so taken and reputed And this is the last and lowest order of them to whom Law doth allow any challenge of precedencie SECT 8. Concerning the Succession of great Personages in their places of Honour NOw it followeth that I speake somthing also how great personages one succeede an other in their places of honour And first to begin with the Empire it selfe as the greatest earthly dignitie under God albeit in the beginning it were raised up by no right but by usurpation Julius Caesar changing the former government of the State and challenging to himselfe the whole managing of the same yet after it came to an orderly course insomuch as hee that had the present possession of it disposed it to his best liking by his last Will and Testament So Julius himselfe devised it to Octavius his sisters sonne and albeit that devise tooke not effect by reason of the treason that was wrought against Julius owne person so that Octavius was faine to recover it by an other right even by the death of Lepidus and Antonius his colleagues in office yet that very Will of Julius gave a pretence to Octavius who after was called Augustus because hee did increase the Empire with many worthy Victories to stand for the inheritance of the Empire in consideration of which title the Senate and people of Rome more easily submitted themselves unto his government Augustus in like sort bequeathed it to Tiberius and Tiberius to Caius and so it came from one to an other untill some of them by cruelty and licentiousnesse of life became so odious to God and man that the people rose against them and bereft them of that libertie which they had prescribed in appointing of their Successors and somewhiles themselves and somewhiles the Souldiers made choise of whom they thought good or by whom they thought best to be rewarded And thus the right of Succession unto the Empire was tost up and down many hundred yeares betwixt Inheritance Bequest and Election untill at the last it came unto that established state as now it is in and setled Electours of the Empire so often as it happened to be voide Succession in Kingdomes in most part of the world in former time hath beene and at this day is by right of bloud a few onely excepted which are Elective as the Kingdome of Poland is at this day and in Succession the eldest sonne taketh place before the rest and if there be no heire male then the eldest daughter succeedeth in the kingdome and her issue for Kingdomes as also succession in other dignities are impartible And yet France to exclude Edward the third from the inheritance of the Crowne thereof who descended of Isabel the sister of Charles the faire and so was next heire male unto the kingdome of France alleaged for themselves the Law Salick pretending none which claimed by the woman albeit he were the next heire male in bloud was to succeed as long as there were of the male line alive how farre soever they were off in degree from the last King deceased But this is but a meer device of the French fathered upon some rotten Record of that part of their Nation called Salii of whom otherwise they have nothing memorable to speake of as being the basest Nation among them all of whom they report their people to have bin compounded but this devise served their turne then whether it were anciently invented or newly coyned But howsoever they oppose themselves against womens government as Bodine their countrey-man Bodin lib. 6. de repub hath of late stretched out the strength of his wit to devise reasons against the government of that sexe certaine it is that the Law of God hath allowed it as it appeareth in the example of Debora who being a Prophetesse governed Israel fortie yeares and by her direction got the Israelites a mightie victorie over Sisera the Captaine of the hoast of Jabin and wee among other Nations have found by experience gunaicocratie or womens government is nothing so unfortunate as Bodine would make us beleeve it is For both in our late Queene and also in her sister except only the case of Religion wherin she followed the error of the time and was carried away more with zeale than knowledge and thereby is more to be pittied than to be envied what is in their government the wisest Man-Prince in the world would not desire to be in his owne Regiment for what is either in their private carriages so you give no eare to virulent and malitious tongues who report surmises for substances and tales for truths or in their publicke government so you lay not other mens faults to their charges that any man may justly blame For that I may passe over the rest of their Heroicall vertues fit for women of their State specially the late Queene who was peerelesse among all Queenes that ever went before her and unmatchable as I verily doe beleeve by any that ever shall succeed her as their magnanimity whereby they subdued not only their domesticall enemies but vanquished even their forraine foes were their designements never so dangerous not shewing any token of discouragement either in the treasonable attempts of the one or in the malitious complotments of the other What an excellent worke of hers was that that then when all her neighbour Kingdomes round about her were drunke with the cup of the fornication of the whore of Babylon she alone came out of Babylon and so continued constant to the end mauger the threats of the red fierie Dragon and the floods of water he cast out of his mouth after her How excellent did she shew her selfe in those two vertues which doe chiefly preserve Princes States that is Mercy and Judgement the Records of her time doe shew so