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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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one Thing not two Things as the King's Attorney was made beleive and All other Church-men except the Dean who had an House and Demeasnes by the Rivers side about half a Mile below the Castle called still the Dean's Court as Mr. Barker's House in Sunning is to this Day called the Deanery were but as Prisoners in the King's Castle compared with what they are now for above One Hundred Thirty Four Years And accordingly Bishop Poor made it the Ground of his Complaint both to the King and to the Pope as that on which he then built his Petition to Both for a Removal Ecclesiam de Castro de Carcere Regalis Potestatis laborabimus aedificare c. posthaec autem acccessit ad Regem Angliae petens ab eo Licentiam c. postulans ab eo tanquam a Domino suo manus adjutrices Cui Rex benignissime praebuit assensum c. Lastly 't is confirmed by those words in the Bull of Pope Honorius the Third Quod non patet aditus ad Ecclesiam sine Licentia Castellani Peter of Blois agrees with all these ☞ From all the Premises it is clear That the Church was not only within the Precincts of the King's Castle which yet is sufficient to prove it stood on the King's Soil however denyed by his Lordship But also within the Castle it self strictly and properly so called Sect. 7. Seventhly As the Castle and the Guard of Souldiers in it and the Ground in which it stood have been evidently proved to have been the King's so 't is evident that the Bishop held the Castle but as a Keeper or as a Maistre d' Hostel or as a Tenant to the King or at most as All Governors of Garrison-Towns and Castles do hold them pro Tempore for the King and even so both the Bishops and Earls of Sarum the Earls longer very much longer than the Bishops held it only in Trust and during Pleasure Whence it was they were so often put in and out as our Kings saw good and as I shall hereafter shew at large even out of such Publick Monuments as are confessedly the Best This appears by the Grant of it to Bishop Roger as Great a Man with Hen. 1. as Osmund was with his Father William tho' of a far more contemptible and Base Beginning and one who grew Great by the basest means Malmsbury sets it forth thus Castellum Salesberiae or Sedberiae as Eadmer calls it Quod Regij Iuris proprium esset ab Henrico Rege impetratum muro cinctum Custodiae suae attraxerat Thus Osmund held it as a Custos of Will 1. and Will 2. and Roger as a Custos from H. 1. who found it encompassed with a Wall which Wall about the Castle seems to be all which gives any Colour for that saying of my Lord Bishop That Roger encompassed the City with a strong Wall Whereas the Castle so encompassed was not Civitas but only vice Civitatis as Will. of Malms precisely words it Thus the word Tenet is explained in Doomsday-Book Episcopus Tenet Saresberry And thus what follows aserted by my Lord Bishop's That the Castle it self did belong to the Bishop does of it self fall to the Ground without any stricter Examination of the Proofs which do not say any such thing as that for which they are pretended to appear But the contrary rather is from thence to be inferred Nor do I see to what purpose those words are added by my Lord Bishop in the Margin vid Bee fol. 2351. unless it be to confute the Text. The Place is in Henry Knighton Leycestrensis who did not write till 300. years after reaching to the Death of Rich. 2. about 1400. and who speaking of the King in Council commanding the removal of Bishops Sees does add these words Hoc anno Hermannus Episcopus Primus Sarisburiensis Obiit Cui Successit Osmundus Regis Cancellarius 24 annis Qui Ecclesiam Novam not Renovatam ibidem construxit Thus his Lordship's Citation makes quite against his own Pretentions Osmund did not only repair but first built the Church which Herman at most did but design So Matth. Paris in the place cited calls it not the Bishops but the Earl of Sarum's Castle For Will 1. gave it to Walter d' Evereux Earl of Rosmar in Normandy as to a Keeper so Hen. I. gave it to Bishop Roger from whom it was taken by King Stephen as from a Monster of Ingratitude and as from a Perjured Rebel Then the Custody of it was given not to the Bishops but Earls of Sarum and was continued in them by Caeur de Lion R. 1. and King Iohn after whom it was taken by Hen. 3. from the Grandson of Will. Longespee and given to Margaret Countess of Sarum whose husband being attainted 't was resumed by Ed. 2. and after given by Ed. 3. to Will. Montacute of whom tho' bought by Bishop Wivil for 2500 Marks not recovered by Law nor won by Combat 't was yet soon resumed and given by Hen. 4. to Rich. Nevil whom he made Earl of Salisbury 'T was after given by Ed. 4. to his Brother Richard Duke of Gloucester At last Hen. 8. restored the blood of Margaret and made her Countess of Salisbury After whose Attainder and Decapitation when she was 70 years old in the year 1605. King Iames gave it to Sir Robert Cecil and his Heires in whom it is at this day and is rented by the Good Relict of the most excellent Bishop Earl Thus we see to how few Bishops and to how great a Number of Earles the Custody of the said Castle was Concredited by our Monarchs from time to time as its Keepers were esteemed more or less worthy to be entrusted And to argue it was the few Bishops Soil two or three at the most or the Soil of the many Earles because our Monarchs made them Governours during Pleasure is as if a man should argue that the City of Oxford when it was Garrisoned was not the Kings but Colonel Leg's Sir Arthur Aston's Sir Thomas Glenham's c. because they were the Governours unto whose Custody 't was committed Or that the Castle of Windsor is the Earl of Arrundel's exclusively of the King because the King gave him lately the Honour of it Now having proved that the Castle of Old Sarum was the Kings and that the King's Servants were in it for more than 130 years and that the Cathedral Church of Sarum was within the Kings Castle which yet was confidenly denyed to the Lords Commissioners and that our Kings from the Beginning have Acted in as Absolute and as Despotical a manner in and over the Church of Sarum as in any of their own Mansion Houses within these Realms Common Sense will infer and inform the most indocile That where the King William the First had a Castle and Family in it he had a Chappel for God's Service and his Chappel was Free How strange a thing