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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	bishop_n	ecclesiastical_a	jurisdiction_n	1,714	5	9.0809	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

therefore is it for men to lessen that Monarch in his Prerogative who did not only make them but does still keep them Great How often had the Hierarchy been trodden utterly under foot if the King singly had not Sustained them How many Parliaments may be convened who will Vote down All Bishops and Deans and Chapters ab Actu ad potentiam optime valet Argumentum if the King will prompt them to it or but Consent when it is done They who look downwards upon themselves but neither backwards nor forwards on the years that are passed and the years to come do not consider what Protections they have received from the King at the King 's great cost or what Protections for the future they may have a sad Occasion to wish and pray for And here I should have ended this 2d Chapter but for a Passage out of the Annals of Burton Abby MS. 1245. Which shews that even then in the Time of Hen. 3. long enough after Osmund and Will 1. the King of England had Many Free Chappels and was resolved to keep them Free Indeed so many that diverse Parish Churches which did but Neighbour on the King's Castles were apt to pretend to that Priviledge Yea the Chappels in the King's Castles were Confirmed in their Immunities Exemptions and Liberties by Popes themselves As appears by that Kings Proclamation Dated at Westminster March the 3d. in the 30. Year of His Reign Wherein he strictly Commanded that the said Freedom of his Chappels should be Perpetual Et ne Aliquis contra praedictum Privilegium aliquid audeat attemptare Nor hath any of our Monarchs taken away or surrendered that glorious Branch of their Prerogative whatever Subjects have attempted by joining with Boniface the 9th CHAP. III. WHereas 't was affirmed by the Bishop of Sarum to the Lords That there never was a Time when either the Dean and Canons were exempt from all Iurisdiction of the Bishop of Sarum The contrary to it is confessed and strongly proved by his Lordship himself in the very next Words following wherein his Lordship cites The Composition that was made between Bishop Waltham Dean Montacute and the Then Chapter of the said Church which was no longer since than in the Year 1391. whereas the Absolute Exemption of the Dean and All the Canons from the Bishops Jurisdiction was in the Year 1095. Between which two Dates there was an Interval of almost 300 Years Which Composition so called was indeed a Conspiracy of the said Bishop Dean and Chapter with Pope Boniface the Ninth by whom it was confirmed and for which by the Laws of England even c Then in force they did incur a Praemunire Which All the Bishops ever since are humbly conceived to have incurred who have presumed to Act according to That Conspiracy I. Against the Supremacy and Prerogative of the King II. Against the Common and Statute Law of the Land III. Against the Fundamental Statute of our Subordinate Founder Osmund IV. Against their own Souls in two respects first in respect of the Several Oaths which have severally been Sworn by all the Bishops Deans and Chapters That they would keep and cause to be kept as much as in them lay that Fundamental Statute of Osmund with all the Priviledges Dignities Immunities and Exemptions therein contained of which Oaths the said Conspiracy or Composition is a Professed Violation as shall be shewn in its proper place Secondly in respect of the heavy Curse which Osmund denounced against All those who should dare to pervert the said Fundamental Constitutions in any kind V. Against its own Being by reason of its several Inconsistences with it self and of the several Nullities contained in it Lastly Against the Well-being if not against the very Being of the whole College within the Cathedral Church of Sarum by reason of its most scandalous and most mischievous Effects But of each in its Order § 1. First It was a Conspiracy against the King of England and his Prerogative who is in Law declared to be the Founder as well as Patron of all the Archibishopricks and Bishopricks in England but took care in his Original Charter granted to his Favourite Osmund sealed first with the Seal of Will I. and then with the Seal of Will II. to exempt his Dean and All his Prebendaries or Canons from the Bishops Jurisdiction in as full and as plain a manner as Latin words could