or
             revive
             ,
             both
             the
             body
             of
             the
             Act
             ,
             and
             the
             booke
             of
             Acts
             and
             Monuments
             written
             by
             
               M.
               Fox
            
             ,
             and
             other
             Chronicles
             doe
             shew
             it
             playnly
             ;
             for
             that
             those
             persons
             ,
             whom
             they
             tearmed
             heretickes
             ,
             preached
             in
             those
             dayes
             against
             the
             Sacrament
             of
             the
             Church
             ,
             which
             was
             their
             Masse
             .
             And
             that
             the
             sayd
             Statute
             of
             2.
             
             Hen
             :
             4.
             cap.
             15.
             was
             procured
             by
             the
             Prelats
             ,
             with
             out
             assent
             of
             the
             Commons
             ,
             thus
             much
             appeareth
             by
             the
             Records
             of
             the
             Parliament
             ,
             remayning
             in
             the
             Tower.
             
          
           
             
               Excellentissimo
               ac
               gratiosissimo
               Principi
               ,
               Domino
               nostro
               Regi
               ,
            
             
             
               supplicatur
               ,
               ex
               parte
               v●strorū
               humilium
               oratorum
               ,
               prelatorum
               et
               cleri
               regni
               veslr●
               .
               Angliae
               ,
               quod
               cū
               fides
               catholica
               super
               Christū
               sundata
               ,
               et
               per
               Apostolos
               suos
               ,
               et
               Ecclesiam
               etc.
            
             rehearsing
             all
             the
             words
             of
             the
             Act.
             
               Qu●s
               quidem
               petitiones
               prelatorum
               et
               cleri
               superius
               express●tas
               dominus
               u●ster
               Rex
               ,
               de
               cons●nsu
               magnatum
               ,
               
               et
               aliorū
               procerū
               r●gni
               sui
               in
               presenti
               ꝑliamento
               existētiū
               concessit
               ,
               et
               in
               singulis
               iuxta
               forma
               etc
               :
            
             wherin
             the
             Commons
             are
             not
             mentioned
             .
             And
             it
             is
             the
             more
             likely
             that
             the
             Cōmons
             gaue
             no
             assent
             to
             this
             statute
             of
             2.
             
             
               Hen
               :
               4.
            
             both
             for
             that
             in
             the
             Parliament
             rolls
             of
             the
             same
             yeare
             of
             
               2.
               
               Hen.
               4.
            
             in
             the
             Tower
             ,
             there
             is
             to
             be
             seene
             the
             Petition
             of
             the
             Commons
             to
             the
             King
             ,
             thus
             .
          
           
             
               Item
               prient
               les
               comens
               ,
               depuis
               q'uill
               est
               contenu
               en
               la
               grande
               chartre
               ,
            
             
             
               quenul
               sera
               areste
               ne
               enprisone
               sans
               responce
               ,
               ou
               due
               processe
               de
               la
               ley
               ,
               quell
               chartre
               est
               conferme
               en
               charmi
               ꝑlement
               ,
               et
               ore
               ils
               supplient
               ,
               que
               si
               aucun
               soit
               areste
               ou
               enprisone
               encontre
               la
               forme
               d●l
               charte
               avant
               dict
               q̄
               ill
               veigne
               ,
               et
               appierge
               a
               sa
               responce
               ,
               et
               preigne
               son
               Iugement
               ,
               sicome
               le
               ley
               demande
               ,
               anssi
               q̄
               null
               tiel
               areste
               ne
               imprisonement
               soit
               trait
               en̄
               custome
               ,
               en̄
               destruction
               de
               la
               ley
               du
               Roy.
            
             Wherto
             the
             King
             answered
             .
          
           
             
               Soient
               les
               statutes
               eila
               comen
               ley
               tenus
            
             ;
             As
             also
             for
             that
             the
             Prelats
             had
             not
             long
             before
             procured
             an
             other
             act
             against
             the
             Lolards
             ,
             
             in
             Anno
             5.
             
             Rich
             :
             2.
             
               cap
               :
               5.
            
             without
             assent
             of
             the
             Commons
             ;
             as
             appeareth
             by
             the
             Parliament
             Rolles
             ,
             in
             the
             Tower
             ,
             of
             anno
             6.
             
             R.
             2.
             which
             is
             thus
             .
             
               Item
               supplient
               les
               comens
               ,
               q̄
               comē
               vn
               estatute
               suit
               sait
               en
               darrein
               ꝑlement
               ,
               en
               ces
               paroles
               :
               Ordone
               est
               en
               cest
               ꝑlement
               ,
               q̄
               Comissions
               du
               Roy
               soient
               directes
               a
               viscountes
               et
               autres
               ministres
               du
               roy
               ,
               ou
               autres
               suffisantz
               persons
               ,
               apreset
               selon
               que
               les
               certificates
               des
               prelates
               eut
               affaire
               in
               chancellerie
               ,
               du
               temps
               en
               temp̄s
               ,
               touts
               tiels
               precheurs
               c●lour
               fautours
               mamtenours
               .
               etc.
               
            
          
           
             
               La
               quel
               ne
               fuit
               unque
               assente
               ,
               ne
               grante
               ꝑ
               les
               Comens
               ,
               mes
               ce
               q̄
               fuit
               parle
               de
               ce
               ▪
               fuit
               sans
               assent
               de
               lour
               q̄
               celi
               estatue
               soit
               an●a
               ati
               car
               il
               nestoit
               mi
               lour
               entent
               iustisiez
               ne
               obliger
               lour
               ne
               lour
               successorers
               as
               Prelates
               plus
               q̄
               lour
               auncesstres
               nont
               este
               en
               temps
               passez
               .
            
          
           
             Resp
             :
             
               Il
               plest
               au
               R●●
            
             .
          
           
           
             And
             it
             is
             also
             reported
             by
             
               M.
               Fox
            
             in
             the
             sayd
             booke
             of
             Acts
             and
             Monuments
             ,
             that
             the
             same
             Act
             of
             
               2.
               
               Hen.
               4.
               ca.
               1●
               .
            
             was
             procured
             without
             assent
             of
             the
             Commons
             ;
             
             and
             that
             the
             Commons
             did
             greatly
             repyne
             at
             it
             frō
             time
             to
             time
             ,
             many
             godly
             men
             writyng
             against
             it
             ,
             some
             of
             them
             terming
             it
             a
             bloodie
             law
             ,
             and
             a
             cruell
             law
             .
             And
             because
             the
             Prelats
             (
             out
             of
             the
             wordes
             of
             that
             law
             which
             gaue
             them
             power
             to
             imprison
             some
             suspected
             of
             heresie
             ,
             untill
             they
             should
             canonically
             purg
             themselues
             )
             did
             streinedly
             force
             subjectes
             without
             any
             accuser
             to
             accuse
             themselues
             ,
             therfore
             the
             title
             of
             that
             Act
             is
             sett
             downe
             in
             the
             booke
             of
             Acts
             &
             Monuments
             ,
             the
             statute
             
               Ex
               officio
            
             ;
             
             at
             which
             time
             it
             was
             not
             commonly
             used
             to
             giue
             titles
             to
             Acts
             of
             Parliament
             .
          
           
             And
             ,
             to
             shew
             how
             much
             the
             subjectes
             misliked
             that
             kind
             of
             proceeding
             ,
             appeareth
             by
             severall
             Petitions
             of
             the
             subjectes
             to
             the
             Kings
             of
             the
             Realme
             ,
             and
             to
             the
             house
             of
             Parliament
             ,
             by
             the
             statute
             of
             
               25.
               
               Hen.
               8.
               cap.
               14.
            
             by
             which
             statute
             it
             is
             sayd
             ,
             that
             the
             proceeding
             by
             the
             oath
             
               Ex
               officio
            
             ,
             to
             force
             a
             man
             to
             accuse
             himselfe
             ,
             is
             contrary
             to
             the
             rule
             of
             right
             and
             good
             equity
             ,
             and
             contrary
             to
             the
             lawes
             of
             England
             ,
             and
             unreasonable
             that
             ,
             upon
             suspition
             conceaved
             upon
             the
             fantasye
             of
             the
             Ordinaries
             ,
             men
             should
             be
             forced
             to
             answer
             &c.
             
             And
             therefore
             they
             then
             revoked
             ,
             and
             made
             voyd
             the
             statute
             of
             
               2.
               
               Hen.
               4.
               cap
               :
               15.
               
            
          
           
             And
             to
             proue
             ,
             that
             ,
             according
             to
             the
             opinion
             of
             that
             Parliament
             house
             ,
             the
             oath
             
               Ex
               officio
            
             is
             against
             the
             lawes
             of
             England
             both
             Ecclesiasticall
             &
             temporall
             ,
             and
             against
             the
             rule
             of
             Iustice
             and
             good
             equitie
             ,
             he
             sayd
             ,
             that
             by
             the
             lawes
             of
             England
             (
             if
             a
             subject
             had
             been
             cyted
             ,
             by
             the
             Ordinary
             or
             Ecclesiasticall
             Iudge
             ,
             
               pro
               salute
               aīae
            
             ,
             which
             is
             the
             oath
             
               Ex
               officio
            
             ,
             to
             accuse
             himselfe
             )
             a
             Prohibition
             did
             lye
             at
             
             the
             cōmon
             law
             ,
             and
             an
             attachment
             against
             the
             Ordinary
             ,
             if
             he
             did
             proceed
             in
             that
             case
             contrary
             to
             that
             prohibition
             ▪
             as
             appeareth
             in
             Eliz.
             
               H.
               fol.
               42.
            
             and
             the
             statute
             of
             2.
             
             H.
             〈…〉
             made
             soone
             after
             the
             sayd
             statute
             of
             
               2.
               
               Hen.
               4.
            
             (
             giving
             warrant
             to
             graunt
             a
             prohibition
             to
             the
             Ordinary
             for
             default
             of
             a
             libell
             )
             doth
             crosse
             the
             proceeding
             by
             oath
             
               Ex
               offi●i●
            
             ;
             where
             he
             is
             forced
             to
             a
             libell
             ,
             as
             appeareth
             
               4.
               ●d
               .
               4.
               fol.
               3●
               .
            
             and
             
               Fitz.
               H.
               fol.
               43.
            
             etc.
             
          
           
             And
             by
             the
             words
             of
             the
             statute
             of
             
               42.
               
               Edw.
               3.
               cap.
               3.
            
             (
             which
             was
             made
             before
             those
             statutes
             procured
             by
             the
             Prelates
             ,
             when
             Ordinaries
             had
             no
             power
             to
             imprison
             subjectes
             )
             it
             is
             expressed
             ,
             in
             what
             manner
             the
             proceeding
             should
             be
             against
             subjectes
             upon
             accusations
             ,
             thus
             viz.
             It
             is
             assented
             &
             accorded
             ,
             for
             the
             good
             governement
             of
             the
             Commons
             ,
             that
             no
             man
             be
             put
             to
             answer
             ,
             without
             presentment
             before
             Iustices
             ,
             or
             thing
             of
             Record
             ,
             by
             due
             proces
             ,
             and
             writt
             originall
             ,
             according
             to
             the
             ould
             law
             of
             the
             land
             ;
             And
             if
             any
             thing
             be
             done
             from
             henceforth
             to
             the
             contrary
             ;
             it
             shal
             be
             voyd
             in
             law
             &
             holden
             for
             error
             ;
             wherin
             it
             is
             worthy
             the
             nothing
             ,
             that
             it
             is
             sayd
             
               according
               to
               the
               old
               lawes
               of
               England
               .
            
