Bradstone against the highcommission court Bradstones habeas corpus and the  return more bull Ro Rep Ro Abr stat of h cap mich e b r rot c in a habeas  corpus Bradstone be commit by the high Commission court for not give of  alemony to his wife be bring into court by the warden of the fleet upon a  habeas corpus grant the return of the warden of the fleet be read the same be  that for clause ecclesiastical and by force of the statute of h capite he be  detain in prison till cause show and for adultery it be urge that the cause of  his refusal be because be fear to be entrap by they in his oath have enter  into a bind to doctor Edward not to use his wife otherwise than well coke  chief justice there be a famous case and it be John Caesar case mich e b r rot  Markham be then chief justice b r kesar the executor of John kesar be sue by  Isabel Stevens for a legacy give unto her by kesar upon this suit kesar be  excommunicate and afterward walk in his ground and view of his corn how it  grow and come on be say that he be excommunicate by man and not by God f or be  thank God for it that his corn do yet grow as well as any of his neighbour in  the parish upon this the high Commission court do summon he before they for  use these word and do commit he for heresy upon the statute of h capite he be  bring hither by a habeas corpus and by Markham and the court he be here bail  for that his say so be no heresy h fol a b where one who dwell in the parish  of saint Dunstone say that he ought not by the law of God to pay his tithe to  his curate for these word the gishop of London do commit he this depend until  h and upon his action of faux imprisonment bring it be adjudge that this be  out of the statute of h cap for that upon this statute the beresie ought to be  in a fundamental matter of faith otherwise they be not to commit any upon this  statute as to this case here of alemoney for this clear the high Commission  court be neither to fine nor yet to imprison and as to his be bind unto they  in a bind they can examine he upon oath on article thereby to make he to  forfeit his bind and therefore he ought not to answer to they herein and this  be one Gowens case here in the time of Wray chief justice and he have a  prohibition grant and it be there resolve that in such a case he ought not to  answer in this principal case Bradstone be bail by the court dodderidge for  what cause shall they take such a bind to themselves will not a sentence there  serve their turn coke the case in h before remember be not in the book at  large but Mr Brownelow the prothonotary of the c b do show this record to I  that it ought to be apparent matter of heresy otherwise they be not to  imprison Bulstrode upon the statute of h capite the court of request do use to  take bind to bind man to perform the order of the court but here we do not so  nor in the star Chamber for then the party shall be double charge no ground  they have for take of such bind this be a unreasonable usage coke then say  unto Bradstone be bail till the next term I say now unto you as Markham do  unto kesar go unto the bishop of London and submit your self unto he and use  your wife better hereafter Bulstrode er p