Selected quad for the lemma: authority_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
authority_n	bishop_n	church_n	jurisdiction_n	5,357	5	9.3309	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A44732	Londinopolis an historicall discourse or perlustration of the city of London, the imperial chamber, and chief emporium of Great Britain : whereunto is added another of the city of Westminster, with the courts of justice, antiquities, and new buildings thereunto belonging / by Jam. Howel Esq.	Howell, James, 1594?-1666.	1657 (1657)	Wing H3091; ESTC R13420	281,998	260

to the roof of Timber well and surely covered with Lead But after an hundred and threescore years King Henry the third subverted this Fabrick of King Edwards and built from the very foundation a new Church of very rare Workmanship supported with sundry rowes of Marble Pillars and the roofe covered over with sheets of Lead a piece of work that cost fifty years labour in building which Church the Abbots enlarged very much toward the West end and King Henry the seventh for the burial of himself and his Children adjoyned thereto in the East end a Chappel of admirable artificial elegancy The Wonder of the Worlde as Leland calleth it for a man would say that all the curious and exquisite work that can be devised is there compacted wherein is to be seen his own most stately magnificial Monument all of solid and mass●e Copper This Church when the Monks were driven thence from time to time was altered to and fro with sundry changes First of all it had a Dean and Preb●ndaries soon after one Bishop and no more namely T. Thurlbey who having wasted the Church Patrimony surrendred it to the spoil of Courtiers and shortly after were the Monks with their Abbot ●et in possession again by Queen Mary and when they also within a while after were by authority of Parliament cast out Queen Elizabeth converted it into a Collegiate Church or rather into a Seminary and Nurse-Garden of the Church appointing twelve Prebendaries there and as many old Souldiers past service for Alms-men fourty Schollars who in their due time are preferred to the Universities and from thence sent forth into the Church and Common-weale c. Over these they placed D. B●ll Dean whose Successor was Gabriel Goodman a right good man indeed and of singular integrity and an especial Patron of Literature Within this Church are intombed that I may note them according to their dignity and time wherein they died Sebert the first of that name and first Christian King of the East-Saxons Harold the bastard Son of Canutus the Dane King of England Edward King and Confessour with his Wife Ed●th Maud Wife to King Henry the first the Daughter of Malcolme King of Scots King Henry the third and his Son King Edward the first with Eleanor his Wife Daughter to Ferdinando the first King of Castile and of Leon King Edward the third and Philippa of Henault his Wife King Richard the second and his Wife Anne Sister to VVencelaus the Emperour King Henry the fifth with Katherine his Wife Daughter to Charles the sixth King of France Anne Wife to King Richard the third Daughter to Richard Nevil Earl of VVarwick King Henry the seaventh with his Wife Elizabeth Daughter to Ki●g Edward the fourth and his Mother Margaret Countesse of Richmond King Edward the sixth Anne of Cleave the fourth Wife of King Henry the eighth Queen Mary and Queen Elizabeth Prince Henry eldest Son of King Iames the sixth of Scotland and first of England who lies there also interred with Queen Anne his Wife and lastly the first male born of Charles the first dying an Infant Of Dukes and Earls Degree there lie here buried Edmund Earl of Lancaster second Son of King Henry the third and his Wife Aveline de Fortibus Countesse of Albemarle William and Audomar of Valence of the Family of Lusignian Earls of Pembrooke Alphonsus Iohn and other Children of King Edward the first Iohn of Eltham Earl of Cornwall Son to King Edward the second Thomas of Woodstock Duke of Glocester the youngest Son of King Edward the third with other of his Children Eleanor Daughter and Heir of Humphrey Bohun Earl of Hereford and of Essex Wife to Thomas of VVoodstock the young Daughter of Edward the fourth and King Henry the seventh Henry a Child two Months old Son o● King Henry the eighth Sophia the Daughter of King Iames who died as it were in the very first day-dawning of her age Phill●ppa Mohun Dutches of Yorke Robert of Hexault in right of his Wife Lord Bourchier Anne the young Daughter and Heir of Iohn Mowbray Duke of Norfolk promised in marriage unto Richard Duke of York younger Son to K. Edward the 4th Sir Giles Daubeny Lord Chamberlain to King Henry the 7th and his Wife of the house of the Arundels in Cornwal I. Viscount VVells Farnces Brandon Dutchess of Suffolk Marry her Daughter Margaret Douglasse Countesse of Lennox Grandmother to Iames King of great Britain with Charles her Sonne VVinifred Bruges Marchionesse of V●inchestèr Anne Stanhope Dutchess of Sommerset and Iane her Daughter Anne Cecill Countesse of Oxford Daughter to the Lord Burleigh Lord High Treasure of England with Mildred Burghley her Mother Elizabeth Berkeley Countesse of Ormond ●Frances