express an Exemption by In words so carefully contrived against all possible Affectation of Jurisdiction over the College of Dean and Chapter in any succeeding Bishop of Sarum that what the present Lord Bishop of Sarum would make an Argument for himself and his Affected Jurisdiction makes quite against him For the Voice and the Place which the Bishop has in Chapter common to him with all the 52 Canons he has as Prebendary of Pottern not as Bishop of Sarum nor has he so much as a Second Voice as he is Prebendary of Blewbery because he was never admitted to it by Installation nor lawfully could be For when Hen. 2. had given two Prebends to One man in one Church Pope Alexander the Third complained of it in his Letter as Unlawful and Uncanonical Not denying the King 's Right of conferring Prebends but the Evil use of it So that the Bishop in Capitulo has but one single Vote and the liberty to propose what he thinks may tend to the good of the Church or to complain of what he takes to be amiss as every other Prebendary has as free liberty to do and to be punished or amended by the Authority of Dean and Chapter Nor is it said to be the Duty but the Dignity of the Dean and of all the Canons ut Episcopo in nullo respondeant nisi in Capitulo To which 't is added in the next words what his Lordship does not mention judicio Tantùm Capituli pareant where the word Tantum excludes the Bishops Iudgment or definitive Sentence of any matter limits it wholly to the Body of the Great Chapter consisting of All the Canons Non-Resident and Resident whereof the Dean is the Head and the Prebendary of Pottern a worthy Member but the Bishop as Bishop is neither of them Nor was this Signal Exemption only in the Foundation of the Cathedral made at once by the Supreme and the Subordinate Founder but it was Repeated and Confirmed by Hen. III. and Bishop Poor in the Removal of the same from Old to New Sarum in the years 1220. And the same Oaths for the due observance of it have been ever since Sworn by all the Bishops Deans and Chapters without Exception All which was alledged with effect in the Chapters Accusation of Bishop Erghum to Archbishop Sudbury 1375 whom they charged before his Grace at once with Perjury and Usurpation for affecting a Jurisdiction over the Canons when the Dean was Dead and the Deanry Vacant at a Time wherein the Bishop had a little colour for it

such as they they are Tumultuary and Immethodical according to the different Times wherein the different Occasions whereupon and the different Authorities whereby they were made Some are antiquated and grown out of use by the Deans and Chapters ceasing to live together as in a College to eat and drink together upon the Common Revenue in one common Refectory or Hall as in Oxford and Cambridge those of Colleges do still and by converting Meat and Drink into Mony whereof all have their Proportions and wherewith they keep their Families apart The like Change is made in the Corporations of Vicars Choral All occasioned as I suppose by Marriage permitted to the Clergy None of our Statutes can be obliging to any beyond the Contriver's Time unless as made or confirmed by the Law of the Land or the Kings of England But our Royal Statutes which alone are Authentick are most despised as hath been shew'd N. XII Without a Body of Authentick and Reasonable Statutes such as may be agreeable to the Word of God the King 's Right of Prerogative the Law of the Land the Church of England as it is by Law Established and our present Metropolitans Provincial Letter Aug. 23. 1678 the Vindication of which hath cost the present Dean great Pains and Trouble to say no more it will be hard if not impossible to break the Old Popish Custom of thrusting the most unqualified and most scandalous Singing-men not so much into Holy as unholy Orders because unlawfully conferred and sacrilegiously received The mischievous consequences of which are too many and too great within these last Twenty years to be expressed without a Volume Whereas our Two Universities can furnish us with men of very good Learning and Degrees who have much better Voices and greater Skill in Musick than our Illiterate and Ungraduated Songsters And it is but too evident how sadly the Church is overstocked with men of Learning and Degrees the Universities sending out yearly many more of such Men than the Church hath Employments I do not say Preferments to entertain N. XIII We need say no worse of the Composition made on