coke praemunire a praemunire lie against a ecclesiastical judge where a cause  original belong to the cognizance of the ecclesiastical court although all  circumstance be disclose the cognizance belong to the king temporal court yet  if the suit be prosecute there in the same nature as the cognizance belong to  they no praemunire lie but a prohibition but if in such case the plaintiff sue  in the nature of a suit which do not belong to the ecclesiastical court but to  the commonlaw a praemunire lie when the case original belong to the cognizance  of the commonlaw and not to the ecclesiastical court a praemunire lie although  it may be libel for accord to the course of the ecclesiastical law note in the  book of doctor cosines entitle a answer c to the abstract and publish and a  pamphlet now late publish by doctor Ridley they will obtrude upon the world  that forasmuch as that now by the Act of Elizabeth cap all spiritual and  ecclesiastical power within this realm be annex to the crown and the law by  which they determine cause which belong to their cognizance be the  ecclesiastical law of the king that for that cause no praemunire lie against  any spiritual judge for any cause whatsoever and some other of their  profession have some other reason to confirm it that when the statute of  praemunire be make videlicet in the reign of the king Edward and Richard then  the pope usurp ecclesiastical jurisdiction although that de jure it belong to  the king and therefore forasmuch as the king be as well de facto as de jure  supreme head of all as well ecclesiastical as temporal now the cause be change  the law be change also the conclusion of the writ of praemunire be in domini  king contempl et prjudicium et dicice coron rank a people of India Icesionem  et exAceredationem palpable etcontraformam to cause to stand c which prove  that the jurisdiction shall be now sever and unite to the crown for that which  be unite to and derive from the crown can be say contracoronam et rank king  the court of high Commission be the court of the king and be by force of a Act  of parliament and letter patent of the king and for this although it may be  say that the consand sry court be curio an overseer yet the court by force of  high commission be the court of the king and for that reason their proceed  shall not be subject to praemunire this new court be erect by Act of  parliament and letter patent of the king and for this where the statute of  Richard speak de curian Romana seu alibi c this alibi can extend to a court  erect by parliament year Reg Elizabeth but to these objection it be answer and  resolve by diverse justice coke in this very term that without question the  statute Edward r c de Proamunire be yet in force and all such proceed by  colour of ecclesiastical law before any ecclesiastical judge who be in danger  of praemunire before the say Act Elizabeth be now in case of praemunire after  the say Act be it before the commissioner by force of a high commission or  before bishop or other ecclesiastical judge for the say act of praemunire be  not repeal by the say Act Elizabeth and as to the first and second objection  it be answer that true it be that the crown of England have as well  ecclesiastical as temporal jurisdiction de jure annex to it as appear by the  resolution in Cawdreys case from age to age and although this be de jure yet  when the pope become so potent and powerful he do usurp upon the king  ecclesiastical jurisdiction within this realm but this be but mere usurpation  for the king can be put out of the possession of any thing which belong to his  crown and for this reason all the king of this realm all man provider for the  establishment of their temporal law by which they inherit the crown post    light Inst hawk c per tot and ch sect and         Vid Preafa to   coke report  er p and by which they govern their subject in peace and punish those who be  rebellious or who commit great offence against they and their crown and they  be always jealous lest any part or point of their temporal law shall be  encroach upon and for this if the ecclesiastical law usurp any thing upon the  temporal law this be severe punish and the offender esteem and adjudge a enemy  to the king by the ancient statute and every one may have kill he before the  statute Elizabeth and this be the reason for why although both jurisdiction  belong to the crown yet inasmuch as the crown itself be direct and descendible  by the commonlaw and all treason against the crown punish by this law for this  cause when the ecclesiastical judge usurp upon the commonlaw it be say contra  coronamet rank c and all the prohibition direct to the high commissioner from  year to year from the time of the make of the say statute Elizabeth do  conclude contracoronam etdignitatem regian for as it be resolve by all the  justice pasch James king be contra crown et rank regian when any  ecclesiastical judge do usurp upon the temporal law because as in all those  writ it appear the interest or cause of the subject be draw ad other examen  that be when the subject ought to have his cause end by the commonlaw  whereunto by birthright he be inheritable he be draw in other examen videlicet  to be decide and determine by the ecclesiastical law and this be true say  contracoronam et dianitatem re jam and this appear by all the prohibition  