know not when or by which of our English Monarchs The Prebend of Shipton which was no more in our Monarchs to dispose of than All the rest was given away by King Iames I. as to the Patronage and Advowson unto the Chancellor and Scholars of the University of Oxford for the use of a Lay-man the King's Professor of Law there and to his Successors for ever with an Etiamsi Laicus sit sacros ordines non susceperit and this the King gave under the Great Seal of England wherein the Habendum and the Tenendum is not of the Bishop of Sarum of whom there is not the least Notice taken but of Him the said King and his Successors for ever Which Gift and way of giving it was afterwards confirmed by an Act of Parliament which I wonder to find alledged by the Right Reverend the Bishop in Derogation to the King 's Right of giving Prebends as if a King's Act were the less Regal or Legal for being done by the King twice First without a Parliament and a Second time in it Or as if the King of England had not Acted as the Proprietor because the Three Estates of Parliament did so esteem Him Nor hath any Reason been given that I have ever read or heard of why King Iames might not as easily have given away any other Prebend which had been founded in that Church that of Netherbury in Terra for Example which he really had given to his Divinity-Professor and to his Successors but that His Majesty found it too little and rather chose to give them a Greater Thing Nor is the King's Act in Parliament which we may no more distinguish from the King than we may distinguish the King's Prerogative from the Law more or less the King's Act than his Act in Council although perhaps of more force For the Three States which make the Body of a Parliament whereof the King is the Head tho a most Honourable Body and a whole Kingdom in Epitomy can but prepare Matter for Law and humbly propose it to the Sovereign to be ratified or rejected as his Majesty thinks sit But the Ratio Formalis of Legislation is fully and solely in the King whose Fiat or Le veult is the very Soul and Life of every Law made or to be made And really if the King of England is not the Founder the Sovereign Patron and Proprietary in Chief as well of the Prebends as of the Bishopricks the Bishop of Sarum can have no Right to his Prebend of Potern tho Installed and Admitted by the Dean and Chapter as other Prebendaries are much less can he have Right unto his other Prebend of Blewbery into which he was never so Installed or Admitted and which is reckoned in the Choir among the Alienated Prebends because transferred from the whole Chapter to the Bishop of Sarum who is indeed one of the Chapter as he is Prebendary of Potern but not at all as Prebendary of Blewbery And so his Lordship cannot have a Right to it tho he has Possession of it unless he hath it from the King which is Right enough and yet it is not enough in case the King is not de jure the Sovereign Patron and Proprietary in Chief 'T was never once held by any Bishop of Sarum but was a distinct and good Provision for one of the Simplices Canonici until the Reign of Hen. 8. by whom 't is pretended to have been pressed upon Bishop Salcot alias Capon and that in Exchange for the Mannor of Godalming in Surrey which could not possibly be de jure if indeed 't was so de facto in case the King had no Right to dispose of that Prebend as he thought fit I say if it was indeed so de facto because the Mannor of Godalming in Surrey with the Rectory and the three Copices and the perpetual Advowson of the Vicaridge was the Gift of King Hen. III. and is the Dean of Sarum's Corps and held of him by Lease to this very day Nor could such an Exchange be made if it ever were without the King's Fiat as Proprietary in chief And I hope 't will not be said that the King has only Right to Alienate what he will to the Bishop from any other but no right to give what Prebend he will to any other It is against Law and Reason that one Man in the same Church should have two Prebends at once And therefore when Hen. II. of England gave two to one Person Pope Alexander the Third complained of it Not at all questioning his Royal Right to give Prebends but the Evil Use of it Hence it follows that the Right of any Bishop of Sarum to bestow Prebends which I shall ever assert as the only sure Foot it can stand upon must needs be Subordinate to the King 's from whose Supream Right it was derived For the King if he would cannot legally confer a Sovereign Right upon any Subject much less upon a Bishop Dean and Chapter who cannot hold what they have for Term Life Absolute being many ways subject to Deprivations Amongst many other Examples which might be easily given of that Judge Coke tells us of one Bishop of Exeter who fell into a Praemunire for not admitting one immediately who was presented by the King to the Church of Southwell And this was done in the prevailing Times of Popery 24 Ed. 3. much more easily may it be done by a Protestant King and hath been often who hath of Right an Ecclesiastical Supremacy and doth assert it without a Sacriledge or an Encroachment upon the Church and that by the Confession of all Loyal Church-Men I am sure I can name Many who once allowed much more to Cromwell And yet by two Statutes in force 't is downright Treason for any Subject of England either to Promise or Pay Obedience to any other than to the King his Heirs and Successors 'T would be as endless as it is easy to Muster up Instances of the Regale over Churches and Church-men and their Revenues even when they were as Great as the Pope could make them and at as high a pitch of Pride as that Usurper of Supremacy could raise them to The most Assuming Bishop of Rome that ever was was Pope Hildebrand against whose Tyrannies and Encroachments William the Conqueror was a Protestant yet he apparently so dreaded the growing Power of the then Bishops within this Kingdom that he Confirmed his own Power as well as shewed it by lessening Theirs Our Kings in a word are de jure Kings of France And the French King's Prerogative or Propriety cannot be greater in the Gallican Church than our Kings is in the Church of England Nor indeed near so great 'T is a little thing to say in the Church of Sarum only And yet the whole Clergy of the Gallican Church have lately declared their Opinion by the Mouth of the Arch-Bishop of Rheims notwithstanding their Popes Pretensions That the King hath a