Sidney Countess of Sussex Iames Butler Vicount Thurles Son and Heir to the Earl of Ormond Besides these Humphrey Lord Bourchier of Cromwall Sir Humphrey Bourchier Son and Heir to the Lord Bourchier of Beruers both slain at Bernet field Sir Nicholas Carew Baronesse Powisse T. Lord Wentworth Thomas Lord Wharton John Lord Russel Sir T. Bromley Lord Chancellour of England Douglas Howard Daughter and Heir general of H. Vicount Howard of Bindon Wife to Sir Arthur Gorges Elizabeth Daughter and Heir of Edward Earl of Rutland Wife to William Cecill Sir John Puckering Lord Keeper of the great Seal of England Francis Howard Countesse of Hertford Henry and George Cary the Father and Son Barons of Hundsdon both Lords Chamberlains to Queen Elizabeth the Heart of Anne Sophia the tender Daughter of Christopher Harley Count Beaumont Embassador for the King of France in England bestowed within a small gilt Urne over a Pyramid Sir Charles Blunt Earl of Devonshire Lord Livetenant General of Ireland And whom in no wise we must forget the Prince of English Poets Geoffrey Chaucer as also he that for pregnant wit and an excellent gift in Poetry of all English Poets came nearest unto him Edmund Spencer William Cambden Clarencieux King of Arms Causabon the grea● French Writer Michael Drayton Then there is George Villers Duke Marquiss and Earl of Buckingham favorite to King James and Charles the first The late Earl of Essex with divers other during the Reign of the long Parliament There was also another Colledge or Free-Chappel hard by consisting of a Dean and twelve Chanons Dedicated to St. Stephen which King Edward the third in his princely Magnificence repaired with curious Workmanship and endowed with fair possessions so as he may seem to have built it new the time as he had with his Victories over-run and subdued all France recalling to mind as we read the Charter of the Foundation and pondering in a due weighty devout consideration the exceeding benefits of Christ whereby of his own sweet mercy and pitty he preventeth us in all occasions delivering us although without desert from sundry p●ills and defending us gloriously with his powerful right Hand against the violent assaults of our adversaries with victorious successes and in other

the Clerks of the Petty-bag and the six Attorneys Having spoken somewhat of this Court 's ordinary Jurisdiction something shall be said of the extraordinary proceedings thereof according to the Rule of Equity secundum aquum et bonum or according to the dictates of Conscience for the Lord Chancelor or Keeper of the Great Seal of England may be said to be Keeper of the Kings Conscience for mitigation of the rigour of the Common Law Yet this Court of Equity proceeding by English Bill is no Court of Record therefore it can bind but the Person only and neither the State of the Defendants Lands nor property of his Goods and Chattles therefore if the Lord Chancelor impose any fine it is void in Law he having no power but on the Person only Yet the Lord Chancelor or Keeper is sole Judge both in this Court of Equity and in the Court concerning the Common Law but in cases of weight or difficulty he doth assist himself with some of the Judges and no greater exception can be taken hereunto than in case of the Lord Steward of England being sole Judge in tryal of the Nobility who also is assisted with some of the Judges Touching this Court of Equity the ancient Rule is that three things are to be considered in a Court of Conscience Covin Accident and Breach of confidence All Covins collusions frauds and deceits for which ther 's no remedy by the ordinary course of Law Accident as when the servant of an Obligor or Morgageor is sent to pay the money on the day and he is robb'd c. then remedy is to be had in this Court against the for●eiture The third is breach of tru't and confidence whereof there are plentiful examples The ancient Custome was when one was made Lord Chancellor for the King to hang the Great Seal about his Neck Cardinal Woolsey had the Chancelorship by Letters Pat●ents during life but it was held void because an ancien Office must be granted as it was accustomed Henry the 〈◊〉 had two great Seals one of Gold which he delivered the Bishop of Durham and another oft Silver which he delivered the Bishop of London The Chancellors Oath consists of six parts 1. That well and tr●ly he shall serve the King our Soveraign Lord and his People in the Office of Chancellor or Lord Keeper 2. That ●e shall do right to all manner of people poor and rich after the Laws and usages of the Realm 3. That he shall truly Counsel the King and his Counsel he shall layne or conceal and keep 4. That he shall not know nor suffer the hurt or disheriting of the King or that the Rights of the Crown be decreased by any means as far as he may let it 5. And in case he cannot let it he shall make it clearly and expresly to be known to the King with his true advice and counsel 6. He shall do and purchase the Kings profit in all that he reasonably may There be in this Court many Officers whereof mention is made before the principal whereof is the Master of the Rolls which is an ancient Office and grantable either for life