ccxvi FRANKWELLS case in trespass for carry away of tithe the case be that  Frankwell parson of the church of d be accuse in form law before the high  commissioner who Leonard er p plead that the same cause and crime be prosecute  against he in the arch and pray that he may not be double vex for one and the  same offence and notwithstanding that he be deprive and another clerk present  to the same church by the patron and be admit institute and induct and upon  entry bring trespass against the former incumbent and note the manner of the  deprivation as it be find by verdict that the bishop of London with the assent  of the other commissioner give sentence of deprivation against he and it be  show that the high commissioner have not power by Elizabeth to give sentence  of any thing which be defendant in another court for it be not the intent of  the say Act to take away the jurisdiction of the other ecclesiastical court  for then it be in vain to have such court it be also move because the plead be  that the bishop of London ex assent of the other commissioner give sentence  the same be a void sentence for it ought to be the sentence of all the  commissioner for they shall have equal authority and to this purpose he cite  the case h dyer where a lease be make of land whereof the dean and chapter be  seize in common per nomen decani ex assent general consensus all little head  but it be hold a void lease for the chapter ought to be party to such lease  contrary where the lease be make of the land which be the proper and peculiar  inheritance of the dean but that exception be not allow for the form of entry  in all case have always be so coke situation that the commissioner ought not  to proceed in this case yet because they have go do the same ought not to be  examine here for the judge here ought to think that this deprivation be duly  make for whoever it be credend in svan art which wrey grant and it be say by  he that the court be create for two cause for the expedition of the cause  depend in the spiritual court to give to such judge authority to punish  offence in more high degree for before they can not but only excommunicate but  now they may imprison and if the party have libel against he in the spiritual  court of the arch it be no reason but that the party for his own expedition  and for to procure due punishment against the offender may send the cause into  the high court and after judgement be give accord to the deprivation and  afterward error be bring thereupon and the error assign upon the matter in law  whether the say deprivation be lawful or not coke l remember the reason of the  judgement give by the court be that admit that the sentence of the high  commissioner be erroneous yet it shall bind until it be reverse by appeal  Fenner if the party grieve may be restore by appeal I agree that such sentence  shall bind until it be reverse but in our case no appeal lie from the high  commissioner wherefore we ought to be help here or otherwise we be without  remedy coke if the delegate give sentence no appeal lie and yet the party  grieve shall Leonard not be help here Fenner Elizabeth one fox be deprive the  last day of the parliament for incontinency which offence be pardon by the  same parliament and that sentence of deprivation be hold void Anderson in your  case the offence it self be pardon and discharge also it be against a general  statute of which every one ought to take notice periam when the case be in the  common plea it be move if of a sentence give by the high commissioner a appeal  do lie and it be certify by clark doctor of the civil law that it do for the  commissioner be as the delegate of the queen and as by the canon law one may  appeal from the delegate of the pope unto the person of the pope so now one  may appeal from the high commissioner to the person of the queen see for that  h another error be assign because that the commission give authority to the  commissioner to adjudge upon confession of the party or upon the witness but  here none of these two way be find by the verdict but sentence be give upon  his plea that he be sue in the arch for the same cause and so they have not  pursue their authority for the Act be that such commissioner shall have  authority by virtue of the say Act and of the say letter patent to exercise c  and they be direct by the letter patent that they shall proceed upon due proof  have by confession or true witness to give sentence periam although they have  not observe the due form prescribe unto they by the letter patent yet such  sentence be not void Anderson if the party appear and will not answer it shall  be take pro acknowledged admitted fact and he shall be condemned   Inst  Leonard er p trin Elizabeth in the common plead