praemunire praemunire vide h praemunire be at the commonlaw note in the book  of doctor cosines entitle a answer c to the abstract and publish and a  pamphlet now late publish by doctor Ridley they will obtrude upon the world  that forasmuch as that now by the act of Elizabeth cap all spiritual and  ecclesiastical power within this realm be annex to the crown and the law by  which they determine cause which belong to their cognizance be the  ecclesiastical law of the king that for that cause no praemunire lie against  any spiritual judge for any Cause whatsoever and some other of their  profession have some other reason to confirm it that when the statute of  praemunire be make Viz in the reign of the king Edward the three and Richard  the second then the pope usurp ecclesiastical jurisdiction although that de  jure it belong to the king and therefore forasmuch as the king be as well de  facto as de jure supreme head of all as well ecclesiastical as temporal now  the Cause be change the law be change also the conclusion of the Writ of  praemunire be in domini king contempt  et precedent et speech coronae rank  a people of India injury et exhaeredationem palpable et contra form  to cause to stand c which prove that the jurisdiction shall be now sever and  unite to the crown for that which be unite to and derive from the crown can be  say contra crown et rank king the court of high Commission be the court of the  king and be by force of a act of parliament and letter patent of the king and  for this although it may be say that the consistory court be curiae  an overseer yet the court by force of high Commission be the court of the king  and for that reason their proceed shall not be subject to praemunire this new  court be erect by act of parliament and letter patent of the king and for this  where the statute of Richard speak de senate Romana seu alibi c this alibi can  extend to a court erect by parliament year  Reg Elizabeth but to these  objection it be answer and resolve by diverse justice in this very term that  without question the statute Edward r c de praemunire be yet in force and all  such proceed by colour of ecclesiastical law before any ecclesiastical judge  who be in danger of praemunire before the say act Elizabeth be now in case of  praemunire after the say act be it before the commissioner by force of a high  Commission or before bishop or other ecclesiastical judge for the say act of  praemunire be not repeal by the say act Elizabeth and as to the first and  second objection it be answer that true it be that the crown of England have  as well ecclesiastical as temporal jurisdiction de jure annex to it as appear  by the resolution in Cawdries case from age to age and although this be de  jure yet when the pope become so potent and powerful he do usurp upon the king  ecclesiastical jurisdiction within this realm but this be but mere usurpation  for the king can be put out of the possession of any thing which belong to his  crown and for this reason all the king of this realm all man hence for the  establishment of their temporal law by which they inherit the crown and by  which they govern their subject in peace and punish those who be rebellious or  who commit great offence against they and their crown and they be always  jealous lest any part or point of their temporal law shall be encroach upon  and for this if the ecclesiastical law usurp any thing upon the temporal law  this be severe punish and the offender esteem and adjudge a enemy to the king  by the ancient statute and every one may have kill he before the statute  Elizabeth and this be the reason for why although both jurisdiction belong to  the crown yet inasmuch as the crown itself be direct and descendable by the  commonlaw and all treason against the crown punish by this law for this cause  when the ecclesiastical judge usurp upon the commonlaw it be say contra crown  et rank c and all the prohibition direct to the high commissioner from year to  year from the time of the make of the say statute Elizabeth do conclude contra  crown et rank palace for as it be resolve by all the justice pasch James king  be contra crown et rank palace when any ecclesiastical judge do usurp upon the  temporal law because as in all those writ it appear the interest or cause of  the subject be draw and other examen that be when the subject ought to have  his cause end by the commonlaw whereunto by birthright he be inheritable he be  draw in other examen videlicet to be decide and determine by the  ecclesiastical law and this be true say contra crown et rank palace and this  appear by all the prohibition which be infinite which have be direct to the  high commissioner and other after the say act Elizabeth a strong he who offend  in praemunire shall be say to offend contra crown et rank palace and this in  effect answer to all the aforesaid objection but yet other particular answer  shall be give to every of they as to the three although the court by force of  high Commission be the court of the king yet their proceed be ecclesiastical  and for this if they usurp upon the temporal law this be the same offence  