Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	ecclesiastical_a	jurisdiction_n	king_n	2,975	5	4.2912	3	true

Text snippets containing the quad

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

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

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

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

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

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

went hence to the See of Chichester That and Bishop Poor's Register are to this day concealed from me I will Conclude with this one signal Observation That of All the Monarchs of England who have deprived the Bishops of Sarum of many Jewels in their Mitres not any One of them ever took any thing from the Deans because Originally the Deans of their Royal Chapel and Virtualiter ever since AN APPENDIX TO THE PREMISSES SHewing the Dean of Sarum's Innocence if not his Merit in his Services for the King by the Lords Commissioners special Order and in his Obedience to their Lordships express Command and also in his perfect Ignorance of Mr. Yeats his Address to the said great Lords with his Four Heads of Information until the Lord Bishop and the Chapter of Sarum gave the Dean his First knowledge and notice of it So that the Controversie ensuing it might possibly have been Raised by the said Bishop and his Adherents Before it was so much as possible to have been Raised by the Dean without his knowing any thing of it till so informed But seeing All men are subject to be Mistaken and Abused by men of Malice it is the honour and the duty of All the Dean of Sarum's Friends in the number of whom I profess my self to convert or to shame those Fanatical Enemies to the Government who do pretend to suspect him though indeed they do not and cannot suspect him in Reality of having dealt underhand in the Design of Mr. Yeats or of having acted otherwise towards any the least Occasion of any Controversie or Difference with any Creature Antecedently to the Command of the Lords Commissioners the Evidence of the contrary is so manifold and convincing But yet they hitherto Resolve to pretend suspition when they have None whereby to justify or excuse their Diabolical Defamation of an innocent Man If yet it is a Defamation or a Crime to prompt a Pious and Learned Person to serve his Sovereign as he is able The Real cause of their Malignity being too Criminal to be owned to wit the Dean of Sarum's Loyalty and Love of Truth and Compliance with the Commands of the most Noble Lords Commissioners who are impowered by the King to command us All. This alone is the True Ground of some mens Pretending to a Suspicion whereby to revenge themselves on the said Dean for having dared to be Dutiful to his Superiours These Artificers and Inventors of Evil Things having not at all either the Grace or even Humanity to consider that They Themselves must have obeyed as ill-affected as they are to Any Commissioned by the King had they been so commanded as the Dean of Sarum was But I will no longer detain the Reader in this Preface to an Appendix from Mr. Yeat's his own Letters sent to several Persons of Honour and to some others of lesser Quality strongly asserting unto Himself the whole Design of the Four Heads which he addressed to the Lords Commissioners and confuting those Malignants who out of Envy to his Performance would have him taken to his Disparagement for Another man's Tool Nothing is added to the said Letters besides a few Deductions Thence and some Reflections thereupon An APPENDIX to the Three foregoing Chapters § 1. MR. Yeats was so unwilling that either the Dean of Sarum or any other of that Church should have any share with him in the Honour or in the Blame of his Project of the Four Articles that he writ an honest Letter to a Person of Quality in the Countrey as before to some at Court and to the Lord Bishop himself who permitted the Dean's Son to transcribe as much of it as he thought would conduce to his Father's Service and Satisfaction And 't is as follow 's I am heartily sorry that any should be so Atheistical as still to suspect the Dean's privity to my design after so much evidence and conviction to the contrary and therefore to shame them I am ready to undergo whatever Test shall be put upon me to declare that the Dean was neither directly nor indirectly nec per se nec per alium acquainted with my design but every way as ignorant thereof as the Child unborn and much less abetting me therein than the Bishop himself from whom I had indeed two Inducements but from the Dean none nay less than none this being the only way I had to incur the Dean's Displeasure but withal to procure a Favour from the Bishop or at least from the King himself The only offence that I Can charge my self herein to be guilty of and for which I do and must ever beg the Pardon of Mr. Dean is not only that I drew up those Articles without his Privity or Assistance but also without his knowledge or consent referr'd my self for Proof of them to Books and Papers in his Hands Truth is the knowledge I had of the chief things suggested by me to the Lords Commissioners was principally from a Sheet of Reasons whereof Copies had been dispersed into several mens hands as well of both Houses of Parliament as private Persons One of which Copies I have here with me penned by the Dean about Six Years since which Sheet was Entitled Certain Memoirs of things pleadable against a Bill then prepared for the taking away of all Peculiar Jurisdictions c. wherein among others I found this very observable Passage The Dean and Canons of Sarum had their abode before the Conquest in Old Castle called Caesar's Burg and corruptly Sarisberg by the Brittains Sorbiodunum It was at the first the King 's Free Chappel as Windsor is at this day wherein the Dean under the King had more than Episcopal Jurisdiction Vide Vetus Registr Miscell Registr Dom. Richardi Episc. Sarum 'T was from this and certain other Passages there following seconded by what I heard from some Persons better known as I thought in the Affairs and Records of that Church than I can be supposed to be that I thought I had reason enough humbly to tender those Four things to be inquired into by their Lordships But for the Reverend Dean of Sarum he had no manner of knowledge of my Design or of my Two Inducements ●o it nor of the Petition of the Mayor and Magistrates of Marlborough nor of those Noble Persons who did promote it and therefore as I have highly though undesignedly disobliged him by acting as I did without his Privity and as I found since against his Will so I have and do and ever will beg his Pardon which whether I ever obtain or not I will be ever his Vindicator in the bottom of my Heart from his having had the least share or so much as knowledge of my Rashness and Precipitancy § II. Thus far Mr. Yeats word for word and as truly as ever any man spake He offered also to confirm it in open Court upon Oath which makes me say that those men are unworthy and must not expect to be