Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	chancellor_n	lord_n	treasurer_n	4,725	5	10.9378	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A01086	Certaine considerations touching the better pacification, and edification of the Church of England dedicated to His most excellent Maiestie.	Bacon, Francis, 1561-1626.	1604 (1604)	STC 1120; ESTC S101540	19,100	46

of the first good Emperours that imbraced the Faith For the times of persecution before temporall Princes receiued the Faith as they were excellent times for doctrine and māners so they be vnproper and vnlike examples of outward gouernment and policie And so much for this point now to the particular points of Controuersies or rather of Reformation Circumstances in the Gouernment of Byshops FIrst therefore for the Gouernment of Byshops I for my part not prejudging the Presidents of other reformed Churches doe hold it warranted by the word of God and by the practise of the ancient Church in the better times and much more conuenient for Kingdomes then parity of Ministers and gouernment by Synodes But then further it is to be considered that the Church is not now to plant or build but onely to bee pruned from corruptions and repaired and restored in some decayes For it is worth the noting that the Scripture saith Translato acerdotio necesse est vs Legis fiat translatio It is not possible in respect of the great and neere sympathie betweene the State Ciuill and the State Ecclesiasticall to make so mayne an alteration in the Church but it would haue a perilous operation vpon the Kingdome and therefore it is fit that controuersie be in peace and silence But there bee two circumstances in the administration of Byshops wherein I confesse I could neuer be satisfied The one The sole exercise of their authoritie The other the Deputation of their authoritie For the first the Byshop giueth orders alone excommunicateth alone judgeth alone This seemes to bee a thing almost without example in gouernment and therefore not vnlikely to haue crept in the degenerate and corrupt times Wee see the greatest Kings and Monarches haue their Councels There is no temporall Councell in England of the higher sort where the authoritie doth rest in one person The Kings-bench Cōmon-pleas and the Exchequer are benches of a certain number of Iudges The Chancellor of England hath an Assistance of 12. Maisters of the Chancerie The Master of the Wards hath a councell of the Court So hath the Chancellor of the Duchie In the Excliequer Chamber the Lord Treasuror is ioyned with the Chancellor and the Barrons The Masters of the Requests are euer more than one The Iustices of Assile are two The Lord Presidents in the Marches and in the North haue councels of diuers The Starre-chamber is an assembly of the Kings priuie Councell aspersed with Lords Spirituall and Temporall So as in all Courts the principall person hath euer either Colleagues or Assessors The like is to bee found in other well gouerned Kingdomes abroad where the jurisdiction is yet more distributed as in the Courts of Parliament of France and in other places No man will denie but the Acts that passe the Byshops jurisdiction are of as great importance as those that passe the Ciuill Courts for mens soules are more precious then their bodies or goods so are their good names Byshops haue their infirmities and haue no exception from that generall malediction which is pronounced against all men liuing Va sole nam si occiderit c. Nay we see that the first warrant in Spirituall causes is directed to a number Dei Ecclesia which is not so in temporall matters And we see that in generall causes of Church gouernment there are aswol Assemblies of all the Clergie in Councels as of the States in Parliament whence should this sole exercise of jurisdiction come Surely I doe suppose and thinke vpon ground that ab initio non fuit ita and that the Deanes and Chapters were Counsels about the Seas and chayres of Byshops at the first and were vnto them a Presbiterie or Consistorie and intermedled not onely in the disposing of their reuenues and endowments but much more in jurisdiction Ecclesiasticall But it is probable that the Deane and Chapter stucke close to the Byshops in matters of profit and the world and would not loose their hold but in matters of jurisdiction which they accounted but trouble and attendance they suffered the Byshops to encroach and vsurpe and so the one continueth and the other is lost And wee see that the Byshop of Rome f●● est ab hoste doceri and no question in that Church the first institutions were excellent performeth all Ecclesiasticall jurisdiction as in Consistorie And whereof consisteth this Consistorie but of the parish Priests of Rome which terme themselues Cardinals à cardivibus mundi because the Byshop pretendeth to be vniuersall ouer the whole world And hereof againe we see diuers shadowes yet remaining As that the Deane and Chapter Proforma chooseth the Byshop which is the highest point of jurisdiction And that the Byshop when hee giueth orders if there be any Ministers casually present calleth them to joyne with him in imposition of hands and some other particulars And therefore it seemes to me a thing reasonable and religious and according to the first institution that Byshops in the greatest causes and those which require a spirituall discerning namely in ordayning suspending or depriuing Ministers in excommunication being restored to the true and proper vse as shall bee afterwards touched in sentencing the validitie of Mariages and legittimations in judging causes criminous as Symonie incest blasphemie and the like should not proceed sole and vnassisted which point as I vnderstand is a Reformation that may bee planted sine strepitu without any perturbation at all and is a matter which will giue strength to the Byshops countenance to the inferiour degrees of Prelates or Ministers and the better issue or proceeding in those causes that shall passe And as I wish this strength giuen to the Byshops by Councell so it is not vnworthy your Maiesties Royall consideration whether you shall not think fit to giue strength to the general Councell of your Clergie the Conuocation House which was then restrained when the state of the Clergie was thought a suspected part to the Kingdome in regard of their late homage to the Byshop of Rome which state now will giue place to none in their loyaltie and deuotion but to your Maiestie For the second point which is the Deputation of their Authoritie I see no perfect and sure ground for that neither beeing somewhat different from the examples and rules of gouernment The Byshop exerciseth his jurisdiction by his Chancellor and Comissarie Officiall c. Wee see in all Lawes in the world Offices of confidence and skill cannot be put ouer nor exercised by deputie except it bee especially contained in the originall grant and in that case it is dutisull And for experience there was neuer any Chauncellour of England made a Deputie There was neuer any judge in any Court made a Deputie The Byshop is a Iudge and of a high Nature whence commeth it that hee should depute considering that all trust and confidence as was said is personall and inherent and cannot or ought not to bee transposed Surely in this againe ab

