coke porter and Rochester case mich James in the common plea see read v bishop  of Lincoln p d the archbishop of Canterbury cite one dwell in Essex for  subtraction of tithe grow in Essex to the arch court which court be hold in  London and be the court of a peculiar jurisdiction of the archbishop of c call  a deanery and exempt from the authority of the bishop of London the court of c  b grant c Vid note d Hobart and hammond case   b Bracton I fol how longurn  debet be time non finish off an end the life in jure send to hang ex justice  discretion note to former edition a Vid send for per heath I and I rook I  Scheibel v Fairbain I Bos and pull Com dig Temps d d but two year improve rend  without deduct landtax c except quitrents be now fix as the sum assessable for  a arbitrary fine grant v astle dougl Hatton Bart v hatsell stram coke report  er p a prohibition and resolved I all act of parliament be parcel of the law  of England and shall be expound by the judge of the law of England and not by  the civilian and canonist although the act concern ecclesiastical and  spiritual jurisdiction the archbishop of Canterbury be restrain by the Act h  cap from cite any one out of his own diocese or his peculiar jurisdiction  although he hold his court of arch within London prohibition lie against judge  who proceed in case where they be prohibit by Act of parliament Com dig Prohib  f gibson cod and post c Fitzgib salk Carthew this term Lewis and Rochester who  dwell in Essex within the diocese of London be sue for subtraction of tithe  grow in b within the county of Essex by porter in the court of the arch of the  bishop of Canterbury in London and the case be that the archbishop of  Canterbury have a peculiar jurisdiction of fourteen parish call a deanery  exempt from the authority of the bishop of London whereof the parish of saint  mary de arcubus be the chief and the court be call the arch because the court  be hold there and a great question be move if in the say court of arch hold in  London within his peculiar he may cite any dwell in Essex for subtraction of  tithe grow in Essex or if he be prohibit by the statute of the twentythird  year of king Henry the eight c and after that the matter be well debate as  well by counsel at the bar as by dr Ferrard dr James and other civilian in  open court and last by all the justice of the common plea a prohibition be  grant to the court of arch and in this case diverse point be resolve by the  court that all act of parliament make by the king lord and Commons of  parliament be parcel of the law of England and therefore shall be expound by  the judge of the law of England and not by the civilian and canonist although  the act concern ecclesiastical and spiritual jurisdiction a and therefore the  Act of h cap by which in effect it be enact quod nullus leneat doceal informe  c clam v etpublice aliquan impious belief contrarian trust catholicce seu  boundary ecclesice sacrosancice nec de hujusmodi secla et impious doctrine  conventiculas facial and that in such case the diocesan may arrest and  imprison such offender c and in Henry the bishop of London command one to be  imprison because that the plaintiff say that he ought not to pay his tithe to  his curate and the party so imprison bring a action of false imprisonment  against those who arrest he by the commandment of the bishop and there the  matter be well argue what word be within the say statute and what without the  statute so upon the same statute it be resolve in e in Keysars case in the  coke king bench which you may see in my book of precedent and so the statute  of Xrticuli allotment of land Le prohibition regius de circumspect to put in  motion of e cap and all other act of parliament concern spiritual cause have  always be expound by the judge of the commonlaw as it be adjudge in wood case  pasch Elizabeth n my note fol so the statute of h cap have be expound by the  judge of the realm concern plurality and the have of two benefice canon law  and dispensation see Eli dyer the king court shall adjudge of dispensation and  commendam see also Elizabeth dyer Elizabeth dyer Elizabeth dyer Elizabeth dyer  and Elizabeth dyer construction of the statute cap smith case concern  subscription which be a mere spiritual thing also it appear by Elizabeth dyer  that for want of subscription the church be always void by the say Act if  Elizabeth and yet the civilian say that there ought to be a sentence  declaratory although that the Act express make it void it be resolve by coke  chief justice Warburton Daniel and foster justice that the archbishop of  Canterbury be restrain by the Act of h cap to cite any one out of his own  diocese or his peculiar jurisdiction although that he hold his court of arch  within London and first it be object a Vid note a roberts case   note a full  case     king b way coke report er p that the title of the Act be a Act that  no person shall be cite out of the diocese where he or she dwell except in  certain case and here the archbishop do not cite the say party dwell in Essex  out of the diocese of London for he hold his court of arch within London and  Essex be in the diocese of London the preamble of the Act be where a great  number of the king subject dwell in diverse diocese c and here be do not dwell  in diverse diocese far out of the diocese where such man c dwell and here he  do not dwell far out c the body of the Act be No manner of person shall be  cite before any ordinary c out of the diocese or peculiar jurisdiction where  the person shall be inhabit c and here he be not cite out of the diocese of  London to all which it be answer and resolve that the same be prohibit by the  say Act for diverse cause as to all the say objection one answer make a end of  they all for dicesis to say distinction well division sive steering who divisa  et to visit be ab church of one another bishopric et undertaking be steering  in One and be derive a of quod be two et cesis a sedes well separation because  separate two jurisdiction so diocese signify the jurisdiction of one ordinary  separate and divide from other and because the archbishop of Canterbury have a  peculiar jurisdiction in London exempt out of the diocese or jurisdiction of  the ordinary or bishop of