Nicholas full case ecclesiastical Commission in the great case of Nicholas  full of grays inn these point be resolve upon conference have with all the  justice and baron of the exchequer that no consultation can be grant out of  the term for this that it be a award of the court and be final and can be  grant by all the judge out of the term nor by any of they within the term out  of court and the name of the Writ Viz a Writ of consultation import this that  the court upon consultation among they ought to award it that the construction  of the statute Elizabeth cap and of the letter patent of high Commission in  ecclesiastical cause find upon the say Act belong to the judge of the  commonlaw for although that the cause the cognizance of which belong to they  be mere spiritual and the law by which they proceed be mere spiritual yet  their authority and power be give to they by Act of parliament and letter  patent the construction of which belong to temporal judge and for this the  consultation which be grant be with this restraint quatenus non  to put in motion de authority et strength a letter to stand open pro cause  Church rites  thou well some your direct or de exposition et interpretation  to cause to stand de year  primo recently queen c in the same manner as if the  king have a benefice donative by letter patent although that the function and  office of the incumbent be spiritual yet inasmuch as he come to it mere by  letter patent of the king he shall not be visitable not deprivable by any  ecclesiastical authority but by the chancellor of the king or by commissioner  under the great seal it be resolve when there be any question concern what  power or jurisdiction belong to ecclesiastical judge in any particular case  the determination of this belong to the judge of the commonlaw in what case  they have cognizance and in what not for if the ecclesiastical judge shall  have the determination of what thing they shall have cognizance and that all  that appertain to their jurisdiction which they shall allow to themselves they  will make no difficulty to widen jurisdiction to sew and accord to this  resolution bract lib tract de except cap fol come judge ecclesiasticus  prohibition a king to take supersedere debet in omni grammatical case at least  donet to agree in senate regius and how to stretch out jurisdiction because si  judge ecclesiasticus to determine the value of debet a to sew be jurisdiction  in omni grammatical case indifferently to go before non to stand before regius  prohibition vide entry fol there be a question whether the court Christian  shall have cognizance of a lamp and a prohibition be grant quoth non  to go before in senate Christian until what time in senate our men  a dashing  to be utrum getting to know  plea mock and senate our men  well and forum  Church rites  to stretch out and if the determination of a thing which appear  to court Christian do appertain to the judge of the commonlaw and the judge of  the commonlaw have power to grant a prohibition and all this appear in our  book that the judge of the commonlaw shall determine in what case the  ecclesiastical judge have power to punish any pro injury trust Henry fol Henry  Edward so of the bind of parish in Henry Edward so it belong to the judge of  the commonlaw to decide who ought to certify excommunication and to reject the  certificate when the ordinary or commissary be party Edward Edward Edward  Edward Henry Henry for this it be resolve clear that if any person slander the  authority or power of the high commissioner this be to be punish before the  judge of the commonlaw for that the determination of their authority and power  which be give to they by the statute and the letter patent of the king belong  to they and not to court Christian and for this that the many article object  against full concern the slander of their authority and power be sole  determinable and punishable before the judge of the commonlaw one other  restraint be add in the consultation et quatenus non to put in motion de some  temptation to sin contempt  seu other rebus who and common feature law or  to cause to stand royal power our men  England are to punish et determinand it  be resolve that if a counsellor at law in his argument shall scandal the king  or his government temporal or ecclesiastical this be a misdemeanour and  contempt to the court for this he be to be indict fine and imprison and not in  court Christian but if he publish any heresy schism or erroneous opinion in  religion he may be for this convene before the ecclesiastical judge and there  correct accord to the ecclesiastical law for the rule be quoth non be law  consonant quoth quis pro other who in senate our men  acta are quorum  getting to know  and our to stretch out to draw in placitum in senate  Christian as it appear in the book of entry fol so that the intent be that  heresy schism or such enormous opinion in religion do not appertain to the  cognizance of temporal court for this Macedonian type of hat consultation be  grant quoad schism divide heresy et inormiam of persons well pernitiosam  belief in religion faith seu education Christiana pie et wholesomely  to make firm infra kingdom nostrum England quorum getting to know  and forum  Church rites  observe c vide mich Henry rot in banc king the case be that a  leet be hold Jupiter post holiday consecrated mich arch Henry of the prior of  the house of S John de Bethlehem de Sheine of his manor of Levisham in the  county of Surrey before