or in the Prebendary both being at most for Term of Life and both Subject to Deprivations for less then Treason or Felony therefore 't is in the King as Original Founder whose Royal Right can never dye King Hen. 8. and Ed. 6. did act accordingly and the same Authority which was made use of by Hen. 8. and Ed. 6. was declared by Parliament to be in Q. Eliz. her Heirs and Successors Nor can any Discontinuance be any prejudice to a King 's Right who therein hath this Prerogative Quod nullum Tempus occurrit Regi And when a King ordains any thing for the Honour of God and the Church he Wills not saith my Lord Coke that it turn to the Prejudice of Him or his Crown but that his Right should be saved in all Points Besides the Church is for ever in Law a Minor as I observed before semper in Custodia Domini Regis And 't is unnatural that the Guardian should have nothing to dispose of not so much as a Prebend in the Minority of his Pupil to which he is a Nursing Father The King's Possession and Rights saith the same Oracle of the Law are called Sacra Patrimonia Dominica Corona Regis So that 't is Sacriledge to invade them Nor can he so make them away but that at one time or other they will revert unto the Crown He is in Law Summus Dominus supra Omnes still the words of Chief Justice Coke of whom are held either mediately or immediately All the Free Lands of England much more all Ecclesiasticals for term of Life onely or Quam diu bene se gesserint Possessores Lastly The King is not only the Legal Founder and Patron of all the Bishopricks in England and of all contained in them as Causa Causae is ever Causa Causati But he is himself in Person the Supreme and Sovereign Bishop of every Diocess in England It being the true and known saying of Constantine the Great an Englishman born and King of Britain as well as Emperour of Rome and Constantinople in his Speech unto the Fathers of the first Nicene General Council 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And every body knows that the perpetual Advocation or right Patronage of is a Lay Fee as peculiar to many Lay Subjects much more to the Sovereign qui intra Ecclesiam potestatis Culmen habet say the Canonists themselves as Institution to a Subordinate Bishop or other Ordinary and Induction to an Archdeacon Especially when the thing presented to is without Cure of Souls as Prebends are For where a Parsonage is the Corps of any Prebendary at large and demised for three Lives to a Secular man as most commonly it is the cure of Souls is wholly devolved and incumbent upon the Vicar if at least there is a Vicaridge endowed and if not upon the Curate But the Rector and his Tenent are both Exempt Briefly our Monarch has a Right as well by Common as Statute Law and the Deans of Sarum have ever been largely Partakers of it by Royal Bounty to Exempt what Place he will from every Bishop's Jurisdiction and when he will from the Arch-Bishops such as Pool and other places in the possession of Sir Iohn Webb Every Ordinary in England such as is the Dean of Sarum in the Close is an immediate Officer to the King's Courts And to the King Appeals lye even from the Court of Arches His Majesty being in Law Le dernier Resort de la Iustice yea in Places exempt no Archbishop may intermeddle according to 25 Hen. 8. c. 19. 6. and c. 21. § 20. And all Iurisdiction Ecclesiastical being both derived from and inseparably annexed to the Imperial Crown of this Realm and that for ever by Acts of Parliament from thence it is that a Convocation cannot meet without the King 's Writ nor treat at their meeting without his Commission nor Establish any thing when Commissioned without his Royal Assent and Fiat They who say less than this Do make Episcopacy Prejudicial to Monarchy which Bishop Sanderson could not endure and set up a Papal like Supremacy in a Protestant Kingdom A Loyal Subject and Son of the Church of England will conscientiously distinguish with Padre Paul and the Canonists between Dominion and Dispensation and then he will dutifully concede That where the Bishop is Dispensator the King is Dominus CHAP. II. WHat I said in my unprinted Narrative of the King's Castle at Old Sarum and of the King 's Free Chappel in it before the Cathedral Church was built All which is gain-said by the present Lord Bishop of Sarum in his Answer to the said Narrative I take upon me to prove and to place beyond Dispute by not a few of the best Historians who have written of those Times whose printed Writings are extant and do confirm what was produced out of the Dean of Sarum's Register which was extracted out of the Registers for the most important Part of it of the Ancient Bishops of Sarum and which I thought had been Sufficient without the Confirmations of it which now ensue Sect. 1. First 'T is plain from William of Malmsbury that the said Castle was the Peculium of the King and stood upon the King's Soil Castellum Salesberiae Regij Iuris Proprium erat Sect. 2. Next 't is Evident from the same and from other old Authors of greatest Note such as Eadmerus Florentius Wigorniensis Roger Hoveden Simeon Dunelmensis All elder than Matthew Paris and Matthew Paris himself and several others that the said Castle was a Place of Usual Resort for the Kings of England and sometimes for Extraordinary Meetings As for Example A. D. 1086. Aug. 1. William the Conqueror pointed his Bishops Barons Sheriffs and their Milites to meet him at Saresbury where and when the said Milites took their Oaths of Fidelity to him So saith Florentius of Worcester the Ancientest Writer who hath mentioned the Church of Old Sarum and Roger Hoveden This precisely was the Year wherein was compiled the Doomsday-Book as the same Authors and the Book it self Witness A. D. 1096. W. Rufus held a Council in his Castle at old Sarum as the same Authors testify when Osmund was present and took the Confession of William de Alvery before he went to Execution A. D. 1100. Henry I. le Beauclerc newly Crowned held his Court in the same Castle Arch-Bishop Anselm repairing thither to His Majesty among the rest So saith Eadmer p. 55 He also held an Assembly of the Three Estates at Old Sarum which had from that Time the Name of Parliament A. D. 1116. The same King called a Meeting of the Bishops and Great Men of the whole Kingdom at the same Place there to do their Homage to his Son William So saith Eadmer pag. 117. Florentius and Hoveden Hitherto is no mention of City Town or Village but of the King's Castle only Which W. Malmsb. thus describes
clear Title to the Right of the Regale in all the Bishopricks of his Kingdom That a General Council cannot lessen it much less a Pope That no Present King can be deprived of what a former King had That the King 's Collating to Prebends is such an Act of Supremacy so the Historian does infer as shews the King to be Lord in Fee and by the Code made in the Time of Hen. 4. If a Chapter refuse to Install a Regalist Letters are to go out to compel them to it or else their Revenues are to be Seized on Briefly 't was confessed by the Bishop of Pamiees the stoutest Assertor of the Pope's Ecclesiastical Supremacy that The Foundation of Churches does prove the King 's Right of Patronage All which and much more may be Collected out of Dr. Burnet's elaborate History of the Rights of Princes c. And if the French Kings Prerogative is such who does not own an Ecclesiastical Supremacy in all Causes and over all Persons as our King does How much greater is the Regale of our Kings here in England ever since the Reformation I will conclude this Comparison of the King of France with the French King in the words of this King's Procurator General in Parliament to wit That the King can no more renounce the Right of the Regale in Ecclesiasticis either in whole or in part than he can destroy the Salick Law or quit the Sovereignty of any Provinces in France And further adds They would all quit their Employments rather than consent to the least Diminution of that Right There are some among Us who do not speak in that Strain though others do Sect. 4. Fourthly I observed a Maxim of Law in my