Mich. 9 Jac. Regis.
Memorandum upon Thursday in this Term, a High Commission in Causes Ecclesiastical was published in the Archbishops great Chamber at Lambeth, in which I, with the Chief Justice, Chief Baron, Justice VVilliams, Justice Crooke, Baron Altham, and Baron Bromly were na∣med Comm••ssioners among all the Lord of the Council, divers Bishops, Attorney and Sollicitor, and divers Deans and Doctors in the Cannon and Civil Laws: And I was commanded to sit by force of the said Commission, which I refused for three Causes.
1. Because neither I nor any of my Brethren of the Common-Pleas, were acquainted with it.
2. Because I did not know what was contained in the new Commission; and no Judge can execute any Com∣mission with a good Conscience, without knowledg; for Tantum sibi est permissum, quantum est Commissum.
3. That there was not any necessity of my sitting, who understood nothing of it, so long as the other Judges, whose advise had been had in this new Commission, were there.
4. That I have endeavoured to inform my self of it, by a Copy from the Rolls, but it was not enrolled.
5. None can sit by force of any Commission, till he hath taken the Oath of Supremacy according to 1 Eliz. and if I may hear the Commission read, and have a Co∣py to advise upon, I will either sit, or shew cause to the contrary. The Lord Treasurer perswaded me to si••, but