          
           
             And
             to
             proue
             the
             old
             law
             of
             England
             to
             be
             so
             ,
             the
             ordinary
             case
             of
             dayly
             experience
             ,
             touching
             the
             challenge
             of
             Iurors
             ,
             doth
             sufficiently
             declare
             .
             For
             if
             the
             Iuror
             be
             challenged
             for
             kindred
             to
             either
             of
             the
             parties
             ,
             or
             for
             wāt
             of
             freehould
             ,
             the
             Iuror
             shall
             answer
             upon
             his
             oath
             ,
             to
             cleare
             that
             matter
             ;
             because
             it
             toucheth
             not
             the
             Iuror
             in
             losse
             or
             credit
             :
             but
             if
             the
             challenge
             doe
             tend
             to
             touch
             the
             Iuror
             any
             way
             in
             his
             credit
             ,
             or
             his
             losse
             ,
             he
             shal
             not
             be
             forced
             ,
             
             upon
             his
             oath
             ,
             to
             answer
             ,
             although
             his
             answer
             might
             tend
             to
             further
             Iustice
             ;
             
               quia
               nemo
               tenetur
               prodere
               s●ipsum
            
             ,
             as
             is
             ruled
             
               49.
               
               Edw.
               3.
               fol.
               2.
               
            
             And
             the
             case
             of
             
               wager
               of
               law
            
             ,
             
             which
             is
             allowed
             to
             the
             defendant
             in
             no
             criminall
             case
             ,
             which
             might
             bring
             imprisonment
             to
             the
             partie
             by
             the
             course
             of
             the
             common
             law
             as
             in
             trespas
             &c
             :
             but
             onely
             in
             debt
             and
             detinewe
             :
             and
             the
             statute
             of
             
               Magna
               Charta
            
             〈◊〉
             .
             28.
             inacting
             ,
             that
             no
             Bailife
             shall
             put
             a
             man
             to
             his
             open
             law
             ,
             nor
             to
             an
             oath
             ,
             upon
             his
             owne
             bare
             saying
             ,
             without
             faithfull
             witnesses
             brought
             in
             for
             the
             same
             ,
             tōdoth
             to
             like
             effect
             :
             and
             
               S.
               Edward
               Cooke
            
             ,
             in
             his
             argument
             made
             in
             Slades
             Case
             ,
             sayd
             well
             ,
             that
             in
             criminall
             causes
             (
             
               iuramentū
               in
               propria
               causa
               est
               inventio
               diaboli
               ad
               detrudendum
               animas
               miserorum
               in
               infernum
            
             )
             according
             to
             whose
             saying
             it
             appeareth
             ,
             that
             when
             those
             oathes
             were
             used
             by
             the
             parties
             accused
             ,
             by
             the
             border
             lawes
             between
             England
             &
             Scotland
             ,
             those
             oathes
             did
             bring
             no
             furtherance
             to
             the
             truth
             ,
             but
             manifest
             perjury
             every
             day
             ;
             as
             was
             confessed
             by
             all
             that
             knewe
             the
             practise
             there
             :
             and
             therefore
             that
             manner
             of
             triall
             was
             soone
             rejected
             .
          
           
             And
             to
             proue
             it
             against
             Iustice
             and
             good
             equity
             ,
             he
             sayd
             that
             this
             oath
             
               Ex
               officio
            
             ,
             to
             force
             a
             man
             in
             a
             criminall
             cause
             to
             accuse
             himselfe
             ,
             was
             (
             he
             thought
             )
             directly
             against
             the
             rule
             of
             the
             law
             of
             God.
             For
             it
             is
             sayd
             in
             
               Deut.
               cap.
               19.
               15.
            
             that
             one
             witnes
             shall
             not
             arise
             against
             a
             man
             for
             any
             trespas
             ,
             or
             for
             any
             sin
             ,
             or
             for
             any
             fault
             that
             he
             offēdeth
             in
             ;
             but
             at
             the
             mouth
             of
             two
             witnesses
             or
             .3
             .
             witnesses
             shall
             the
             matter
             be
             established
             .
             Which
             rule
             is
             confirmed
             under
             the
             Gospell
             ,
             as
             appeareth
             
               Math
               :
               18.16
               .
               2.
               
               Cor.
               13.1
               .
            
             where
             it
             is
             sayd
             ,
             In
             the
             mouth
             of
             two
             or
             three
             witnesses
             shall
             every
             word
             stand
             ;
             and
             Christ
             sayd
             to
             the
             woman
             accused
             of
             adultery
             ,
             
               where
               be
               thine
               accusers
               ?
               &c.
            
             But
             without
             any
             witnes
             or
             accuser
             to
             establish
             the
             matter
             ,
             upon
             the
             inforced
             oath
             of
             the
             partie
             ,
             hath
             no
             coherence
             with
             the
             rule
             of
             Gods
             law
             ,
             which
             should
             be
             a
             direction
             to
             all
             Christian
             
             Princes
             in
             making
             of
             their
             lawes
             ,
             we
             being
             now
             the
             people
             of
             God
             the
             Iewes
             being
             cut
             of
             ;
             the
             Iudgments
             being
             now
             the
             iudgments
             of
             God
             ,
             and
             not
             of
             men
             alone
             .
          
           
             But
             here
             may
             be
             objected
             ,
             that
             by
             the
             lawes
             of
             England
             one
             witnes
             is
             sufficient
             :
             to
             which
             he
             answered
             ,
             that
             the
             Iurors
             being
             all
             sworne
             to
             trie
             the
             particuler
             matter
             in
             fact
             ,
             wherewith
             the
             party
             defendant
             is
             charged
             ,
             may
             well
             supplie
             the
             want
             of
             one
             witnes
             ,
             being
             12
             persons
             in
             different
             ,
             without
             any
             affinitie
             to
             either
             partie
             ,
             who
             better
             knowe
             the
             witnesses
             then
             the
             Iudge
             ,
             and
             may
             perhaps
             know
             the
             cause
             in
             question
             ,
             aswell
             as
             the
             witnes
             :
             which
             kinde
             of
             triall
             is
             so
             behouefull
             for
             the
             subjectes
             ,
             as
             it
             may
             prevent
             much
             wrong
             and
             oppression
             from
             high
             authoritie
             ,
             if
             the
             Iurors
             be
             iust
             &
             faithfull
             persons
             ,
             as
             they
             ought
             to
             be
             ;
             and
             their
             verdit
             also
             may
             be
             redressed
             by
             attaint
             ,
             if
             they
             should
             doe
             wrong
             therein
             :
             which
             writts
             of
             attaint
             ,
             and
             error
             ,
             are
             parte
             of
             the
             subjectes
             inheritance
             .
          
           
             Also
             this
             oath
             
               Ex
               officio
            
             hath
             no
             coherence
             with
             the
             law
             of
             nature
             .
             For
             ,
             as
             Aristotle
             saith
             ,
             
               natura
               est
               conservatrix
               sui
            
             ,
             as
             is
             sayd
             in
             
               40.
               
               Edw
               ,
               3.
               fol.
               2
               :
            
             but
             this
             tendeth
             to
             a
             mans
             owne
             overthrowe
             ;
             &
             it
             hath
             no
             coherence
             with
             the
             lawes
             of
             Nations
             ,
             as
             he
             gathered
             by
             the
             writing
             of
             Traiane
             the
             Emperour
             ,
             being
             a
             very
             wise
             &
             just
             man
             ;
             who
             writing
             to
             Plinie
             the
             second
             ,
             his
             lievetenant
             of
             some
             Provinces
             in
             
               Asia
               minor
            
             ,
             for
             direction
             in
             his
             governement
             ,
             against
             those
             ,
             who
             at
             that
             time
             were
             opposite
             to
             his
             religion
             ,
             saith
             thus
             
               (
               Sine
               authore
               certo
               propositi
               libelli
               nulli
               crimini
               locū
               habere
               debent
               ;
               nam
               et
               pes●imi
               exempli
               ,
               nec
               nostri
               seculi
               est
            
             )
             According
             to
             which
             direction
             ,
             Felix
             the
             governer
             of
             the
             Iewes
             under
             the
             Emperor
             ,
             
             when
             Paul
             the
             Apostle
             was
             brought
             before
             him
             ,
             sayd
             to
             Paul
             ;
             that
             he
             would
             heare
             him
             ,
             when
             his
             accusers
             were
             come
             ;
             holding
             it
             as
             unjust
             ,
             without
             an
             accuser
             ,
             to
             charge
             him
             .
          
           
           
             And
             it
             is
             much
             worse
             then
             auricular
             confession
             ;
             because
             that
             is
             voluntary
             ,
             this
             by
             constreint
             ;
             that
             to
             be
             concealed
             ,
             this
             to
             be
             revealed
             to
             the
             parties
             shame
             ;
             that
             to
             induce
             pardon
             ,
             this
             to
             induce
             punishment
             to
             himselfe
             .
             And
             where
             an
             oath
             should
             be
             the
             end
             of
             strife
             ,
             this
             oath
             
               Ex
               officio
            
             is
             often
             times
             the
             begining
             of
             strife
             ;
             yea
             it
             hath
             been
             so
             hatefull
             as
             some
             Martyrs
             haue
             written
             against
             it
             ,
             as
             a
             bloudie
             law
             ;
             and
             therefore
             not
             without
             just
             cause
             ,
             that
             the
             whole
             estate
             assembled
             in
             Parliament
             in
             an
             .
             25.
             
             
               Hen.
               8.
            
             held
             it
             not
             to
             be
             agreeing
             with
             the
             rule
             of
             right
             and
             equity
             ,
             and
             to
             be
             contrary
             to
             the
             lawes
             of
             England
             ,
             and
             therfore
             revoked
             the
             sayd
             statute
             of
             
               2.
               
               Hen.
               4.
            
             and
             did
             therby
             limitt
             another
             forme
             of
             proceeding
             against
             persons
             accused
             or
             suspected
             ,
             thus
             ,
             viz.
             upon
             Inditement
             or
             two
             witnesses
             at
             the
             least
             (
             according
             to
             Gods
             law
             )
             with
             wordes
             of
             restreint
             ,
             
               not
               to
               proceed
               otherwise
            
             :
             since
             which
             time
             ,
             no
             custome
             ,
             or
             colour
             of
             prescription
             in
             the
             Ecclesiasticall
             Courts
             ,
             can
             take
             place
             against
             that
             law
             ,
             to
             uphold
             the
             oth
             
               Ex
               officio
            
             in
             case
             of
             heresie
             .
          
           
             And
             touching
             fines
             ,
             by
             the
             statute
             of
             
               Articuli
               cleri
               cap.
               1.
            
             by
             the
             Register
             and
             by
             
               Fitzh
               .
               Natura
               brev
               .
               fo
               .
               51.
               
            
             &
             52.
             and
             by
             the
             statute
             of
             
               15.
               
               Edw.
               3.
               cap.
               6.
            
             it
             is
             so
             shewed
             ,
             that
             ,
             by
             auncient
             Ecclesiasticall
             jurisdiction
             ,
             they
             ought
             not
             to
             set
             fines
             of
             mony
             upon
             subjectes
             ,
             unles
             it
             were
             upon
             cōmutation
             of
             penaunce
             ;
             so
             as
             it
             need
             no
             further
             proofe
             of
             that
             matter
             .
          
