majesty's said commissioners upon these suggestions, viz. that they had no authority either to fine or imprison any man; which innovating conceit being added to this that followeth, that the writ of "De excommunicato capiendo" cannot lawfully be awarded upon any certificate 5 or "Significavit" made by the said commissioners, we find his majesty's said supreme authority in causes ecclesiastical (so largely amplified in sundry statutes) to be altogether destitute in effect of any means to uphold it, if the said proceedings by temporal judges shall be by 10 them maintained and justified; and therefore we most humbly desire your lordships, that they may declare themselves herein, and be restrained hereafter (if there be cause found) from using the king's name in their prohibitions, to so great prejudice of his majesty's said 15 authority, as in debating the same before your lordships will hereafter more fully appear.

XXIII. "No prohibitions to be granted under pretence to reform the manner of proceedings by the ecclesiastical laws in causes confessed to be of ecclesiastical 20 cognizance." Notwithstanding that the ecclesiastical jurisdiction hath been much impeached heretofore through the multitude of prohibitions, yet the suggestions in them had some colour of justice, as pretending that the judges ecclesiastical dealt with temporal 25 causes; but now, as it seemeth, they are subject to the same controlments, whether the cause they deal in be either ecclesiastical or temporal, in that prohibitions of late are wrested out of their own proper course, in the nature of a writ of error, or of an appeal. For whereas 30 the true and only use of a prohibition is to restrain the judges ecclesiastical from dealing in a matter of temporal cognizance; now prohibitions are awarded upon these surmises, viz. that the libel, the articles, the sentence, and the ecclesiastical court, according to the ecclesiastical 35 laws, are grievous and insufficient, though the matter

there dealt withal be merely ecclesiastical; and by colour of such prohibitions, the temporal judges do alter and change the decrees and sentences of the judges ecclesiastical, and do moderate the expenses taxed in the 5 ecclesiastical courts, and do award consultations upon conditions. As for example; that the plaintiff in the ecclesiastical court shall accept of the one-half of the costs awarded, and that the register shall lose his fees; and that the said plaintiff shall be contented with the 10 payment of his legacy, which was the principal sued for, and adjudged due unto him at such day, as they the said temporal judges shall appoint, or else the prohibition must stand. And also where his majesty's commissioners for causes ecclesiastical, have not been accustomed to 15 give a copy of the articles to any party before he hath answered them; and that the statute of Henry V. touching the delivering of the libel, was not only publicly adjudged in the king's bench not to extend to the deliverance of articles, where the party is proceeded with 20"ex officio," but likewise imparted to his majesty, and afterwards divulged in the starchamber, as a full resolution of the judges; yet within four or five months after a prohibition was awarded to the said commissioners out of the king's bench, upon suggestion, that the party ought 25 to have a copy of the articles, being called in question "ex officio," before he should answer them; and notwithstanding that a motion was made in full court shortly after for a consultation, yet an order was entered, that the prohibition should stand until the said 30 party had a copy of the said articles given him: which novel and extraordinary courses do seem very strange unto us, and are contrary not only to the whole course of his majesty's laws ecclesiastical, but also to the very maxims and judgment of the common law, and sundry 35 statutes of this realm, as we shall be ready to justify

before your lordships, if the judges shall endeavour to maintain these their proceedings.

XXIV. "That temporal judges are sworn to defend the ecclesiastical judges' jurisdiction." We may not omit to signify unto your lordships, as we take it, the 5 temporal judges are not only bound by their ancient oath, that they shall do nothing to the disherison of the crown, but also by a latter oath unto the king's supremacy, wherein they do swear; that to their power they will assist and defend all jurisdictions, privileges, pre- 10 eminences, and authorities united and annexed to the imperial crown of this realm; in which words the ecclesiastical jurisdiction is specially aimed at; so that whereas they do oftentimes insist upon their oath, for doing of justice in temporal causes, and do seldom make mention 15 of the second oath taken by them for the defence of the ecclesiastical jurisdiction, with the rights and immunities belonging to the church; we think, that they ought to weigh their said oaths better together, and not so far to extend the one, as that it should in any sort prejudice the other. The due consideration whereof (which we most instantly desire) would put them in mind, any suggestion to the contrary notwithstanding, to be as careful not to do any thing that may prejudice the lawful proceedings of the ecclesiastical judges in ecclesiastical causes, as they are circumspect not to suffer any impeachment or blemish of their own jurisdictions and proceedings in causes temporal.

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25

XXV, “That excommunication is as lawful as prohibition, for the mutual preservation of both his majesty's 30 supreme jurisdictions." To conclude: whereas for the better preserving of his majesty's two supreme jurisdictions before mentioned, viz. the ecclesiastical and the temporal, that the one might not usurp upon the other, two means heretofore have of ancient time been or- 35

dained, that is to say, the censure of excommunication, and the writ of prohibition; the one to restrain the encroachment of the temporal jurisdiction upon the ecclesiastical, the other of the ecclesiastical upon the temporal. 5 We most humbly desire your lordships that by your means the judges may be induced to resolve us, why excommunications may not as freely be put in ure for the preservation of the jurisdiction ecclesiastical, as prohibitions are under pretence to defend the temporal, especially against such contentious persons, as do wittingly and willingly upon false and frivolous suggestions, to the delay of justice, vexation of the subjects, and great scandal of ecclesiastical jurisdictions, daily procure, without fear either of God or men, such undue prohi15 bitions, as we have heretofore mentioned.

10

CXXIV.

Archiepisc. Cant.
RIC. BANCROFT 3.

Anno Christi
1607.

Reg. Angliæ
JACOB. I. 5.

An order set down by king James the First for translating of the Bible.-Burnet's Hist. Reform. vol. ii. app. p. 366.

THE places and persons agreed upon for the Hebrew, with the particular books by them undertaken.

Mr. Dean of Westm.]

See No. CXXI.

Dr. Lancelot Andrews, master of Pembroke hall, Camb. successively bishop of Chichester, Ely and Winchester; 15 died, Sept. 21, 1626.

Mr. Dean of Paul's] Dr. John Overall, master of Catherine hall, Camb. successively bishop of Lichfield and Norwich; died, May 12, 1619.

Mr. Dr. Saravia] Dr. Hadrian de Saravia, prebendary of Canter- 20 bury; the friend of Hooker and archbp. Whitgift; died, Jan. 15, 1612.

Mr. Dr. Clark] Dr. Richard Clark, fellow of Christ's college, Camb. one of the six preachers, Canterb.

Mr. Dr. Leifield] Dr. John Layfield, fellow of Trin. coll. Camb. 25 rector of St. Clement Danes, Westm. Being skilled in architecture, his judgment was much relied on for the fabric of the tabernacle and temple. (Collier, vol. ii. p. 693.)