initio nonfuitsta but it is probable that Byshops when they gaue themselues too much to the glorie of the world and became Grandes in Kingdomes and great Councellors to Princes then did they deleague their proper jurisdiction as things of too inferiour a nature for their greatnesse and then aster ths similitude and immitation of Kings and Counts Palatine they would haue their Chancellors and Iudges But that example of Kings and Potentates giueth no good defence For the reasons why Kings administer by their Iudges although themselues are supreame Iudges are two The one because the offices of Kings are for the most part of inheritance and it is a Rule in all Lawes That Offices of inheritance are rather matters that sound in interest then in confidence forasmuch as they may fall vpon womon vpon Infants vpon Lunatiques and ideots persons vncapable to execute judicature in person and therefore such Offices by all Lawes might euer be exercised and administred by delegation The second reason is because of the amplitude of their Iurisdiction which is as great as either their birth-right from their Ancestors or their sword-right from God maketh it And therefore if Moses that was Gouernour ouer no great people and those collected together in a campe and not scattered in Prouinces and cities himselfe likewise of an extraordinarie spirit was neuertheles not able to suffice and hold out in person-to judge the people but did by the aduise of Iethro approued from God substitute Elders and Iudges how much more other Kings and Princes There is a third Reason likewise not much to the present purpose and that is That Kings eyther in respect of the Common wealth or of the greatnes of their owne Patrimonies are vsually parties in sutes and then their Iudges stand indifferent betweene them and the subiect But in the case of Byshops none of these reasons hold For first their Office is electiue and for life and not patrimoniall or hereditarie an Office meerly of confidence science and qualification And for the second reason it is true that their jurisdiction is ample and spacious and that their time is to bee diuided betweene the labours as well in the word and doctrine as in gouernment and jurisdiction But yet I doe not see supposing the Byshops Courts to be vsed vncorruptly and without any indirect course held to multiply causes for gaine of fees but that the Byshop might very well for causes of moment supply his judiciall function in his owne person For we see before our eyes that one Chauncellor of England dispatcheth the suites in equitie of the whole Kingdome which is not by reason of the excellencie of that rare honourable Person which now holdeth that place but it was euer so though more and lesse burdenous to the sutor as the Chauncellor was more or lesse able to giue dispatch And if heed bee taken to that which was said before that the Byshops labour in the word must take vp a principall part of his time so I may say againe that matters of State haue euer taken vp most of the Chauncellors time hauing bin for the most part persons vpon whom the Kings of this Realme haue most relied for matters of Councell An therfore there is no doubt but the Byshop whose circuit is lesse ample and the causes in nature not so multiplying with the helpe of references and certificates to and from fit persons for the better ripening of causes in their meane proceedings and such ordinary helpes incident to jurisdiction may very well suffice his Office But yet there is an other helpe for the causes that come before him are these Tythes Legacies and Administrations and other teftamentary causes causes Matrimoniall accusations against Ministers tending to their suspension depriuation or degrading Symonie incontinencie Heresie Blasphemie breach of Saboth and other like causes of scandall The first two of these in mine opinion differ from the rest that is Tithes and Testaments for those bee matters of profite and in their nature Temporall though by a fauour and conniuence of the temporall jurisdiction they haue been allowed and permitted to the Courts Ecclesiasticall the one to the end the Clergie might sue for that that was their sustentation before their owne Iudges and the other in a kind of pietie and Religion which was thought incident to the performance of dead mens Wils And surely for these two the Byshop in mine opinion may with lesse danger discharge himselfe vpon his ordinary Iudges And I thinke likewise it will fall out that those sutes are in the greatest number But for the rest which require a Spirituall science and discretion in respect of their nature or of the scandall it were reason in my opinion there were no audience giuen but by the Byshop himselfe he being also assisted as was touched before but it were necessarie also hee were attended by his Chauncellor or some others his Officers being learned in the Ciuill Law for his better instruction in points of formalitie or the courses of the Court which if it were done then were there lesse vse of the Officials Court where of there is now so much complaint And causes of the nature aforesaid being only drawne to the Audience of the Byshop it would represse friuolous and poling sutes and giue a graue and incorrupt proceeding to such causes as shal be fit for the Court. There is a third point also not of jurisdiction but of forme of proceeding which may discerne Reformation the rather because it is contrary to the Lawes and Customes of this Land and State which though they doe not rule those proceedings yet may they be aduised with for better direction and that is the Oath ex Officio whereby men are inforced to accuse themselues and that that is more are sworne vnto Blanques and not vnto accusations and charges declared By the Lawes of England no man is bound to accuse him selfe In the highest cases of treason torture is vsed for discouerie and not for euidence In capitall matters no delinquents answer vpon oath is required no not permitted In criminall matters not capitall handled in the Starre Chamber and in causes of Conscience handled in the Chauncerie for the most part grounded vpon trust and secresie the oath of the partie is required But how where there is an accusation and an Accusor which wee call bills of complaint from which the complainant cannot varie and out of the compasse of the which the defendant may not bee examined exhibited vnto the Court and by Proccs notified vnto the defendant But to examine a man vpon oath out of the insinuation of fame or out of accusations secret and vndeclared though it haue some countenance from the Ciuill-Law yet is so opposite ex diametro to the sence and course of the Common-Law as it may well receiue some limitation Concerning the Liturgie the Ceremonies and Subscription FOr the Liturgie great respect and heed would be taken least by inueighing against the dumbe Ministrie due reuerence