Lord Coke which did Confirm me in my Distinction between a Supream and Subordinate Right The Maxim is that If the Title of the King and of a common Person concurr the King's Title shall be Preferred For the Law saith he respecteth Honour and Order Therefore if the King makes one Man a Resident whilst the Dean and Chapter is choosing and have a desire to Choose another the Dean and Chapter will prefer the King's Clerk and not dispute with his Majesty de jure Patronatus Several Instances may be given in several Churches Those of Sarum and Wells in especial manner So if the King presents One to a Prebend without Residence and the Bishop Another the Dean and Chapter will Install and Admit the King's Man because by express Statute-Law The King is the Advower Paramount immediate of all Churches and Prebends And accordingly our Kings the Last and Present in particular do not only Recommend but pro Imperio plane Despotico do expresly Command Obedience to and Compliance with them and that sometimes in the very same Line sometimes two or three Lines lower sometimes again in the Conclusion Yes and in variety of Despotical Expressions as great as any can be invented in Law to be Imperial Such as are for instance We will We command We will and require Willing and requiring you Our pleasure is Our express will and pleasure is This We will have done Any Use Custome Prescription or any other Matter or Thing to the contrary in any wise notwithstanding Again We Will and Our Pleasure is that You cause these our Letters to be entred in your Register to the end they may be produced when Occasion requires What French King did ever Write in a more Decretory Despotical and Masterly Stile than Le Roy le veult Car tel est son plaisir This was as far as Heaven from Hell from Expresly Disclaiming a Royal Patronage and Right and Iurisdiction I will add but one more which was both ways Despotical to wit by a signal Inhibition and by a Peremptory Command For having said that He had given unto his Chaplain Dr. Drake the Dignity and Office of Chancellor in that his Cathedral Church of Sarum with the Prebend thereto annexed His Majesty added these signal words We hereby Will and Require that no Other Person be Admitted or Elected into any Residentiaries Place now vacant or that shall be vacant until He the said Dr. Drake be received into the Rights and Profits of Residence And for so doing This shall be your Warrant Much more might be said of the King's Mandate for Dr. Whitby which yet I forbear till occasion serves Only of this I am assured by as Eminent a Lawyer as perhaps ever was That a false Suggestion in a Petition to the King does void the King 's Grant of the thing Petitioned for It being a Maxim in My Lord Coke The Grant is void where the King is deceived in his Grant Besides all this I sadly considered with my self how often Bishops Temporalities have been Resumed by our Kings upon light Displeasures How often Will. 2. did Resume his own Grants And how he at once took all the Profits of the Bishopricks of Canterbury Winchester and Sarum And how all Bishops were threaten'd by Hen. 3. With a Seizure of all they had if they presumed to intermeddle in any thing to the Prejudice of the Crown Lastly How all our Kings and Parliaments excepting one even from Hen. 3. until the 6. of Hen. 8. have used Acts of Resumption whereby to Repair the low Estate of the Crown The just and frequent way to do it said the learned Sir Robert Cotton in his Speech to the House of Commons 1 Car. 1. The Dean of Sarum as much as any Man is for the Bishop of Sarum's Rights though not exclusively of the Kings and would have it stand safely by standing for ever upon a Rock to wit The Prerogative of our Monarchs who in Law can never dye They tend to the Ruin of the Prelacy and all Cathedrals who labour to make their King Despotical in the Sence of the Greek Proverb only 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Be a Family never so Great there is but one Servant in it and that is the Master of the House But the Learned Dr. Burnet affirms the King to be Despotical in a much better Sense For premising an Observation how frequently Christian Monarchs made Paenal Laws for Church-men the Pains of which were Suspension or Deprivation whereof the Instances are many both in the old Roman Laws and in the Capitulars He Infers the King's Mastership and gives a very sound Reason for it Indeed the Bishops of Rome for several Centuries of Years even in all their Publick Bulls and till the Death of Charles the Great did own the Emperors of their Times as their Lords and Masters And Richard Poor Bishop of Sarum did own King Iohn as his Master with greater Reason however that King de facto made himself the Pope's Vassal Postulans ab Eo tanquam a Domino suo manus adjutrices All agree the Monarchs of England have power to Suspend or Deprive a Bishop as Ours has done an Arch-Bishop and that for a lesser degree
which might excuse his Sin a Tanto Much more might they have done whilst the Dean was yet Living if such an Incroachment had been attempted Besides it was against the Imperial Crown of this Realm by being against the Decanal Jurisdiction which is for ever and inseparably thereto annexed and granted unto the Dean under the Great Seal of England § II. Next it was against the Common and Statute Law of the Land Against the first because the King's Prerogative is Law and the Principal part of the Common Law as that from which our Statute Laws are derived and 't is a Principle with my Lord Coke The Common Law disallows Acts done to the prejudice of any Subject of this Realm much more of the Sovereign by any Foreign Power out of the Realm as things not Authentick Such was the Power of Boniface the Ninth meerly Foreign and Prohibited as such by several Statutes then in force and ever since Against the second because there were ab Antiquo before the Petition made to the Pope by the then Bishop Dean and Chapter for the Papal Confirmation of the Conspiracy aforesaid Acts of Parliament in force against Appealing to or Petitioning the Bishop of Rome or any other foreign Power either for Grants or Confirmations of any Acts or Combinations or Associations whatsoever within these Realms and therefore one Abbot Moris in the 46 of Ed. 3. incurr'd the Pain of Praemunire for sending to Rome to be confirmed by the Pope in his Election to his Abby which the Pope forsooth gave him of his Spiritual Grace and at the Request of the King of England as he fictitiously pretended The Bull was considered of in Council before all the Judges of England and by them All it was resolved that this Bull of the Pope was against the Laws of England and that the Abbot for obtaining it was faln into the King's Mercy whereupon All his Possessions were seiz'd into the King's Hands The same Penalty was deserved by them who made the Composition we are upon and petitioned the Pope for his Confirmation And though 't is pretended to have been done at Rich. 2. his Intercession yet it is but pretended according to the Usual Trick the Practise and Policy of the Popes to feign Requests from the Kings of England who scorned to make them as they did often pretend to Give what they could not deny or durst not offer to withold and knew