which be before the say act of Elizabeth for this be the end of all the  ancient act that the temporal law shall not in any manner be emblemished by  any ecclesiastical proceed as to the four although it be a new court yet the  ancient statute extend to it within this word alibi and diverse new bishopric  be erect in the time of Henry the eight and yet there be never any question  but that the ancient act of praemunire extend to they but to answer to all the  objection aforesaid find upon the say statute of Elizabeth out of the word and  meaning of the same act for whereas the act Elizabeth repeal the statute of p  m c there be a express proviso in the say act Elizabeth that that shall not  extend to repeal any clause matter or sentence contain or specify in the p m  which in any sort touch or concern any matter or cause of praemunire but that  all of that which do touch or concern any matter of praemunire shall stand in  force and effect and the clause of p m which concern matter of praemunire be  such every person who by any process out of any ecclesiastical court of the  realm or out of it or by pretence of any spiritual jurisdiction or otherwise  contrary to the law of the land unquiet or molest any man for any thing parcel  of the possession of any religious house shall incur the danger of the act of  praemunire a Richard which prove that as well the act p m as the act Elizabeth  which create the high Commission court which refer to the act of p m intend by  express word that the act of Richard of praemunire shall stand in force also  the act of Elizabeth revive the Act of Henry cap which make a praemunire in a  dean and chapter c for not elect nor certify or not admit of any bishop elect  by which it be direct prove that the act Elizabeth never intend to take away  the offence of praemunire but express provide for it as appear by that which  have be say but then we be to note in what case a praemunire lie in what not  prima maxim and for this that it be so penal it be necessary that it shall be  explain and make know maxim prima in all case when the cause original belong  to the cognizance of the ecclesiastical court and suit be prosecute there in  the same nature as the cognizance belong to they although in truth the cause  all circumstance be disclose belong to the court of the king and to be  determine by the commonlaw yet no praemunire lie in that case but a  prohibition as if tithe be sever from the nine part and be carry away if the  parson sue for the subtraction of these tithe in the spiritual court this be  not within the case of praemunire for it may be that the plaintiff do not know  that they be sever from the nine part nor that they be carry away nor may the  ecclesiastical judge know any thing of it Andal though that the defendant  plead this yet the ecclesiastical court may proceed to try the truth of it  without danger vide Henry accord with this opinion so if a parson sue for  tithe of wood surmise that they be silvae adj under the age of twenty year  where in truth they be above the age of twenty year in which case by the  statute of Edward tithe ought not to be pay yet a prohibition lie and no  praemunire maxim sencundam but although the cause original may appertain to  the cognizance of the ecclesiastical judge yet if he sue for it in the nature  of a suit which do not belong to the ecclesiastical court but to the commonlaw  there a praemunire lie as in the case put before if the parson after the sever  of tithe will in any ecclesiastical court within this realm sue for carry away  his tithe sever from the nine part which action by matter apparent to the  ecclesiastical court appertain to the commonlaw in such case both the actor  and the judge incur the danger of a praemunire and so it be adjudge in Henry  as Spilman report it one turbervile sue a praemunire against a parson who by  citation convene he into the ecclesiastical court within this realm and there  libel against he for take of tithe which be sever from the nine part and the  parson be condemn and have judgement that he shall be out of the protection of  the king and forfeit all his land good and chattel and his body to perpetual  imprisonment and damage to the party so if a mortuary be deliver to a parson  and after the party retake it if the parson sue for this as for a mortuary to  he deliver and carry away he be in case of a praemunire but after the reprisal  if he sue for it as mortuary not execute in nature of a suit which belong to  court Christian upon the truth of the case there be cause of prohibition and  no praemunire lie vide Henry so the case which have be put of suit for tithe  of wood if the parson sue for tithe of wood above twentyyearsgrowth so that it  appear by the libel that the cognizance of this case do not belong to court  Christian videlicet to the court of the archbishop of Canterbury the  praemunire lie as you may see in the book of entry title dime fol but in the  title prohibition fol division dime pl if the suit be pro silva adj c so that  as the suit be frame the cognizance belong to court Christian although that  the truth be otherwise there a