           
             The
             third
             matter
             which
             he
             endevored
             to
             proue
             ,
             was
             ,
             
             that
             the
             lawes
             of
             the
             kingdome
             of
             England
             ,
             and
             the
             manner
             of
             proceeding
             in
             cases
             of
             law
             and
             justice
             ,
             are
             setled
             in
             the
             Realme
             ,
             as
             parte
             of
             the
             inheritance
             of
             the
             subjectes
             ,
             and
             rightly
             termed
             by
             some
             Iudges
             in
             
               10.
               
               Hen
               :
               6.
               fo
               :
               62.
            
             to
             be
             the
             most
             high
             inheritance
             of
             the
             Kingdome
             ,
             by
             which
             
             both
             King
             and
             subjects
             are
             guided
             :
             
             &
             that
             without
             lawes
             there
             would
             be
             nether
             King
             nor
             inheritance
             in
             England
             .
             Which
             lawes
             ,
             by
             long
             continuance
             of
             time
             and
             good
             indeavor
             of
             many
             wise
             men
             ,
             are
             so
             fitted
             to
             this
             people
             ,
             and
             this
             people
             to
             them
             ,
             as
             it
             doth
             make
             a
             sweete
             harmony
             in
             the
             goverment
             ;
             all
             things
             being
             as
             readily
             obeyed
             on
             the
             one
             parte
             which
             are
             agreeing
             to
             law
             ,
             as
             they
             are
             willingly
             commanded
             on
             the
             other
             parte
             according
             to
             law
             :
             every
             officer
             ,
             by
             the
             rule
             of
             the
             law
             ,
             knowing
             the
             duties
             of
             their
             places
             ,
             as
             
               Sheriffes
               ,
               Bayliffes
            
             ,
             a)
             
               Constables
               ,
               Coroners
               ,
               Eschetors
               ;
               &c.
            
             the
             band
             of
             an
             oath
             ,
             both
             for
             goverment
             and
             obedience
             ,
             being
             mutually
             made
             on
             each
             parte
             .
          
           
             For
             the
             lawes
             in
             a
             common
             wealth
             are
             like
             the
             sinewes
             in
             a
             naturall
             body
             ,
             by
             which
             the
             hand
             ,
             foote
             ,
             and
             other
             partes
             of
             the
             body
             doe
             readily
             moue
             ,
             by
             the
             direction
             of
             the
             head
             ;
             but
             if
             the
             hand
             ,
             or
             foote
             ,
             be
             forced
             aboue
             the
             strength
             of
             the
             sinewe
             ,
             it
             eyther
             taketh
             away
             the
             use
             of
             that
             parte
             ,
             or
             els
             it
             maketh
             it
             a
             weake
             or
             halting
             member
             :
             so
             is
             it
             ,
             if
             the
             lawes
             be
             streyned
             against
             any
             part
             of
             the
             comon
             wealth
             ,
             aboue
             it
             right
             ,
             and
             naturall
             strength
             ,
             it
             will
             make
             that
             parte
             weake
             ,
             or
             halting
             :
             and
             therefore
             it
             is
             excellently
             sayd
             in
             
               8.
               
               Hen.
               4.
               fol.
               19.
            
             in
             the
             
               com
               .
               fol.
               236.
            
             and
             in
             the
             Case
             of
             Alton
             woodes
             ,
             
             that
             the
             law
             admeasureth
             the
             Kings
             prerogatiue
             ,
             so
             as
             it
             shall
             not
             extend
             to
             hurt
             the
             inheritance
             of
             the
             subjectes
             on
             the
             on
             parte
             :
             and
             as
             Bracton
             saith
             ,
             
               nihil
               aliud
               potest
               rex
               in
               terris
               ,
               cum
               sit
               Dei
               minister
               et
               vicarius
               ,
               quam
               quod
               de
               iure
               potest
               :
               quia
               illa
               potestas
               solius
               Dei
               est
               ;
               potestas
               autem
               iniuriae
               diaboli
               est
               ,
               et
               non
               Dei
               ;
               et
               cuius
               horum
               opera
               ●ecerit
               rex
               ,
               eius
               minister
               est
               .
            
          
           
             And
             the
             law
             doth
             restrayne
             the
             liberall
             wordes
             of
             the
             Kings
             grant
             ,
             for
             the
             benefit
             both
             of
             the
             King
             and
             the
             subjects
             ,
             and
             to
             the
             great
             happines
             of
             the
             Realme
             ;
             especially
             
             when
             the
             Iudges
             are
             mē
             of
             courage
             ,
             fearing
             God
             ;
             as
             is
             to
             be
             proved
             by
             many
             Cases
             adjudged
             in
             these
             Courtes
             of
             
               Kings
               Bench
            
             ,
             and
             Common-Pleas
             ;
             which
             Courtes
             are
             the
             principall
             preservers
             of
             this
             high
             inheritance
             of
             the
             law
             :
             whereof
             he
             rehearsed
             some
             few
             Cases
             on
             the
             parte
             of
             the
             King
             ,
             and
             on
             the
             part
             of
             the
             subjectes
             diverse
             Cases
             ;
             as
             in
             
               45.
               
               Ass
               .
               p.
            
             15.
             where
             the
             King
             did
             grant
             to
             I.S.
             &
             his
             heires
             ,
             the
             manour
             of
             Dale
             ,
             &
             all
             the
             woodes
             ,
             and
             underwoods
             ,
             and
             Mynes
             within
             the
             sayd
             mannor
             ;
             yet
             Mynes
             of
             gold
             and
             silver
             did
             not
             passe
             :
             and
             in
             the
             
               22.
               
               Ass
               40.
            
             the
             King
             did
             grant
             to
             .
             I.S.
             the
             goods
             and
             chattells
             of
             persons
             with
             ▪
             in
             Dale
             ,
             
               qualitercunque
               damnatorum
            
             ;
             yet
             the
             goodes
             of
             persons
             attainted
             of
             treason
             did
             not
             passe
             ,
             for
             the
             benefit
             of
             the
             King
             :
             because
             the
             same
             are
             so
             annexed
             to
             the
             crowne
             ,
             as
             by
             no
             generall
             words
             they
             may
             passe
             frō
             the
             Crowne
             ,
             by
             the
             rule
             of
             law
             .
             And
             of
             late
             yeares
             what
             great
             benefite
             hath
             growne
             to
             the
             Kings
             and
             Queenes
             of
             this
             Realme
             ,
             upon
             construction
             ,
             according
             to
             the
             rules
             of
             law
             ,
             of
             the
             Kings
             graunts
             ,
             the
             case
             of
             Alton
             woods
             ,
             the
             statute
             lately
             made
             for
             confirmation
             of
             Charters
             granted
             to
             the
             Citizens
             of
             London
             ,
             and
             the
             many
             cases
             preferred
             by
             Tipper
             &
             his
             fellowes
             ,
             doe
             sufficiently
             proue
             .
          
           
             And
             ,
             on
             the
             other
             side
             ,
             if
             any
             graunt
             or
             Commission
             from
             the
             King
             doth
             tend
             to
             charge
             the
             body
             ,
             landes
             ,
             or
             goods
             of
             the
             subjects
             unlawfully
             ,
             the
             Iudges
             will
             redresse
             the
             same
             .
             For
             if
             the
             King
             graunt
             the
             lands
             or
             goods
             of
             .
             
               I.
               S
            
             ;
             that
             is
             so
             manifestly
             against
             law
             ,
             as
             it
             needes
             no
             proofe
             .
          
           
             But
             (
             he
             said
             )
             he
             would
             put
             such
             Cases
             as
             ,
             being
             groūded
             upon
             prerogatiue
             ,
             haue
             a
             shew
             of
             good
             to
             the
             Common
             wealth
             ,
             and
             yet
             are
             not
             allowable
             ,
             because
             the
             tend
             to
             charge
             the
             subject
             ,
             without
             the
             assent
             of
             the
             subject
             :
             as
             the
             Case
             ,
             
               1●
               .
               Hen.
               4.
            
             where
             the
             King
             did
             graunt
             
             an
             office
             of
             measuring
             of
             cloath
             in
             London
             to
             
               I.
               S.
            
             with
             a
             Fee
             to
             be
             receaved
             for
             the
             same
             measuring
             :
             and
             although
             the
             office
             tend
             to
             further
             commutatiue
             Iustice
             ,
             whereof
             the
             power
             is
             in
             the
             King
             for
             weight
             and
             measure
             ;
             yet
             because
             this
             fee
             did
             tend
             to
             charge
             the
             subject
             ,
             without
             his
             assent
             ,
             it
             was
             adjudged
             ,
             by
             the
             learned
             Iudges
             ,
             upon
             long
             debate
             ,
             to
             be
             voyd
             :
             and
             the
             case
             of
             
               Protection
               ,
               39.
               
               Hen.
               6.
               fol.
               39.
            
             where
             the
             King
             did
             grant
             a
             protection
             to
             A.
             B.
             his
             servant
             ,
             
               quia
               prosecturus
            
             ,
             for
             a
             voyage
             to
             Rome
             ,
             for
             service
             of
             the
             King
             and
             Common
             wealth
             for
             weightie
             causes
             ,
             to
             continue
             for
             three
             yeares
             ;
             and
             yet
             it
             was
             disallowed
             by
             the
             Iudges
             ,
             because
             it
             was
             for
             three
             yeares
             ,
             where
             ,
             by
             the
             rules
             of
             the
             law
             ,
             it
             should
             be
             but
             for
             one
             ;
             &
             because
             there
             was
             no
             exceptiō
             of
             dower
             ,
             Assise
             ,
             and
             
               quare
               impedit
            
             which
             by
             law
             should
             haue
             been
             excepted
             :
             and
             that
             protection
             did
             not
             barr
             the
             subjects
             right
             ,
             but
             only
             delayed
             his
             suite
             .
          
           
             And
             in
             
               3.
               
               Edw.
               3
               :
               14.
               
               Nort.
               Assise
               .
            
             445.
             
               com
               .
               fol.
            
             48.
             the
             King
             did
             pardon
             I.S.
             the
             making
             of
             a
             bridge
             :
             and
             because
             the
             subjectes
             had
             interest
             in
             the
             passage
             over
             that
             bridge
             :
             the
             Kings
             pardon
             was
             not
             sufficient
             ,
             to
             discharge
             
               I.
               S.
            
             frō
             the
             making
             therof
             .
             In
             the
             case
             of
             42.
             
             Ass
             .
             5.
             a
             Commission
             from
             the
             King
             ,
             under
             the
             great
             seale
             of
             England
             ,
             was
             directed
             to
             A.
             and
             B.
             to
             take
             
               I.
               S.
            
             and
             him
             imprison
             in
             the
             Castle
             of
             P.
             and
             to
             take
             his
             goodes
             ;
             which
             was
             done
             accordingly
             by
             the
             Cōmissioners
             :
             and
             because
             it
             was
             done
             without
             any
             inditment
             ,
             or
             due
             course
             of
             law
             ,
             the
             proceedings
             of
             the
             same
             Commissioners
             were
             adjudged
             voyd
             .
          
           
             The
             like
             case
             was
             42.
             
             
               Ass
               .
               p.
            
             12.
             