they had not either a Right to confer or a Power to hinder Choice Examples of which are given by the Learned and Reverend Archdeacon Fullwood in his Subversion of the Romanists Pleas for the Pope's Supremacy in England and though Rich. 2. was so incomparably careless of his every thing that was his even to his Kingdom Crown and Dignity which brought upon him his Deposition as Historians are wont to call it And although such an Act of Intercession to the Pope as is pretended had had an absolute Nullity in it self had it been True yet hardly any man can believe it who shall consider the Statute made in the same Kings Time against all Papal Usurpations which to own and to use as things of Right is to incur a Praemunire Besides that Rich. 2. had acted against other Parliaments also as well as against his own and against his Declaration in case he had done as is pretended But that the Trick I now mentioned was often used by the Popes we cannot prove by a better Testimony than that of the most Learned and most sincere Padre Paul who speaking of the Times of Paul the Fourth in giving that to Queen Mary which was her own long before and inherited from her Father King Hen. 8. concludes with this signal Observation Cosi spesso i Papi hanno donato quello che non hanno potuto levare a possessori questi per suggire le contentioni parte hanno ricevuto le Cose proprie in dono parte hanno dissimulate di saper ' il dono la pretensione del Donatore Add to all this that the said Conspiracy was expresly against Magna Charta by which the Deans and Chapters Liberties Exemptions and Jurisdictions were confirmed and secured and that by no fewer than 32 Acts of Parliament And Magna Charta is not only a Statute Law as old as since the 17th year of King Iohn though made more full and with more Solemnity in the 9th Year of Hen. 3. But moreover by the Act of 25 Ed. 1. 't was adjudged in Parliament to be taken and held as The Common Law They are the Words of Chief Iustice Coke in the Preface to his Comment on Magna Charta In a word The Application made to the Pope at that Time against the Laws of this Realm was a strong proof of its Corruption For 't was the Observation of the most wise Padre Paolo that None went to Rome out of Devotion but only out of some Design against the Canons and Customs of the Church which being unable to get approved in their own Country they fled to Rome where Dispensations were vendible for every thing and the Avarice or Ambition covered over with an Apostolical Dispensation or Confirmation So he in his Treatise of the Almes of the Faithful in the Primitive Church § III. Thirdly The foresaid Composition was even knowingly and professedly against The great Fundamental Statute commonly called in our Books Magna Charta Osmundi of the Subordinate Founder Osmund and by a Consequence unavoidable against the Sovereign Founder also whose Royal Seal alone was affixed to it That 't was against the said Charter and Fundamental Statute and against the Exemption of the Dean and Canons and all Inferior Members also belonging to the Kings Free Chappel which any man may deny whose Tongue is his own but no Man living can disprove hath already been evinced and shall be further as Occasion shall be offered But that 't was knowingly and professedly against the same is moreover to be proved from the Conclusion of the Conspiracy For as there is a Contradiction to the Fundamental Statute and Charter both Legal and Episcopal fol. 76. so in the next page of that Leaf there are these bold and unexcusable Words Non obstante Statuto Chartapraedicta The King himself in Parliament could not have spoken in a more Imperial strain Archbishop Boniface on the contrary A. D. 1262. had most tenderly provided for the Liberties of all in the Church of Sarum according to the Tenor of Osmund's Statute though he was in all his time the most assuming Archbishop of Canterbury even from that to this day Whereas in the Conspiracy of the aforesaid Pope Boniface with the then Bishop Dean and Chapters there is this aggravation of the astonishing design against the King that it hath a special Salvo for the Popes and his Cardinals and the Dean of Sarums Rights but none at all for the Kings Yea as if that were not enough to
are in Law of the King's Foundation Which all are affirmed to be by Keble referring to the Statute of 25 Ed. 3. p. 121. Where the Holy Church of England is said to have been Founded by Ed. 1. and his Progenitors c. as the Lords and Advowers of it And then by vertue of that other Maxime in my Lord Coke who was never more an Oracle than when he spake for the King's Prerogative to which he had never a Partiality That Successors are included under the Name of King 'T is plain that what Right soever was in William the First and his next immediate Successors especially Hen. 1. and Hen. 3. from whom the Church of Sarum had vast Additions of Endowment Our King hath now Hence it is that All our Kings have been not only owned as the Founders but as Patrons of our Cathedral For which I cited the Address of the Dean and Chapter to Hen. 7. in whom the two contending Houses were united wherein they called him their Founder seven times at least Their Numerical Expressions in their Prayer to God for him to whom they could not intend to lye was Fundator Ecclesiae Sarum And Hen. 8. was so stiled by the famously Learned and Prudent Longland after Bishop of Lincoln and Lord Chancellor of the University of Oxford for which I might cite the Exact Register of Harward the Authenticalness of which was never questioned So 't is Notorious that all Members of Christ-Church in Oxford in their Prayers before their Sermons do Commemorate Hen. 8. not naming Wolsey as their Founder From whence it is that the Dean of Christ-Church is the Sole Governour of that Cathedral and the Bishop of Oxford not As the Dean of Westminster had the Sole Jurisdiction within the Precincts of that Cathedral when there was Created a Bishop of it And the Dean there hath more than Episcopal Jurisdiction Archiepiscopal saith Dr. Heylin within all the Liberties as the Abbots had heretofore Ever since Sebert King of Essex Kings and Queens have been Successively and in the Eye of the Law the Founders of the Church and of all within it As it is now a Collegiate Church Queen Elizabeth was the Foundress and our King at this day whom God preserve is in Law the Founder of it As for all the same Reasons He is the Founder of our Colledge and Church of Sarum as well by several Acts of Parliament as in our own Books Our Norman Kings did say of it as Will. 1. of Battle Abby Libera sit sicut mea Basilica Capella and as that was exempted from the Power and Visitation of the Bishops of Chichester so was ours from the Bishops of Sarum as shall be shewn in its proper Place I end this Section with that Old Distich in Spondanus of our Salisbury Cathedral and with a Verse made in those very times Rex largitur opes fert Praesul opem Lapicidae Dant operam tribus his est opus ut stet opus Regis enim Virtus Templo spectabitur isto Sect. 3. Thirdly Altho' I do not say with that incomparable Civilian Sir Thomas Ridley That the King himself is instead of the whole Law yea he is the Law it self and the only Interpreter thereof in as much