coke b richard peacock case Trin James in the starchamber commissioner to  examine witness upon interrogatory be not strict tie to the word of the  interrogatory but their duty extend to every thing which necessary arise  thereupon for the manifestation of the whole truth concern the matter in  question a commissioner ought not before publication to discover to any of the  party the matter which any witness have depose nor after he have begin the  examination ought he to confer with the party to take new instruction to  examine further it be not a principal challenge that one return of the jury be  choose commissioner by the other party for examination of witness in the court  of chancery but it be a principal challenge that one return of the jury be a  arbitrator for the other party notam this term in the starchamber in the case  between sir George reynell plaintiff and Richard peacock and other defendant  where I h and another be commissioner to examine peacock upon interrogatory  draw by the plaintiff and peacock be examine will have declare the whole truth  which I h be a commissioner choose by the plaintiff will not suffer he to do  but hold he strict to the interrogatory so that the truth can not appear and  that be hold by the Lord chancellor the two chief justice chief baron and the  whole court of starchamber a great misdemeanour for it be a murder of the  truth and right as the statute of Exeter speak et per quod the whole of the  laws veritas to throttle as it be say in capite journey and commissioner to  examine ought to be a Inst a indifferent and by all mean to express the truth  and they be not b Inst b strict tie to the word of the interrogatory but to  every thing also which necessary arise thereupon for the manifestation of the  whole truth concern the matter in question also the say I h when he be in  examination go out of the place to the plaintiff who be in another room near  to he and have secret conference with he and it be hold per totan curian that  a commissioner ought not before publication of the witness c Inst c to  discover to any of the party the matter which any witness have depose nor  after he begin to examine upon the interrogatory to confer with the party to  take new instruction to examine far than be know before and if he shall so do  these be great misdemeanour punishable coke a by a Cr James a fine and  imprisonment for if these shall be permit perjury will in these day abound and  forasmuch as in the starchamber and exchequerchamber the court proceed upon  examination of witness if the truth shall be by such mean suppress and falsity  certify in the examination so the innocent will be oftentimes punish or the  guilty escape punishment and justice and right will be utter subvert for as it  be common say the suppression of truth be the oppression of the innocent and  the Lord chancellor say that he beard in the common plea in the time of sir  James dyer then chief justice of the common plea that it be resolve by the  court that it be not a principal challenge to say that one return of a jury be  choose commissioner b   light b roll b by the other party for examination of  witness in the court of chancery for every commissioner be make and constitute  by the c Cr James Yelv Qure c king who be the bead of justice by his  commission under the great seal and therefore he be commissioner upon record  be presume coke report b er p in law to be indifferent but otherwise it be of  a d   light a b roll Br challenge h b e a Fitzherbert challenge d arbitrator  for he be create only by the submission of the party themselves in the country  and therefore it be a principal challenge to say that such a one return of the  jury be a arbitrator for the other party and therewith agree h b e e h b and  the court have so great dislike of the proceed of the say I h that the say  attorneygeneral be order to prefer a information against he for the say  misdemeanour and in the mean time he be put out of the commission of the peace