             Where
             ,
             upon
             the
             Kings
             writt
             directed
             to
             the
             Iustices
             of
             laborers
             ,
             I.S.
             was
             indited
             for
             some
             thing
             not
             perteyning
             to
             the
             Iustices
             of
             laborers
             ,
             and
             therfore
             adjudged
             voyd
             ,
             they
             having
             no
             Cōmission
             so
             to
             doe
             .
             For
             although
             the
             Sheriffe
             ,
             or
             officer
             ,
             cannot
             
             judge
             of
             the
             Kings
             writt
             ,
             but
             must
             execute
             it
             :
             yet
             the
             Iudge
             may
             refuse
             to
             execute
             the
             same
             writt
             ,
             when
             it
             is
             against
             law
             ,
             or
             impossible
             to
             be
             done
             ,
             according
             to
             
               1.
               
               Edw.
               3.
               fol.
               26.
            
             and
             in
             the
             1.
             
             &
             2.
             
             
               Eliz.
               Scrogges
            
             his
             Case
             ;
             
             where
             a
             Cōmission
             was
             awarded
             to
             some
             Iudges
             ,
             and
             persons
             of
             credit
             ,
             to
             heare
             the
             cause
             concerning
             the
             Office
             of
             exigent
             of
             London
             ,
             which
             Scrogges
             did
             challenge
             ;
             &
             if
             Scrogges
             refused
             to
             submit
             himselfe
             to
             their
             order
             ,
             to
             commit
             him
             to
             prison
             :
             upon
             which
             Commission
             Scrogges
             was
             cōmitted
             to
             prison
             ;
             and
             he
             was
             discharged
             ,
             by
             the
             Iudges
             ,
             of
             his
             imprisonment
             ,
             by
             writt
             of
             
               habeas
               corpus
            
             ,
             because
             his
             imprisonment
             was
             not
             lawfull
             :
             which
             writs
             of
             
               habeas
               corpus
            
             are
             usually
             graunted
             in
             the
             sayd
             Courts
             of
             
               Kings
               bench
            
             ,
             and
             
               Common
               pleas
            
             ,
             thereby
             to
             releeue
             the
             subjectes
             ,
             which
             are
             many
             times
             in
             other
             Courtes
             ,
             and
             by
             some
             Commissioners
             ,
             unlawfully
             imprisoned
             :
             yea
             many
             times
             ,
             although
             the
             Commissions
             be
             grounded
             upon
             Acts
             of
             Parliamēt
             ▪
             as
             the
             Commission
             of
             Sewers
             ,
             the
             Commission
             of
             Banckrupts
             ,
             and
             the
             
               Ecclessiasticall
               Commission
            
             :
             and
             many
             times
             they
             graunt
             Prohibitions
             to
             the
             
               Ecclesiasticall
               Court
            
             ,
             to
             the
             
               Admirall
               Court
            
             ,
             and
             to
             the
             Court
             of
             Requests
             ,
             and
             other
             inferior
             Courts
             ,
             when
             they
             exceed
             their
             authority
             .
          
           
             And
             many
             other
             Cases
             he
             would
             haue
             put
             to
             proue
             those
             poynts
             ,
             but
             that
             in
             a
             former
             argumēt
             made
             by
             him
             in
             the
             court
             of
             
               Kings
               bench
            
             ,
             against
             
               Monopolie
               Patents
            
             of
             
               M.
               Darcie
               ,
               Mich.
               44.
               
               Eliz.
            
             all
             the
             Iudges
             then
             seemed
             to
             yeeld
             the
             same
             to
             the
             law
             ,
             without
             any
             doubt
             ,
             as
             he
             conceived
             ;
             
             which
             high
             inheritance
             of
             the
             law
             the
             Common
             wealth
             hath
             alwayes
             so
             preserved
             ,
             as
             without
             Act
             of
             Parliament
             it
             cannot
             be
             changed
             ,
             as
             appeareth
             by
             the
             answer
             of
             the
             Barons
             ,
             when
             the
             Bishops
             sought
             to
             haue
             the
             law
             changed
             ,
             touching
             children
             borne
             before
             mariage
             ,
             although
             the
             
             mariage
             after
             ensued
             ,
             to
             be
             held
             as
             bastards
             :
             the
             LL.
             sayd
             ,
             
               Nolumus
               leges
               Angliae
               mutari
            
             ;
             and
             as
             is
             apparant
             by
             booke
             cases
             ,
             where
             it
             is
             adjudged
             ,
             that
             the
             King
             ,
             by
             a
             
               non
               obstante
            
             may
             dispence
             with
             a
             statute
             law
             ,
             but
             not
             with
             the
             cōmon
             law
             ,
             nor
             alter
             the
             same
             as
             is
             adjudged
             
               49.
               
               Ass
               .
               p.
               8.
            
             and
             
               Bosoms
               Case
            
             ;
             nor
             put
             the
             subjectes
             from
             their
             inheritance
             of
             the
             law
             ,
             
             as
             is
             
               8.
               
               Hen.
               4.
               fol.
               19.
            
             which
             was
             alwayes
             accompted
             one
             of
             the
             great
             blessings
             of
             this
             land
             ,
             to
             haue
             the
             law
             the
             meat-yeard
             ,
             &
             the
             Iudges
             the
             measurers
             .
             For
             ,
             in
             all
             well
             governed
             Common
             wealthes
             ,
             Religion
             and
             Iustice
             are
             the
             two
             principall
             pillars
             ,
             wherein
             the
             power
             of
             God
             appeareth
             ;
             and
             many
             times
             weake
             weomen
             doe
             rule
             ,
             and
             command
             many
             thousand
             strong
             men
             ,
             touching
             their
             liues
             ,
             lands
             ,
             and
             goods
             ,
             without
             resistance
             ;
             which
             the
             loue
             and
             regard
             of
             Iustice
             procureth
             .
          
           
             
             For
             the
             better
             proofe
             of
             the
             fourth
             part
             ,
             he
             did
             reade
             verbatim
             the
             partes
             of
             the
             
               Ecclesiasticall
               Commission
            
             ,
             which
             he
             thought
             to
             be
             against
             the
             lawes
             of
             England
             ,
             and
             liberties
             of
             the
             subjects
             ;
             remembring
             first
             to
             marke
             and
             consider
             ,
             how
             ,
             whereas
             the
             whole
             drift
             of
             the
             Act
             of
             Parliament
             .
             
               1.
               
               Eliz
               cap.
               1.
            
             was
             ,
             to
             restore
             to
             the
             Crowne
             the
             
               auncient
               iurisdiction
               over
               the
               Ecclesiasticall
            
             &
             
               spirituall
               estate
            
             ,
             and
             ,
             for
             that
             purpose
             ,
             did
             giue
             power
             to
             the
             Ecclesiastical
             Cōmissioners
             ,
             
               to
               execute
               the
               premisses
            
             in
             the
             sayd
             Act
             conteyned
             ,
             
               for
               the
               correcting
               ,
               and
               amending
               ,
               and
               reforming
               of
               such
               heresies
               ,
               errors
               ,
               schismes
               ,
               contempts
               ,
               and
               enormityes
               ,
               as
               by
               the
               Ecclesiasticall
               lawes
               might
               lawfully
               be
               reformed
               ,
               according
               to
               the
               tenour
               and
               effect
               of
               the
               sayd
               Letters
               Patents
               ,
            
             this
             Commissiō
             is
             since
             enlarged
             ,
             and
             how
             it
             giveth
             power
             to
             the
             Commissioners
             ,
             to
             enquire
             not
             onely
             of
             the
             permisses
             ,
             mentioned
             in
             the
             statute
             of
             
               1.
               
               Eliz.
               cap.
               1.
            
             but
             also
             of
             all
             offences
             ,
             and
             contemps
             :
             against
             the
             statute
             of
             
               1.
               
               Eliz.
               cap.
               2.
            
             intituled
             ,
             
             
               an
               Act
               for
               uniformitie
               of
               Common
               prayer
               ,
               and
               service
               of
               the
               Church
               ,
               and
               administration
               of
               the
               sacraments
               ,
            
             and
             of
             all
             offences
             ,
             and
             contempts
             against
             these
             statuts
             following
             ,
             which
             were
             all
             made
             since
             anno
             
               1.
               
               Eliz.
            
             viz.
             the
             statute
             of
             
               5.
               
               Eliz
               :
               ca
               :
               1.
            
             intituled
             ,
             
               an
               Act
               for
               the
               assurance
               of
               the
               Queenes
               Maiesties
               power
               ,
               over
               all
               states
               and
               subiectes
               ,
               within
               her
               dominions
            
             ;
             the
             statute
             of
             
               13
               :
               Eliz
               :
               cap
               :
               12.
            
             intituled
             ,
             
               an
               Act
               to
               reforme
               certayne
               disorders
               ,
               touching
               the
               Ministers
               of
               the
               Church
            
             ;
             the
             statute
             of
             
               35.
               
               Eliz
               :
               cap
               :
               1.
            
             intituled
             ,
             
               an
               Act
               to
               reteyne
               her
               maiesties
               subiects
               in
               their
               due
               obedience
            
             ;
             the
             statute
             of
             
               35
               Eliz.
               cap
               :
               2.
            
             intituled
             ,
             
               an
               Act
               to
               restreyne
               some
               Popish
               recusant
               to
               some
               certeyne
               places
               of
               aboad
            
             ;
             the
             statute
             of
             anno
             .
             1.
             
             Iacobi
             .
             intituled
             ,
             
               an
               Act
               for
               the
               due
               execution
               of
               the
               statutes
               against
               Iesuits
               ,
               Seminaries
               ,
               priests
               ,
               recusants
               &c.
               
            
          
           
             Also
             power
             is
             given
             to
             the
             Cōmissioners
             ,
             or
             any
             three
             or
             more
             of
             them
             ,
             not
             only
             upon
             these
             penall
             lawes
             ,
             and
             upon
             every
             offence
             therein
             conteyned
             ,
             but
             also
             upon
             all
             
               seditious
               bookes
               ,
               contempts
               ,
               conspiracies
               ,
               private
               conventicles
               ,
               false
               rumors
               or
               tales
               ,
               seditious
               misbehaviours
               ,
            
             and
             many
             other
             civill
             offences
             particulerly
             named
             in
             the
             letters
             pattens
             ,
             to
             call
             before
             them
             all
             and
             every
             offendor
             in
             any
             of
             the
             premisses
             ,
             and
             all
             such
             ,
             as
             ,
             by
             them
             or
             any
             three
             or
             more
             of
             them
             ,
             shall
             seeme
             to
             be
             suspected
             persons
             in
             any
             of
             the
             premisses
             ;
             and
             every
             of
             them
             to
             examine
             ,
             upon
             their
             corporall
             oathes
             ,
             touching
             every
             or
             any
             of
             the
             premisses
             ,
             which
             they
             shall
             object
             against
             them
             ;
             and
             to
             proceede
             against
             them
             and
             every
             of
             them
             ,
             as
             the
             nature
             and
             quality
             of
             the
             offence
             or
             suspicion
             ,
             in
             that
             behalfe
             ,
             shall
             require
             ;
             And
             to
             inquire
             of
             
               adulteries
               ,
               fornications
               ,
               outragious
               misbehaviours
               ,
               and
               disorders
               in
               mariages
               ,
            
             and
             of
             al
             other
             grievous
             and
             great
             crymes
             ,
             and
             offences
             ,
             within
             any
             parte
             of
             the
             Realme
             ,
             which
             are
             punishable
             or
             reformable
             by
             the
             Ecclesiasticall
             
             lawes
             of
             this
             Realme
             ,
             according
             to
             the
             tenor
             of
             the
             lawes
             on
             that
             behalfe
             ,
             or
             according
             to
             their
             wisedomes
             ,
             and
             discretions
             ,
             or
             the
             discretions
             of
             any
             three
             of
             them
             .
          
