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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

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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