Note 319 — Chapter IV
Reading edition
Neal, 274; Strype's Annals, iii. 180.
The germ of the high commission court seems to have been a commission granted by Mary (Feb. 1557) to certain bishops and others to inquire after all heresies, punish persons misbehaving at church, and such as refused to come thither, either by means of presentments by witness, or any other politic way they could devise; with full power to proceed as their discretions and consciences should direct them; and to use all such means as they could invent, for the searching of the premises, to call witnesses, and force them to make oath of such things as might discover what they sought after. Burnet, ii. 347. But the primary model was the inquisition itself.
It was questioned whether the power of deprivation for not reading the common prayer, granted to the high commissioners, were legal; the Act of Uniformity having annexed a much smaller penalty. But it was held by the judges in the case of Cawdrey (5 Coke Reports), that the act did not take away the ecclesiastical jurisdiction and supremacy which had ever appertained to the crown, and by virtue of which it might erect courts with as full spiritual jurisdiction as the archbishops and bishops exercised.