or at will according to the Prince his pleasure Edward the third by Letters Patents annex'd the House of the converted Iews in Chancery Lane to this Office for keeping of the Records of the Chancery viz. Charters Letters Patents Commissions Deeds Recognizances which before the Reign of Henry the seventh were used to be transmitted to the Tower of London The Master of the Rolls used to have Iure Officii the gift of the Offices of the six Clerks in the Chancery and in the absence of the Lord Chancellor he heareth Causes and giveth Orders OF THE COVRT OF COMMON-PLEAS IN WESTMINSTER-Hall IN times pass'd the Courts and Benches or Banks of Justices as was touched before followed the Kings Person wheresoever he went as well since the Conquest as before which thing being found chargeable and cumbersome The ninth of Henry the third it was resolved that there should be a standing place appointed where matters should be heard and determined And the Court of the Common Pleas was the first that was fix'd wherein tenures of Lands and civil Actions used to be pleaded And it is one of the Statutes of Magna Charta Quod Communia placita non sequantur Curiam nostram sed teneantur loco certo That the Common Pleas follow not our Court but be kept in a certain place Now Pleas are distinguished into Pleas of the Crown as Treason and Felony with misprision of Treason and Felony which belong to the Upper Bench and to Common or Civil Pleas whereof this Court takes Cognizance This Court therefore is call'd the Lock and Key of the Common Law of England and the Judges there sitting had need to be more knowing and learned than any other for here all Reall Actions whereupon Fi●es and recoveries the common assurances of the Land do passe and all other reall Actions by original Writs are to be determined as also of all Common 〈◊〉 mixt or personal in divers of which the Kings Bench this Court have a concurrent authority But regularly this Court cannot hold Common 〈◊〉 in any Action real mix'd or personal but by Writ out of the Chancery and returnable to this Court yet this Court in some cases may hold Plea by Bill without any Writ in the Chancery as for or against any Officer 〈◊〉 or priviledged Person of this Court. This Court also without any Writ may upon a suggestion grant Prohibitions to keep Temporal as well as Ecclesiastical Courts within their bounds and jurisdictions without any Original or Plea depending for the Common Law which in those cases is a Prohibition of it self stands instead of an Original The Chief Justice of this Court is created by Letters Patents during the pleasure of the Prince and so are the rest of his Associats but none is capable to be constituted a Judge here unlesse he be a Sargeant at Law of the degree of the Coif The jurisdiction of this Court is general extendeth throughout England The Officers of this Court are many viz. Custos Brevium three Protonotaries Clerk of the Warrants Clerk of the Kings Silver four Exigenters fourteen Filazers Clerk of the Juries Clerk of the Essoins Clerk of the Outlaries which belongeth to the Attorney General who doth exercise it by Deputy In former times great abuses have been by Attorneys of this Court by suing out a Judicial Processe with any Original which when detected have been severely punished OF THE COVRT OF THE EXCHEQUER THe Authority of this Court is of Original Jurisdiction without any Commission In the chief place of account for the Revenues of the Crown The Hearers of the accounts have Auditors under them and they who are the chief for the accounts of the Prince are called Barons of the Exchequer whereof one is called Lord Chief Baron The greatest Officer of all is the Lord Treasurer In

Right and Prerogative due to the Crown in that they have seized and converted to their own use Goods and Chattels of infinite value taken at Sea and other Goods and Chattels which in no sort appertain unto his Lordship by his Letters Patents wherein the said Non obstante is contained and for which he and his Officers remain accountable to his Majesty And they now wanting in this time of peace causes appertaining to their natural jurisdiction do now encroach upon the jurisdiction of the common Law lest they should sit idle and reap no profit They added further That touching their proceedings in granting of Prohibitions concerning any of the said Articles two things were to be considered of first the matter then the manner touching the matter nothing hath bin done therein by the Court of Westminster but by good Warrant of Law and former judicial Precedents And for the manner they granted none in the Vacation time nor in their Terme time in any of their Chambers nor in the Court in the Terme-time ex officio but upon motion made in open Court by learned Councel and after a day prefixed and warning given to the adverse party c. Hereupon they proceeded to prove and confirm their answers by three kind of Authorities in Law First By Authority of High Court of Parliament Secondly By Judgement and judicial Precedents Thirdly By Book-Cases Concerning the Acts of Parliament they urged the Statute of Richard the second viz. That the Admiralls and their Deputies shall not meddle