London for that cause it be fit say in the title  preamble and body of the Act that when the archbishop sit in his exempt  peculiar in London cite one dwell in Essex he cite he out of the diocese or  jurisdiction of the bishop of London ergo he be cite out of the diocese and in  the clause of the penalty of ten pound it be say out of the diocese or other  jurisdiction where the party dwell which agree with the signification of  diocese before and as to the word far off c they be put in the preamble to  show the great mischief which be before the Act as the statute of Henry c in  the preamble it be seize with strength and the body coke of the Act say such  seize yet the same extend to all disseizors but seize with force be the great  mischief as it be hold in and Elizabeth dyer so the preamble of the statute of  Westminster cap be heir in ware and the body of the Act be hujusmodi prsenta  as it be adjudge in e that a infant who have a advowson by descent and be out  of ware shall be within the remedy of the say Act but the fraud of the  guardian be the great mischief so the preamble of the Act of h cap which give  falsify of recovery recite in the preamble that whereas diverse lessee have  pay diverse great income c be it enact that all such termors c and yet the  same extend to all termors and yet all these case be strong than the case at  bar for there that word such in the body of the Act the same to the preamble  which be not in our case the body of the Act be no manner of person shall be  henceforth cite before any ordinary c out of the diocese or peculiar  jurisdiction where the person shall be dwell and if he shall not be cite out  of the peculiar before any ordinary afortiori the court of arch which sit in a  peculiar shall not cite other out of another diocese and these word out of the  diocese be to be mean out of the diocese or jurisdiction of the ordinary where  he dwell but the exempt peculiar of the archbishop be out of the jurisdiction  of the bishop of London as saint Martin and other place in London be not part  of London although they be within the circumference of it vide e e c it be to  be observe that the preamble recite the great mischief recite express that the  subject be call by compulsory process to appear in the arch andience and other  high court of the archbishoprics of this realm so as the intention of the say  Act be to reduce the archbishop to his proper diocese or peculiar jurisdiction  unless it be in five case for any spiritual offence or cause commit or omit  contrary to the right and duty by the bishop c which word omit prove that  there ought to be a default in the ordinary a such in Edward the first edition  have choice id be separation the derivation be evident from et oand qOL coke  report er p except it be in case of appeal and other lawful cause wherein the  party shall find himself grieve by the ordinary after the matter or cause  there first begin ergo the same ought to be first begin before the ordinary in  case that the bishop of the diocese or other immediate judge or ordinary dare  not or will not convent the party to be sue before he where the ordinary be  call the immediate judge as in truth he be and the archbishop unless it be in  his own diocese these special case except mediate judge sure by appeal c or in  case that the bishop of the diocese or the judge of the place within who  jurisdiction or before who the suit by this Act shall he begin and prosecute  be party direct or indirect to the matter or cause of the same suit j which  clause in express word be a fall exposition of the body of the Act sure that  every suit other than those which be express ought to be begin and prosecute  before the bishop of the diocese or other judge of the same plAcc in case that  any bishop or any inferior judge have under he jurisdiction c make request or  instance to the archbishop bishop or other inferior ordinary or judge and that  to be do in case only where the law civil or canon do affirm c by which I full  appear that the Act intend that every ordinary and coke ecclesiastical judge  shall have the conusance of cause within their jurisdiction without any  concurrent authority or suit by way of prevention and by this the subject have  great benefit as well by save of travel and charge to have justice in his  place of habitation as to be judge where he and the matter be best know as  also that he shall have as many appeal as his adversary in the high court at  the first also there be two proviso which explain it also sure that it shall  be lawful to every archbishop to cite any person inhabit in any bishop diocese  within his province for matter of heresy which be a vain proviso if the Act do  not extend to the archbishop but by that special proviso for heresy it appear  that for all cause not except it be prohibit by the Act then the word of the  proviso go further if the bishop or other ordinary immediate hereunto consent  or if the same bishop or other immediate ordinary or judge do not his duty in  punishment of the same which word immediate and immediate expound the intent  of the maker of the Act there be a save for the archbishop the call any person  out of the diocese where he shall be dwell to the probate of any testament  which proviso shall be also in vain if the archbishop notwithstanding that Act  shall have concurrent authority with every ordinary through his whole province  wherefore it be conclude that the archbishop out of his diocese unless in the  case except be prohibit by the Act of h to cite any man out of any other  diocese and in truth the Act of h be but a law declaratory of the ancient  canon and of the true exposition of they and that appear by the canon cap  Romana in sexto de appeal and cap de expertise in sexto and the say Act be so  expound by all the clergy of England at a convocation in London year James  king canon where it be decree ordain and declare that none shall be cite to  the arch or audience but the inhabitant within the archbishop diocese or  peculiar other than in such particular case only as be express except and  reserve in and by a statute year h cap and the king by letter patent under the  great seal have give his royal assent to this among other from time to time to  be observe fulfil