           
             The
             Commissioners
             ,
             or
             any
             three
             of
             them
             ,
             are
             further
             authorized
             ,
             willed
             ,
             and
             commaunded
             to
             use
             and
             devise
             all
             such
             good
             ,
             lawfull
             ,
             reasonable
             ,
             and
             convenient
             wayes
             ,
             for
             the
             triall
             and
             searching
             out
             of
             all
             the
             premisses
             and
             proceedings
             therin
             ,
             as
             by
             any
             three
             or
             more
             of
             them
             shall
             be
             thought
             most
             expedient
             ,
             and
             necessary
             .
          
           
             They
             ,
             or
             any
             .3
             .
             or
             more
             of
             them
             ,
             haue
             authority
             to
             order
             &
             award
             such
             punishment
             to
             every
             such
             offender
             ,
             by
             fine
             ,
             imprisonment
             ,
             censures
             of
             the
             Church
             ,
             or
             other
             lawfull
             way
             ,
             or
             by
             all
             or
             any
             of
             the
             sayd
             wayes
             ;
             and
             to
             take
             such
             order
             for
             the
             redresse
             of
             the
             same
             ,
             as
             to
             the
             wisdomes
             and
             discretions
             of
             any
             three
             or
             more
             of
             them
             shall
             be
             thought
             meete
             ,
             and
             convenient
             .
          
           
             For
             contempt
             in
             not
             appearance
             ,
             or
             not
             obeying
             the
             decree
             of
             any
             three
             of
             them
             ,
             they
             haue
             power
             to
             fine
             thē
             at
             their
             discretiōs
             ,
             and
             to
             commit
             them
             to
             ward
             ,
             there
             to
             remayne
             ,
             untill
             ,
             by
             any
             three
             of
             them
             ,
             they
             shal
             be
             inlarged
             ,
             according
             to
             their
             discretions
             .
          
           
             They
             haue
             power
             to
             take
             recognizance
             of
             every
             offendor
             ;
             and
             suspected
             person
             ,
             aswell
             for
             their
             personall
             appearance
             ,
             as
             for
             the
             performance
             of
             such
             orders
             &
             decrees
             ,
             as
             to
             any
             three
             of
             them
             shall
             seeme
             reasonable
             ,
             and
             convenient
             in
             that
             behelfe
             .
          
           
             They
             haue
             also
             power
             to
             commaund
             all
             &
             every
             sheriffes
             ,
             Iustices
             ,
             and
             other
             officers
             ,
             and
             subjects
             within
             this
             Realme
             ,
             in
             all
             places
             ,
             aswell
             exempt
             as
             not
             exempt
             ,
             by
             their
             letters
             and
             other
             proces
             ,
             to
             apprehend
             ,
             or
             cause
             to
             be
             apprehended
             ,
             any
             person
             or
             persons
             ,
             which
             they
             shall
             
             thinke
             meete
             to
             be
             convented
             ,
             and
             take
             such
             bonds
             for
             their
             appearance
             ,
             as
             any
             three
             of
             them
             shall
             prescribe
             ,
             &c.
             or
             to
             committ
             them
             to
             prison
             .
          
           
             They
             haue
             power
             to
             execute
             the
             premisses
             ,
             notwithstanding
             any
             appellation
             ,
             provocation
             ,
             priviledge
             ,
             or
             exemption
             ;
             any
             lawes
             ,
             statutes
             ,
             proclamations
             ,
             other
             grants
             ,
             priviledges
             ,
             or
             other
             ordinances
             ,
             which
             be
             or
             may
             seeme
             contrary
             to
             the
             premisses
             ,
             notwithstanding
             .
          
           
             Vpon
             which
             parts
             of
             the
             sayd
             Commission
             ,
             being
             so
             indefinite
             without
             limitation
             or
             restraynt
             ,
             he
             noted
             ,
             that
             if
             the
             Commission
             should
             be
             executed
             according
             to
             the
             letter
             thereof
             ;
             the
             subjects
             ,
             notwithstanding
             any
             lawes
             or
             customes
             to
             the
             contrary
             ,
             might
             be
             cited
             out
             of
             their
             owne
             Dioces
             ,
             yea
             from
             the
             furthest
             parte
             of
             the
             Realme
             ,
             for
             any
             cause
             ,
             or
             suspicion
             conceaved
             by
             the
             Commissioners
             ,
             or
             any
             three
             of
             them
             ,
             and
             forced
             to
             attend
             the
             Commissioners
             ,
             where
             they
             will
             appoynt
             ,
             in
             time
             of
             harvest
             ,
             or
             time
             of
             plague
             ,
             with
             the
             danger
             of
             a
             mans
             life
             :
             as
             he
             was
             forced
             to
             attend
             many
             weekes
             in
             daunger
             of
             his
             life
             ;
             they
             refusing
             to
             delay
             the
             cause
             ,
             untill
             the
             terme
             ,
             upon
             any
             bayle
             or
             bond
             .
             And
             they
             may
             force
             any
             subject
             to
             appeare
             ,
             at
             what
             dayes
             and
             howers
             any
             three
             of
             them
             shall
             appoynt
             ,
             for
             such
             matters
             sometimes
             ,
             as
             are
             more
             proper
             to
             be
             heard
             in
             other
             Courts
             .
          
           
             And
             although
             the
             penalties
             of
             the
             statuts
             be
             never
             so
             great
             ,
             as
             
               Premunire
               ,
               Abiuration
               ,
               forfeyture
               of
               lands
               &
               goodes
               ,
            
             whereof
             some
             offences
             are
             by
             the
             same
             statute
             limitted
             to
             be
             tryed
             onely
             in
             the
             
               Kings
               bench
            
             ,
             yet
             the
             party
             suspected
             may
             be
             forced
             ,
             by
             this
             Commission
             ,
             to
             accuse
             himselfe
             upon
             his
             owne
             oath
             ,
             upon
             such
             captious
             Interrogatories
             ,
             as
             the
             witt
             of
             man
             can
             devise
             ,
             when
             there
             is
             neyther
             accuser
             ,
             nor
             libell
             of
             accusation
             :
             And
             that
             in
             many
             things
             
             they
             may
             inflict
             what
             punishment
             any
             three
             of
             them
             shal
             thinke
             meete
             in
             their
             discretions
             ,
             and
             force
             men
             to
             performe
             such
             order
             as
             they
             shall
             make
             ,
             by
             the
             parties
             bond
             ,
             before
             any
             order
             made
             :
             and
             that
             their
             judgments
             ,
             or
             decrees
             whatsoever
             ,
             should
             not
             be
             subject
             to
             any
             writt
             of
             
               Error
               ,
               attaint
            
             ,
             or
             appeale
             :
             and
             that
             they
             may
             devise
             meanes
             ,
             at
             their
             owne
             discretion
             ,
             for
             the
             triall
             and
             finding
             out
             of
             any
             the
             sayd
             offences
             .
             Which
             kind
             of
             proceedinges
             how
             farr
             they
             doe
             differ
             from
             the
             common
             lawes
             of
             England
             ,
             which
             is
             the
             inheritāce
             of
             the
             subjects
             ,
             and
             what
             Iarres
             &
             harsh
             tunes
             they
             make
             in
             the
             sweete
             harmony
             therof
             ,
             setled
             by
             so
             long
             continuance
             ,
             with
             a
             most
             happy
             successe
             ,
             any
             wiseman
             may
             see
             ,
             without
             any
             inforcement
             frō
             him
             ;
             and
             how
             much
             of
             this
             they
             doe
             dayly
             execute
             ,
             he
             did
             leaue
             to
             see
             it
             .
          
           
             Only
             so
             much
             as
             came
             under
             his
             owne
             viewe
             ,
             he
             said
             ,
             that
             ,
             the
             last
             day
             of
             
               Easter
               terme
            
             ,
             he
             moved
             at
             the
             Exchequer
             barre
             ,
             for
             20.
             persons
             ,
             his
             Clients
             ,
             dwelling
             in
             Yorkeshyre
             ;
             wherof
             som
             ,
             as
             they
             told
             him
             ,
             were
             very
             poore
             ,
             who
             were
             fined
             by
             the
             
               Ecclesiasticall
               Cōmissioners
            
             for
             not
             appearing
             at
             their
             dayes
             appoynted
             ,
             many
             of
             them
             to
             
               30.
               pounds
            
             a
             peece
             ,
             one
             only
             at
             ten
             ,
             and
             all
             the
             rest
             at
             twenty
             a
             peece
             ,
             which
             was
             not
             
               salvo
               contenemento
            
             ,
             according
             to
             the
             statute
             of
             
               Magna
               Charta
            
             cap.
             14.
             
             And
             one
             client
             ,
             being
             an
             housholder
             in
             Fleetestreete
             ,
             named
             
               William
               Goulder
            
             ,
             prayed
             advise
             for
             his
             hard
             &
             close
             imprisonment
             many
             dayes
             ,
             with
             great
             Irons
             on
             him
             ,
             by
             the
             Commissioners
             ,
             upon
             some
             suspition
             conceaved
             by
             some
             of
             the
             Commissioners
             ,
             that
             some
             person
             was
             hid
             in
             his
             house
             ;
             and
             was
             after
             freed
             without
             any
             conviction
             of
             his
             supposed
             offence
             .
             And
             because
             the
             sayd
             
               Nicholas
               Fuller
            
             did
             except
             against
             the
             Commissioners
             ,
             as
             not
             competent
             Iudges
             ,
             in
             their
             owne
             cause
             ,
             
             of
             him
             and
             of
             his
             argument
             ,
             made
             against
             them
             at
             the
             
               Kings
               bench
            
             barre
             ,
             they
             threatned
             to
             sett
             500.
             pounds
             fine
             on
             him
             ,
             and
             to
             imprison
             him
             .
             And
             when
             (
             he
             finding
             their
             proceeding
             by
             the
             oath
             
               Ex
               officio
            
             to
             vary
             from
             the
             Common
             lawes
             ,
             which
             he
             had
             long
             tyme
             practised
             )
             he
             said
             to
             them
             ,
             it
             seemed
             to
             him
             ,
             that
             he
             was
             in
             a
             new
             world
             ,
             or
             other
             Common
             wealth
             :
             thereupon
             they
             threatned
             to
             imprison
             him
             ,
             if
             he
             spake
             one
             word
             more
             to
             the
             disgrace
             of
             the
             Commission
             .
          
           
             Wherefore
             he
             held
             it
             strong
             ,
             in
             his
             opinion
             (
             because
             his
             Majesties
             Commission
             ,
             which
             they
             terme
             High
             ,
             is
             ,
             by
             the
             true
             intent
             of
             the
             statute
             ,
             only
             a
             
               Commission
               executorie
            
             ,
             but
             for
             so
             long
             time
             onely
             as
             shall
             please
             the
             King
             ,
             and
             is
             no
             setled
             court
             for
             continuance
             for
             ever
             ,
             as
             they
             would
             haue
             it
             ,
             comparing
             the
             authority
             thereof
             with
             the
             
               Kings
               bench
            
             ,
             and
             preferring
             it
             aboue
             it
             )
             that
             ,
             in
             all
             the
             partes
             and
             poynts
             aboue
             rehearsed
             ,
             the
             Commission
             is
             not
             of
             force
             in
             law
             ,
             nor
             warranted
             by
             law
             ,
             except
             some
             Act
             of
             Parliamēt
             doe
             giue
             it
             life
             .
          
