coke Q if high commissioner have power TO imprison hill James king note mich  James post lunch there be move a question among the judge and sergeant at  sergeant inn if the high commissioner in ecclesiastical cause may by force of  their commission imprison any man or no first of all it be resolve by all that  before the statute of Elizabeth cap the king may have grant a commission to  hear and determine ecclesiastical cause but then notwithstanding any clause in  their commission the commissioner ought to proceed accord to the  ecclesiastical law allow within this realm for he can alter neither his  temporalnor his ecclesiastical law within this realm by his grant or  commission vide Caudreys case five report and they can not in any case have  punish any delinquent by fine or imprisonment unless they have authority so to  do by Act of parliament then all the question rest upon the Act of Elizabeth  which as to this purpose rest upon three branch such commissioner have power  to exercise use occupy execute all jurisdiction spiritual and ecclesiastical  such commissioner by force of letter patent have power to visit reform c all  heresy c which by any manner of spiritual or ecclesiastical power c can or  lawful may be reform c so that these branch limit the jurisdiction and what  ergo Q the opinion in the precede case note to former edition coke report er p  offence shall be within the jurisdiction of such commissioner by force of  letter patent of the king and this be all and only such offence may lawful be  reform by the ecclesiastical law the three branch be that such commissioner  after such commission deliver to they so authorize shall have power and lawful  authority by coke virtue of this Act and the say letter patent to exercise use  and execute all the premise accord to the tenor and effect of the say letter  patent this branch give they power to execute their commission but it be  object that this branch do not give the queen power by her letter patent to  alter the proceed of the ecclesiastical law or give to the queen absolute  power by her letter patent to prescribe what manner of proceed or punishment  concern the land good or body of the subject and this appear by the title of  the Act restore to the crown the ancient jurisdiction so that the intent be to  make restitution and not any innovation in the proceed or punishment and it be  observe that this last branch give to they power to execute all the premise  accord to the tenor and effect of the say letter patent so that these word so  authorize in the say letter patent have relation only to the authority of the  letter patent before specify videlicet such as give to they power to visit  reform redress order correct and amend all error heresy schism abuse contempt  and enormity whatsoever which by any manner of spiritual or ecclesiastical  power can or may lawful be reform c these be the tenor and effect of the  letter patent before remember and if any other construction shall be make it  shall be against the express letter scilicet say letter patent it shall be  full of great peril and inconvenience for then not only imprisonment of body  but confiscation of land good c and some corporal punishment may be impose for  heresy schism incontinence c also power may be give to they to burn any man  for heresy which will be against the commonlaw of the land see Simpson case in  hill the fortysecond of Elizabeth now report by my Lord coke in Inst see dyer  note to former edition vide post and and of the writ de heretic to burn up  note to former edition