Q if high commissioner have power to imprison note mich James post lunch there  be move a question among the judge and sergeant at sergeant inn if the high  commissioner in ecclesiastical cause may by force of their Commission imprison  any man or no first of all it be resolve by all that before the statute of  Elizabeth cap the king may have grant a Commission to hear and determine  ecclesiastical cause but then notwithstanding any clause in their Commission  the commissioner ought to proceed accord to the ecclesiastical law allow  within this realm for he can alter neither his temporal nor his ecclesiastical  law within this realm by his grant or Commission vide Caudrey's case five  report and they can not in any case have punish any delinquent by fine or  imprisonment unless they have authority so to do by Act of parliament then all  the question rest upon the Act of Elizabeth which as to this purpose rest upon  three branch such commissioner have power to exercise use occupy execute all  jurisdiction spiritual and ecclesiastical such commissioner by force of letter  patent have power to visit reform c all heresy c which by any manner of  spiritual or ecclesiastical power c can or lawful may be reform c so that  these branch limit the jurisdiction and what offence shall be within the  jurisdiction of such commissioner by force of letter patent of the king and  this be all and only such offence may lawful be reform by the ecclesiastical  law the three branch be that such commissioner after such Commission deliver  to they so authorize shall have power and lawful authority by virtue of this  act and the say letter patent to exercise use and execute all the premise  accord to the tenor and effect of the say letter patent this branch give they  power to execute their Commission but it be object that this branch do not  give the queen power by her letter patent to alter the proceed of the  ecclesiastical law or give to the queen absolute power by her letter patent to  prescribe what manner of proceed or punishment concern the land good or body  of the subject and this appear by the title of the Act restore to the crown  the ancient jurisdiction so that the intent be to make restitution and not any  innovation in the proceed or punishment and it be observe that this last  branch give to they power to execute all the premise accord to the tenor and  effect of the say letter patent so that these word so authorize in the say  letter patent have relation only to the authority of the letter patent before  specify Viz such as give to they power to visit reform redress order correct  and amend all error heresy schism abuse contempt and enormity whatsoever which  by any manner of spiritual or ecclesiastical power can or may lawful be reform  c these be the tenor and effect of the letter patent before remember and if  any other construction shall be make it shall be against the express letter  scilicet say letter patent it shall be full of great peril and inconvenience  for then not only imprisonment of body but confiscation of land good c and  some corporal punishment may be impose for heresy schism incontinence c also  power may be give to they to burn any man for heresy which will be against the  commonlaw of the land vide a notable case adjudge in this point hill Elizabeth  fol as to imprisonment smith case for at the last consultation be grant and at  last by the better opinion as to thing commit to they by Commission they may  put fine and imprisonment