coke high commission Trin James prohibition memorandum that upon Thursday  before the term of holy Trinity all the justice of England be by the command  of the king assemble in the councilchamber at Whitehall where be also abbot  archbishop of Canterbury and with he two bishop and diverse civilian where the  archbishop do complain of prohibition to the high commissioner out of the  common plea and the delivery of person commit by they by habeas corpus and  principal of sir William chancy where I defend our proceed accord to the  treatise which I make of it and which I deliver before the high commissioner  and after great disputation betwixt the archbishop and I at the last the  archbishop say that he have a point not yet touch upon in my treatise which  will give satisfaction to the lord and to we also without question upon which  he will rely and that be the clause of restitution and annexation sure and  that all such jurisdiction privilege superiori coke report er p tie and  preeminence spiritual and ecclesiastical as by any spiritual power or  authority have heretofore or hereafter lawful may be exercise or use for the  visitation of the ecclesiastical state and person and for reformation order  and correction of the same and of error heresy schism c shall for ever by  authority of this present parliament be unite and annex to the imperial crown  of this realm and it be say that the king h and Edward give power by their  commission under the great seal to diverse to impose mulet c in spiritual and  ecclesiastical cause c and upon this he conclude that inasmuch as this have be  use before Elizabeth this be give to the queen Elizabeth and her successor  also inasmuch as by the statute of h and h the jurisdiction coke  ecclesiastical may fine and imprison in certain particular cause  ecclesiastical for this cause jurisdiction to fine and imprison in all  ecclesiastical cause be give to the king and this be say he utter to the  intent that this may be answer to which I for a time give this answer that it  be good for the weal public that the judge of the commonlaw shall interpret  the statute and act of parliament within this realm and that if such  interpretation ought to be make what he urge be absurd and against law and  reason for diverse cause for that if such word lawful be omit that yet this  Act as appear by the title and preamble be a Act of restitution ought to be  intend of lawful jurisdiction privilege c these word heretofore have or  hereafter lawful may be exercise c this word lawful extend as well to time  pass as to time future and all this be affirm by all the justice it be say by  I that before the statute of Elizabeth no ecclesiastical judge may impose a  fine or imprison for any ecclesiastical or spiritual offence unless there be  authority by Act of parliament and this be so affirm by all the justice that  although in some case they may fine and imprison therefore to say that by this  clause in all case they may fine and imprison be so manifest that it be not  worthy any answer but now I have see the commission make to Cromwell the king  vicegerent and other commission to other by his appointment for this that he  be employ in the affair of the kingdom in which commission be these word vide  my book of precedent the commission at large and afterward in this very term  the privycouncil send for the justice of the common plea only and there the  reason and cause of the say resolution be large debate and opposition be make  as much as may be by Egerton Lord chancellor but the justice of the common  plea remain constant in their former opinion and afterward the Council send  for the chief justice of the king bench justice William justice croak Tanfield  chief baron snigge Altham and Bromley who be not acquaint with the reason and  cause of the say rule of the common plea nor do they know for what cause they  come before the Council and hear the Lord chancellor affirm that the high  commissioner have always by the Act of Elizimposed fine and imprisonment for  exorbitant crime without any conference with we be of a sudden opinion with we  without any conference among themselves and without hear of the matter debate  and after at another day this very term the say judge of the king bench baron  of the exchequer and justice Fenner and Yelverton who be omit before and we  the justice of the common plea be all command to attend the privycouncil and  when we all be assemble we of the common plea be command to retire for that as  the Lord treasurer say we have contest with the king and in our absence the  king and the prince sit with the Council and then the justice of the king  bench and baron of the exchequer be question seriatim with the Council and the  king demand their opinion in certain point concern the high Commission with  which they be not acquaint before which be not relate to we in all which as  appear after they be not unanimous agree and after two hour and a half we the  justice of the bench coke walmesley Warburton and foster be command to come  before the king the prince and the Council where the king declare that by the  advice of his Council and by the advice of the justice of the king bench and  baron he will reform the high Commission in diverse point coke and reduce it  to certain spiritual cause the which after he will have to be obey in all  point and coke report er p the Lord treasurer say that the principal feather  be pluck from the high commissioner and nothing but stump remain and that they  shall not intermeddle with matter of importance but of petit crime and the  word erre be general shall be explain and no obligation shall be take of the  party as before absurd and unjust as he say have be take and diverse other  thing be reform as be say but he do not declare they in particular to which it  be say by I to the king that it be grievous to we his justice of the bench to  be so sever from our brother the justice and baron but more grievous that they  differ from we in opinion without hear one another and especial forasmuch as  we have proceed in the case of sir William chancy and other case concern the  power of the high commissioner in impose of fine and imprisonment judicial in  open court upon argument at the bar and the bench where it be resolve by we  that the high commissioner can fine and imprison but in certain case and the  judicial course ought to be judicial reverse but I say to the king that when  we the justice of ten common plea see the commission new reform we will as to  that which be of right seek to satisfy the king expectation and so we depart  without any demand of our opinion