as all those who govern under him govern by him and for him Yet I will and do say with our Acts of Parliament That the Kingdom of England is an Empire and the King Supreme Head of it and his Crown an Imperial Crown He is not a Precarious but an Absolute Monarch saith the Learned Camden in his Britannia Supremam Potestatem merum Imperium habet apud nos Rex And his Sovereign Dominion over all Ecclesiastical Persons and in all Causes without exception is confessed to be de Iure by All our Clergy Men in their Pulpits as well as by All in England who pay him Firsts-fruits and Tenths Not excepting those very Persons who cannot yet Pardon my most necessary Distinction on which doth lye the whole stress of Ours and all Other Cathedrals between an Original and Derivative Right a Right Supreme and one Suburdinate thereunto Our Proprietaries in the Chief of the Church of Saerum and so it is with the strictest Propriety of speaking that in all their Royal Mandates they use that Stile Our Church of Sarum For as Proprietaries in Chief bonae fidei Possessores and Founders of the Bishoprick as well as of All belonging to it I find and can prove against the naked and cheap Denials of such as can easily deny what they cannot Disprove by any Artifices or Strengths that our Monarchs have Acted as Despotically in and over the Church of Sarum as in any their Mansion Houses Who but our Monarchs did take away the Fourteen Prebends I reckon'd up in my Collections and the Archdeaconry of Dorset and all the Dorsetshire Iurisdiction from the Bishops of Sarum not so much as One Parish remaining there unto the Bishop though about Forty to the Dean and conferred them upon others according to their Wills and Pleasures To begin with the first Times were to write a Volume Let it suffice that Hen. 8. gave Four of them at once to the Dean and Chapter of Windsor as that of Okeborn St. Andrew that of Okeborn St. George that of Hungerford and that of Sherbourn but did not take from the Dean of Sarum the Episcopal Iurisdiction in any one of them Nor in that which was given by Hen. 8. or Ed. 6. to the Earls of Pembroke to wit the Great Prebend of Axford supposed to have been given by Q. Elizabeth to her Secretary of State Sir Francis Walsingham from whom I know it came by Purchase to Sir Francis Pyle's Grandfather the like to which he has also in the Prebend of Sherbourn in Dorset which hath been variously disposed of to and fro by our several Monarchs for about Five Hundred Years together from King Stephen to King Iames. And tho' Sherbourn was the Seat of so vast a Bishoprick that no fewer than Four Bishopricks were taken out of it yet the whole Jurisdiction of That and many round about it have still been saved intirely by All our Monarchs since the Conquest to Him who was then and ever since the Dean of their Majesties free Chappel and Church of Sarum Then Formaliter and ever since Virtualiter in Respect of the Franchises belonging to him Indeed in the Prebend of Bedwin given away by Ed. 6. to the Earl of Hertford and his Heirs the Dean of Sarum has but Episcopal Iurisdiction and a Triennial Visitation the like to which he has in the Prebend of Faringdon which is now in Sir Robert Pye to whom it descended from his Father by whom it was bought of the Lady Umpton and given for ever from the Bishop and Church of Sarum by Ed. 6. to Wm. Hening Esq. A. D. 1550. The Three good Prebends of Uphaven Loders and Horton were Alienated from us I
though not in any other Place under the Decanal Iurisdiction of Tho. Pierce Decan Sarum Now it is to be noted that the Parish of Broad-Chalk is under the Bishop's Jurisdiction and that the Lord Bishop was then at home in his Palace within the Close and that his Leave had been sufficient without the Deans had he had any Jurisdiction within the Close much more had his Jurisdiction been Archiepiscopal or Regal and so Superior to the Deans Lastly That the Bishops Surrogate knowing well that his Lordship had none at all within the Close though his Lordship and the Sub-Dean have all between them in the City did therefore make his Application to the Dean and the Dean only In like manner the Collection which was made within the Close for the rebuilding of St. Paul's London the Redemption of Captives and the like was made and returned by the Dean only and his Officers according to the King's Order and Direction N. V. If we step as far back as to the Year of our Lord 1584. we shall find the great difference between a Bishop of Sarum who was first Dean of Sarum and a Bishop who never was Dean of the same Church For Dr. Iohn Pierce whilst Dean of Sarum did in conjunction with his Chapter and by Command of Queen Elizabeth to whom he was Almoner many years upon the 17th of October 1573. begin the good work of abolishing Superstitious and Popish Statutes without the consent or the assistance of the then Bishop Edmund Ghuest Though he so swept the Church as to leave some Dust behind the Door But being afterwards Bishop of Sarum as after that Archbishop of York he got a Commission from the Archbishop of the Province to visit the Church upon occasion of the Case of Dr. Zouch and said he was fultus Iurisdictione Metropolitana knowing well and confessing that as Bishop of Sarum he had no right to Visit the Choral Vicars much less the Chapter much less the Dean for if he had he would not have needed any Commission from the Archbishop of the whole Province N. VI. The said Exemption of All the Canons of the greater and lesser Chapter who make a Superiour Corporation whereof their Dean is the Head may be yet farther proved by the Exemption of All the Vicars who are an Inferiour Corporation from the Bishop of Sarum's Power and Jurisdiction For it appears by the Vicars Charter which they enjoy from the Crown of England as the Dean and Chapter do Theirs that they are only subjected to the correction of Dean and Chapter not at all to the Bishops who can neither put in nor punish much less put out a Vicar or a Lay Clerk however criminal And accordingly the Vicars as well as the Lay Clerks take an Oath at their Admission of paying Obedience unto the Dean and to the Dean only whilst he is present and in the Dean's Absence to the Deans Locum-tenens authorized under the Seal of the Decanal Office But none at all to the Bishop whether Present or Absent which was eminently acknowledged by this present Bishop in his own Palace when in the presence of the Dean and Chapter and all the Vicars his Lordship protested three several times to Mr. Hardwick the Vicars Procurator and Prolocutor and to his Brethren then present That if it were in his Power he would expel them every one for their then Recalcitration and Opposition both to the Bishop and to the Chapter when good Lawyers told the Vicars they had the Law on their Side The Vicars were not a little pleased at his Lordship 's Brutum Fulmen and confession of his No-Power over the Vicars within the Close three times repeated Nor could any but the Dean bring those Vicars to a Submission and full compliance which he soon after did with the best effect N. VII Even since my coming to keep my Residence at Sarum the 20th of this instant Iune I find two Notorious and Publick Confessions in effect of the Lord Bishop of Sarum his