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
Commissioners
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
Commissioners
,
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
)
continue
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
Commission
is
grounded
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
Commissioners
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
them
,
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
Commons
,
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
land
,
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
them
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
Common
law
,
upon
significavit
,
did
assist
them
by
the
writt
of
Excommunicato
Capiendo
:
Quia
potestas
reg●●
sacro
sanctae
Ecclesiae
d●●sse
non
debet
,
as
is
sayd
in
the
Register
.
But
in
this
case
the
Comon
law
still
reteyned
power
to
discharge
the
subjectes
so
imprisoned
(
upon
an
Excommunicato
capiendo
)
without
assent
of
the
Ordinary
,
Magna
Charta
cap.
29.
which
Charter
,
And
,
in
the
15.
Ed.
3.
the
first
article
of
the
Commons
Petition
in
Parliament
,
was
,
Whereunto
the
King
answered
thus
.
The
King
granteth
for
him
&
his
heires
that
if
any
person
commit
an
act
against
the
forme
of
the
great
Charter
,
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
Excommunicate
persons
to
be
imprisoned
by
any
Ecclesiastical
Iurisdiction
,
limits
by
very
speciall
manner
,
how
they
shall
be
apprehended
by
the
temporall
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
,
Ex-rotulo
Parliamenti
,
de
an
.
2.
H.
4.
Petitio
cleri
c●ntra
hereti●●s
.
〈…〉
supplicatur
,
ex
parte
v●strorum
humilium
oratorum
,
prelatorum
et
cleri
regni
veslr●
.
Angliae
,
quod
cum
fides
catholica
super
Christum
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
aliorum
procerum
r●gni
sui
in
presenti
ꝑliamento
existētium
concessit
,
et
in
singulis
iuxta
forma
etc
:
wherin
the
Commons
are
not
mentioned
.
And
it
is
the
more
likely
that
the
Commons
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
parlement
,
et
ore
ils
supplient
,
que
si
aucun
soit
areste
ou
enprisone
encontre
la
forme
d●l
charte
avant
dict
q
ill
veigne
,
et
appierge
a
sa
responce
,
et
preigne
son
Iugement
,
sicome
le
ley
demande
,
anssi
q
null
tiel
areste
ne
imprisonement
soit
trait
en̄
custome
,
en
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
,
The
answer
of
the
King
.
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
,
q
comen
vn
estatute
suit
sait
en
darrein
parlement
,
en
ces
paroles
:
Ordone
est
en
cest
parlement
,
q
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
q
fuit
parle
de
ce
▪
fuit
sans
assent
de
lour
q
celi
estatue
soit
an●a
ati
car
il
nestoit
mi
lour
entent
iustisiez
ne
obliger
lour
ne
lour
successorers
as
Prelates
plus
q
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
,
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
animae
,
which
is
the
oath
Ex
officio
,
to
accuse
himselfe
)
a
Prohibition
did
lye
at
the
common
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
want
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
,
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
(
iuramentum
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
offendeth
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
locum
habere
debent
;
nam
et
pes●imi
exempli
,
nec
nostri
seculi
est
)
According
to
which
direction
,
Felix
the
governer
of
the
Iewes
under
the
Emperor
,
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
commutation
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
:
Sheriffes
,
Bayliffes
,
[
a)
](A01338-e3020-b)
a)
Stamf.
fol.
●●
.
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
,
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
men
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
from
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
grounded
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
exception
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.
from
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
Commissioners
:
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
Commission
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
;
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
Parliament
▪
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
argument
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
;
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
common
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
,
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
Commissioners
,
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
Commission
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
Commissioners
,
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
them
at
their
discretions
,
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
inheritance
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
from
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
Commissioners
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
Parliament
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
England
,
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
them
to
accuse
themselues
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
themselues
,
as
aboue
)
and
all
and
every
branches
,
articles
,
clauses
,
and
sentences
conteyned
in
the
sayd
several
statutes
,
and
every
of
them
,
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
beginning
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
them
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
ment
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
ment
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
mentioned
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
them
;
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
driven
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
contrary
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
meant
at
the
first
(
as
he
thought
)
to
haue
continuance
for
a
short
time
,
to
strengthen
the
authoritie
of
the
Bishops
,
against
whose
Ordination
and
installment
the
Papists
did
at
the
first
except
.
In
which
cases
of
things
done
by
Commissions
,
whatsoever
the
Commissioners
doe
,
it
is
examinable
in
every
Court
where
it
shall
come
in
question
,
at
any
time
after
;
whether
that
they
haue
pursued
their
Commission
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
.