coke OF oath before a ecclesiastical judge ex duty the ordinary can constrain  any man ecclesiastical or temporal to swear general to answer such  interrogatory as shall be administer to he No man ecclesiastical or temporal  shall be examine upon secret think or secret opinion the ecclesiastical judge  ought not to examine parten ream upon their oath note the kingly dignity be a  inherent inseparable to the royal blood of the king and can be transfer to  another no more than a duke or earl or baron may transfer over their dignity  for these be incident inseparable the law and custom of England be the  inheritance of the subject which he can be deprive of without his assent in  parliament note pasch James in the time of the parliament the lord of the  Council of Whitehall demand of Popham chief justice and myself upon motion  make by the Commons in parliament in what case the ordinary may examine any  person ex duty upon oath and upon good consideration and view of our book we  answer to the lord of the Council at another day in the Councilhamber that the  ordinary can constrain any man ecclesiastical or temporal to swear general to  answer to such interrogatory as shall be administer unto he but ought to  deliver to he the article upon which he be to be examine to the intent that he  may know whether he ought by the law to answer to they and so be the course of  the starchamber and chancery the defendant have the copy of the bill deliver  unto he or otherwise he need not to answer to it No man ecclesiastical or  temporal shall be examine upon secret think of his heart or of his secret  opinion but something ought to be object against he what he have speak or do  No layman may be examine ex duty except in two cause and that be ground upon  treat reason for layman for the most part be not letter wherefore they may  easy be inveigle and entrap and principal ita heresy and error of faith and  this appear by ordinance make in the time of Edward title prohibition in  rastal the word of which ordinance be and quod non permillant quod otherwise  layman in balliua svan in some region convenia ad once recognitiones per  juramenta svan to make nisi in cause malrinionialibus et relating to wills and  the reason that the ecclesiastical judge shall examine they in these two case  be for this that contract of matrimony and the estate of the dead be many time  secret and they do not concern the shame and infamy of the party as adultery  incontinency usury simony hear of mass heresy c and for this cause in these  case and such like the ecclesiastical judge ought note this ex duty oath be  since abrogate by stat car c sect car c sect see gibson Codex note to former  edition coke report er p not to examine parten ream upon their oath for as a  civilian say that this be invention devil ad destruend wretched animas ad  lower regions and in the register fol there be a prohibition in this form  preipimus flute quod non permillas quod in some way layman ad calling ankle b  ce ogn lipisc to some place loco convenient de c three ad aliq as rec I one  fact well sacrament prstanda the one be the exposition of the other nisi in  grammatical case of et relating to wills and there be a attachment upon it  paneper vadtalem Episc quod sit in person Jusliciraiis our men c to stretch  out quare fecit summoniri et per censure eccles to draw asunder layman  personas well layman man et fteminas ad comparend in person eastern ad  prstandum juramentum pro voluntale svan Self against the will in grave coron  bring dic m coke etdignitatis our men Regice nor contra experience royal power  our men ethabeas there nomina Plegiorum c testae c by which it do appear that  this be not only against the say ordinance but also against the custom of the  realm which have be out of mind and also in prejudice of the crown and dignity  of the king and with this agree f n b fol and vide the case report by the Lord  dyer but the case be not print Trin Elizabeth one leigh a attorney of the  common plea be commit to the fleet by the high commissioner in a cause  ecclesiastical for this that he have be at mass and refuse to swear to certain  article to be propose to he and hold that although in such case ecclesiastical  jurisdiction be save by the statute of Elizabeth yet they ought not in such  case to examine upon his oath and hereupon he be deliver by all the court of  common plea upon the return of the matter upon a habeas corpus and in mich  Elizabeth dyer fol in hind case who will not swear in person Commissionariis  Eccles sum per full of joints pro interest etea de causan undertaking be  gaolce de Le fleet he be deliver by habeas cor put per totan guriam this be  also because they can not imprison vide Le statute h cap which be declaratory  as to this point it stand not with the right order of justice nor good equity  that any person shall be convict and put to the loss of his life good name or  good unless it be by due accusation and witness or by presentment verdict  confession or process of outlawry c and it be not reasonable that any ordinary  upon suspicion conceive of his own fancy without due accusation or presentment  shall put any subject of this realm in infamy and slander of heresy to the  peril of life loss of good name or good et by a little before the most expert  and learned man of this realm diligent lie guard upon himself can eschew and  avoid penalty and danger c if he shall be examine upon such captious  interrogatory as be and have be accustom to be minister by the ordinary of  this realm in case where they will suspect any man of heresy and this be the  judgement of all the say parliament see f n b justice of peace lamb in his  justice of peace Crompt in his justice of peace in all which it appear that if  any be compel to answer upon his oath where he ought not by the law that this  be oppression and punishable before a justice of peace a justice of assize c  for this be a article of charge to inquire of all oppression and as to that  which be object that for a very long time diverse have be examine upon oath in  ecclesiastical court as to this it be answer that it may very well be and not  against law for the word of the treatise or ordinance and of the register be  contravoluntatem the dawn c so that if any assent to it and take it without  exception that be not contravoluntatem the dawn but to enforce any to take it  who ought not to take it by the law be a great oppression but if any person  ecclesiastical be charge with any thing which be punishable by our law as for  usury c there he shall not be examine upon oath for this that his oath be  evidence against he at the commonlaw and to do it incur the penalty of the  statute but witness may be cite to testify register title consult f n b d also  by the statute h cap it be provide that speech Diocessanus per see well per  commissioner thirst contra