358 The HISTORY of the PURITANS. Chap. VIII, aeen had poffefïion of his living. On this occafion the jurifdiaion of the court Etizabeth, was argued before all the judges in Hilary Term, soh Dr. Aubre y the xw'o 592 civilian confeffed, that their proceedings were not warrantable by the letter of the statute tsl Eliz. but were built upon the old canon law ftill in force; though it has been (hewn that their proceeding by way of in quifition was warranted by no law at all ; yet the judges confirmed the proceedings of the court, and left Mr. Cawdery with his large family to ftarve as a layman. The fuit cost Mr. Cawdery's friends a round fum of money, betides two and twenty journeys which he made to London. But it was a brave (land for the rights of the fubjeEt, and ftaggered the arch- bishop fo much, that he declined the bufinefs of the commiffon afterwards, and lent molt of his prifoners to the Star-chamber. While thefe,caufes were depending, fundry books were wrote for and againft the oath ex officio; among othersMr. Morrice, attorney of the court of Wards, and member of parliament, published a learned treatife to prove, that no prelates, or ecclefiaftical judges, have authority to compel any fubjeét of the land to an oath, except in caufes teftamentary or ma- Mr. kw- trimonial ; and he gives thefe reafons for it, (1.) Becaufe it is againft the neyMorrice's word of God. (2.) It was never allowed by any general council for a argument) a- thoufand years after Christ. (3.) It was forbidden by the pagan em- garnfÌ the oath ex offi- perors againft the chriftian. (4.) It is against the pope's decretals, except in cio. cafes of hereby, and where there is danger to the accufer, and not otherwife. L. ofwhit- (S) It is againft the laws of the realm. And (6.) Becaufe it is against gift, p.339 the queen's prerogative. Morrice's book was anfwered by Dr. Cofani a ci- vilian, inhisapology for theecclefiaftical proceedings ; to which Morrice had prepared a reply, but the archbifhop hearing of it, fent for him, and for- bid the publication. The attorney complained of this ufage to the trea- furer in thefe words ; " Cofins may write at his pleafure of ecclefiaftical " courts without checkor controulment, though never fo erroneously ; but I poor man, fuch is my ill hap, may not maintain the right caufe of " ,justice without fome blot or blemish." But this was-hisgrace's shorteft way of ending controverfies. Manyof the Though Mr. Cartwright and his brethren above -mentioned had the b,abren. take refolution to lie in goal for two years, rather than take the oath ex officio, °t' others out of weaknefs, or Tome lower principle, yielded to it, and dif- gift, L. of whit_ P P 3' ;gi p.375. covered their classes, with the names of thofe that were prefent at them:. Among thefe were Mr. Stone, reElor of Warkton in Northamptonshire; Mr. Henry Alvey, fellow of St. yohn s, Cambridge ; Mr. Thomas Edmunds, Mr. WilliamPerkins, Mr. Littleton, yohnfon, Barbar, Cleavely and Nut- and difcaver ter. Thefe divines confeffed upon examination, that they had feveral :tbairfnads. meetings with their brethren in London, at the houfes of Mr. Travers, Egerton, Gardner, and Barbar; that there had been affemblies of mi- Miters
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