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A54862 A vindication of the King's sovereign rights together with A justification of his royal exercises thereof, in all causes, and over all persons ecclesiastical (as well as by consequence) over all ecclesiastical bodies corporate, and cathedrals, more particularly applyed to the King's free chappel and church of Sarum, upon occasion of the Dean of Sarum's narrative and collections, made by the order and command of the most noble and most honourable, the lords commissioners, appointed by the King's Majesty for ecclesiastical promotions : by way of reply unto the answer of the Lord Bishop of Sarum, presented to the aforesaid most honourable Lords. Pierce, Thomas, 1622-1691.; Burnet, Gilbert, 1643-1715. 1683 (1683) Wing P2208; ESTC R31798 74,935 137

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A VINDICATION OF THE KING' 's Sovereign Rights Together with A Justification of His ROYAL Exercises thereof in all Causes and over All Persons Ecclesiastical as well as by consequence over All Ecclesiastical Bodies Corporate and Cathedrals More particularly applyed to the KING 's Free Chappel and Church of SARUM Upon Occasion of The Dean of SARUM's Narrative and Collections made by the Order and Command of the most Noble and most Honourable The LORDS Commissioners Appointed by the KING's Majesty for Ecclesiastical Promotions By way of Reply unto the Answer of the Lord Bishop of Sarum Presented to the aforesaid most Honourable LORDS Printed only to save the Labour of Transcribing several Copies and to prevent the Mistakes thereby apt to be incurr'd and meerly for the Satisfaction of private Friends who either Want or Desire a most Impartial Information of that Affair A GENERAL TABLE OF THE CONTENTS THE Dean of Sarum superstructs the Ecclesiastical Rights in Thesi to things of humane Establishment upon the Foundation of the Regal as upon a Rock which cannot fail them And also the Rights of the Bishop of Sarum in Hypothesi upon the only sure Foot which it can possibly stand upon The Moral Necessity of distinguishing with the Judicious Bishop Sanderson between an Original and Derivative Right As also with the famous Chief Justice Coke between a Subordinate and the Supreme The KING in Law is The Founder Proprietor in Chief and Advower Paramount of All Arch-Bishopricks and Bishopricks Cathedrals Prebends and of All contained in them The Despotical Exercise of the Regality as in all Other Churches so Above All in the Church of Sarum The Church is never so much Betray'd as by Them who assert a Church-man's Right with an Exclusion of the King 's and strive to take down the Stairs to which they owe their own Advancement The Dean of Sarum does not ascribe an higher Prerogative to the KING than Iudge Coke himself and Bishop Sanderson the Common and Statute and Civil Laws yea no more than Pope Nicolas to Edward the Confessor and his Successors Kings of England And does but distinguish with the most excellent Paolo Sarpi That Oracle Life and Soul of the most famous Venetian Senate between Dominion and Dispensation Where any Bishop is Dispensator the KING is Dominus The Second Chapter THE King's Castle at Old Sarum and the King's Free-Chappel in it and the Dean of it Before a Cathedral Church was built Before a Chapter was created Before the Indowments of the Sovereign and Subordinate Founders and during all Bishop Herman's Time are made Apparent and Undeniable by the Best and First Authors printed by which the Written Registers can be confirmed And That Register of Registers which was cited by the Dean but cheaply slighted by the Bishop is shewed to be as Authentick as any his Lordship can produce and for All the same Reasons which any Ordinary can urge for another Register Florentius of Worcester Eadmerus Will. of Malmsbury Roger Hoveden Simeon Dunelmensis All elder than Mat. Paris and M. Paris Himself with several others do all conspire in antecessum to prove the Authority of the Deans Register maugre Those who disesteem it for appearing too much in the Royal Cause Truth justified by its Opposers before they are aware and against their Wills in the very Act of their Opposition Two or three Bishops and many Earls had the King's Castle only as Keepers and during pleasure Thence 't was an Ambulatory Trust as is demonstrated by an Induction The Castle stood on the King's Soil The Lord Bishops Margin does only serve to Confute his Text. The Third Chapter THE Dean of Sarum's Jurisdiction in his Peculiars and particularly in That of Salisbury-Close which must be distinguished from the City which is the Bishops under the KING whereof the Dean is the Sole Immediate Ordinary was ever Exempted from the Bishop by the Charter of the Supreme