that I may spare to remember any by name which happily would not be well taken And yet truth it is that mens government is more agreeable to Nature than womens is whom God in the beginning put in subjection under man and who for the most part are by nature weake in body and thereby unable to put in execution the great affaires of a Kingdome and unsetled in Judgement and so hardly can determine that which is right and settle themselves thereupon yet by the numeration of certaine ill governing Queenes to conclude a generalitie against all government of women is but an ill kind of arguing for even by the like reason a man might conclude against Kings of which sort although there hath beene many good whom God hath used as instruments to worke great good unto people in every Kingdome yet more of them have beene evill as the Stories of every country will shew and to abridge God of his power that hee cannot as well governe by a woman as by a man when it is his good pleasure so to doe were great injurie to God and a great discredit to all woman kind but to returne thither where I left In succession of Kings
writing that the trueth thereof may not appear as it is written suppresse Wils or Testaments or other like writings counterfeit other mens hands and Seals open any mans Will yet living and impart the secrets thereof to the parties adversarie unseale such instruments or writings as are left with him to keepe bequeath unto themselves Legacies in an other mans Will without his good will and privitie wash or clip gold or sowder therein any corrupt mettals make base silver money pretend themselves to be Noble men or Gentlemen whereas otherwise they are but base persons wilfully challenge unto themselves an other mans name or Arms cog and foist in womens labours or otherwise false births or adulterous children in steed of true and rightfull heires sell one and the same thing to two men carrie about false Pasports use false Measures or corrupt those that are true in some cases are punished by death in other by banishment imprisonment or cutting off both or one of the hands of the offender If any bearing any publick office abuse the same to gain and doth that for money which he ought to doe for thankes the Law ordereth that the offender shall be called to account for his supposed bribery and if hee be found guilty thereof fineth him foure fold to the party grieved and beside decreeth him to be banished Such as by ill devises and policies raise up the price of corne and other victuall or get the whole sale of any merchandise into their hands that they may sell it the dearer are punishable at the discretion of the Judge which according to the quality of the person and fact reacheth somtimes to banishment somtimes to death it selfe If any take purloyne or intervert to his own use any money dedicated to holy and publick uses or cause the same to be taken purloyned or interverted or if any take away any brasen table wherein any publick Lawes are graven or the bounds of any Lands are described or blot out or change any thing thereof or covenously pay in lesse money into the Exchequer than by right he ought to have done and hath not cleered with the Exchequer for the residue is to be condemned in the three double of that which is the residue and is beside to be banished If any to get an Office procure a number of hired voices besides the losse of the Office he sueth for his punishment is temporall banishment If any steale away any childe the body of any free-man and sell the same away or detein them against their will the fault is death If any slanderously charge an other with any false crime or wittingly beare any false witnesse against him or willingly give any wrong Sentence against him or on the contrary side dissembleth such faults as he knoweth and colludeth with the adversary or giveth over the prosecution of a crime hee hath undertaken to follow untill he have leave granted him by the Judge to desist from his accusation the same is to be punished with the like kinde of punishment that hee would have the other punished by unlesse he be acquitted there-from by the Princes pardon or that the Adversarie be dead In publick Judgements where the Offender appeares not Proces is to be awarded out against him for his appearance by a certain day to cleere himself at which day if he appeare not an Inventory is taken of his goods not to the intent they should be spent but that they should be reserved to his use if hee returne again within a year and cleere himselfe otherwise they become the Exchequers for ever how innocent soever the party afterwards appears to be If the Offender be present in Judgement and deny the fact he is to be confuted by witnesses or other proofe or if there be just matter of suspition to be put on the rack which albeit in matters of lesse danger is great cruelty yet in great and horrible crimes it is necessary If the Off 〈…〉 r have either confessed the crime or be convicted thereof then it followeth that the party convicted be punished either by death or otherwise according to the quality of the person or condition of the offence Punishments by death are foure Hanging Burning Heading and casting the Offender to be devoured by wilde beasts amongst which may be reckoned Exile or Banishment for that it takes away a mans liberty and bereaves him of his country which to every good subject is as dear unto him as his life it selfe Punishments which did not inflict death were many such as it pleased the Magistrate in his discretion to appoint The Law having passed upon the Offender in such sort as