Hale - BR120 H364 1684

(54 ) totbe put over and exercifed by Deputy, except it be fpecially contained in theOriginal Grant. And in that Cafeit is dutiful. And for experience, there was never any Chancellour of England made a Deputy : There was ne- ver any Judge in any Court made a Deputy : The Bithop is aJudge, andof a high nature : whence cometh it that he thould ? Confidering that allTruft and Confi- dence is perfonal and inherent ; and cannot, nor might not be tranfpofed. Surely in this again Ab initio non fuit fc. But it is probable, that Bithops when they gave themfelves toomuch to the glory of the world, andbecame Grandees in Kingdoms, and great Counfellours to Princes, then did they delegate their proper Jurifdi&ions, as things of too inferior Nature for their Greatnefs; And then after, the fimilitude ofKings and Count Palatines, they would have their Chancellours and Judges. But theExample of Kings and Potentates giveth no good defence: For the Reafon why Kings adminifter by their Judges, tho' themfelves are fupreamJudges, are two: TheOne, becaufe theOffices of Kings are for the molt part of Inheritance. And it is a Rule in all Laws, that offices of inheritance, are rather matters that ground in Intereft than in Confidence, for as much as they may fall upon Women, upon Infants, upon Lunaticks and Idiots, Perlons uncapable toexecute Judicature in perfon. And therefore fuchOffices , by all Laws,might everbe exercifed and adminiftred by delegation. The fecond reafon is, becaufe of the Amplitudeof their Jurifdi&ions, &c. There is a third reafon, tho' not much to the prefent purpofe,that Kings, either in refpe&t of the Commonwealth, or of the Gr eatnefs of their own Patrimonies, are ufually Parties inSuites : And then their Judges ftand indifferent between them and their Subje&s. But in the Cafe of Bithops none of thefeReafons hold : For firft, their Office is