Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	abbey_n	abbot_n	council_n	31	3	5.0863	4	false

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

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

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