Chap. VII, The HISTORY of thePuRrrarrs. 277' The court of HIGH COMMISSION was fo called, becaufe it claimed Queen a larger jurifdiftion, and higher powers, than the ordinary courts of the Elir58.}zabeth, bops; its jurifdiftion extended over the whole kingdom, and was the .,-,) fame in a manner with that which had been veiled in the tingle perfon Remarks. of lord Cromwel, vicar general to king Henry the VIIIth. thoughnow put into commifion. The court was erefted upon the authority of the alts mentioned in the preamble, and therefore its powers muff be limited by thofe flatutes; but the council; for Mr. Cawdrey, whofe cafe was arguedp. 318. before all the judges in Trinity Term, 1591, queflioned whether the court had any foundation at all in law ; itbeing doubtful whether the queen could delegate her ecclefiaftical authority, or the comm(faries ad by virtue of Inch delegation. But admitting the court to be legal, it will appear that both the queen and her commif inners, exceeded the powers granted them by law ; for it was not the intendment of the aft offupremacy, to veft any new powers in the crown, but only to refiore thofe which were fuppofed to be its an cient and natural right. Nor do the oils above recited, authorize the queen to difpenfe with the laws of the realm, or aft contrary., to them ; or to fet afide the ordinary legal courfe of proceeding, in other courts ofju- dicature, by indiftments, witneffes, and a juryof twelve men ; nor do they empower her to levy fines, and inflift what corporal punithments the pleafes, upon offenders ; but in all criminabcafes, where the precife punifh- ment is not determined-by the flatute, her commifiioners were to be di- refted and governed;.by the common law of the land. Yet contrary to the proceedings in other courts, and to the of ential'Lega/ìy of he freedom of the Eñglifh conftitution, the queen empowered, her commit-re0' "mIf¡on fioners, to enquire into all mifdemeanors, not only by the oaths oftwelve men, debated. and witnelles, but by ALL OTHER MEANS AND WAYS THEY COULD DEVISE -; that is;- by inquifition, by the rack, by torture, or by any ways and means, that forty-four fovereign judges fhould devife. Surely this fhould have been limited to ways and means, warranted by the laws and ofehe realm. Further, her maiefty empowers her commijianers, to examine- fuchper.. Of the'eatb'- fns as they fufpefedupon-their CORPORAL OATHS; for the better trial ex officio. andopening f the truth, and topuni/h thofe that refuted the oath, byfine or imprifanment,.ACCORDING.TO THEIR DISCRETION. This refers-to the; oath ex officio mero, and was not in the five firft commifflons. It was faid inbehalf of this oath, by-Dr. Aubrey the civilian, that tho' itwas not warrantable bythe letter of the fiatute of the aft of Elizabeth, yet the canon law being- in force, before the making of that flatute, and L. of Whit the commiflion warranting the commifioners to proceed according to the gift, P. 340; law. ecclçfia/lical, they might., lawfully,adminifter it, according ,to ancient cuflom...
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