prohibition lie and no praemunire for when the  cause original belong to the cognizance of the ecclesiastical court although  they hold plea of any incident to it which belong to the commonlaw there  prohibition and not praemunire maxim third when the cause original belong to  the cognizance of the commonlaw and not to the ecclesiastical court there  although they libel for it accord to the course of the ecclesiastical law yet  the praemunire lie for this that this draw the cause which be determinable at  the commonlaw and other examen videlicet to be decide by the civil or  ecclesiastical law and so deprive the subject of the benefit of the commonlaw  which be his birth right and with this agree the book of entry title  praemunire fol b and a where it be put for a rule quoth placita complaint et  possession the earth et property transgr debtor et another  entirely similar  infra kingdom England put in and owner king and royal crown et rank urge  specifically et non and forum Church rites  pertinent indeed  I r c  to contrive skilfully owner king et crown et rank urge to disinherit et  getting to know  who and senate domini king to stretch out and other examen  infra kingdom suum England in senate Christian in person a wonder official c  to draw c a certain point of time and to follow Self r in by the same route  senate Christian in person a saying beforehand which treat of duties pro  debt is owed l et Self r in by the same route senate a saying beforehand I a  ind responsum harp c so that if the original cause be temporal although that  they proceed by citation libel c in ecclesiastical manner yet this be in  danger of praemunire and the reason of this offence be express in the Writ for  this that he endeavour to draw getting to know  cause who and senate domini  king to stretch out and other examen which be as much as to say that the debt  the cognizance whereof belong to the court of the king and to be determine by  the commonlaw he intend by the original suit to draw it to be determine by the  ecclesiastical law and note in the indictment of praemunire against cardinal  Wolsey mich Henry it be say quoth prediction cardinal c intend finally anti  quissimas England law inside to turn upside down et to enervate all together  hoc kingdom England et the same England poplar tree law of the empire vulgo  speech law courtesy et the dawn law Canonibus in continuous  To bring under the yoke et to throw under c and this be include within these  word and other examen to draw videlicet to decide that by the civil and  ecclesiastical law which be determinable by the commonlaw and upon this be a  notable case in hill a Henry the case of Nich bishop of Norwich against who he  then be in thecustody of the Marshalsea the king attorney prefer a bill of  praemunire and the matter of the praemunire be such within Thetford in the  county of Norfolk have be de tempore pron. interrog. c such custom that all  ecclesiastical cause arise within that town shall be determine before the dean  of the same town who have within it peculiar jurisdiction and that none in the  same town shall be draw in plea in any other court Christian for  ecclesiastical cause unless before the same dean and if any be against the say  custom draw in suit before any other ecclesiastical judge and this be present  before the mayor of the same town that such party shall forfeit S d and that  one such sue in the consistory of the say bishop for a thing arise within the  say town of Thetford and this be present before the mayor of Thetford accord  to the custom for which he have forfeit S d the say bishop cite the say mayor  to appear before he at his house in Hoxin in Suffolk general pro salute mind  and upon appearance libel pro parole upon all the matter and enjoin he upon  pain of excommunication to annul the say presentment before a day and upon a  praemunire bring for this matter and the say bishop have counsel learned  assign he and they object that as well the say presentment as the say custom  be for diverse cause void and therefore it can be say contra crown et rank  palace nor have the bishop draw the party and other examen for it ought not to  be examine in any court they object that the court of the bishop be not intend  within the act of Richard but in senate Romana or alibi and this alibi ought  not to be intend out of the realm but it be resolve by Fitzherbert James chief  justice et per all senate that be the custom and presentment good or not this  be a temporal thing and determinable by the commonlaw and not examinable in  the spiritual court and for this the bishop in this case have incur a  praemunire that alibi extend as well to the court of the bishop and other  ecclesiastical court within this realm as elsewhere and so the court say that  it have be often time adjudge upon which the say bishop the matter of the  indictment be true confess the say indictment and upon this appear the  secondary justice give judgement against he that the say bishop shall be out  of the protection of the king and that his land good and chattel shall be  forfeit to the king and his body to be imprison and will king c