The resolutions of the judges upon the several statutes of bankrupts as also, the like resolutions upon 13 Eliz. and 27 Eliz. touching fraudulent conveyances / by T.B., Esq.

High-Commissioners.

Trin. 8 Jacobi Regis.

Upon a Ha. Cor. by Eliz. Lady Throgmorton Prisoner in the Fleet; the Return was, The Lady Throgmorton was committed by George, Bishop of London, and other Eccle∣siastical Commissioners, till further Order should be ta∣ken for her enlargement. And the Cause of Commit∣ment was, That she had done many evil Offices between Sir James Scudamore, and her Daughter the Lady Scuda∣more, Sir James his Wife, to make separation between them, and detained her from her Husband; and upon her Departure after Sentence, for Contemptuous words against the Court, saying, She had neither Law nor Justice. And it was Resolved,

1. That for detaining the Wife, and endeavouring to make separation, no Suit can be before the High-Com∣missioners.

2. For detaining the Wife, there is remedy by the Common Law.

3. That for such an Offence they cannot imprison the Wife.

4. It doth not appear, that the words were spoken in Court.

Secondly, It is no Court of Record, because they pro∣ceed according to the Civil Law; so the Admiralty Courte

and none can be committed for misdemeanor in Court, unless the Court be of Record.

5. It doth not appear by the Return what that Court was, which is uncertain; and upon this, upon good Consideration, she was Bayled.

But Randall and Hickins were this Term committed by the High-Commissioners, because they were vehemently suspected for Brownists. And they obtained a H••beas Corpus, and were remanded for this, that the High-Com∣missioners have Power to commit for Heresy. See my Treatise of the High-Commissioners Power.