[29] Brodie, i. 198. He adds: "Though fines were imposed, not one was levied in Elizabeth's time by any judicial process out of the Exchequer, 'nor any subject, in his body, lands, or goods, charged therewith.'"—Coke's 4th Inst., 326, 332; 4th Inst., 331.
In various printed books the legality of the Court was questioned. The ex officio oath was objected to as a sinister practice of the Romish clergy, and contrary to fundamental laws of liberty.—Burn's High Commission (a pamphlet published by J. Russel Smith, 1865), 14.
[30] "To you, or three of you, whereof the Archbishop of Canterbury, or one of the bishops mentioned in the commission, or Sir Francis Walsingham, Sir Gilbert Gerard, or some of the civilians, to be one."—Neal, i. 410.
There are subsequent commissions for the diocese of Norwich, 1589; for Manchester, 1596, 1597; for England and Ireland, 1600.—See Rymer, Vol. vii. 173, 194; xvi. 291, 400.
A commission was issued, 1629, to the Archbishop of Canterbury, &c., to exercise all manner of jurisdictions, privileges, and pre-eminences, concerning any spiritual or ecclesiastical jurisdiction within the realm; also to enquire, hear, determine, and punish all incests, adulteries, &c., and disorders in marriage, and all other grievous and great crimes.
[31] Four folio books of proceedings, from 1634 to 1640, are in the State Paper Office. At Norwich there is a book of proceedings from 1595 to 1598, and at Durham two volumes of Acts and Depositions from 1626 to 1639. These are the only records known to exist.—Burn's High Commission, 44 & 52.
[32] See Cal. Dom., 1633-4, 1634-5. Lady Eleanor Davies alias Douglas, (evidently insane) is mulcted to the extent of £3,000 for certain fanatical pamphlets. Richard Parry has a fine of £2,000 for disturbance of divine service and profane speeches, mitigated to 1,000 marks.—Cal. 1634-5, 176. A fine of £1,000, from Theophilus Brabourne, for maintaining and publishing heretical and Judaical opinions touching the Sabbath, is repeatedly mentioned, with notices of respites, suspension of sentence, and mitigation. A silk weaver was committed to the Gate House for fetching a parcel of schismatical books. The most preposterous suspicions were entertained, leading to outrageous injustice, as in the case of "two poor foolish boys, taken amongst others, at Francis Donwell's house, the aleholder, at Stepney," for "sitting at the table with Bibles before them." "They were, by order of the court, discharged," but not till after many days' imprisonment. "They were taken on Sunday last past was fortnight, the 1st of October, 1635."
The following entry occurs relating to Richard Walker Clerk, prisoner in the Gate House: "Defendant having lain a twelvemonth in prison for preaching a scandalous and offensive sermon here in London, and having promised by his subscription to carry himself peaceably and conformably to the orders of the Church of England, he was ordered to be enlarged." Cal. 1634-5, p. 544.
[33] Cal. 1634-5, p. 177, 118, & 110.
[34] Some strange specimens of puritan "faithfulness" are given; (Cal. 1634-5, p. 319,) but the question arises, were the passages we find correctly reported?