_P._ The statute also says, that they who draw men out of the realm in plea, whereof the cognizance pertaineth to the King’s court, or of things whereof judgment is given in the King’s court, are within the cases of præmunire. But what if one man draw another to Lambeth in plea, whereof judgment is already given at Westminster. Is he by this clause involved in a præmunire? _L._ Yes. For though it be not out of the realm, yet it is within the meaning of the statute; because the Pope’s court, not the King’s court, was then perhaps at Lambeth. _P._ But in Sir Edward Coke’s time the King’s court was at Lambeth, and not the Pope’s. _L._ You know well enough that the spiritual Court has no power to hold pleas of common-law. _P._ I do so; but I know not for what cause any simple man, that mistakes his right court, should be out of the King’s protection, lose his inheritance and all his goods, personal and real, and if taken, be kept in prison all his life. This statute cannot be by Sir Edward Coke’s torture made to say it. Besides, such men are ignorant in what courts they are to seek their remedy; and it is a custom confirmed by perpetual usage, that such ignorant men should be guided by their counsel at law. It is manifest, therefore, that the makers of the statute intended not to prohibit men from suing for their right, neither in the Chancery, nor in the Admiralty, nor in any other court, except the Ecclesiastical courts, which had their jurisdiction from the Church of Rome. Again, where the statute says, “which do sue in any other court, or defeat a judgment in the King’s court”: what is the meaning of another court? Another court than what? Is it here meant the King’s Bench, or Court of Common Pleas? Does a præmunire lie for every man that sues in Chancery for that which might be remedied in the Court of Common Pleas? Or can a præmunire lie by this statute against the Lord Chancellor? The statute lays it only on the party that sueth, not upon the judge which holdeth the plea. Nor could it be laid, either by this statute or by the statute of 16 _Rich. II_, upon the judges, which were then punishable only by the Pope’s authority. Seeing then the party suing has a just excuse upon the counsel of his lawyer, and the temporal judge and the lawyer both are out of the statute, the punishment of the præmunire can light upon nobody. _L._ But Sir Edward Coke in this same chapter bringeth two precedents to prove, that though the spiritual courts in England be now the King’s courts, yet whosoever sueth in them for any thing triable by the common-law, shall fall into a præmunire. One is, that whereas in the twenty-second year of _Hen. VIII_ all the clergy of England in a convocation by public instrument acknowledged the King to be supreme head of the Church of England; yet after this, viz. 24 _Hen. VIII_, this statute was in force.