and Subordinate Founder of the Cathedral the King and Osmund In comparison with which The most unlawful Composition was but a Novelty Almost Three Hundred years Younger than the Great Fundamental Statute That Composition was a Conspiracy of Pope Boniface the Ninth with the Then Bishop Dean and Chapter against whatsoever is Great or Sacred Against the Good Word of GOD. Against the Supremacy and Prerogative of the KING Against both the Common and Statute Law of the Land Against the very Foundation whereupon the whole Colledge and Church are laid and together with which they must Stand or Fall Against the Souls of Them that Made it and have Acted according to it both in regard of their own Oaths and the Founder's Curse And by reason of All the Nullities and Inconsistences that are in it against Common Sense and against It Self The Dean of Sarum's Jurisdiction exclusively of the Bishop's within the Close is strongly proved by the Confessions of the present Lord Bishop to the Dean Before his Lordship had been Incensed by the Dean's Services for the King and by his dutiful Obedience to the Lords Commissioners Command 'T is farther proved by All Decisions of Authority For the Dean's evident Right against the Bishop's Invasion of it An instance of it in the Sentence of the Lord Chancellor of England and the Arch-Bishop of the whole Province The Mischeivous Effects of the Composition Of no use to its Observers unless to make them in danger of incurring a Praemunire The Absolute Necessity of a Royal Visitation to set all Right The Appendix MR. Yeates in several Letters to persons of Honour and lesser Quality doth strongly assert unto himself his whole design of the Four Heads He irrefragably proves the Dean of Sarum not to have had an Hand in or Assent to or Connivance at or Knowledge of his Design Antecedently to the Command of the Lords Commissioners or to the First Notice sent him by the Lord Bishop and the Chapter His Two Inducements to it from his Right Reverend Diocesan and his None at all from the Dean of Sarum A VINDICATION OF THE King 's Sovereign Rights As in all Cathedral Churches so especially in the Church both of Old and New Sarum as asserted in the Dean of Sarum's Narrative drawn up and presented to the most Noble Lords Commissioners HAving laboured of Late under the Obloquy of Some and the Ill-will of Others and the impotent Revengefulness at least of One for having delivered what I had found of the King 's Sovereign Rights and his Royal Exercises thereof as well in All Causes as over all Persons Ecclesiastical All Bodys Corporate and Cathedrals more particularly applied unto His Majesty's Free Chappel and Church of Sarum tho' I did nothing of my self as a Voluntier but by Commission and Command from the most Noble and the most Honourable the Lords Commissioners appointed by his Gracious Majesty for Ecclesiastical Promotions whom God knows I did believe it my bounden Duty to obey I am induced to give the Reasons of my having
affront the King by it takes upon it to decree the whole Revenue of the Deanry Decanatu vacante to the Chapter which as well as the Revenues of all the void Bishopricks in England belong by Law to The King alone Lastly The Goods of the Church as the Chapter words it which Osmund gave to the Dean and Canons he gave them even so as he had received them of the King with a Libere prout Ipse obtinueram meaning his Master Will. I. and adds a little after in his repeated Exemption of all the Prebendaries or Canons from all Intermedlings of any Bishop who should succeed him Habeant etiam Curiam suam in omnibus Praebendis suis Dignitatem Archidiaconalem ita ut nulla omnino Exigentia vel in Dono vel in Assisa aut aliqua alia Consuetudine ab Episcopo vel aliquo alio fiat c. Sed ● contra omnes Dignitates omnes Libertates plenarie pacifice habeant quas Ego Osmundus Episcopus in iisdem Praebendis habui aut aliquis alius cum ●as in Nostro Dominio haberemus 'T was in contempt and relation to this Emphatical Exemption as well as that which was instanced in before That the Bishop Dean and Chapter conspired with Boniface the Ninth against the Statute they were sworn to keep inviolate with a prodigious Non obstante Statuto and Charta pradicta And therefore § IV. Fourthly It was against their own Souls For it follows in the same Charter or the great Fundamental Statute wherewith all after Statutes must stand or fall that every one of the Foundation must take an Oath at his Admission Se Dignitates Consuetudines Ecclesiae Sarum inviolabiliter observaturum And if any one shall presume to violate or pervert the said Statute of the Foundation perpetuo Anathematizetur is the Form of the Curse used by the King and Bishop Osmund on the Transgressor Nor is it meant