of oath before a ecclesiastical judge ex duty the ordinary can enforce a man  to answer general article ex duty note pasch James in the time of the  parliament the lord of the Council of Whitehall demand of Popham chief justice  and myself upon motion make by the Commons in parliament in what case the  ordinary may examine any person ex duty upon oath and upon good consideration  and view of our book we answer to the lord of the Council at another day in  the Council Chamber that the ordinary can constrain any man ecclesiastical or  temporal to swear general to answer to such interrogatory as shall be  administer unto he but ought to deliver to he the article upon which he be to  be examine to the intent that he may know whether he ought by the law to  answer to they and so be the course of the star chamber and chancery the  defendant have the Copy of the bill deliver unto he or otherwise he needs not  to answer to it no man ecclesiastical or temporal shall be examine upon secret  think of his heart or of his secret opinion but something ought to be object  against he what he have speak or do no layman may be examine ex duty except in  two cause and that be ground upon great reason for layman for the most part be  not letter wherefore they may easy be inveigle and entrap and principal in  heresy and error and this appear by a ordinance make in the time of Edward I  title prohibition rastal the word of which ordinance be and quoth non  to let pass quoth otherwise layman in bailiff to sew in some region  to come together and  once recognitiones per juramenta to sew to make nisi in  cause of et relating to wills and the reason that the ecclesiastical judge  shall examine they in these two case be for this that contract of matrimony  and the estate of the dead be many time secret and they do not concern the  shame and infamy of the party as adultery incontinency usury simony hear of  mass heresy c and for this cause in these case and such like the  ecclesiastical judge ought not to examine birth ream upon their oath for as a  civilian say that this be invention  devil and destruend wretched animas and  lower regions  and in the register fol there be a prohibition in this from  to take beforehand flute quoth non to let pass quoth in some way layman and  calling ankle Episc to some place  loco to come together de the other and   once recognitiones fact well sacrament to the one be the exposition of the  other nisi in grammatical case of et relating to wills and there be a  attachment upon it pone per vad ankle Episc quoth sit in person justice  our men  c to stretch out quare fecit summoner et per blame eccles  to draw asunder layman personas well layman man et foeminas and comparend  in person eastern and to juramentum pro will to sew Self against the will in  grave coronae precedent et rank our men  a royal palace nor contra experience  royal power our men  et habeas there nomina plegiorum c testae c by which it  do appear that this be not only against the say ordinance but also against the  custom of the realm which have be time out of mind and also in prejudice of  the crown and dignity of the king and with this agree f n b fol and vide the  case report by the lord dyer but the case be not print Trin Elizabeth one  leigh a attorney of the common plea be commit to the fleet by the high  commissioner in a case ecclesiastical for this that he have be at mass and  refuse to swear to certain article to be propose to he and hold that although  in such case ecclesiastical jurisdiction be save by the statute of Elizabeth  yet they ought not in such case to examine upon his oath and hereupon he be  deliver by all the court of common plea upon the return of the matter upon a  habeas corpus and in mich Elizabeth dyer fol in hind case who will not swear  Commissionariis Eccles super full of joints pro interest  et she de cause  undertaking be Gaolae de Le fleet he be deliver by habeas corpus per all  senate this be also because they can not imprison vide Le statute h cap which  be declaratory as to this point it stand not with the right order of justice  nor good equity that any person shall be convict and put to the lose of his  life good name or good unless it be by due accusation and witness or by  presentment verdict confession or process of outlawry c and it be not  reasonable that any ordinary upon suspicion conceive of his own fancy without  due accusation or presentment shall put any subject of this realm in infamy  and slander of heresy to the peril of life lose of good name or good et Paulo  before the most expert and learned man of this realm diligent lie wait upon  himself can eschew and avoid penalty and danger c if he shall be examine upon  such captious interrogatory as be and have be accustom to be minister by the  ordinary of this realm in case where they willsuspect any man of heresy and  this be the judgement of all the say parliament see f n b justice of peace  lamb in his justice of peace Crompt in his justice of peace in all which it  appear that if any be compel to answer upon his oath where he ought not by the  law thatthisisoppression and punishable before a justice of peace a justice of  assize c for this be a article of charge to inquire of all oppression and as  to that which be object that for a very long time diverse have be examine upon  oath in ecclesiastical court as to this it be answer that it may very well be  and not against law for the word of the treatise or ordinance and of the  register be contra will the dawn c so that if any assent to it and take it  without exception that be not contra will the dawn but to enforce any to take  it who ought not to take it by the law be a great oppression but if any person  ecclesiastical be charge with any thing which be punishable by our law as for  usury c there he shall not be examine upon oath for this that his oath be  evidence against he at the commonlaw and to do it incur the penalty of the  statute but witness may be cite to testify register title consult f n b d also  by the statute Henry cap it be provide that speech Diocessanus per see well  per commissioner swine contra hujusmodi personas c et and all things  law  execution publice et judicialiter to go before et pain hujusmodi c  to set bounds juxta theory  law which word juxta theory  law give they power  to proceed accord to their cannon and exclude the commonlaw and by pretext of  this in the case mention in the say act they examine as well lay-people as  clerk upon their oath