having no Power to Visit within the Close whether the Dean will or no or without the Dean's Leave Concurrence and Consent under the Seal of his Decanal Office as well as under his own Hand which being sought but refused very honestly and prudently by the Dean's Surrogate in his absence and without his knowledge the Dean's Locum-tenens for the Chapter as the Sub Dean Mr. Kent is the Dean's Surrogate for his Court and his peculiar Jurisdiction wherewith the Chapter hath nothing to do nor any mortal Besides the King and the Arch-Bishop of the Great Province did as absurdly as unfaithfully clap the Common Seal of the Dean and Chapter of the Dean chiefly as the Head and of the Chapter as his Members by usurping my Name in it and by counterfeiting my Will against my Will my Interest my Jurisdiction without asking my Consent or Permission without so much as saying By your Leave Sir yea studiously and in haste without my knowledge even when He and the Rest knew I was but few Miles from them and even then coming tho' not yet come to my House at Sarum Being come I soon found Two Citations in the Choir made by a Fiction of my Name and of my Name only beginning Thus Thomas Pierce Sancta Theol. Professor Ecclesiae Cathedralis Sarum Decanus ejusdem Ecclesiae Capitulum Universis Singulis c. Finding This to be done 1. Without my knowledge and 2. With my very great Abhorrence 3. Against my Judgment 4. Against my Right of Jurisdiction 5. Against the King of whom I hold my Jurisdiction under the Great Seal of England and unto whose Imperial Crown my Iurisdiction is annexed by 32 Acts of Parliament 6. Against my self in mine own name and Poetically brought in upon the stage Citing my self and the Bishop as the Prebendary of Blewbery but not as Prebendary of Pottern which the Bishop is also Comically personated whether I will or no like a Puppet moving by Wires 7. Against Express Statute to the contrary 8. Against the Oaths of the Members of the Chapter who had an Hand in the usurpation which I am sure but few had 9. Against the Trust reposed in my Deputy and 10. Against the very License or Constitution whereby I had enabled him in my Absence to call Chapters for the taking care of God's worship the keeping of Statutes and Laudable Customs of the Church as far as they agree with the Word of God and with the Law of the Land and for the Correction of the Canons and Members but so limited as I have said not for the using the Common Seal at all much less at his Pleasure without my knowledge and consent and against my self I say finding This and a world of Absurdities too many and too great to be recounted in this Pinch of Time I inferred their Conviction of my sole Right as Dean to cite the 52 Prebendaries and all other members who had sworn obedience to me from
Reside in the Close and the Cathedral Thirteen weeks every Year They must and yet they may not perform the Will of the Founder confessed by Bishop Iewel to be expresly the Subordinate Founder's Will and by consequence the Will of the Sovereign Founders Will. 1. and Will 2. whose Seals were set to Osmund's Charter Men are punishable for That for which they ought to be rewarded Not permitted to keep a Residence to which by Statute they are compelled and compelled to pay money for Not doing That which they must not do The work is incumbent on 52 Canons or Prebendaries but Six of their Number ingross the Wages unto themselves This Absurdity is so great that hardly any can be greater unless it be That which follows For N. IV. In flat contradiction to the Fundamental Statute and Oath of Residence and to the late repeated Statute of Bishop Iewel with the then Chapter the present Bishop and the then Chapter made a New Statute Octob. 3. 1672 Sethi Anno sexto to this effect That if they who have taken the Oath of continual Residence keep not so much as Three Months Residence they shall pay Five Pounds for each Months Non-Residence or 15 l. for the Non-Residence of the Year so that for 15 l. per annum they may be Residents good enough without Residing and save 100 l. per annum which any mans Residence will cost him by paying only Fifteen Pounds So as the Residentiaries are tempted not to keep but to violate their Oath of Residence if such a Titulary Statute can have any force in it by Compounding or Commuting for breach of Oath the Price of which Sin is but Fifteen Pounds I do not know if Men are Taxed for the Sins by them committed at so favourable a Rate in the Court of Rome Now considering that the Residents were shrunk and reduced long before from 52 or 53 for the Prebendary of Pottern was bound to Residence at first to the Dean and 12 and after that to the Dean and 6 and now at last by this last Statute so called to None at all if each of the Residents will redeem himself from that Duty or buy out his Residence for the said Sum of 15l as some have done and all may do here seems to be a way made to the very Dissolution of the whole College if not in Time of the whole Cathedral Church of Sarum notwithstanding his Majesties Ecclesiastical Laws which do oblige unto the Residence of 90 Days or 3 Months And all Local Statutes have a Nullity in the making which are repugnant to the Prerogative of the King to the Law of the Land or the Word of God N. V. Another Statute has been made since his Majesties Restauration enjoyning Prebendaries to bring their Leases to be Confirmed by the Common Seal of the Dean and Chapter to which they cannot be compelled unless by the King or an Act of Parliament Of whieh the aforesaid Bishop Henchman in his Letter to the said Dean did write these words And I must add That since Prebendaries and their Tenants have understood that Leases Demised by Sole Corporations according to the Statutes of the Realm receive no strength by Capitular Confirmation you shall do well to perswade and invite the Members of your Church to observe the good Rules lately made concerning Leases but be not hasty to compel by Censures or Penalties c. A little after touching the Statute enjoyning Prebendal Contributions by way of Tax towards the Repairing of the Church the Reverend Bishop adds thus Take the best and surest course you can to have the Help of the Prebendaries but take heed you adventure not to compel them lest you meet with Consequences which may to a good degree frustrate a Work of so high Importance N. VI. All the Oaths which have been Administred much more those which have been imposed by Bishop Dean and Chapter upon Prebendaries or Vicars in any Matter not belonging to their Spiritual Jurisdictions or not in a way of Administring Justice have been against Law and the King's Prerogative The power to give and impose Oaths being so peculiar to the Prerogative Royal that 't is punishable to do it without or beyond the bounds of the King's Commission by way of Indictment or Information as an high Misdemeanor Nor can any Custom legitimate such an invented Oath unless it had a Lawful and just beginning The House of Commons are so sensible of the want of this Power not only to impose but administer Oaths to Witnesses who being voluntary are as ready to Swear as to appear that they often accept of Evidence upon bare Averments Nor can the Voluntary Submission of the Prebendaries or Vicars