John bear the steward there a grand jury be charge to  inquire for the king of all offence inquirable within the say leet where one  Philip Aldwin who be resident within the say leet appear at the say leet  the same Philippus sciens a certain margaretam wife John Aldwin at east  Greenwich infra jurisdiction Letae prediction pluries perantea corpus suum in  adultery full of faults to drive ac volens self margaretam pro to make public  in exemplum in such a manner  to hit willing legitime to punish and dictam  great to swear falsely see of to hold forth the same such to swear falsely de  dictam mala viciosa vita to say beforehand margaretae an array et  informationemveraciter devoted to upon which the say Margaret do draw the say  Philip into the court of the arch bishop of Canterbury and there do libel  against he for defamation of adultery and that the say Philip say in haec  England word Margaret Allen be a whore and a bawd and it be not yet three week  ago since a man may take a priest betwixt her leg which English word be parcel  of the word by which he inform the grand inquest at the say leet and upon this  he have by award of the court a prohibition by which Writ it appear quoth per  law what  royal power England all one whoever domini king to put under  in person whoever Self domini king justice seu wherever elsewhere man  judiciali duty secular  to busy oneself in largely to swear falsely  native land being under oath well and  once an array seu a representation some  hujusmodi jurat in evidence to hand over to be evident et evidence  to hand over ab omni action of attacking et charge in largely senate Christian  therefore fiend at rest et unconstrained be to withhold et in continuous  inside irreprehen and by this record it appear by the statute of Edward c by  which it be provide that indictors of lie people or clerk in tourney and after  deliver they before justice shall not be sue for defamation in court Christian  but that the plaintiff who find himself grieve shall have a prohibition from  in the chancery upon his case which be but a affirmance of the commonlaw for  that the statute provide only for indictors in the turn only and yet as well  all indictors in other court and all witness and all other who have affair in  the temporal court shall not be sue or molest in court Christian vide pasch  Elizabeth in the report of the lord dyer which case be not print John hall in  the case of marriage between the earl of Hereford and the lady Katherine grey  declare his opinion against the sentence give by commissioner delegate of the  queen in a cause ecclesiastical under the great seal and that the say sentence  in dis-affirmance of the say marriage be unjust wicked and void and that he  think that the say judge delegate have do against their conscience and can not  render any reason for the say sentence and what offence this be be refer to  diverse judge to consider by who upon great deliberation it be resolve that  this offence be a contempt as well against the queen as to the judge and every  of they be punishable by the commonlaw by fine and imprisonment and that the  queen may upon that sue for it in what court she shall plead for the slander  of a judge in point of his judgement be it true or false be not justifiable c  and all this appear by the report of the lord dyer so that in the say  consultation it be well provide that the high commissioner shall not  intermeddle with any scandal by the commonlaw it be resolve that when any  libel in ecclesiastical court contain many article if any of they do not  belong to the cognizance of court Christian a prohibition may be general grant  and upon motion make consultation may be make as to thing which do belong to  the spiritual jurisdiction for the Writ of consultation with a quoad be  frequent and usual but a prohibition with a quoad be of loose avis in land  nigroque like swan and for these reason it be resolve by all that the  prohibition in the case at the bar be well grant which in truth be grant by  Fenner and crook justice in the time of the vacation note these general rule  concern prohibition quaesparsiminveniantur in scales our men  non debet form  to stretch in precedent Church rites  freedom quoth pro king repub relative  to see non be law consonant quoth quis super ii quorum getting to know  and  our to stretch out in senate Christian to draw in placitum bishop to hold  placitum in senate Christian de ii who mere are Of to hold before de the other  hospital Templariis ne de the other to draw  once in placitum in person  a keeper privilegior de largely re pron. interrog. getting to know  and forum  observe of a king non  to go away calling before to press out super how re  fieri debet calling the knowledge of all case testamentary matrimony c by the  goodness of the prince and by the law and custom of the realm appertain to  spiritual jurisdiction it be resolve that this especial consultation be only  for heresy schism and erroneous opinion c that if they convict full of heresy  schism or erroneous opinion c that if he recant the say heresy schism or  erroneous opinion that he shall never be punish by ecclesiastical law and  after the say consultation grant the say commissioner proceed and convict full  of schism and erroneous opinion and imprison he and fine he two hundred pound  and after in the same term full by his Council move the court of king bench to  have a habeas corpus et ei  to go away upon which Writ the gaoler do return  the cause of his detention