which be infinite which have be direct to the high commissioner and other  after the say Act Elizabeth a Jortimi he who offend in praemunire shall be say  to offend contracoronam etdignitatem regian and this in effect answer to all  the aforesaid objection but yet other particular answer shall be give to every  of they as to the three although the court by force of high commission be the  court of the king yet their proceed be ecclesiastical and for this if they  usurp upon the temporal law this be the same offence which be before the say  Act of Elizabeth for this be the end of all the ancient act that the temporal  law shall not in any manner be emblemished by any ecclesiastical proceed as to  the four although it be a now court yet the ancient statute extend to it  within this word alibi and diverse new bishopric be erect in the time of Henry  VIII and yet there be never any question but that coke the ancient act of  praemunire extend to they but to answer to all the objection aforesaid find  upon the say statute of Elizabeth out of the word and meaning of the same Act  for whereas the Act Elizabeth repeal the statute of I p c there be a express  proviso in the say Act Elizabeth that that shall not extend to repeal any  clause matter or sentence contain or specify in the p m which in any sort  touch or concern any matter or cause of praemunire but that all of that which  do touch or concern any matter of praemunire shall stand in force and effect  and the clause of I p m which concern matter of praemunire be such every  person who by any process out of any ecclesiastical court of the realm or out  of it or by pretence of any spiritual jurisdiction or otherwise contrary to  the law of the land shall unquiet or molest any man for any thing parcel of  the possession of any religious house shall incur the danger of the Act of  praemunire year r which prove that as well the Act I p m as the Act Elizabeth  which create the high Commission court which refer to the Act of I p m intend  by express word that the Act of r of praemunire shall stand in force also the  Act of Elizabeth revive the Act of h cap which make a praemunire in a dean and  chapter c for not elect nor certify or not admit of any bishop elect by which  it be direct prove that the Act Elizabeth never intend to take away the  offence of praemunire but express provide for it as appear by that which have  be say but then we be to note in what case a praemunire lie in what not and  for this that it be so penal it be necessary that it shall be explain and make  know in all case when the cause original belong to the cognizance of the  ecclesiastical court and suit be prosecute there in the same nature as the  cognizance belong to they although in truth the cause all circumstance be  disclose belong to the court of the king and to be determine by the commonlaw  yet no praemunire lie in coke report er p that case but a prohibition as if  tithe be sever from the nine part and be carry away if the parson sue for the  subtraction of these tithe in the spiritual court this be not within the ease  of praemunire for it may be that the plaintiff do not know that they be sever  from the nine part nor that they be carry away nor may this ecclesiastical  judge know any thing of it and although that the defendant plead this yet the  ecclesiastical court may proceed to try the truth of it without danger vide h  accord with this opinion so if a parson sue for tithe of wood surmise that  they be sylvce cceduce under the age of twenty year whereas in truth they be  above the age of twenty year in which case by the statute of Edward tithe  ought not to be pay yet a prohibition lie and no praemunire but although the  cause original may appertain to the cognizance of the ecclesiastical judge vet  if he sue for it in the nature of a suit which do not belong to the  ecclesiastical court but to the commonlaw there a praemunire lie as in the  case put before if the parson after the sever of tithe will in any  ecclesiastical court within this realm sue for carry away his tithe sever from  the nine part which action by matter apparent to the ecclesiastical court  appertain to the commonlaw in such case both the actor and the judge incur the  danger of a praemunire and so it be adjudge in h as Spilman report it one  turbervile sue a praemunire against a parson who by citation convene he into  the ecclesiastical court within this realm coke and there libel against he for  take of tithe which be sever from the nine part and the parson be condemned  and have judgement that he shall be out of the protection of the king and  forfeit all his land good and chattel and his body to perpetual imprisonment  and damage to the party so if a mortuary be deliver to a parson and after the  party retake it if the parson sue for this as for a mortuary to he deliver and  carry away he be in case of a praemunire but after the reprisal if he sue for  it as mortuary not execute in nature of a suit which belong to courtchristian  upon the truth of the case there be cause of prohibition and no praemunire lie  vide h so the case which have be put of suit for tithe of wood if the parson  sue for tithe of wood above twenty year growth so that it appear by the libel  that the cognizance of this case do not belong to court Christian videlicet to  the court of the archbishop of