coke high commission Trin James the high commissioner can by force of the stat  Elizabeth send a pursuivant to arrest any person subject to their jurisdiction  to answer to any matter before they but they ought to proceed accord to  ecclesiastical law by citation and if in resist the arrest the pursuivant send  by the commissioner be kill it be not murder a alter by stat Vid I black Com  Com dig officer king b alter by stat I Ann saint cap Vid I black Com coke  report er p Note Neither the starchamber nor chancery award any messenger to  arrest the body until a contempt make but first a subpoena c go before post  this term it be resolve per totan curian in common banc videlicet coke chief  justice Walmsley Warburton Daniel and foster in the case of Allan ball that  the high commissioner a can by force of the Act Elizabeth cap send a  pursuivant to arrest any person subject to their jurisdiction to answer to any  matter before they but they ought to proceed accord to ecclesiastical law by  citation for the statute of Elizabeth do not give they any such authority to  arrest the body of any subject upon surmise and although that it be comprise  within their commission that they may send for any by pursuivant c yet  inasmuch as this have no foundation upon the Act of Elizabeth the king by his  commission can alter the ecclesiastical law nor the proceed of it for the Act  say that the commissioner shall exercise use and execute all the premise  accord to the privilege of the Act accord to the say letter patent id be the  letter patent which be mention and authority before for this be imply within  this word say and for this without question the commission only without the  Act can alter the proceed of the ecclesiastical law and in the circuit of  Northampton when the Lord Anderson and Glanville be justice of assize a  pursuivant be send by the commissioner to arrest the body of a man to appear  before they and coke in resistance of the arrest and strive among they the  pursuivant be kill and if this be murder or not be doubt and this depend upon  the validity of the power and authority of the pursuivant a for if his  authority be lawful then in kill a officer of justice in execution of his  office be murder and advisement be take till the next assize and upon  conference at the next assize it be resolve that the arrest be tortuous and by  consequence that this be not murder b but they may send citation by a  pursuivant and proceed if the party make default to excommunication and then  to have a capias excommunicate and to imprison he by the writ of the king  which writ de excommunicate to take in hand be prescribe and returnable by the  statute of Elizabeth which shall be in vain if they may arrest he by a  pursuivant before any answer or default make and this will be against the  statute of great Charta and all the ancient statute which see rastall title  accusation if a freeman shall be arrest upon a bare surmise or accusation  which statute if good and profitable for the weal public never be intend to be  repeal by the say statute of Elizabeth note that neither the starchamber nor  chancery award any messenger to arrest the body until a contempt make but  first a subpoena c go