440 LIVES OF THE PURITANS. ceremonies, could neither know their accusers, nor enjoy the benefit of subjects :-Because, though the bishops con- demned nonresidence as odious in itself; and injurious to the church of God ; yet they tolerated it, and dispensed with it :-And because the said bishops did molest and deprive ministers for preaching the very same doctrines which they had themselves printed and published to tbe world." On these grounds, he was unwilling to submit his case to the determination of the two ecclesiastical judges, whose tender mercy was cruelty.. It will be proper also to observe, that he was no sooner brought under the ecclesiastical censure, than he made fresh application to the treasurer. He wrote two letters, the one dated May 31st, being the day following his censure, and the other the 3d of the following month. In these letters he gave an impartial account of the hard usage he had met with, earnestly soliciting his lordship's favour- able attention to his unhappy case.+ Upon the reception of these letters, the lord treasurer, convinced of the injuries he had received, warmly espoused his cause ; and engaged Attorney Morrice,t to undertake Mr. Cawdrey's defence, even after his suspension and deprivation. The learned lawyer, therefore, held the bishop's sentence to be null and void in law ; because Mr. Cawdrey's benefice 'was not in Aylmer's diocese, and so not within his jurisdiction ; and that the sentence was his lordship's sentence alone, and not the sentence of the commissioners. For by law the sen- tence should have been given in the name of all the com- missioners present, and not in the name of one of them by the consent of the others, as in the present case. In addition to this, the bishop had declared expressly in his decree, that the cause was controverted before him by virtue Life of Aylmer, p. 134-138. + MS. Register, p. 797, 798. `Attorney James Morrice was a most able and learnedbarrister, a man of great piety, a zealous opposer of vice, and an avowed friend to the reformation. He was attorney of the court of wards, a member of par- liament, and a zealous and courageous defender of the rights and liberties of the people, against all oppression. In the parliament of 1592, he moved the house to inquire into the proceedings of the bishops in spiritual courts, and how far they could justify their inquisition, their subscriptions, and their binding the queen's subjects to their good behaviour, contrary to the laws of God and the realm ; their compelling men to take oaths to accuse themselves ; and to deprive, degrade, and imprison them, and keep them in prison during their own pleasure. At the same time, he offered two hills to the house; one against the oath ex officio, and the other against the illegal proceedings of the bishops, inwhich he was sup- ported by Sir Francis iinollys and other great statesmen.-Strypes Whitgift, p. 387, 388.
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