create unlawful Power in the Bishop Dean and Chapter conjoyned which otherwise by Law they have not either to impose or to administer an Oath nor excuse them in so doing For however such Oaths so administred and taken not to lett a Lease upon such or such Terms as the Law allows as for Example for Three Lives without License do bind the Takers of them in Conscience yet in Law they are illegal null and void And so 't was declared by the late Lord Chancellor upon occasion of a Suit in that Court depending N. VII By a Statute or a Decree of the Bishop Dean and Chapter of Sarum made in October 1671. no Lease is to be Lett by any Prebendary however he is singly a Corporation without three Conditions by Law allowed but prohibited by them and all Three under the pain of Excommunication which yet 't is well known cannot lawfully be inflicted for any matter or crime which is not made to be so punishable by some Statute of the Land Nor can any thing less than the King or Parliament de novo create or make a thing criminal And though the breach of such Conditions in the letting of a Lease which Conditions are wholsom be supposed to be a Crime in such as have consented to them yet the Matter being Temporal it is not punishable in Law by an Excommunication Yet this is another of the sore Mischiefs whereof the aforesaid Composition hath been the Occasion of the Cause N. VIII But there are other effects of it whereby Simony seems plainly not only to be allowed but even established by a Law such as a Bishop and the Chapter can make de facto by the aforesaid Composition which owes its chief force to Pope Boniface the Ninth whilst men are made to pay dearly for their Places of Preferment which by the King are freely granted For no sooner have the Residents in the Church of Sarum taken their Oaths That they neither have given nor will give any Sum or Sums for those Places unto which they are admitted but presently by the Statute of Pope Eugenius the Fourth even after he was deposed by the Council of Basil when for Money he would do any thing there is besides all other payments by way of customary
Fees a great Fine for Entrance Finis pro Introitu to be paid in ready Money or well secured by Obligation And though at first no more was paid than Forty shillings to the Fabrick A. D. 1319. yet by the Statute of Dean Sydenham and his then Chapter 1428. Authorized at Florence by the said Titular Pope 1442. each Resident with Dignity is to pay for his Entrance 105 l. and each without Dignity is to pay for the same 71 l. 13s 4d besides a greater Sum required by a much younger Statute of which hereafter This Statute is bad enough but the Custom is worse For besides that the Fines for Entrance are diverted from the Fabrick and divided among the Residents of the Chapter the Custom hath violated the Statute in exacting no more from men with Dignity than without it so that the latter pay too much though less than the Statute does require and the former too little because much less than is due by Statute which yet they pretend and that with Contention to be in force Only the Dean of all four Dignities must be excepted who pay by Custom to the heighth of what the Statute does enjoyn and by Custom much more Nor is this all For Tyrant Custom which keeps up that Statute does beat it down at the same time in five remarkable degrees for which no Creature was ever yet able to give a Reason Yet these are Customs and Statutes which they who take to be Obliging do Swear to keep But as if this were not enough for a Learned poor man to be beggared by in his Advancement as how many the most deserving have the least Portion of Mony and none to spare and often dye without Re-imbursement there was another Statute made by a Bishop Dean and Chapter as well without the King 's as the Pope's concurrence and without the concurrence of Common Sense For by force of that Statute another effect of the Composition every Resident who is living must fast a Year from all Commons and every Resident when he is dead must eat a Years Commons in his Grave At least in Aristotle's sense 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for what he does by his Executor he interpretatively does and accordingly 't is said with as much Pithiness as Impropriety to be the Dead Resident his Annus post Mortem that is his Unius anni proficua undecunque Provenientia 'T was not the Christian Self-denial of those Usurping Legislators who first invented this Law in their own behalf A Law resented very deeply by some Publick-spirited Bishops of other Churches who have expressed their Resentments to the now Dean of Sarum with a great deal of holy Indignation and heartily wished for a Remedy of this and other Impositions N. IX But hardly can a Remedy be brought about but by the long and mighty Arm of Sacred Majesty which in a Royal Visitation can abolish Old Statutes and make us New Ones Statutes suitable to our Religion by Law established Statutes not repugnant to the King's Honour and Prerogative Statutes agreeable with themselves and to be sworn to the safety of all mens Consciences and Souls Lastly Statutes not expiring with the Breath of them that make them like those Royal Statutes which were made heretofore for the Church of Sarum For those of Edw. 6. and Q. Elizab. were never yet so much as entred into the Statute Book insomuch that the former and present Dean could never get a sight of them And those of King Hen. 8. by one of his Masters of Requests Sir Iohn Tregonwell Commissioned under the Great Seal of England were only enter'd like an Old Almanack and stand as a Monument of Contempt which for many years past have been put upon them no more regarded than the Great Charter both of the Sovereign and Subordinate Founders Notwithstanding our Monarchs are declared by Acts of Parliament to have all such Iurisdictions Privileges Superiorities and Preeminences Spiritual and Ecclesiastical as by any Spiritual or Ecclesiastical Power or Authority hath heretofore been c. And have full Power by Law to Commission whom they please and for so long time as they please to Visit Reform Redress Order Correct and Amend whatsoever is amiss in any Ecclesiastical State or Persons and over All to exercise all manner of Iurisdictions Privileges and Preeminences which by any manner of Spiritual or Ecclesiastical Power Authority or Iurisdiction can or may lawfully be Reformed Redressed Corrected Restrained or Amended Which Right and Power being united and annexed to the Imperial Crown of this Realm and that for ever may be extended unto the Visiting even the Visitors themselves and that with an endless Visitation and by any mean Subject commission'd under the Great Seal of England especially such as take upon them to Visit the Ordinaries themselves and that within the Iurisdictions which are exempt and peculiar to them which none can Visit by Law in a Protestant Kingdom who is not a King or a Metropolitan N. X. Now because the Dean of Sarum's Ecclesiastical Court and Jurisdiction over the Close of New Sarum and the Liberties thereof and elsewhere in four Counties is for ever united and annexed to the Imperial Crown of this Realm even as firmly and as fully as the Courts and Jurisdictions of any Bishops those of Sarum