should be to the losse of his life liberty or countrie his goods became forthwith forfeited to the Prince such I mean as are of value but for the other the Law alloweth them the prisoner for his maintenance during the time of his imprisonment and satisfying such fees as are due to the Officers thereof which hath place where the offender hath no children otherwise the one halfe of his goods commeth to his children unlesse it be in case of Treason where all is confiscated They are also held for convict and guilty which either upon a guiltinesse of minde make away themselves before Judgement or stop their Adversaries with a bribe that they shall not follow the Law against them and their goods are no lesse confiscat than the others But it is otherwise in those which are banished for a time or to a certaine place or in such as the Law having once passed upon them are either in their life or after their death by the bounty and mercy of the Prince restored in which case they recover Goods Name and Honour the body being executed the carcasse for the most part is granted to buriall unlesse it be for matter of Treason or other such like offence If any have beene unjustly condemned either by the iniquity or unskilfulnesse of the Judge the law alloweth him an appeale that is a provocation to a higher Judge that he may hear the cause anew and reforme that which is judged a 〈…〉 e into better and if the higher Judge finde the partie grieved hath well appealed he is to reverse the former sentence otherwise to send the Offender back to the Judge from whence he came there to receive his punishment yet some persons there be from whom no appeale lyeth as from the Prince or Senate because they represent the Prince neither may hee appeale which hath renounced his appeale Appeales are made from lower Judges to higher and from him that is Delegated to him that did Delegate Appeales are to be made within ten dayes after sentence given or within ten dayes after the Notice is come to the party against whom the Sentence did passe unlesse there attend thereon a continuall griefe in which case a man may appeale so long as the griefe indures the time to aske Dimissorie Letters is thirty daies from the Sentence given
us in the Ecclesiasticall Courts is that I find Glanvill Glanvill lib. 12. cap. 15 de Legibus Angliae who himselfe lived under Henry the second and was Lord chiefe Justice of England in his dayes sort to the Ecclesiasticall Courts the plea of Tenements where the suit is betweene two Clerkes or betweene a Clerke and a Lay man and the plea is De libera eleemosina feodi Ecclesiastici non petitur inde recognitio whether the frank fee be Lay or Ecclesiasticall where also is farther added that if it be found Idem lib. 13. cap. 25. by the verdict of legall and sufficient men that it is of Ecclesiasticall fee it shall not bee after drawne to Lay fee no though it be held of the Church by services thereunto due and accustomed secondly whereas land is demaunded in Idem lib. 7. cap. 18. marriage by the husband or the wife or their heire and the demaund be against the giver or his heire then it shall be at the choice of the demander whether he will sue for the same in the court Christian or in the secular Court For saith he it pertaineth unto the Ecclesiasticall Courts to hold plea of dowries which he calleth Maritagia if so be the plaintife so make choice of those Courts for the mutuall affiance that is there made betweene the man and the wife for marriage to be had between them and there is a dowry promised unto the man by the womans friends neither shall this plea bee carried unto the temporall Courts no though the lands be of Lay fee so that it be certaine the suit is for a Dowry but if the suit be against a stranger it is otherwise Againe the Kings prohibition for bidding the Clergie the dealing in many things which are of Lay fee forbids them Anno 24. Ed. 1. no one thing that is of Ecclesiasticall fee and to shew the Princes meaning precisely therein that it was not his intent by that Prohibition to restrain the Ecclesiasticall Judges for proceeding in matters of Ecclesiasticall fee hee sets downe in very tearmes these words Recognisances touching Lay fee as though he would hereby signifie to all men that he would not touch matters of Ecclesiasticall fee which did then wholly and properly appertaine to the triall of the Christian Court as hath beene before vouched out of Glanvill who for the place he then held may be thought to have knowne the Lawes of England as then they stood and the right interpretation thereof as well as any man then or now living And yet because there were some things of Lay fee which the Clergie then had cognisance of and as yet have in some measure as causes and matters of mony chattels and debts rising out of Testaments or Matrimonie because hee would have whatsoever belonged to the Clergy to be undoubted excepteth them from those things which belong to the Crown and dignity and leaveth them to the ordering of the Christian Courts which is nothing else but an affirmance of that which Glanvill and the rest of the ancient English Lawyers Bracton and Britton said before Adde hereunto the provinciall Constitution Aeterna de poenis made in the dayes of Henry the third which plainly shewes that in those dayes all personall suits betweene either Clerk Clerk or between Lay-men complaynants Clerkes defendants for ever the Plaintife must follow the Court of the Defendant which to the Ecclesiasticall men then was the Ecclesiasticall Court were tryed by the Spirituall Law not by the Temporall Law which