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.

Mich. 6 Jac. Reges.

Edward's Case.

The High-Commissioners, in Causes Ecclesiastical, objected divers English Articles, against Thomas Edwards of Exeter: As,

1. That Mr. John Walton, being trained up in Oxferd University, was there worthily admitted to several De∣grees of Schools, and deservedly took upon him the De∣gree of Dr. of Physick.

2. That he was a Reverend and well-practised man in the Art of Physick.

3. That you the said Thomas Edwards, are no Gra∣duate.

4. That you knowing the Premisses, notwithstanding you the said Edwards, &c. of purpose to disgrace the said Dr. Walton, &c. did, against the Rules of Charity, write and send to the said Dr. Walton, a leud and uncharitable Letter, taxing him therein of want of Skill and Judg∣ment in his Profession, &c. And so far you exceeded in

your said uncivil Letter; that you told him therein, in plain terms, He may be crowned for an Ass, &c.

5. And further to disgrace the said Mr. Dr. Walton, in the said University, did publish a Copy of the said Letter to Sir William Courtney, and others; and in your Letter was contained Sips••lam lichenen mentegram; Take that for your Inheritance, and thank God you have a good Fa∣ther. And did you not covertly imply thereby, that the said Dr. Waltons Father (late Bishop of Exeter) was subject to the French Pox and Leprosie, &c.

6. That in another Letter you sent to Dr. Maders, Dr. in Physick also, you named Dr. Walton, and made a Ho••n in your Letter: Whether you meant not thereby, that they were both Cuckolds; or what other meaning you had.

7. You knowing Dr. Walton to be one of the High-Commission in the Diocess of Exeter; and having ob∣tained a Sentence against him in the Star-Chamber, for contriving and publishing a Libel, did triumphingly say, You had gotten on the Hip a Commissioner for Causes Ecclesiastical, &c. which you did to disgrace him, and in him the whole Commission in those Parts.

8. That after the Letter Missive sent to you, you said arrogantly, That you cared not for any thing this Court can do, for that you can remove this Matter at your plea∣sure.

And this Term it was moved to have a Prohibition in this Case; and the matter was well argued: And at last it was Resolved by Coke Chief Justice, Warberton, Daniel, and Foster, Justices; That the first six Articles were meer∣ly Temporal; and, in truth, is, in the nature of an Acti∣on upon the Case, for Scandal of Dr. Walton in his Pro∣fession of Physick: and therefore, for them a Prohibition doth lye, for divers Causes.

1. Because the Persons and Matters are Tempo∣ral.

2. Because it is for Defamation; which if any such shall be for the same, it ought to begin before the Ordi∣nary, because it is not such an enormous Offence, which is to be determined by the High-Commissioners; nor doth Suit lye before them, for calling the Doctor Cuck∣old, as in the seventh Article: And 'twas said, the Com∣missioners ought to incur the danger of Praemunire.

2. It was Resolved, That the Ecclesiastical Judge cannot examine any man upon his Oath, upon the Inten∣tion and Thought of his Heart; for cogitationis poenam nemo ••moret: for the Proverb saith, Thought is free. And therefore for the 6th and 7th, were Resolved, as well for the Matter, as for the Form, to be such, to which the De∣fendant was not compelled to answer: And that to the 7th, he might justifie the same; because it appears upon his own shewing, that the Doctor was sentenced in the Star Chamber: Also, the Libel is meer Temporal; and if it were Spiritual, such a Defamation is not examinable before the High-Commissioners.

As to the last Article, it appeareth now by the Judg∣ment of this Court, that he might well justifie the said Words: Also, the Commissioners shall not have any Conuzance of Scandal to themselves, they being Parties; and such Scandal punishable by the Common-Law, as was resolved in Hales Case in Dyer, and in my Book of Presi∣dents, Hales Indictment, &c.

The Bishop of Winchester, being Visitor of Winchester-School, and other his Collegues, Anno 5 Car. cited the Usher of the said School, by force of the said Commissi∣on, to appear before them, &c. for which they incurred the danger of Praemunire: So did the Bishop of Canterbu∣ry, and his Collegues, for citing one Humphry Frank, Ma∣ster of Arts, and School-Master of Sevennock School, &c. and proceeding, &c.