Exeter and Bristol in particular it concerns the Bishop of Sarum as much as all he hath in the World is worth not to usurp the King's Authority nor to invade the Metropolitan's Right by invading the Dean's nor to attempt a New Dominion from Pope Boniface the Ninth without a new Act of Parliament which none were ever yet able in almost 600 years to prevail with any King or any Parliament to endure N. XI upon the whole matter All the Premisses being consider'd there can be nothing more desirable if 't is not absolutely necessary than that His MAJESTY now in being will be graciously pleased with the Assistance and Advice of the Archbishop of the Province if His Majesty thinks fit to make and Authenticate such a Body of Statutes for His Majesties Free Chappel and Cathedral Church of Sarum as King CHARLES the First of Glorious Memory did make and constitute for the Cathedral Church of Canterbury with the Assistance and Advice of Archbishop Laud. The Church of Sarum having as much if not a much greater need For The Statutes there at present are partly Popish partly Injurious to the King's Prerogative and Supremacy partly inconsistent with the Laws of the Land and common Honesty partly Repugnant to one another and so a snare to their Souls who are Sworn to keep them partly impertinent and impracticable as the state of the Church now stands partly impossible to be observed without a very great detriment to the Service of God and the credit of the Choir or else without a most grievous and most scandalous Violation of the Kings Ecclesiastical Laws to wit the Canons of the Church Besides that
Eadmerus l. p. 6. Seld Spic p. 165. s Spond Annal ad A D. 1237. t Cambden in Wilt. t Cambden in Wilt. u View of the Civil Law part 2. c. 1. Sect. 6. p. 104. w 24 H. 8. c. 12. and 1 Eliz. c. 1. 2. 3. x Lib. Stat. ut fol. 38. y Conc. Imp. Sacr. l. 8. c. 22. art 7. z Coke 1. Inst. l. 1. §. 1. and part 2. in Stat. de Westm. c. 1. p. 501. praesertim part 4. c. 7. 287. a Part 4. c. 76. p. 356. b 23 Eliz. c. 1. 3. Iac. c. 4. c Code Hen. 4. l. 7. Tit. 1. Art 47. c 1 Instit. l. 1. c. 5. Sect. 35. fol. 30. d 29 Ed. 3. Stat. 6. e Of many more Instances These at present may suffice In the Letters of Ch. I. May 18. in the 9th year of his Reign And Feb. 8. the same year of Ch. II. Iul. 24. 1674. and Ian. 11. 1665. and Sept. 10. 1666. and Mar. 8. 1676. and Iun. 8. 1680. Besides many more Registred and many which are not but ought to be and to have been f Coke 1. Inst. l. 1. Sect. 31. fol. 27. g Stat. 14 Ed. 3. cap. 4. h Daniel in the Life of Rufus p. 44. i Lord Coke out of the Parliament Rolls 18 H. 3. k V. Cottoni Posthuma p. 280. 281. l Hist. of the Rights of Princes in disposing of Church Lands and Eccl. Promotions p. 322. m Guiccard in Hist l. 4. n Regist. ex Annal Pontif. fol 3. o This in Scriptis was the Assertion of the present Bishop of Sarum Dr. Ward 's in Answer to the Dean's Narrative p Hist. Reform Part 2. lib. 1. p. 6. 7 8 9. q Part. 3. C. 4. Sect. 4. p. 190. r Bishop God win in his account of Rich. Poor p. 276. Spondanus supra s The Established Church c. 12. p. 144. c. t 25 Edw. 3. Stat. 6. u Coke Inst. Part. 2. upon Magna Charta c. 1. p 3. where Fleta Bracton Glanvil and others are cited by him w See Bishop Sanderson's said Book especially pag. 30. 31. to pag. 34. 35. c. x In ibid. p. 45 where Bishop Sanderson cites the Statute of 1 Ed. 5. and makes an wholesom use of it p. 45 which compare with 1 Eliz. c. 1. y Baronius A. D. 1059. n. 23. z Littleton §. 64â— Coke upon him p. 344. a Paâ—lo Scarpi ubi Supra n. 77. pag. 23. b Stat. 1. Elizab. 1. c Coke 1. Inst. l. 3. fol. 344. d Westm. 1. 49. 3. Ed. 1. Wing p. 378. e Coke ubi supra Inst. p. 3. f 1 Inst. l. 1. Sect. 1. Stat. de Westm. c. 1. p. 501. h Coke 1. Inst. l. 2. c. 11. Sect. 136. f. 96. a. and f. 344. i 2 Inst. c. 19. p. 298. i 2 Inst. c. 19. p. 298. k 1. Eliz. c. 1. § 1. g Eusâ— in vita Constantini l. 4. c. 24. l Paulus Scarpius ubi supra n. 85. 86. 87. Tancredus and Lindwood Provin l. 3. Tit. 2. pag. 125. 126. m W. Malm. Hist. nov l. 2. Sub initium Flor. Wig. ad An. 1086. Hoveden ad eundem An. Daniel in the Life of Rufus p. 48. Eadmer p. 55. 117. n Cambden in Wilt. calls them all the States of England and saith that of every penny of the 3d. penny of Sarum the King had 20. s. o To whom add Daniel p. 48. a good Historian tho' not an old one p A. D. 1133. Dan in his Life p. 57. q Eadmer p. 187. Flor. Wigorn. Rog. Hoved. ad an 1116. r W. Malm. de Pontif. l. 2. f. 142. b. s Daniel in King Stephen p. 61. t Camden in Wilt. u Bishop Godwin in Roger the 3d. Bishop of Sarum w Ego Osmundus notifico Ecclesiam Sarisb me construxisse in ea Canonicos constituisse c Mag. Char. Osmundi in Statut. de Collatione Prebendarum f. 36. b. 37. a. x What is said by Malmsb. f. 161. fol. 91. edit London is not said of Bishop Herman but Bishop Roger who being after Os mund makes it nothing to the purpose Besides that 't was written when Roger was in Greatness and flattered for it De gestis Reg. l. 5. y See H. Knighton apud Bee fol. 2351. and Bish. Godwin p. 272. Osmund's Chartar ubi supra z Will. 1. was so eminent for Devotion that 't was confessed by his Haters So saith Daniel in the Life of Will. 1. p. 43. Rad. de Diceto A. D. 1072. p. 485. a Registr Jo. Davysone Dec. A. D. 1375. fol. 13. b Regist. Davysoni fol. 3. c Flor. Wig. A. D. 1092. with whom agrees Hoveden Simeon Dunelmensis and Petrus Blesensis cited by Camden in Wilt. d Regist. Jo. Davysoni s. 3. a. c. inter gesta Richardi Episcopi Sarum e Evidentiarum Tom. 20. f. 120. f Camden in Wilt. names but one or two Bishops whoever had it But a Long Train of Earles who had part of the Old Castle for a dwelling House a long time after the removal of the Cathedral Townsmen y De Pontif. ubi Supra Malm. Novel l. 5. z Castrum Comitis non Episcopi Matth. Paris fol. 439. Camden in Wilts Bishop God win p. 280. a Ministâ—â— D. Regis b Infâ—a Castrum Domini Regis c Volentes Privilegium Illud in perpetuá firmitate manere Burton de Libertate Capellarum Domini Regis 1245 d Judge Ienkins p. 24. say 'T is Treason to pay Obedience to the Pope or to any other than to the King For which he cites 23 Eliz. cap. 1. and 3 Jac. cap. 4. §. 22 23. b 25 Ed. 3. c. 22. 7 Rich. 2. c. 12. e Dignitas est Decani omnium Canâ—nicorum c. e Dignitas est Decani omnium Canâ—nicorum c. f 1 Ed. 6. cap. 2. §. 3. 1 Eliz. cap. 1. §. 17 18 8 Eliz. cap. 1. g Cokâ— 1. Inst. l. 2. cap. 11. 134. h 27 Ed. 3. Cit. Praem cap. 1. With which Statute compare 25 Ed. 3. cap. 22. and 7 Rich. 2. cap. 12. where that King delaresâ— against his granting any such Licence as is pretended i 16 R. 2. cap. 5. Hist. Concil Trident. l. 5. pag. 101. An. 1551. k Of the 32 Acts are those of 50 Ed. 3. cap. 1. 2. A. D. 1376. 1 Rich. 2. cap. 1. 34 Ed. 1. St. 4. cap. 4. 4 H. 4. cap. 3. l Paolo Sarpi N. 74. p. 22. m Lib. Statut. n That is The Conqueror himself from whom Captain Osmund had all he had in the World and did hold by Knights Service or any whom â—he said Osmund might have entrusted or employed o Sir T. Ridley's View of the Civil Law part 3. cap. §. 2. pag. 172 173. p De Septeâ—nio in Septennium duntaâ—at q Fol. 67. 2. r Fol. 65. s 65. t Fol 63. u Fol 63. w See 25 Hen. 8. 20. 26 Hen. 8. 1. 1 Eliz. 1. §. 17. n. I. §. 18. n. 1.