coke Edward case mich James if the high commissioner interfere where the  matter and person be temporal or in a cause of defamation a prohibition will  be grant a ecclesiastical judge can examine any man upon his oath respect his  intention and his think the high commissioner shall not have cognizance of any  scandal of themselves see gibson Codex c the high commissioner in cause  ecclesiastical a object diverse article in English against Thomas Edward dwell  in the city of Exeter that Mr John Walton have be many year train up in  learning in the university of Oxford and there worthy admit to several degree  of school and deserve take upon he the degree of doctor of physic that he be a  reverend and well practice man in the art of physic that you the say Thomas  Edward say to he you be no graduate c that you know the premise  notwithstanding you the say Edward c of purpose to disgrace the say dr Walton  and to blemish his reputation learning and skill with infamy and reproach do  against the rule of charity write and send to the say Mr dr Walton a lewd and  ungodly and uncharitable letter and therein tax he of want of civility and  honesty and want of skill and judgement in his art and profession c and you so  far exceed in your immoderate and uncivil letter that you tell he therein in  plain term he may be crown for a ass as if he have no manner of skill in his  profession and be altogether unworthy admit to the say degree and therein you  purposely and advice tax the whole university of rashness and indiscretion for  admit he to that degree without sufficiency and desert and further to disgrace  the say Mr doctor Walton in the say university do publish a copy of the say  letter to sir William Courtney and other and in your letter be contain  sipsilam lichenen mentegram take that for your inheritance and thank God you  have a good father and do not you thereby covert coke mean and imply that the  father of the say dr Walton be late bishop of Exeter and a reverend prelate of  this land be subject to the disease of the French pox and leprosy to the  dislike of the dignity and call of bishop that in another letter you send to  Mr doctor Maders doctor of physic you name Mr doctor Walton and make a horn in  your letter and we require you see h by Hawkford and so affirm by the court  when one who have not authority hold plea in spiritual thing whereof the  jurisdiction do not belong to he yet no consultation shall be grant because a  consultation shall not be grant to one that have not power c note to former  edition a this court be abolish by stat car cap coke report er p upon your  oath to set down whether you mean not that they be both cuckold and what other  meaning you have you know that doctor Walton be one of the high Commission in  the diocese of Exeter and have obtain a sentence against he in the star  Chamber for contrive and publish of a libel do triumphingly say that you have  get on the hip a commissioner for cause ecclesiastical in the diocese of  Exeter which you do to vilify and disgrace he and in he the whole commission  ecclesiastical in those part last that after the letter missive send unto you  you say arrogant that you care not for any thing that this court can do unto  you nor for their censure for that you can remove this matter at your pleasure  and this term it be move to have a prohibition in this case and the matter be  well argue and at last it be resolve by coke chief justice Warburton Daniel  and foster justice that the first six article be mere temporal concern doctor  Walton in his profession of physic and so touch only the temporal person and a  temporal matter and in truth it be in the nature of a action upon the case for  scandal in his profession of physic and yet the commissioner themselves do  proceed in the same ex duty and it be resolve that as for they a prohibition  do lie for diverse cause because that the matter and person be temporal second  because it be for defamation which if any such shall be for the same it ought  to begin before the ordinary because it be not such a enormous offence which  be to be determine by the high commissioner and for the same reason suit do no  lie before they for call the doctor cuckold as it be object in the seven  article and it be say that the high commissioner ought to incur the danger of  prxmunire it be resolve that the ecclesiastical judge can examine any man upon  his oath upon the intention and think of his heart for thinking pcenam negno  to pass through and in case where a man be to be examine upon his oath he  ought to be examine upon act or word and not of the intention or think of his  heart and if every man shall be examine upon his oath what opinion be hold  concern any point of religion he be not bind to answer the same for in time of  danger quis modus tutus to be if every one shall be examine of his think and  so long as a man do not offend neither in act nor in word any law establish  there be no reason that he shall be examine upon his think or cogitation for  as it have be say in the proverb think be free and therefore for the six and  seven article they be resolve as well for the matter as for the form in offer  to examine the defendant upon his oath of his intention and meaning to be such  to which the defendant be not to be compel to answer ergp it be resolve that  as to the article he may justify the same because as it appear upon his own  show that coke the doctor be sentence in the star Chamber also the libel be  matter mere temporal and if it be mere spiritual such a defamation be not  examinable before the high commissioner as to the last article it ppeareth now  by the judgement of this court that he may well justify the say word also the  high commissioner shall not have conusance of any scandal to themselves for  that they be party b and such scandal be punishable by the commonlaw as it be  resolve in hale case which see in the book of the Lord dvers Reports and see  in my book of precedent the copy of the indictment of hale for scandalize of  the ecclesiastical commissioner note the bishop of Winchester be visitor of  the school of Winchester of the foundation of Wickham bishop of Winchester and  the bishop of Canterbury and see book of entry non be law concurrent  circumstances quod quis super ii quorum getting to know ad our to stretch out  in curian Christian trabatur in placita vide stat circumspect to put in motion  year e bishop to hold placita in curian the most Christian tatis de his and  are mere Of et vide Linwood fol light m to say mere Of because non to have to  mix of a time vide e resolution vide e the abbot of sion case note to former  edition b Vid note a earl of derby case   coke report er p other his colleague  year car cite the usher of the say school by force of the say commission to  appear before they and proceed there against he for which they incur the  danger of a prmunire and so lid the bishop of Canterbury and his colleague by  force of a high Commission to they direct cite one Humphrey frank master of  Art and schoolmaster of the school of Sevenock of the foundation of sir  William Sevenock in the time of king Henry the six to appear before the high  commissioner at Lambeth the six day of December last pass which citation be  subscribe by sir John Bennet doctor of law doctor James and doctor Hickman  three of the high commissioner and sir Chrand spher Perkins procure the say  citation to be make and when the say frank appear the archbishop be associate  with sir Chrand spher Perkins and dr abbot dean of Winchester make a order  concern the say school sure that the say frank shall continue in the same  school until the annunciation that he shall have twenty pound pay to he by sir  Ralph Bosville knight who it seem be never cite but qure if he be not  plaintiff