of the Lesser but Greater Cursing which the Old English Festival and the Articles found in St. Paul's Church at Canterbury A. D. 1562. do define to be Such a Cursing or Vengeance-taking that it departeth a Man from the Bliss of Heaven from Housel Christ and all the Sacraments of Holy Church and betaketh him to the Devil and to the Pains of Hell without end Such was the force of the word Perpetuo when such Cursings were in use In a due fear and for the prevention of such a Curse upon such a Perjury the Chapter of Sarum in their Complaint to Archbishop Sudbury against Bishop Erghum for violating his Oath by usurping a Jurisdiction and by presuming to visit certain Prebends whilst the Deanry lay void did present how All the Privileges which had been settled in the Foundation were continued and confirmed in the Removal of the Cathedral and that by a Bull from Pope Honorius cum hac clausula in Literis Apostolicis inserta Salvis ipsius Ecclesiae Sarum Privilegiis Dignitatibus Consuetudinibus Ad dictas etiam Ordinationes Consuetudines Libertates Dignitates fideliter tenendas inviolabiliter observandas Episcopi Decani Canonici Sarum Praebendarii eorum temporibus successivis omnes singuli juramentis Corporalibus ad Sancta Dei Evangelia praestitis realiter fuerunt sunt astricti Whereupon they prayed the Archbishop of the Province so to interpose his Metropolitical Power as that the said Bishop of Sarum for the salvation of his Soul might revoke and retract the Visitation he had begun and the Chapter enjoy their own without disturbance Place at igitur Paternitati Vestrae taliter interponere Partes Vestras ut dictus D. Episcopus Sarum omnia praemissa illicite attentata praecipue Visitationem sicut praemittitur Decanatu vacante de facto inchoatam pro Salute animae suae revocet praefatum Capitulum Prebendarii omnes singulos commodo Fundationis c. libere gaudere in solidum exercere quoad omnia praemissa in Pace permittat in futurum Lastly The Fundamental Statutes and Customs of our Church were so confirmed By Hen. 8. in his Regal Visitation of it An. Dom. 1535 that the Bishops of Sarum for ever are as much subject to them as any other The Bishop there by Name is the first bound up and bound up to the observance of no other Statutes and Customs than do agree with the Word of God and with the Laws of the Land with which the said Papal Composition hath been proved to disagree and as it professedly does oppose the Royal Charter and the Fundamental Statute on which our whole Endowment stands so I set This against That the Fundamental Charter and Statute against the Novel Composition or Combination § V. Add to this that the Composition hath several other Nullities in it arising from its several Inconsistences with it self 'T is inconsistent with an Episcopal Jurisdiction 1. Not to be impowered to Visit Triennially and 2. To be interdicted a Procuration 3. Only once in Seven years 4. And then without any Regard 5. And in the Chapter House only not where he will excepting the Archdeacons whom 't is said he may Visit elsewhere 6. A fault or default in a Prebendary at large to be corrected not by the Bishop but by Dean and Chapter or by the Dean alone as is usual without a Visitation fol. 66. b. 7. A Power is pretended to inquire what is amiss among all the Secular Inhabitants of the Close and to reform or correct if the Dean does not f. 66. which hath an absolute Inconsistence with the Salvo made before for the Rights of the Dean in these words Visitatione Iurisdictione Decanali in omnibus per omnia Decano Successoribus suis semper salvis Now when it shall be made to appear not only by immemorial Practise but by Decisions of Authority and by the Confessions of this present Bishop yes and by his earnest Contentions for the Dean against himself that the Close is the Dean's Peculiar and not the Bishops that the Dean has All the Ecclesiastical Jurisdiction and the Bishop none at all that all Persons and Causes of Ecclesiastical cognizance within the Close yea within the Bishops own Palace are to be Tried and adjudged in the Deans Court alone not at all in the Bishops Then I trow 't will be granted to be a monstrous Absurdity and Inconsistence for One Ordinary to be the Visitor of Another who hath a Co-ordinate Jurisdiction with himself in many other places of Wilts and Berks and a Superior to him in One and a sole Jurisdiction in that very Close wherein the Bishop pretends to be the Deans Visitor which is to take upon him a Regal or Metropolitical Authority to which two alone the Dean of Sarum is subordinate in his Peculiars as all others are who have Episcopal Jurisdiction within the Province even abstracting from the Relation the Deans of Sarum ever had to the King 's Free Chappel whereof the