practise for that it doth accord with the judgement of those ancient Lawyers that have beene before cited and with the Prohibition it selfe which there restraineth onely calling of Lay men to make recognisances of matters of Lay see it may be a great argument that these things were of the Ecclesiasticall right in those dayes from which I see not how the Ecclesiasticall Courts are falne for I see neither Law nor Statute to the contrary unlesse perhaps they will say the Statute of the 25. of Henry 8. cap. 19. tooke the same away as being hurtfull to the Kings Prerogative royall and repugnant 25. H. 8. cap. 19. to the Lawes Statutes Customes of this Realme which whether they be or be not taken away by the stroake of that Statute I leave it to men of better experience in these matters than my selfe to judge But yet this I finde by experience to be true That where there are two divers jurisdictions in one Common-wealth unlesse they be carefully bounded by the Prince an equall respect carried to both of them so farre as their places and the necessary use of them in the Common-wealth requires as the advancement of the one increaseth so the practise of the other decreaseth specially if one have got the countenance of the State more than the other which is the onely cause at this day of the overflowing of the one and the ebbing of the other but it is in his Sacred Majestie to redresse it not by taking any thing from that profession that is theirs but restoring to this profession that which is their owne but hereof 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 SECT 5. That some titles of the Canon Law are granted to be of absolute use with us and that of some other there is question made FOr the rest of the matters that belong to the tryall of the Ecclesiasticall Courts some are acknowledged to be absolutely in use some other are challenged to be but in a certaine measure in use In absolute use are those which never had any opposition against them which almost are those alone which belong to the Bishops degree or order for all things which come within the compasse of the Ecclesiasticall Law are either belonging to the Bishops degree or his jurisdiction To his degree or order belong the ordering of Ministers Deacons the confirmation of Children the dedication of Churches and Churchyards and such like none of which have beene challenged at any time to belong to any other Law The second sort is of them that belong to the Bishops jurisdiction which is partly voluntary partly litigious Voluntarie is when those with whom the dealing is stand not against it but litigious it is when it is oppugned by the one part or the other of this latter sort many things in sundry ages have beene called in question but yet rescued and recovered againe by the wise and grave Judges themselves who have found the challenge of them to be unjust But what doth belong to either of them in private or what causes doe appertaine to the whole Jurisdiction in generall because they have beene already particularly set downe by that famous man of worthy memory Doctor Cosin in his Cosin in his Apologie part 1. c. 2. learned Apologie for certaine proceedings in Ecclesiasticall Courts I will not make a new catalogue of them but send the Reader for the knowledge thereof unto his Booke but yet in my
passage will I note which of them have beene most chiefly oppugned and as occasion shall fall out speake of them PART III. CHAP. I. SECT 1. How the Jurisdiction which is of Civile and Ecclesiasticall cognisance is impeached by the Common Law of this Land and first of the impeachment thereof by the Statute of Praemunire facias ANd thus much as concerning those parts of the Ecclesiasticall Law which are here in use with us Now it followeth to shew wherby the exercise of that Jurisdiction which is granted to bee of the Civile and Ecclesiasticall cognisance is defeated and impeached by the Common Law of this Land which is the third part of this Division The impeachment therefore is by one of these meanes by Praemunire by Prohibition by Injunction by Supersedeas by Indicavit or Quare impedit but because the foure last are nothing so frequent nor so harmfull as the others and that this Booke would grow into a huge volume if I should prosecute them all I will onely treat of the two first and put over the rest unto some better opportunitie A Praemunire therefore is a writ awarded out of the Kings What is a Praemunire Bench against one who hath procured out any Bull or like proces of the Pope from Rome or else-where for any Ecclesiasticall place or preferment within this Realme or doth sue in any forreine Ecclesiasticall Court to defeat or impeach any Judgement given in the Kings Court whereby the body of the offender is to bee imprisoned during the Kings pleasure his goods forfeited and his lands seized into the Kings hand so long as the offender liveth This writ was much in use during the time the Bishop of Rome's authoritie was in credit in this land and very necessarie it was it should be so for being then two like principall authorities acknowledged within this Land the Spirituall in the Pope and the Temporall in the King the Spirituall 25. Ed. 2. 27. Ed. 3 c. 1. 38 Ed. 3. c 1. 2. 7. Rich. 2. c. 12. 13. Rich 2. c. 2. 2. H. 4 cap. 3. grew on so fast on the Temporall that it was to be feared had not * Neverthelesse even out of these Statutes have our Professours of the Common Law wrought many dangers to the Jurisdiction Ecclesiasticall threatning the punishment conteined in the Statute Ann. 27. Edw. 3. 