from henceforth with any thing done within the Realm of England but only with things done upon the Sea according to that which hath been duly used in the time of the Noble King Edward Grandfather to Richard the second Concerning the second proof by Judgements and Iudicial Precedents and the third by Book-Cases they alledged divers Cases which are to be seen in that great light and laborious Champion of the Common Law of England the Lord Coke in the third part of his Institutes But the Result of all which the Iudges of the Common Law driv ' at was that the Court of Admiralty was to take no Cognizance nor had power to determine any thing that had happened and should give occasion of Plea upon any Waters either fresh or salt that were within the Precincts of any County but it was tryable by the Common Law of England and by the Empanelment and Verdict of twelve men which is not the way of Tryal of the Civil Law by which the Admiralty is directed By this notable clash and contestation 'twixt the Iudges of Westminster-Hall and the Lord Admiral the Reader may learn what the extent of the Authority of that Court is and that the jurisdiction of the Admiral is confined to the high Sea In times past there were distinct Admirals in point of power as we read in Richard the seconds Raign the Earl of Northumberland was Admiral of the North and the Earl of Devonshire Admiral of the West who were to receive the Subsidy of Poundage and Tonnage for the garding of the Seas Among other Prerogatives which belonged to the Lord Admiral of England one was to erect Beacons upon the Maritim Coasts which word is derived from the old Saxon or Dutch Becnam which signifieth to give a signe as we use the word to becken at to this day Before the Reign of Edward the 3d there were but stakes of Wood set upon high places which were fired upon the discovery of any enemies but in his time pitched Barrels were set up and by the Law of the Land whosoever fired a Beacon commits Felony unless there were Authority and just cause for it In other Countries they are called Phares which are no other then speculatory or maritime monitory fires which serve for two ends as well to direct Seafaring men as to fore-warn the approach of an Enemy which with such wonderful celerity give the whole Land an Alarum and so puts them in a posture of defence But there are three main matters whereof the Lord Admiral is to take Cognizance which are Flotsan Ietsan and Lagan whereof the first is when a Ship is sunk and perished and the Goods floating upon the waters The second is Ietsan when in stresse of weather or other occasions the Goods are thrown over-board The third is when Goods are tyed to a Cork or Cable and may be found again But the Court of Admiralty hath not to do with Wrecks for then the Goods are deposited in the custody of the Officers of the next Town where if the Proprietor come within a twelve moneth and a day he may claim them by Law Henry the sixth did constitute by Charter Iohn Holland Duke of Exceter and Henry his Son to be Admirallos Angliae But the Iudges of the Common Law held that Charter to be invalid and the Reason they alledged was that that Charter being of a Iudicial Office it could not be granted to two When the former contestation happened 'twixt the Court of Admiralty and Westminster-Hall they were choyse powerful men at that time who swayed as Grandees of the Common Law as Sir Edward Coke the Lord Bacon Iudge Doddridge and Hubbard which made them carry the Bucklers from the Civilians at that time But there were some learned Treatises published afterward to vindicate the Right of the Civil Law which without controversie hath more in it of natural equity and reaches of pure Reason then any other It is the Product of that mighty Monarchy of the Romans who though they conquered by the Lance yet they con●er●ed by their Lawes so many vast distant Territories and Nations which they had subdued leading so many people Captive by their policy as much as by their Prowesse And indeed the Civil Law is fitted for the general Affaires of mankind and for all Nations For though every particular state hath some few municipal Lawes peculiar to it self yet no where beyond the Seas is there any profession or Science of Law but of the Civil nor are there any other studied in Vniversities Only in England there are Inns of Court which are equivalent to an Academy where lex Terrae or the common municipal Law of the Land is studied and Graduates proceed and are made therein accordingly which is no where else But the Civil Law extends to all man-kind And if regard be had to the University of humane Reason it is no where ●o narrowly discussed and eventilated and the judgement rectified by clear notions Moreover there is nothing of what nature soever it be but the Civil Law hath ordained a means to bring it to a Tryal either by giving a speciall action in the case or a general one releeving by ordinary remedies or if those fail by such as are extraordinary helping the Clyent Iure actionis or Officio Iudicis Yet there was one notable Example of one business that not only caused a clash 'twixt the Civilian and Common Lawyer but puzzel'd them both so that