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.

Trin. 9 Jacobi Regis.

Memorandum, That upon the Thursday before this Term, all the Justices of England, by the Kings Com∣mand, were assembled in the Council-Chamber at Whitehall, where was, Abbot, Archbishop of Canterbury, and with him two Bishops, and divers Civillians; the Archbishop complained of Prohibitions out of the Com∣mon-Pleas, and delivery of Persons by Haheas Corpus, but chiefly of Sir William Chancy. I defended our proceedings according to my Treatise thereof, which I delivered be∣fore the High-Commissioners: And after great dispute between the Archbishop and Me, at last he said, He had a Point not yet touched upon in my Treatise, which would give satisfaction to the Lords and Us also, and up∣on which he would rely; And that the Clause of Resti∣tution and Annexation, viz. And that all such Jurisdicti∣ons, &c. Spiritual and Ecclesiastical, as by any power Spiri∣tual hath heretofore, or hereafter lawfully may be used, &c. for visitation of the Ecclesiastical State and Persons, and for Reformation, Order, and Correction of the same, and of all Errors, Heresies, Schismes, &c. sh••ll for ever by authority of this present Parliament, be united and annexed to the Imperial Crown of this Realm. And it was said, That H. 8. and Ed. 6. did give Power by their Commissions to divers,

to impose Mulcts, &c. in Ecclesiasticall Causes, &c. and upon this he concludes, That this having been used before 1 Eliz. this is given to Queen Eliz. and her Successors. Also inasmuch as by 2 H. 4. and 2 H. 7. the Jurisdiction Ecclesiastical may Fine and Imprison in particular Causes, therefore Power to Fine and Imprison in all Ecclesiastical Causes is given to the King: And this he said he uttered, that it might be answered.

1. To which, I for a time gave this Answer, That it was good for the Weal-publick that the Judges at the Common-Law should interpret the Statutes within this Realm.

2. It was said by me, That before the Statute of 1 Eliz. no Ecclesiastical Judge may impose a Fine, or Imprison for any Ecclesiastical or Spiritual Offence, unless there be Authority by Act of Parliament: And this was so affirmed by all the Justices.

Vide my Book of Presidents, the Commission at large to Cromwel to be Vicegerent.

Afterwards in this very Term the Privy-Council sent for the Justices of the Common-Pleas only, and there the Reasons of the said Resolution were largely debated, and strong Opposition made hy Egerton Lord Chancellor, but the Justices of the Common-Pleas remained constant in their Resolution: Afterward the Council sent for the chief Justice of the Kings Bench, Justice Williams, Justice Crook, Chief Baron Ta••field, Snig, Althan, and Bromly, who were not acquainted with the Reasons of the said Rule of the Common-Pleas, nor knew why they came before the Council; And hearing the Lord Chan∣cellor affirm, That the High-Commissioners have al∣wayes by the Act 1 Eliz. imposed Fines and Imprison∣ments for exorbitant Crimes, (without any Conference with us, or among then selves, or hearing the matter de∣bated,) were of Opinion with us: And after at another day this same Term, the said Judges of the Kings Bench, Barons of the Exchequer, and Justice Fenner and Yelver∣ton,

who were omitted before, and We the Justices of the Common-Bench were commanded to attend the Council. And being all assembled, We of the Com∣mon-Pleas were commanded to retire, and then the King demanded their Opinions in certain Points touching the High-Commission, wherein they unanimously agreeing, We, viz. Coke, Walmesly, Warberton, and Foster, were cal∣led before the King, Prince and Council, where the King declared, That hy the Advice of his Council, and the Justices of the Kings Bench and Barons, he will re∣form the High-Commission in divers Points, which after he will have to be obeyed in all Points.

Whereupon I said to the King, That it was grievous to Us, his Majesties Justices of the Bench, to be severed from our Brethren, but more grievous, that they diffe∣red from us in Opinion, without hearing one another, especially since in what we have done in Sir VVilliam Chancys Case, aud others the like concerning the Power of the High-Commissioners, was done judicially in open Court, upon argument at the Bar and Bench. And fur∣ther I said to the King, that when we the Justices of the Common-Pleas see the Commission newly reformed, We will, as to that which is of Right, seek to satisfie the Kings expectation; and so We departed, &c.