           
             And
             now
             touching
             the
             last
             and
             principall
             parte
             of
             his
             division
             ,
             viz
             ,
             that
             no
             Act
             of
             Parliament
             doth
             giue
             life
             
             to
             the
             
               Commission
               Ecclesiasticall
            
             ,
             in
             the
             parts
             aboue
             mentioned
             ,
             it
             is
             to
             be
             noted
             ,
             that
             the
             Commission
             is
             founded
             only
             upon
             the
             statute
             of
             an
             .
             
               1.
               
               Eliz.
               cap.
               1.
            
             and
             that
             this
             Act
             of
             an
             .
             
               1.
               
               Eliz.
            
             neyther
             doth
             ,
             nor
             can
             giue
             life
             to
             this
             Commission
             ,
             by
             any
             right
             construction
             ,
             in
             these
             partes
             aboue
             rehearsed
             ,
             but
             contrarywise
             doth
             expresly
             abolish
             their
             Iurisdiction
             to
             imprison
             subjectes
             ,
             fyne
             them
             ,
             and
             force
             them
             to
             accuse
             themselues
             ,
             as
             repugnant
             to
             the
             
               Auncient
               Ecclesiasticall
               Iurisdiction
            
             ,
             which
             ,
             by
             this
             Act
             ,
             is
             restored
             to
             the
             Crowne
             :
             and
             he
             hoped
             to
             make
             that
             poynt
             so
             playne
             and
             apparant
             to
             all
             the
             hearers
             ,
             that
             would
             attentiuely
             
             regard
             it
             ,
             as
             that
             they
             might
             be
             fully
             satisfied
             therin
             .
             For
             ,
             besides
             the
             
               Booke
               Cases
            
             ,
             which
             he
             ment
             to
             put
             ,
             in
             that
             poynt
             ,
             to
             proue
             his
             assertion
             ,
             he
             sayd
             ,
             that
             the
             title
             in
             the
             Act
             of
             
               an
               .
               1.
               
               Eliz.
            
             the
             preamble
             of
             the
             Act
             ,
             and
             the
             matter
             preceding
             the
             preamble
             in
             that
             Act
             ,
             and
             the
             body
             of
             that
             Act
             ,
             which
             giveth
             power
             to
             the
             Commissioners
             to
             execute
             the
             premisses
             (
             by
             colour
             wherof
             they
             challenge
             this
             great
             power
             to
             imprison
             subjectes
             etc.
             )
             doe
             all
             concurre
             ,
             by
             their
             being
             rightly
             applyed
             ,
             to
             condemne
             and
             overthrowe
             these
             poynts
             of
             the
             Commission
             Ecclesiasticall
             ,
             before
             spoken
             of
             and
             rehearsed
             by
             him
             ,
             as
             unlawfull
             ,
             and
             unjust
             .
          
           
             The
             title
             is
             ,
             
               an
               Act
               ,
               restoring
               to
               the
               Crowne
               the
               auncient
               Iurisdiction
               over
               the
               Ecclesiasticall
               and
               spirituall
               estate
               ,
               and
               abolishing
               all
               forren
               Iurisdiction
               ,
               repugnant
               to
               the
               same
               .
            
             What
             the
             auncient
             Iurisdiction
             over
             the
             Ecclesiasticall
             and
             spirituall
             estate
             is
             ,
             he
             hath
             sufficiently
             before
             declared
             ,
             and
             proved
             it
             to
             be
             that
             Ecclesiasticall
             jurisdiction
             (
             viz.
             Keyes
             or
             
               censures
               of
               the
               Church
            
             )
             which
             was
             lawfully
             vsed
             in
             Englād
             ,
             before
             the
             statute
             of
             
               2.
               
               Hen.
               4.
            
             the
             uttermost
             whereof
             was
             ,
             to
             locke
             men
             out
             of
             the
             Church
             by
             excommunication
             ,
             termed
             ,
             
               the
               keyes
               of
               the
               Church
            
             .
             Which
             statute
             first
             gaue
             power
             to
             the
             Ordinaries
             ,
             to
             imprison
             subjects
             ,
             to
             fine
             them
             ,
             and
             force
             thē
             to
             accuse
             thēselues
             by
             their
             owne
             oathes
             ,
             which
             was
             ever
             hatefull
             to
             the
             subjects
             of
             England
             .
          
           
             And
             to
             proue
             plainely
             ,
             that
             this
             Parliament
             of
             an
             .
             
               1.
               
               Eliz.
            
             ment
             to
             abolish
             that
             power
             to
             imprison
             subjectes
             ,
             &
             force
             them
             to
             accuse
             themselues
             ,
             the
             matter
             precedent
             before
             the
             preamble
             doth
             fully
             proue
             ;
             for
             that
             ,
             in
             this
             very
             statute
             of
             an
             .
             
               1.
               
               Eliz.
            
             the
             law
             makers
             ,
             as
             wise
             framers
             of
             a
             Common
             wealth
             ,
             before
             they
             goe
             about
             to
             annexe
             the
             auncient
             right
             Ecclesiastical
             Iurisdiction
             to
             the
             Crowne
             ,
             
             doe
             by
             expresse
             words
             ,
             at
             the
             request
             of
             the
             subjects
             ,
             establish
             and
             inact
             ,
             that
             the
             statute
             of
             
               5.
               
               Rich
               :
               2
               c●p
               .
               5
            
             and
             
               2.
               
               H.
               4.
               cap.
               15.
            
             (
             which
             did
             giue
             authority
             to
             the
             Ordinaries
             to
             imprison
             ,
             fine
             ,
             and
             force
             the
             subjects
             to
             accuse
             thēselues
             ,
             as
             aboue
             )
             
               and
               all
               and
               every
               branches
               ,
               articles
               ,
               clauses
               ,
               and
               sentences
               conteyned
               in
               the
               sayd
               several
               statutes
               ,
               and
               every
               of
               thē
               ,
               should
               ,
               from
               the
               last
               day
               of
               that
               Parliament
               ,
               he
               utterly
               repealed
               ,
               voyd
               ,
               and
               of
               none
               effect
               ,
               any
               thing
               in
               the
               sayd
               severall
               Acts
               ,
               or
               any
               of
               them
               ,
               conteyned
               ,
               or
               any
               other
               matter
               or
               cause
               to
               the
               contrary
               notwithstanding
               .
            
             So
             as
             the
             imprisonment
             of
             the
             subjects
             ,
             finyng
             of
             them
             ,
             and
             forcing
             of
             them
             to
             accuse
             themselues
             ,
             being
             the
             matters
             ,
             branches
             ,
             and
             articles
             of
             those
             statuts
             ,
             howsoever
             they
             came
             into
             the
             power
             of
             the
             Clergie
             of
             England
             ,
             by
             these
             statutes
             or
             otherwise
             ,
             being
             thought
             ,
             by
             the
             Parliament
             ,
             to
             be
             repugnant
             to
             the
             auncient
             Iurisdiction
             Ecclesiasticall
             (
             as
             revera
             they
             are
             being
             a
             temporall
             sword
             )
             were
             repealed
             ,
             and
             made
             voyd
             by
             expresse
             words
             of
             this
             statute
             of
             
               anno
               1.
               
               Eliz
            
             as
             repugnant
             to
             the
             auncient
             
               Spirituall
               Iurisdiction
            
             .
          
           
             And
             to
             make
             the
             meaning
             of
             the
             law-makers
             more
             apparant
             ,
             that
             they
             allowed
             not
             ,
             that
             any
             offences
             should
             be
             tried
             by
             the
             parties
             owne
             oath
             ,
             but
             by
             witnesses
             ;
             as
             in
             the
             begīning
             of
             this
             statute
             of
             
               an
               .
               1.
               
               Eliz.
               cap.
               1.
            
             it
             doth
             abolish
             the
             oath
             
               Ex
               officio
            
             ,
             by
             making
             voyd
             the
             statute
             of
             
               2.
               
               H.
               4.
               cap.
               15.
            
             which
             first
             gaue
             life
             to
             that
             kind
             of
             proceeding
             ;
             so
             in
             the
             end
             of
             the
             sayd
             statute
             it
             addeth
             this
             clause
             ,
             
               And
               be
               it
               further
               inacted
               by
               the
               authoritie
               aforesayd
               ,
               that
               no
               person
               ,
               or
               persons
               ,
               shal
               be
               hereafter
               indited
               ,
               or
               arraigned
               for
               any
               the
               offences
               ,
               made
               ,
               ordeyned
               ,
               revived
               ,
               or
               adiudged
               by
               this
               Act
               ,
               unlesse
               there
               be
               two
               sufficient
               witnesses
               ,
               or
               more
               ,
               to
               testifie
               and
               declare
               the
               sayd
               offence
               ,
               whereof
               he
               shal
               be
               indited
               ,
               etc.
               and
               the
               same
               witnesses
               ,
               or
               so
               many
               of
               thē
               as
               shal
               be
               living
               ,
               and
               within
               the
               Realme
               ,
               
               at
               the
               time
               of
               the
               arraignement
               of
               such
               persons
               so
               indited
               ,
               shall
               be
               brought
               forth
               in
               person
               ,
               face
               to
               face
               ,
               before
               the
               partie
               so
               arraigned
               ,
               and
               there
               shall
               testifie
               &
               declare
               what
               they
               can
               ,
               against
               the
               party
               so
               arraigned
               ,
               if
               he
               require
               the
               same
               .
            
          
           
             By
             which
             words
             sith
             it
             is
             playne
             ,
             that
             no
             offence
             ,
             ordeyned
             or
             revived
             by
             that
             statute
             ,
             should
             receaue
             triall
             ,
             but
             by
             two
             witnesses
             brought
             face
             to
             face
             ;
             that
             they
             mēt
             not
             to
             giue
             power
             ,
             by
             any
             Commission
             grounded
             upon
             that
             statute
             ,
             to
             haue
             the
             offences
             of
             the
             subjectes
             (
             which
             touch
             so
             deepe
             as
             
               Premunire
               ,
               abiuration
            
             ,
             and
             
               forfeiture
               of
               lands
               and
               goodes
            
             )
             should
             be
             tried
             by
             the
             parties
             owne
             forced
             oath
             ,
             against
             his
             will
             ,
             without
             any
             witnes
             or
             accuser
             ,
             as
             this
             Commission
             limitts
             ;
             and
             yet
             it
             is
             pretended
             to
             be
             grounded
             upon
             this
             statute
             .
             And
             therfore
             it
             were
             a
             most
             violent
             construction
             ,
             and
             absurd
             ,
             that
             the
             generall
             words
             in
             this
             statute
             ,
             viz.
             
               to
               execute
               the
               premisses
               according
               to
               the
               tenor
               and
               effect
               of
               the
               letters
               patents
               ,
            
             should
             reviue
             that
             by
             an
             intendment
             ,
             which
             was
             ,
             by
             so
             playne
             wordes
             of
             all
             the
             assemblie
             in
             Parliament
             ,
             revoked
             and
             abolished
             ,
             as
             a
             most
             hatefull
             thing
             to
             the
             subjectes
             of
             England
             ,
             and
             of
             which
             they
             ment
             to
             purge
             the
             Church
             and
             Ecclesiasticall
             goverment
             .
             For
             that
             were
             to
             make
             one
             parte
             of
             the
             statute
             contrary
             to
             the
             other
             ,
             and
             to
             construe
             the
             wordes
             of
             the
             law
             ,
             indefinitely
             sett
             downe
             ,
             directly
             against
             the
             meaning
             of
             the
             law
             makers
             plainely
             expressed
             by
             wordes
             ;
             which
             Iudges
             never
             did
             ,
             nor
             ,
             as
             he
             hoped
             ,
             ever
             would
             doe
             .
          