38. ejusdem almost to every thing that the Court Christian dealeth in pretending all things dealt with in those Courts to be the disherison of the Crowne from the which and none other fountaine all Ecclesiasticall Jurisdiction is now derived whereas in trueth Sir Thomas Smith saith very rightly and charitably that the uniting of the Supremacie Ecclesiasticall and Temporall in the King utterly voideth the use of all those Statutes Nam cessante ratione cessat lex and whatsoever is now wrought or threatned against the Jurisdiction Ecclesiasticall is but in emulation of one Court to an other and by consequent a derogation of that authority from which all Jurisdiction is now derived and the maintenance whereof was by those Princes especially purposed D. Cowel in the Interpreter these Statutes beene provided to restraine the Popes enterprises the spirituall Jurisdiction had devoured up the temporall as the temporall now on the contrary side hath almost swallowed up the spirituall But since the forreine authoritie in spirituall matters is abolished and either Jurisdiction is agnised to be setled wholly and onely in the Prince of this land sundry wise mens opinion is there can lye no Praemunire by those Statutes at this day against any man exercising any subordinate Jurisdiction under the King whether the same bee in the Kings name or in his name who hath the same immediatly from the King for that now all Jurisdiction whether it be Temporall or Ecclesiasticall is the Kings and such Ecclesiasticall Lawes as now are in force are called the Kings Ecclesiasticall Lawes and the Kings Ecclesiasticall Courts for that the King cannot have in himselfe a contrarietie of Jurisdiction fighting one against the other as it was in the case betweene himselfe and the Pope although hee may have diversitie of Jurisdiction within himselfe which for order sake and for avoyding of confusion in government hee may restraine to certaine severall kindes of causes and inflict punishment upon those that shall goe beyond the bounds or limits that are prescribed them but to take them as enimies or underminers of his state he cannot for the question here is not who is head of the cause or Jurisdiction in controversie but who is to hold plea thereof or exercise the Jurisdiction under that head the Ecclesiasticall or Temporall Judge Neither is that to move any man that the Statutes made in former times against such Provisors which vexed the King and people of this land with such unjust suits doe not only provide against such Proces as came from Rome but against all others that came else-where being like conditioned as they for that it was not the meaning of those Statutes or any of them therby to taxe the Bishops Courts or any Consistory within this land for that none of them ever used such malepert sawcinesse against the King as to call the Judgements of his Courts into question although they went farre in strayning upon those things and causes which were held to be of the Kings temporall cognisance as may appeare by the Kings Prohibition thereon framed And beside the Archbishops Bishops and other prelates of this Land in the greatest heat of all this businesse being then present in the Parliament with the rest of the Nobility disavowed the Popes insolencie toward the King in this behalfe and assured him they would and ought to stand with his Majestie against the Pope in these and all other cases touching his Crowne and Regalitie as they were bound by their allegeance so that they being not guilty of these enterprises against the King but in as great a measure troubled in their owne jurisdiction by the Pope as the King himselfe was in the right of his Crowne as may appeare out of the course of the said Statutes The word Elsewhere can in no right sence be understood of them or in their Consistories although Et le stat est in Curia Romana vel alibi le quel alibi est a entender en la Court l'Euesque issint que si hōme soit sue la pur chose que appent al Commen ley il aura Praemunire Fitzherb Nat. Bre. Tit. Praemunire facias some of late time thinking all is good service to the Realme that is done for the advancement of the Common Law and depressing of the Civile Law have so interpreted it but without ground or warrant of the Statutes themselves who wholly make provision against forreine authority and speake no word of domesticall proceedings But the same word Elsewhere is to be meant and conceived of the places of remove the Popes used in those dayes being
reforming of that which is over-plus or defective is in the Parliament so notwithstanding as that the Prince evermore breatheth life into that which is done Lawes Statutes or Customes are then best interpreted when as the very plaine and naturall sense of them is sought after and no forraine or strained exposition is mixt with them for that turneth justice into worme-wood and judgement into gall then that the Judge be not too subtill in his interpretation but follow such exposition of the Lawes as men of former age have used to make if they be not plainly absurd and erronious for oft shifting of interpretations breedeth great variance in mens states among such as have busie heads and much discrediteth the Law it selfe as though there were no certaintie in it with which although the fage Judges of our time cannot be charged for ought that I know yet I cannot tell how men much complaine that Lawes are farre otherwise construed in these daies than they were in former ages which as it is an ordinarie complaint in the Temporall Courts so it is not without cause much lamented at the Spirituall Court where the interpretation upon the three