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A01338 The argument of Master Nicholas Fuller, in the case of Thomas Lad, and Richard Maunsell, his clients Wherein it is plainely proved, that the Ecclesiasticall Commissioners haue no power, by vertue of their commission, to imprison, to put to the Oath ex officio, or to fine any of his Maiesties subiects. Fuller, Nicholas, 1543-1620. 1607 (1607) STC 11460; ESTC S102744 22,550 38

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THE ARGVMENT OF MASTER NICHOLAS FVLLER IN THE CASE OF THOMAS LAD AND RICHARD MAVNsell his Clients Wherein it is plainely proved that the Ecclesiasticall Commissioners haue no power by vertue of their Commission to Imprison to put to the Oath Ex Officio or to fine any of his Maiesties Subiects Psal 2.10 Be wise now therefore ye Kings be learned ye Iudges of the earth 2. Chron. 19.6 Take heede what ye doe for ye execute not the iudgments of man but of the Lord and he will be with you in the cause and iudgment Prov. 24.11.12 Deliver them that are drawne to death and wilt thou not preserue them that are led to be slayne If thou say Behold we knew not of it he that pondereth the heartes doth not he understand it and he that keepeth thy soule knoweth he it not will not he also recompense every man according to his workes Imprinted 1607. THE PRINTER TO THE READER CHristian Reader there came to my hands by the good providence of God this Argument of M. Fullers accompanied with some few lines wherin as it should seeme it was sent inclosed to a Gentleman of good worth and worship on this side the Seaes Having read it over perceiving it to be of very necessarie use for my Countrimen whose good I desire from my heart and whose welfare I take my selfe bound to procure as I may though now I be in a part farre remote from them I haue adventured to publish it to the view of the world the rather because therein both the uniust usurpation of the Prelates over his Maiesties Subiects is notably discovered and the lawes and liberties of the land the high Inheritance of the subjects are worthily stood for and maintained maugre the malice of the Prelates who as I heare studie and striue even with might and maine to beare downe all before them to the ruine of that sometime-flourishing Church and Common-wealth How the publishing of it wil be liked I cannot tell how ever I send it abroad to thy view even as it came to my handes which I doe I professe in the presence of that great God altogither without the privitie either of the Gentleman himselfe whose bandes I would be loth any maner of way to increase or of the silenced Ministers who haue felt the weight of these lawles proceedings too too long in the handes of the Prelates Reade it and consider well of it and if thou reape any benefite by it giue all the glorie to God alone who can if it seeme so good unto him by weake meanes bring great matters to passe Farewell To my worshipfull frend W.W. WOrshipfull Sir I send you here-inclosed the thing which you sent for so long since What the drift of it is I understand in part as having read it over How well it is performed I am not able to iudge because it is out of my Element The Gentleman arguing the Case is knowne to many but diversly both thought and reported of upon occasion of his present troubles His per●on and cause I leaue to them to whom it belongeth iustly to determine of such great matters But touching the poynt it selfe I hope that as you out of the depth of your iudgment great experience are able to speake much both for the matter and manner of it so you will not be unwilling to declare your minde as occasion shal be offered either in the like or dislike of it And so having no more at this time to trouble your Worship withall but patiently waiting for your opinion herein if you so thinke it good and wishing alwayes all maner of good unto you I humblie take my leaue Gentle Reader because the French quoted in this Argument is somewhat mis-printed and the Latine though it be not much may yet notwithstanding stumble the simple and such as be unlearned I haue thought it not amisse to english both the one and the other referring thee every where to the page and line where either of them is Pag. 5. line 9. Because the Kings power ought not to be wanting to holy Church Ibid. line 19. but by the lawful iudgment of his Peeres or the law of the land Pag. 7. line 7. as before pag 5. line 9. ibidem line 27. c. Supplication is made to the most excellent and gratious Prince our Lord the King on the behalfe of your humble Orators the Prelats and Clergie of your kingdome of England that whereas the Catholike faith founded upon Christ and by his Apostles and Church c. Which petitions of the Prelates Clergie before expressed our Lord the King with the consent of his Nobles and other Peeres of his Realme assembled in present Parliament hath graunted and in every of them according to the forme c. Pag. 8. line 8. Also the Commons pray that sith it is conteyned in the great Charter that none should be arrested or imprisoned without answer or due processe of law which Charter is confirmed in every Parliament c. And besides they intreat that if any be arrested or imprisoned contrary to the forme of the Charter aforesayd that he may come and appeare to his answer and take his iudgment even as the law requireth also that no such Arrest or Imprisonment may be drawne into custome to the destruction of the law of the King Ibidem line 16. Let the Statutes and the common law be kept Ibid. line 20. c. Also the commons beseech that whereas a statute was made in the last Parliament in these words It is ordeined in this Parliament that the Kings Commissions be directed to the Sheriffes and other officers of the King or to other sufficient persons after and according as the certificates of the Prelates were wont to be in the Chauncery from time to time and that such preachers their favourers abettours c. Which was never assented unto nor graunted by the commons but that which was done therein was done without their assent and so the statute is of no force For it was never their meaning to iustifie it nor to binde themselues nor their successors to the Prelates any more then their Auncestors had done in times past It pleaseth the King Pag. 10. line 31. Because no man is bound to betray himselfe Pag. 11. line 9. An Oath in a mans owne cause is the devise of the Devill to throw the soules of poore men into Hell Pag. 12. line 19. Nature is a preserver of it selfe Ibidem line 27. Without a certaine Author of the Bill exhibited no accusations ought to haue place for it is both a thing of very evill example and not the manner of these times Pag. 14. line 26. c. The King can doe nothing upon earth seeing he is the servant and lieuetenant of God but that which he may lawfully doe because that power belongeth onely to God but the power of doing wrong belongeth to the Devill and not to God and the workes of which so ever of these