purpose to overthrow the Fundamental Charter and Statute than what was said by Paolo Sarpi of the Concordat purposely made by Leo the Tenth to overthrow the Pragmatic Sanction If the Bishop of Sarum had no Jurisdiction within the Close without or before that Composition why was it not Invented almost 300 years sooner And if he had it from the Foundation or at any time after before and without that Composition to what purpose was the Invention and why was it ever made at all and why with a Salvo to the Dean's Right whereof it is a Violation And why with no Salvo to the King 's Right to which it is an Opposition and why with a Non obstante Statuto Charta Praedicta These were evident Confessions that what it sought to legitimate was illegitimate till then and utterly unlawful for almost 300 Years Lastly Why was it called a Composition or a Compromise a Concord made between Parties Litigant A Superior having a clear Right of Jurisdiction treats his Inferiors as a Iudge by executing Law not as a Party Compounding for a Law and a Jurisdiction which before he had not The very word Composition confesses Novelty and Guilt and Usurpation from which according to his Oath his bounden Duty and Allegiance appellat Caesarem Decanus in imitation of St. Paul and a Case like his the Dean appealeth unto Caesar and immediately after Caesar to the Archbishop of the Province whose Metropolitical Prerogative and Jurisdiction as well as that of the King himself the Bishop of Sarum whilst I am writing is Now presuming to Usurp which I can prove he does wilfully and against his own Light because he knows he hath earnestly and to my Face disclaimed all Pretences of Jurisdiction in the Close and cast it wholly upon Me as on the Ordinary of it and as having within it solely the Ecclesiastical Jurisdiction when he refused perseveringly to punish a Fornication committed in his own Palace the Correction of which I sought to cast upon his Lordship His Lordship knows the Determination of my Lord Chancellor Hyde Earl of Clarendon and of Archbishop Sheldon for Dean Baily against the then Lord Bishop of Sarum He knows that none but the Deans Court could ever Try or Condemn any One Person within the Close in any one Case or Cause of Ecclesiastical cognizance He knows an Oath of Obedience to the Dean is ever Sworn and to be Sworn by every Prebendary or Canon at his Admission and this according to the Statute not only of the King and Bishop Osmund but even of Bishop Roger Himself But no such Oath unto the Bishop throughout the whole Statute-Book is to be taken by any Member of our Cathedral His Lordship knows that All are liable to the Corrections of the Dean within the Church but not One unto the Bishop Decanus omnibus Canonicis Vicaries praeest quoad Regimen Animarum Correctionem Morum His Lordship knows that at Morning and Evening Prayers after the Tolling of the Bell no Person is to be staid for ne Episcopus quidem Ipse except the Dean His Lordship knows in defect of Residence the Canons were to be Mulct or Fined secundum Consilium Decani not Episcopi and that by a Statute which was confirmed 't is an Argument ad hominem Autoritate Apostolica His Lordship knows that the Dean as Petrus de Subaudia made Statutes of himself aproved of and ratified by the Bishop and the Chapter ex Parte Post. But never any Bishop presumed to make any Statute without the Concurrence of Dean and Chapter His Lordship knows the Dean's Power to give leave of Absence or to deny it without the least notice ever taken of the Bishop His Lordship knows or should know that the Dean was acknowledged by Bishop Iewel to be Totius Collegii Pater Sanctae Societatis vinculum that the Dean not the Bishop has Power by Statute to admit the Clergy of the Church of the higher and lower Degree to Possession and Commons suo Iure in one place and in another sua sola Autoritate and to receive an ounce of Gold from every Canon whom he Installs though now 't is dwindled into a Mark and to challenge for Himself and his Retinue de Iure Dignitate sua from every Prebendary or Canon by whose Corps he shall pass in any Journey one days plentiful Entertainment with a laute percipiet ad Libitum Briefly Our Statutes give more respect unto the Dean than the Dean can desire or look for and such as I am loath to mention But it appears by the Old Statute-Book lent by Dean Brideoak to the present Lord Bishop Iuly 10. 1672 by whom it is not yet restored as D. Brideoak left it under his hand when he