           
             And
             the
             title
             and
             preamble
             of
             the
             statute
             doe
             further
             restrayne
             the
             overlarge
             construction
             of
             those
             generall
             wordes
             ,
             
               to
               execute
               the
               premisses
            
             :
             because
             the
             premisses
             ,
             being
             the
             auncient
             jurisdiction
             Ecclesiasticall
             and
             spirituall
             ,
             purged
             from
             that
             temporall
             Iurisdiction
             ,
             as
             aboue
             ,
             is
             mēt
             to
             be
             restored
             onely
             over
             the
             Ecclesiasticall
             and
             spirituall
             
             estate
             ,
             and
             not
             over
             all
             the
             subjects
             of
             the
             Realme
             ;
             and
             because
             ,
             in
             the
             preamble
             ,
             the
             Commissioners
             ,
             who
             are
             to
             be
             named
             ,
             are
             inabled
             ,
             touching
             Ecclesiasticall
             or
             spirituall
             Iurisdiction
             only
             ,
             to
             
               reforme
               ,
               correct
               ,
               and
               amend
               all
               such
               heresies
               ,
               errors
               ,
               schismes
               ,
               contempts
               ,
               etc
               :
               which
               by
               any
               spirituall
               or
               Ecclesiasticall
               power
               ,
               authoritie
               ,
               or
               Iurisdiction
               ,
               might
               lawfully
               be
               reformed
               ,
            
             and
             not
             all
             abuses
             of
             the
             common
             wealth
             mētioned
             in
             their
             Commssion
             ,
             or
             any
             abuse
             not
             proper
             to
             the
             Ecclesiasticall
             or
             spirituall
             Iurisdiction
             ,
             whereof
             there
             are
             many
             named
             in
             their
             Commission
             ,
             which
             are
             temporall
             Iurisdictions
             ,
             viz.
             to
             imprison
             and
             fine
             subjects
             ,
             and
             to
             execute
             lawes
             upon
             thē
             ;
             for
             that
             the
             spirituall
             law
             should
             not
             meddle
             with
             that
             ,
             for
             which
             there
             was
             remedye
             by
             common
             law
             ,
             as
             is
             
               22.
               
               Edw.
               4.
               fol.
               20.
            
             and
             the
             statute
             of
             
               24.
               
               Edw.
               1.
               cap
               :
               1.
               
            
          
           
             And
             to
             proue
             ,
             that
             the
             titles
             and
             preambles
             of
             other
             statutes
             doe
             many
             times
             ,
             in
             construction
             of
             statutes
             ,
             restrayne
             the
             generall
             words
             of
             the
             same
             statuts
             following
             ,
             he
             put
             the
             case
             upon
             the
             statute
             of
             perjurie
             ,
             
               anno
               .
               5.
               
               Eliz.
            
             where
             the
             wordes
             of
             the
             statute
             are
             ,
             that
             
               every
               person
               and
               persons
               who
               shall
               commit
               voluntarie
               and
               corrupt
               periurie
               ,
               shall
               forfeit
               twentie
               poundes
               .
            
             And
             because
             the
             preamble
             and
             matter
             precedent
             touched
             witnesses
             only
             ,
             therefore
             that
             penaltie
             is
             restreyned
             ,
             by
             construction
             ,
             to
             charge
             witnesses
             onely
             therwith
             ,
             and
             not
             such
             persons
             as
             shall
             commit
             voluntary
             and
             corrupt
             periurie
             ,
             in
             their
             owne
             cases
             .
             And
             so
             upon
             the
             statute
             of
             
               7.
               
               Edward
               .
               6.
            
             against
             
               Receivers
               ,
               Bayliffs
            
             ,
             etc.
             although
             the
             wordes
             of
             that
             statute
             extend
             generally
             ,
             to
             lay
             a
             penaltie
             of
             6.
             shillings
             8.
             pence
             for
             every
             peny
             that
             receivours
             shall
             take
             unlawfully
             ;
             yet
             because
             the
             preamble
             of
             that
             statute
             touched
             only
             the
             Kings
             officers
             ,
             It
             is
             ,
             in
             construction
             ,
             restrayned
             to
             take
             force
             against
             the
             
             Kinges
             officers
             onely
             ,
             and
             against
             none
             other
             receivers
             ,
             or
             bayliffes
             .
          
           
             And
             to
             conclude
             this
             poynt
             of
             the
             exposition
             of
             the
             wordes
             of
             the
             statute
             ,
             he
             did
             demaund
             ,
             why
             the
             exposition
             and
             construction
             of
             all
             statutes
             is
             left
             to
             the
             Iudges
             of
             the
             law
             ,
             but
             for
             this
             cause
             ,
             for
             that
             they
             are
             ,
             and
             alwayes
             haue
             been
             thought
             the
             most
             carefull
             ,
             iudicious
             ,
             and
             jelous
             preservers
             of
             the
             lawes
             of
             England
             ?
             And
             is
             it
             not
             apparant
             ,
             that
             ,
             to
             uphold
             the
             right
             of
             the
             lawes
             of
             England
             ,
             the
             Iudges
             in
             ages
             past
             haue
             advisedly
             construed
             some
             wordes
             of
             divers
             statutes
             contrary
             to
             the
             common
             sence
             of
             the
             words
             of
             the
             statute
             ,
             to
             uphold
             the
             meaning
             of
             the
             common
             lawes
             of
             the
             Realme
             ?
             as
             in
             the
             statute
             of
             
               25.
               
               Ed.
               3.
            
             where
             it
             is
             sayd
             ,
             that
             ,
             
               non
               tenure
            
             of
             parcell
             shall
             abate
             the
             writt
             but
             for
             parcell
             ;
             yet
             if
             by
             the
             writt
             an
             entier
             manour
             be
             demaunded
             ,
             
               non
               tenure
            
             of
             parcell
             shall
             abate
             the
             whole
             writt
             .
             And
             where
             ,
             by
             the
             statute
             of
             
               Marlbridg
               ca.
               4.
            
             it
             is
             prohibited
             ,
             that
             no
             distresse
             shal
             be
             driven
             out
             of
             the
             County
             where
             it
             is
             taken
             ,
             yet
             ,
             if
             one
             manour
             extend
             into
             two
             Counties
             ,
             there
             the
             distresse
             may
             be
             drivē
             from
             one
             County
             into
             another
             Countie
             .
             And
             ,
             upon
             the
             statute
             of
             Prerogatiue
             ,
             which
             toucheth
             the
             King
             ,
             although
             the
             wordes
             be
             generall
             ,
             that
             the
             King
             shall
             haue
             the
             custodie
             of
             all
             the
             landes
             of
             his
             tenaunt
             where
             parte
             is
             holden
             in
             Capite
             ,
             yet
             if
             part
             of
             the
             landes
             of
             his
             tenaunt
             doe
             descend
             to
             severall
             heyres
             ,
             on
             the
             parte
             of
             the
             Father
             ,
             and
             on
             the
             parte
             of
             the
             Mother
             ,
             there
             the
             King
             shall
             not
             haue
             all
             the
             landes
             of
             his
             tenaunt
             ,
             during
             the
             minoritie
             of
             the
             heire
             ;
             for
             that
             ,
             in
             all
             these
             Cases
             ,
             the
             great
             regard
             of
             the
             rule
             and
             right
             of
             the
             common
             lawes
             doth
             controll
             the
             generall
             or
             common
             sence
             of
             the
             wordes
             of
             those
             statutes
             .
          
           
             And
             why
             then
             should
             this
             statute
             receiue
             construction
             ,
             
             by
             the
             Iudges
             of
             the
             law
             ,
             contrary
             to
             the
             rule
             of
             all
             other
             statutes
             ,
             to
             this
             effect
             ,
             that
             by
             in
             intendment
             gathered
             out
             of
             the
             generall
             wordes
             of
             the
             Act
             ,
             
               according
               to
               the
               tenor
               of
               the
               say●
               letters
               Pa●ents
               ,
            
             there
             might
             be
             erected
             ,
             in
             this
             common
             wealth
             of
             England
             ,
             a
             course
             of
             an
             arbitrarie
             governement
             at
             the
             discretion
             of
             the
             Commissioners
             ,
             directly
             contrary
             to
             the
             happie
             long
             continued
             goverment
             and
             course
             of
             the
             common
             lawes
             of
             the
             Realme
             ,
             and
             directly
             contrary
             to
             
               Magna
               Charta
            
             :
             which
             if
             the
             statute
             of
             
               24.
               
               Edw.
               3.
            
             did
             so
             highly
             regard
             ,
             as
             to
             make
             voyd
             Acts
             of
             Parliament
             contrary
             to
             the
             same
             ,
             it
             would
             ,
             a
             fortiori
             ,
             make
             voyd
             all
             construction
             of
             statuts
             contrary
             to
             
               Magna
               Charta
            
             ,
             which
             haue
             no
             expresse
             wordes
             ,
             but
             an
             intendement
             or
             construction
             of
             words
             ,
             with
             much
             violence
             to
             be
             wrested
             to
             that
             end
             .
             And
             for
             such
             as
             would
             make
             such
             construction
             of
             the
             statute
             ,
             as
             that
             whatsoever
             should
             be
             conteyned
             in
             the
             letters
             Pattents
             should
             be
             as
             a
             law
             ;
             he
             would
             haue
             them
             remember
             ,
             that
             the
             King
             may
             make
             new
             letters
             Patents
             for
             these
             matters
             (
             Ecclesiasticall
             causes
             every
             day
             altering
             the
             same
             in
             the
             penalties
             and
             manner
             of
             proceeding
             )
             and
             that
             ,
             if
             the
             letter
             of
             the
             statute
             should
             be
             purused
             ,
             the
             King
             may
             change
             the
             Commissioners
             every
             day
             ,
             and
             make
             any
             persons
             Commissioners
             ,
             being
             naturall
             borne
             subjectes
             to
             the
             King
             ,
             although
             not
             borne
             in
             England
             :
             which
             were
             against
             the
             meaning
             of
             the
             Act
             ;
             which
             meaning
             of
             the
             Act
             is
             the
             life
             of
             the
             Act
             ,
             and
             not
             the
             letter
             of
             the
             Act.
             
          
           
             And
             ,
             besides
             those
             former
             errors
             of
             the
             Commission
             before
             remembred
             ,
             he
             sayd
             ,
             that
             he
             did
             not
             see
             ,
             how
             ,
             by
             colour
             of
             the
             statute
             of
             
               1.
               