and keep as well by the archbishop of Canterbury the bishop  and their successor and the rest of the whole clergy of the province of  Canterbury in their several call office function minsteries degree and  administration as also by all and every dean of the arch and other judge of  the say archbishop court guardian of Spiritualties chancellor c so the same be  also express confirm under the great seal and archbishopric of Canterbury be  then void yet the guardian of the spirituality be there and the archbishop of  Canterbury that now be and then bishop of London be by letter patent precedent  of the say council in the place of the archbishop then decease and the king  give his royal assent to the same and the canon be of as full force as if the  say late archbishop of Canterbury have be then alive and whereas it be say in  the preamble of the Act in the arch audience and other high court of the  archbishop of this realm it be to be know that the archbishop of this realm  before that Act have power legatine from coke report er p the pope by which  they pretend to have not only supereminent authority over all but concurrent  authority with every ordinary in his diocese not as archbishop of Canterbury c  but by his power and coke authority legatine for are tribune genera willwriter  quidam de late domPa pce mitti ut cardinal quos appellant brother some are  dative et non de late who simpliciter in legationemittantur c are born sive  nalivi who a people of India an assembly of the prlextu legations to busy  oneself ettales are qualuor sure archbishop Cant eboracensis Remanensis  et Pisanis so as before that Act the archbishop of Canterbury be bequest born  and by force of his authority legatine usurp against the canon upon all the  ordinary in his precinct and by colour thereof claim concurrent authority with  they which although they hold in the court of the archbishop the same be  remedy by the Act of h cap and all that which he usurp before be not as he be  archbishop for as to that he be restrain by the canon but as he be bequest  born which authority be now take away and abolish utter last if the say Act of  h cap shall not be so expound then the Act which be principal make as it  appear by the preamble against the court of the archbishoprics shall be as to  they illusory for if the bishop of Canterbury in respect of his exempt  peculiar in London may draw to he all the diocese in London so may he at  Newington which be a peculiar in Winchester diocese draw to he the whole  diocese of Winchester and at Totteridge near Barnet the whole diocese of  Lincoln and so of the like it be resolve that when any judge be prohibit by  any Act of parliament that if they do proceed against the Act there a  prohibition lie as against the steward and marshal of the household quod  seneschallus et Harischallus non to hold placit de book tenem de debt is owed  de convention c so in the statute of articuli super Chartas cap register fol  inter short catalog super to cause to stand so against the constable of the  castle of Dover quod non to touch custodiam castle so to justice of assize  upon the statute quod search queen are magnce expulsion non she pia in also to  the treasurer and baron of the exchequer upon the statute de articul super  Chartas cap the statute of Rutland cap ultimo quod communiaplacit non to hold  in Scaccario all which and many more you may see in the register inter short  catalog super to cause to stand see f n b c h vide e title prohibition a  prohibition to the chancellor and diversity of court in the title of Chanqery  so against all ecclesiastical judge upon the statute of h cap if the judge  there will not give or deliver to the party a copy of the libel although that  the matter be mere ecclesiastical and therewith agree e and f n b e so the  case upon the statute of h cap if the ecclesiastical judge in case of heresy  and other matter of mere spiritual do not proceed accord to the intention of  the same statute as it appear by the precedent in e Keysons case e see the  opinion of Paston h a man excommunicate by the bishop of London for a crime do  in another diocese shall not be grieve thereby so as the commonlaw take notice  of the canon in such case as in person non judge and although the statute of h  inflict a penalty yet a prohibition lie for the inflict of the penalty do not  take away the prohibition of the law and therefore cap which inflict  punishment if the sheriff do put his name unto the return yet the same be  error if he do not put to his dame see h when any thing be prohibit by a  statute if the party be convict he shall be fine for coke the contempt to the  law and h agree in maintenance and if every person shall be put to his action  upon the statute the same will be cause of suit and vexation and the short and  more easy be to have a prohibition see the statute of h c of mortuaries by  which it be enact that no parson vicar curate c demand any mortuary but in  such manner as be mention in the Vid Pasc Elizabeth rot bud case a prohibition  for cite out of the diocese Tr Elizabeth rot the like in a information upon  the statute against Zachary babington Vid if any one in the spiritual court  appeal contrary to the statute of h c although the matter be mere spiritual a  prohibition lie so upon the statute of h cap note to former edition coke  report er p Act upon pain of forfeiture of so much in value as they take more  than be limit by the Act and forty shilling over to the party grieve yet it  appear by doctor and student lib cap fol that if the parson c sue for  mortuaries otherwise than the Act appoint that a prohibition lie yet there be  a penalty add which be a authority express in the point and the case at bar be  a more strong case and that for three reason it be make inaffirmance of the  canon law it be make for the case of the people and subject and for the  maintenance of the jurisdiction of the ordinary so as the subject have benefit  by the Act and therefore although that the king may dispense with the penalty  yet the subject grieve shall have a prohibition and the rule of the court be  drinking plate prohibition Curice Cantuar de arcub inter Parles PrXdiclper  curian and Shirley and Harris jun sergeant at law be of counsel in the case