concern heresy erroneous opinion c mention in the say  act in the reign of Henry the four Henry the five Henry the six Edward the  four Richard the three Henry the seven unto the time of the say Act of Henry  and for this in the reign of Henry the eight nor in the reign of Edward the  six no layman be examine upon his oath except in the say two case of matrimony  and will but in the reign of queen marry this Act of Henry be revive and then  all the martyr who be burn be examine upon their oath and afterward by the  that Elizabeth the say Act of Henry be repeal by which the commonlaw be in  full force and effect and for this cause all the pretence of possession and  practice which the ecclesiastical court have have be strong answer by this  which have be say that the word of the say treatise and register be contra  will the dawn c and those who have so take it have assent to it and that stand  with law note that king John after he have murder his nephew Arthur and niece  Ellenor the issue of his elder brother Geffrey after he have lose Normandy  Aquitaine and Anjowe after that his Commons for unjust vexation disobey he his  noble revolt from he the clergy oppress by he and that he stand excommunicate  by the pope and his kingdom interdict he for his protection grant by his  charter of maii year  royal power submit himself to the obedience of the pope  and after in the fourteenth year of his reign as one destitute of all succour  and safety and from day to day in fear to lose his crown by another charter he  resign his crown and realm to the pope innocent and his successor by the hand  of pandolph his legate and take it of he again to hold of the pope which be  utter void for this that the dignity be a inherent inseparable to the royal  blood of the king and descendable to the next of blood of the king and can be  transfer to another no more then a duke or earl or baron or other dignity may  transfer over their dignity for these be incident inseparable also the pope be  a alien bear and therefore be not capable of inheritance within England by  colour of which submission and resignation the pope and his successor exact  great sum of the clergy and laity of England pro to alter wholly regret  to  maintain the height and dignity of the pope and for the better enrich of the  coffer of the pope pope Gregory the nine send Otho cardinal de  of to with prison of Tullius into this realm when there be indignation betwixt  Henry the three and his noble to collect money for the pope who do collect  infinite sum of money so that it be say of he quoth bequest to fatten good  England which legate hold his Council at London year  domini and Henry and for  the better findingout offence which shall be redeem with money he with the  assent of the bishop of England there assemble make diverse cannon among which  one be Jus oath charge in cause Church rites  pron. interrog. et de  in point of fact to say in Of likewise ut veritas easily to uncover et cause  quickly determine to cause to stand de the other prestari in royal power  England secundum theory  et fixed by law law spreading before in  opposite direction experience non to stand before c by which cannon it appear  that the law and custom of England be against this examination of the party  defendant upon his oath for it be say to cause to stand de the other prestari  in royal power England so that this be a new law and take its effect de  the other spreading before in opposite direction experience non  to stand before and this very well agree with the register and the say  treatise de regius prohibition and the other authority that the law and custom  of England be that lay-people in criminal cause be they ecclesiastical or  temporal shall not be examine upon their oath only in cause matrimonial and  testamentary otherwise it be of clerk as be aforesaid and for this that it  appear by the say cannon it self that this be against the law and custom of  England whence it follow that this cannon shall not bind for that the law and  custom of England can be change without a Act of parliament for this that the  law and custom of England be the inheritance of the subject which he can be  deprive of without his assent in parliament and it appear in Linwood cap jure  oath fol that Boniface bishop of Canterbury year  and Henry a little before  the death of that king make this cannon to cause to stand quoth layman de  to put under sin et departure to make straight per to bear before et judge  Church rites  to seek after and to de in point of fact to say sacrament per  excommunication opinion si opus to be to turn the war thither to entangle yes  ne hujusmodi juramentum to per interdicae be excommunication opinion  to shut up in which cannon it be to be observe that this extend to lay-people  for as appear the ecclesiastical judge mayexamine those of the clergy upon  their oath and note Linwood cap jure oath fol litter e say so hic to say cause  publishing what  to cause to stand videlicet to bear before Church rites   to go before and to seek after de sin et departure to put under of oneself et  laAci notam hic underprop potestate a master of a time in hujusmodi search  nolverunt to swear falsely de in point of fact to say note well what the cause  be why lay-people refuse to be examine for crime and excess it appear that the  judge of the commonlaw by their prohibition do interdict c as it appear by the  register and the other authority in the time of Edward I and other king  encroachment be make upon the subject which be here call impediment but now  the canon say  To strike against that where by the law they may examine  lay-people upon their oath in cause of et relating to wills here Boniface make  this cannon to extend to sin et departure which cannon be utter against the  law and custom of England in like manner another be make by he at the same  time Linwood cap de be blessed fol which cannon be make direct against the  judge who do award process against they if they do impose any pecuniary pain  and prohibit they the judge with fear of excommunication the cannon be against  law the judge prohibitesthem notwithstanding this thunder of excommunication  in all age and the scope and purpose of the say cannon be to perplex the  subject and to enrich themselves by punishment pecuniary and this be declare  by Act of parliament make Edward call articuli allotment of land si  to bear before to place upon penalty of money some pro sin c regius  prohibition locum to have note this