Chap. I. The HISTORY ofthe PURITANS. 433 then demanded, in his majefty's name, the opinion of the judges in threeKcingjamesl. things : r6o4. .r. " Whether the deprivation of puritan minifters by the high ~ " commiflïoners, for refuting to conform to the ceremonies appointedby ", the -laft canons, was lawful? The judges replied, " that they had conferred thereof before, and held " it to be lawful, becaufe the king had the fupreme ecclefiaftical power, " which he has delegated to the commifíioners, whereby they have the " power of deprivation, by the canon law of the realm, and the ftatute " rft Eliz. which appoints commifíioners to be made by the queen, but " does not confer any newpower, but explain and declare the ancientpower; " ° and therefore they held it clear, that the king without parliament might " make orders and conflitutions for the government of the clergy, and might " dettrive them if they obeyed not ; andfo the commi/ioners might deprive " them; but that the commifioners could not make any new conftitu- " tions without the king. And the divulging fuch ordinances by procla- " mation is a molt gracious admonition. And forafmuch as they [the " puritans] have refufed to obey, they are lawfully deprived by the corn- " mifiïoners ex ocio, without libel, & ore tenus convocati. 2. `° 'Whether a prohibition be grantable againft the commifüoners " upon the ftatute of 2 Henry V. if they do not deliver the copy of the " libel to the party ?" The judges replied, " that that ftatute was intended where -the cede- " fiaflical judge proceeds ex officio, & ore tenus. t 3. " Whether it be an offence punifhable, and what punifhment " they deferved, who framed petitions, and collected a multitude of hands thereto, to prefer to the king in a publick cauce, as the puritans " had done, with an intimation to the king, that if he denied their fuit " many thoufands of his fubjeEts would be difcontented ?" The judges replied, " that it was an offence fineable at difcretion, " and very near to treafon and felony in the punifhment, for it tended to " the raifing fedition, rebellion, and difcontent among the people." To which unaccountable refolution all the lords agreed. By thefe determinations the whole body of the clergy are excluded theRemark,,. benefit of the common and ftatute law ; for the king without parliament may make what conftitutions he pleafes : His majefty's high commiC- fioners may proceed upon thefe conflitutions ex ?fficio, and the fubjed may not open his complaints to the king, or petition for relief, without being fineable at pleafure, and comingwithin danger of treafon or felony. Before the breaking up of the, affembly force of the lords declared, that the puritans had railed a falle rumour of the king, o intending VOL. I. K k k to
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