hujusmodi personas c et ad all things law execution  publice et judicialiter to go before et pain hujusmodi c to set bounds juxta  theory law which word juxta theory law give they power to proceed accord to  their canon and exclude the commonlaw and by pretext of this in the case  mention in the say Act they note the delivery out of prison be because the  high commission have no power to imprison see Inst gibson Codex note to former  edit coke report er p examine as well laypeople as coke clerk upon their oath  concern heresy erroneous opinion c mention in the say Act in the reign of h h  h Edward r h unto the time of the say Act of h and for this in the reign of h  nor in the reign of Edward no layman be examine upon his oath except in the  say two case of matrimony and will but in the reign of queen mary this Act of  h be revive and then all the martyr who be burn be examine upon their oath and  afterward by the that Elizabeth the say Act of h be repeal by which the  commonlaw be in full force and effect and for this cause all the pretence of  possession and practice which the ecclesiastical court have have be strong  answer by this which have be say that the word of the say treatise and  register be contravolunlatem the dawn c and those who have so take it have  assent to it and that stand with law note that king John after he have murder  his nephew Arthur and niece Ellenor the issue of his elder brother geoffery  after he have lose Normandy Aquitaine and Anjou after that his commons for  unjust vexation disobey he his noble revolt from he the clergy oppress by he  and that be stand excommunicate by the pope and his kingdom interdict he for  his protection grant by his charter of maii year royal power submit himself to  the obedience of the pope and after in the fourteenth year of his reign as one  destitute of all succour and safety and from day to day in fear to lose his  crown by another charter he resign his crown and realm to the pope innocent  and his successor by the hand of Randolph his legate and take it of he again  to bold of the pope which be utter void for this that the kingly dignity be a  inherent inseparable to the royal blood of the king and descendible to the  next of blood of the king and can be transfer to another no more than a duke  or earl or baron or other dignity may transfer over their dignity for these be  incident inseparable also the pope be a alien bear and therefore be not  capable of inheritance within England by colour of which submission and  resignation the pope and his successor exact great sum of the clergy and laity  of England pro to alter wholly nity pomitentiis to maintain the beight and  digf the pope and for the better enrich of the coffer of the pope pope Gregory  the nine send Otho cardinal de of to with prison of Tullius into this realm  when there be indignation betwixt Henry and his noble to collect money for the  pope who do collect infinite sum of money so that it be say of he quod bequest  to fatten good Angliw which legate hold his council at London year domini and  h and for the better find out offence which shall be redeem with money he with  the assent of the bishop of England there assemble make diverse canon anio I  ngst which one be injurandi calumnice in cause Church rites pron  interrog  et  de in point of fact to say in spi@itualibus likewise ut veritas easily to  uncover et causoe quickly determine to cause to stand de ctero prstari in  royal power England secundum theory et fixed by law law spreading before in  contrarium@covsueludine non to stand before c by which canon it appear that  the law and custom of England be against this examination of the party  defendant upon his oath for it be say to cause to stand de ctero prstariin  royal power England so that this be a new law and take its effect de ccelero  spreading before in opposite direction experience non to stand before and this  very well agree with the register and the say treatise de regius prohibition  and the other authority that the law and custom of England coke be that lie  people in criminal cause be they ecclesiastical or temporal shall not be  examine upon their oath only in cause matrimonial and testamentary otherwise  it be of clerk as be aforesaid and for this that it appear by the say caution  itself that this be against the law and custom of England whence it follow  that this canon shall not bind for that the law and custom of England can be  change without a Act of parliament for this that the law and custom of England  be the inheritance of the subject which he can be deprive of without his  assent in parliament and it appear in Linwood cap jure oath fol S that  Boniface bishop of Canterbury year and h a little before the death of that  king make this canon Staluimus quod layman de to put under peccaliset  departure to make straight per pr6elalosetJudices ecclesiasticos to seek after  ad prstandum de in point of fact to say sacrament per excommunication opinion  si opus to be to turn the war thither to entangle yes ne hujusmodi juramenlwm  prstetur per interdict be excommunication opinion to shut up in which canon it  be to be observe that this coke report er p extend to lie people for as appear  the ecclesiastical judge may examine those of the clergy upon their oath and  note Linwood cap jure oath fol litter e say so hic to say causan publishing  what to cause to stand videlicet prlati Church rites to go before ad again de  sin et departure to put under of oneself et layman notam hic suffulli otestate  dMinorum of a time in hujusmodi search nolverunt to swear falsely de in point  of fact to say note well what the cause be why lie people refuse to be examine  for crime and excess it appear that the judge of the commonlaw by their  prohibition do interdict c as itappears by the register and the other  authority in the time of Edward I and other king encroachment be make upon the  subject which be here call impediment but now the canon say To strike against  that where by the law they may examine lie people upon their oath in cause of  et relating to wills here Boniface make this canon to extend to sin et  approach which canon be utter against the law and custom of England in like  manner another be make by he at the same time Linwood cap de be blessed fol  which canon be make direct against the judge who do award process against they  if they do impose any pecuniary pain and prohibit they the judge with fear of  excommunication the canon be against law the judge prohibit they  notwithstanding this thunder of excommunication in all age and the scope and  purpose of the say canon be to perplex the subject and to enrich themselves by  punishment pecuniary and this be declare by Act of parliament make Edward call  articuli allotment of land si prlati to place upon pcenam of money some pro  sin c regius prohibition locum to have note this