Statutes of Tythes made by King Henry the eight and Edward his sonne among other inconstancies of other Lawes hath such great varietie of sense and understanding in sundrie points thereof as that if the makers thereof were now alive and the first expositors thereof sate in place of Judgement againe the Statutes being measured by the interpretation they now make of them vvould hardly acknowledge them either to be the Statutes that they then made or the other did after expound and declare for every of these Statutes and the sense that was given of them vvas wholy for the benefit of the Church according to the tenor thereof but as they now receive explication they are not onely not beneficiall unto the Church but the greatest hinderance to the same that may be for the words are made to jarre with the sense and the sense vvith the vvords neither is there kept any right analogie in them and therefore the Reverend Judges are to be intreated because they challenge unto themselves the opening of the Statutes alone albeit peradventure that be yet subjudice where the Statute of Ecclesiasticall causes is to be interpreted that they would recall such exorbitant interpretations as have of late gone abroad upon these Statutes and restore them to their ancient sense and understanding No man can so cunningly cloake an interpretation but another will be as cunning as hee to spie it out and then the discredit will be the Lawes Lib. 1. Politâ—â— A small errour saith Aristotle in the beginning is a great one in the end and hee that goeth out of the way a little the longer he goeth on the further he is off from the place his voyage was to and therefore the speedier returne into the way againe is best The old Proverbe is He that goeth plainly goeth surely which may be best verified in the exposition of the Law if any where else for commonly men offend no where more dangerously than under the authoritie of the Law and therefore one saith very well that There are two salts required in a Judge the one of knowledge whereby hee may have skill to Judge uprightly the other of conscience whereby hee may be willing to judge according to that as his skill leadeth him unto both which being in the grave Judges it is not to be doubted but they will be easily induced to review their owne and their predecessours interpretations and reduce such exorbitant expositions as have scaped out thereof unto the right and naturall sense thereof which if perhaps they shall be loath to do for because it makes for them or for some other like partiall respect then humble supplication is to be made unto his Majestie that hee himselfe will be pleased to give the right sense of those things which are in controversie betweene both the Jurisdictions for his Majestie by communicating his authoritie to his Judge to expound his Lawes doth not thereby abdicate the same from himselfe but that hee may assume it againe unto him when and as often as hee pleaseth Whose interpretation in that is to be preferred before theirs first for that his interpretation is impartiall as hee that will not weaken his left side to make strong his right for so are these jurisdictions as they are referred unto his politique bodie but will afford them equall grace L. 1. num 8. C. de legibus L. 1. num 7. C. codâ— omnes populi ff de justit jure and favour that hee may have like use of them both either in forraigne or domesticall businesse as occasion shall serve then that his Judges interpretation maketh right onely to them betweene whom the cause is but his highnesse exposition is a Law unto all from which it is not lawfull for any subject to recede neither is it reverseable by any but by himselfe upon a second cogitation or him that hath like authoritie as himselfe hath and therefore most fit to be interposed betweene Jurisdiction and Jurisdiction that the one partie be not Judge against the other in his owne cause which is both absurd and dangerous And let this suffice for the right interpretation of Lawes and Statutes Now it followeth that I speake something of the supplies that may be made to the defects that are in the same SECT 2. The second thing required to the first correcting of superstition and supplying of defective Statutes IT is not to be doubted but it was the full minde and intent of the Lawmakers which made those three Statutes to infeoffe the Ecclesiasticall Courts in the inheritance of all those causes that are comprised in those Statutes save those that are by speciall name exempted and that they did by the said Statute as it were deliver unto them full and quiet possession of the same for even so sundrie branches of the said Statute do shew as I have elsewhere made it manifest and that there hath growne question upon many points thereof and that the professours of the Ecclesiasticall Law have beene interupted in the quiet possession thereof commeth of the unperfect penning of the same and not of any just title or claime that may be made by the professours of the other Law thereunto but this is a thing not onely proper to these three Statutes but also common to all other Statutes which are writ of any Ecclesiasticall causes within this Land which notwithstanding may be remedied if it seeme good unto his sacred Majestie and the rest of the wisedome of the land assembled together at any time for the making of wholsome Lawes and the reforming of the same by supply of a few words in some places or periods that are defective and yet keeping the true meaning and sense of the same As for example in the Statute of the two and thirtieth of Henry the eight in the §