Canterbury the praemunire lie as you may see in  the book of entry title dime fol but in the title prohibition fol division  dime pl if the suit be pro sylva ccedua c so that as the suit be frame the  cognizance belong to courtchristian although that the truth be otherwise there  a prohibition lie and no praemunire for when the cause original belong to the  cognizance of the ecclesiastical court although they hold plea of any incident  to it which belong to the commonlaw there prohibition lie and not praemunire  when the cause original belong to the cognizance of the commonlaw and not to  the ecclesiastical court there although they libel for it accord to the course  of the ecclesiastical law yet the praemunire lie for this that this draw the  cause which be determinable at the commonlaw ad other examen videlicet to be  decide by the civil or ecclesiastical law and so deprive the subject of the  benefit of the commonlaw which be his birthright and with this agree the book  of entry title praemunire fol b and a where it be put for a rule quod cum  placita querel etpossessiones lerrarum et property transgr debtor et another  entirely similar infra kingdom a ngl put in ad owner king ad royal  Coronametdignitates urge specifically et non ad forum Church rites pertinent  indeed I b c to contrive skilfully owner RegemetCoronam et rank urge exhredare  et cognitiovemqu ad curian domini king pertinent ad other examen infra kingdom  suum England in curian Chrislianitatis in person a W official c lrahere c a  certain point of time ad to follow jam prfato psum b in eaden curian  Christianitalis co which treat of duties pro debt is owed et Self b in eaden  curian prfato l a ind responsugn harp c so that if the original cause be  temporal although that they proceed by citation libel c in ecclesiastical  manner yet this be in danger of praemunire and the reason of this offence be  express in the writ for this that be endeavour to draw getting to know causce  queen ad curian domini king to stretch out ad other examen which be as much as  to say that the debt the cognizance whereof belong to the court of the king  and to be determine by the commonlaw he intend by the original suit to draw it  to be determine by the ecclesiastical law coke report er p and note in the  indictment of praemunire against cardinal Wolsey mich h it be say quod  preceding cardinal c intend finally antiquissimas England law inside to turn  upside down et to enervate all together hoc kingdom England et the same  England poplar tree law of the empire vulgo speech law courtesy et the dawn  law canon in er et um To bring under the yoke coke et to throw under c and  this be include within these word ad other examen to draw videlicet to decide  that by the civil and ecclesiastical law which be determinable by the  commonlaw and upon this be a notable case in hill a h the case of Nich bishop  of Norwich against who he then be in the custody of the Marshalsea the king  attorney prefer a bill of praemunire and the matter of the praemunire be such  within Thetford in the county of Norfolk have be de tempore buttocks c such  custom that all ecclesiastical cause arise within that town shall be determine  before the dean of the same town who have within it peculiar jurisdiction and  that none in the same town shall be draw in plea in any other courtchristian  for ecclesiastical cause unless before the same dean and if any be against the  say custom draw in suit before any other ecclesiastical judge and this be  present before the mayor of the same town that such party shall forfeit S d  and that a inhabitant of Thetford sue in the Consand sry court of the say  bishop at Norwich for a ecclesiastical cause arise within the say town of  Thetford and this be present before the mayor of Thetford accord to the custom  for which he forfeit S d the say bishop cite the say mayor to appear before he  at his house in Hoxin in Suffolk general pro salute anim and upon appearance  libel per parole upon all the matter and enjoin he upon pain of  excommunication to annul the say presentment before a day and upon a  praemunire bring for this matter the say bishop have counsel learned assign he  and they object that as well the say presentment as the say custom be for  diverse cause void and therefore it can be say contra crown et rank regian nor  have the bishop draw the party ad other exam en for it ought not to be examine  in any court they object that the court of the bishop be not intend within the  Act of r but in curian Romana or alibi and this alibi ought to be intend out  of the realm but it be resolve by Fitzjames chief justice et per totan curian  that be the custom and presentment good or not this be a temporal thing and  determinable by the commonlaw and not examinable in the spiritual court and  for this the bishop in this case have incur a praemunire that alibi extend as  well to the court of the bishop and other ecclesiastical court within this  realm as elsewhere and so the court say that it have be oftentimes adjudge  upon which the say bishop the matter of the indictment be true confess the say  indictment and upon this appear the secondary justice give judgement against  he that the say bishop shall be out of the protection of the king and that his  land good and chattel shall be forfeit to the king and his body to be imprison  ad will king c