               Eliz.
            
             which
             gaue
             power
             to
             the
             Commissioners
             
               to
               execute
               the
               premisses
            
             conteyned
             in
             that
             Act
             ,
             they
             should
             inlarge
             their
             Patent
             to
             enquire
             of
             offences
             
             cōtrary
             to
             other
             statuts
             ,
             made
             thirtie
             or
             fortie
             yeares
             ,
             and
             more
             ,
             after
             
               an
               .
               1.
               
               Eliz.
            
             which
             then
             were
             not
             dreamed
             of
             ,
             nor
             meant
             to
             be
             any
             part
             of
             the
             premisses
             conteyned
             in
             the
             sayd
             statute
             of
             
               anno
               .
               1.
               
               Eliz.
            
             and
             of
             other
             civill
             and
             temporall
             thinges
             ,
             for
             which
             if
             the
             Ecclesiasticall
             court
             had
             held
             plea
             ,
             a
             prohibition
             did
             lye
             at
             the
             common
             law
             ,
             according
             to
             the
             statute
             of
             
               24.
               
               Edw.
               1.
               cap
               :
               1.
            
             and
             
               22.
               
               Ed.
               4.
               fol
               20.
            
             and
             in
             
               13.
               
               Hen.
               7
               :
               fol
               :
               39.
               
               Brooke
            
             and
             
               Fitzh
               .
               fol.
               43.
               22.
               
               Hen.
               8.
            
             because
             ,
             for
             the
             same
             thinges
             ,
             redresse
             may
             be
             had
             at
             the
             common
             lawes
             :
             and
             in
             
               7.
               
               Hen.
               8.
               fol.
               181.
            
             the
             Bishops
             of
             the
             Convocation
             house
             ,
             for
             medling
             against
             
               Doctor
               Standish
            
             for
             a
             temporall
             cause
             by
             him
             disputed
             before
             the
             LL.
             of
             the
             Councell
             ,
             were
             adiudged
             ,
             by
             all
             the
             Iudges
             ,
             to
             be
             in
             danger
             of
             Premunire
             .
             But
             it
             wil
             be
             objected
             ,
             that
             use
             is
             the
             best
             expositor
             of
             the
             statute
             :
             and
             then
             the
             continuance
             of
             this
             Commission
             ,
             since
             the
             statute
             of
             
               1.
               
               Eliz.
            
             being
             aboue
             40.
             yeares
             ,
             will
             prevaile
             much
             ;
             to
             which
             he
             answered
             ,
             that
             long
             use
             ,
             in
             a
             setled
             court
             ,
             maketh
             it
             the
             law
             of
             the
             court
             ;
             and
             the
             iudgments
             in
             one
             Court
             are
             not
             examinable
             in
             every
             other
             Court
             ,
             or
             in
             any
             ,
             but
             in
             the
             proper
             Court
             ,
             by
             
               writt
               of
               error
               ,
               false
               iudgement
               ,
            
             or
             appeale
             :
             vnles
             the
             inferior
             Court
             meddle
             with
             that
             which
             is
             not
             within
             their
             power
             ;
             and
             then
             in
             many
             cases
             their
             iudgment
             is
             
               coram
               non
               Iudice
            
             ,
             and
             so
             voyd
             .
          
           
             But
             this
             Ecclesiasticall
             Commission
             is
             but
             a
             
               Commission
               executorie
            
             ,
             by
             the
             intent
             of
             the
             statute
             of
             
               1.
               
               Eliz.
            
             to
             continue
             so
             long
             as
             should
             please
             the
             Queene
             ,
             or
             King
             ,
             &
             no
             setled
             Court
             :
             and
             was
             meāt
             at
             the
             first
             (
             as
             he
             thought
             )
             to
             haue
             continuance
             for
             a
             short
             time
             ,
             to
             strengthen
             the
             authoritie
             of
             the
             Bishops
             ,
             against
             whose
             Ordination
             and
             installmēt
             the
             Papists
             did
             at
             the
             first
             except
             .
             In
             which
             cases
             of
             things
             done
             by
             Cōmissions
             ,
             whatsoever
             the
             Cōmissioners
             doe
             ,
             it
             is
             examinable
             in
             every
             Court
             where
             it
             shall
             
             come
             in
             question
             ,
             at
             any
             time
             after
             ;
             whether
             that
             they
             haue
             pursued
             their
             Cōmission
             or
             authority
             ,
             in
             due
             forme
             or
             no.
             For
             their
             Decrees
             and
             sentences
             are
             not
             pleadable
             in
             law
             ,
             as
             Iudgments
             in
             Courts
             of
             Record
             are
             :
             and
             the
             many
             yeares
             use
             of
             the
             Commissioners
             ,
             especially
             being
             Ecclesissticall
             men
             for
             the
             most
             parte
             ,
             who
             know
             not
             the
             lawes
             of
             the
             Realme
             ,
             will
             giue
             no
             enforcement
             to
             their
             proceeding
             ,
             if
             it
             be
             contrary
             to
             law
             .
          
           
             But
             as
             in
             this
             Commission
             (
             touching
             causes
             of
             
               Premunire
               ,
               Abiuration
            
             ,
             and
             other
             Cases
             where
             the
             
               forfeiture
               of
               landes
               and
               goods
            
             doe
             ensue
             )
             the
             Commissioners
             Ecclesiasticall
             say
             ,
             they
             use
             not
             in
             these
             cases
             to
             force
             any
             subject
             to
             accuse
             themselues
             ,
             although
             the
             words
             of
             their
             Commission
             doe
             extend
             so
             farr
             ;
             because
             they
             see
             it
             apparantly
             contrary
             to
             law
             and
             right
             :
             so
             the
             Iudges
             may
             say
             the
             like
             ,
             that
             ,
             in
             other
             cases
             of
             lesse
             penaltie
             (
             to
             their
             knowledge
             )
             untill
             of
             late
             yeares
             ,
             the
             Commissioners
             used
             not
             either
             to
             force
             any
             to
             accuse
             themselues
             ,
             or
             to
             imprison
             them
             for
             refusing
             so
             to
             doe
             .
             And
             he
             did
             further
             answer
             ,
             according
             to
             the
             learning
             and
             difference
             which
             is
             taken
             in
             44.
             
             
               Edw
               :
               3.
               fol
               :
               17.
            
             that
             albeit
             the
             allowance
             in
             Oier
             of
             some
             Commssion
             may
             be
             of
             great
             force
             to
             giue
             strength
             unto
             the
             same
             Commission
             ,
             yet
             the
             allowance
             ,
             or
             toleration
             in
             some
             other
             Court
             of
             such
             Commissions
             many
             times
             (
             if
             it
             after
             appeare
             to
             be
             contrary
             to
             law
             )
             bindeth
             neither
             the
             right
             of
             the
             King
             ,
             nor
             subjects
             ,
             but
             that
             the
             Iudges
             of
             the
             law
             may
             judge
             thereof
             according
             to
             law
             .
          
           
             Vpon
             all
             which
             matters
             he
             did
             conclude
             ,
             that
             although
             the
             Commission
             be
             of
             force
             to
             execute
             
               the
               auncient
               Iurisdiction
               over
               the
               Ecclesiasticall
               and
               spirituall
               estate
            
             ;
             yet
             because
             this
             Commission
             ,
             and
             the
             proceedings
             of
             the
             Commissioners
             ,
             did
             much
             vary
             from
             the
             course
             of
             
             
             It
             is
             ,
             in
             construction
             ,
             restrayned
             to
             take
             force
             against
             the
             the
             ould
             Common
             lawes
             of
             England
             ,
             expressed
             in
             the
             statute
             of
             
               42.
               
               Edw
               :
               3.
               cap.
               3.
            
             and
             from
             the
             
               auncient
               Iurisdiction
               Ecclesiasticall
            
             ;
             for
             that
             no
             pretended
             custome
             ,
             against
             those
             statutes
             which
             prohibite
             such
             kind
             of
             proceeding
             ,
             can
             be
             of
             force
             ;
             and
             especially
             for
             that
             the
             Act
             of
             Parliament
             of
             
               1.
               
               Eliz.
            
             did
             not
             giue
             life
             or
             strength
             to
             the
             sayd
             Commission
             ,
             in
             those
             parts
             so
             varying
             ,
             but
             the
             contrary
             :
             therefore
             he
             did
             hold
             the
             proceeding
             of
             the
             Ecclesiasticall
             Commissioners
             against
             the
             subjectes
             ,
             by
             force
             of
             the
             sayd
             Commission
             ,
             in
             these
             poyntes
             ,
             to
             be
             voyd
             ,
             and
             erroneous
             ,
             according
             to
             the
             wordes
             of
             the
             sayd
             statute
             
               42.
               
               Edw.
               3.
            
             and
             did
             humblie
             pray
             ,
             that
             his
             Clients
             may
             be
             discharged
             from
             their
             Imprisonment
             ,
             and
             the
             subjects
             freed
             from
             such
             
               erroneous
               proceedings
            
             ,
             too
             too
             heavie
             and
             burdensome
             to
             them
             .
          
           
             FINIS
             .
          
        
      
    
     
       
         
           
             Lev.
             19.15
             .
          
           
             Ye
             shall
             not
             doe
             uniustly
             in
             iudgment
             .
             Thou
             shalt
             not
             favor
             the
             person
             of
             the
             poore
             ,
             nor
             honor
             the
             person
             of
             the
             mightie
             ;
             but
             thou
             shalt
             iudge
             thy
             neighbour
             iustly
             .
          
        
         
           
             Deut.
             1.17
             .
          
           
             Ye
             shall
             haue
             no
             respect
             of
             person
             in
             iudgment
             ,
             but
             shall
             heare
             the
             small
             ,
             as
             well
             as
             the
             great
             :
             ye
             shall
             not
             feare
             the
             face
             of
             man
             ;
             for
             the
             iudgment
             is
             Gods.
             
          
        
         
      
       
         Notes, typically marginal, from the original text
         
           Notes for div A01338-e760
           
             Fitz
             H.
             f.
             4●
             .
          
           
             4●
             Edw.
             ●
             .
             cap.
             3.
             
          
           
             In
             the
             Tower
             amōgst
             the
             Parliament
             〈◊〉
             .
             15
             ●●
             .
             ●
             .
          
           
             〈…〉
             .
          
           
             Fit●●
             .
             fo
             .
             40
             E●
             .
             ●
             .
             fo
             .
             36.
             
          
           
             
               Ex-rotulo
               Parliamenti
               ,
               de
               an
               .
               2.
               
               H.
               4.
               
               Petitio
               cleri
               c●ntra
               hereti●●s
               .
            
             
               〈…〉
            
          
           
             The
             Petition
             of
             the
             Commons
             .
          
           
             
               The
               answer
               of
               the
               King.
            
             
          
           
             Act.
             &
             Mo
             fol
             539.
             
          
           
             Act.
             &
             Mō
             .
             fol.
             481.
             
          
           
             〈◊〉
             .
             Edw.
             3.
             fol.
             2.
             
          
           
             Acts
             23.35
             .
          
           
             Bra●●
             .
             fol.
             5.
             cap.
             ●●
             .
          
           
             a)
             Stamf.
             fol.
             ●●
             .
          
           
             8.
             
             Hen.
             4.
             fo
             .
             19.
             com
             .
             fol.
             236.
             
          
           
             1.
             
             Ed.
             ●
             .
             ●●
             .
             26
             .
          
           
             Fitz
             H.f.
             31.
             
             H.
             8.
             prohib
             .
          
           
             Bosomes
             Case
             Cooke
             fol.
             35.