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england_n	france_n	king_n	kingdom_n	14,965	5	6.1241	4	true

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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

know not when or by which of our English Monarchs The Prebend of Shipton which was no more in our Monarchs to dispose of than All the rest was given away by King Iames I. as to the Patronage and Advowson unto the Chancellor and Scholars of the University of Oxford for the use of a Lay-man the King's Professor of Law there and to his Successors for ever with an Etiamsi Laicus sit sacros ordines non susceperit and this the King gave under the Great Seal of England wherein the Habendum and the Tenendum is not of the Bishop of Sarum of whom there is not the least Notice taken but of Him the said King and his Successors for ever Which Gift and way of giving it was afterwards confirmed by an Act of Parliament which I wonder to find alledged by the Right Reverend the Bishop in Derogation to the King 's Right of giving Prebends as if a King's Act were the less Regal or Legal for being done by the King twice First without a Parliament and a Second time in it Or as if the King of England had not Acted as the Proprietor because the Three Estates of Parliament did so esteem Him Nor hath any Reason been given that I have ever read or heard of why King Iames might not as easily have given away any other Prebend which had been founded in that Church that of Netherbury in Terra for Example which he really had given to his Divinity-Professor and to his Successors but that His Majesty found it too little and rather chose to give them a Greater Thing Nor is the King's Act in Parliament which we may no more distinguish from the King than we may distinguish the King's Prerogative from the Law more or less the King's Act than his Act in Council although perhaps of more force For the Three States which make the Body of a Parliament whereof the King is the Head tho a most Honourable Body and a whole Kingdom in Epitomy can but prepare Matter for Law and humbly propose it to the Sovereign to be ratified or rejected as his Majesty thinks sit But the Ratio Formalis of Legislation is fully and solely in the King whose Fiat or Le veult is the very Soul and Life of every Law made or to be made And really if the King of England is not the Founder the Sovereign Patron and Proprietary in Chief as well of the Prebends as of the Bishopricks the Bishop of Sarum can have no Right to his Prebend of Potern tho Installed and Admitted by the Dean and Chapter as other Prebendaries are much less can he have Right unto his other Prebend of Blewbery into which he was never so Installed or Admitted and which is reckoned in the Choir among the Alienated Prebends because transferred from the whole Chapter to the Bishop of Sarum who is indeed one of the Chapter as he is Prebendary of Potern but not at all as Prebendary of Blewbery And so his Lordship cannot have a Right to it tho he has Possession of it unless he hath it from the King which is Right enough and yet it is not enough in case the King is not de jure the Sovereign Patron and Proprietary in Chief 'T was never once held by any Bishop of Sarum but was a distinct and good Provision for one of the Simplices Canonici until the Reign of Hen. 8. by whom 't is pretended to have been pressed upon Bishop Salcot alias Capon and that in Exchange for the Mannor of Godalming in Surrey which could not possibly be de jure if indeed 't was so de facto in case the King had no Right to dispose of that Prebend as he thought fit I say if it was indeed so de facto because the Mannor of Godalming in Surrey with the Rectory and the three Copices and the perpetual Advowson of the Vicaridge was the Gift of King Hen. III. and is the Dean of Sarum's Corps and held of him by Lease to this very day Nor could such an Exchange be made if it ever were without the King's Fiat as Proprietary in chief And I hope 't will not be said that the King has only Right to Alienate what he will to the Bishop from any other but no right to give what Prebend he will to any other It is against Law and Reason that one Man in the same Church should have two Prebends at once And therefore when Hen. II. of England gave two to one Person Pope Alexander the Third complained of it Not at all questioning his Royal Right to give Prebends but the Evil Use of it Hence it follows that the Right of any Bishop of Sarum to bestow Prebends which I shall ever assert as the only sure Foot it can stand upon must needs be Subordinate to the King 's from whose Supream Right it was derived For the King if he would cannot legally confer a Sovereign Right upon any Subject much less upon a Bishop Dean and Chapter who cannot hold what they have for Term Life Absolute being many ways subject to Deprivations Amongst many other Examples which might be easily given of that Judge Coke tells us of one Bishop of Exeter who fell into a Praemunire for not admitting one immediately who was presented by the King to the Church of Southwell And this was done in the prevailing Times of Popery 24 Ed. 3. much more easily may it be done by a Protestant King and hath been often who hath of Right an Ecclesiastical Supremacy and doth assert it without a Sacriledge or an Encroachment upon the Church and that by the Confession of all Loyal Church-Men I am sure I can name Many who once allowed much more to Cromwell And yet by two Statutes in force 't is downright Treason for any Subject of England either to Promise or Pay Obedience to any other than to the King his Heirs and Successors 'T would be as endless as it is easy to Muster up Instances of the Regale over Churches and Church-men and their Revenues even when they were as Great as the Pope could make them and at as high a pitch of Pride as that Usurper of Supremacy could raise them to The most Assuming Bishop of Rome that ever was was Pope Hildebrand against whose Tyrannies and Encroachments William the Conqueror was a Protestant yet he apparently so dreaded the growing Power of the then Bishops within this Kingdom that he Confirmed his own Power as well as shewed it by lessening Theirs Our Kings in a word are de jure Kings of France And the French King's Prerogative or Propriety cannot be greater in the Gallican Church than our Kings is in the Church of England Nor indeed near so great 'T is a little thing to say in the Church of Sarum only And yet the whole Clergy of the Gallican Church have lately declared their Opinion by the Mouth of the Arch-Bishop of Rheims notwithstanding their Popes Pretensions That the King hath a

Fees a great Fine for Entrance Finis pro Introitu to be paid in ready Money or well secured by Obligation And though at first no more was paid than Forty shillings to the Fabrick A. D. 1319. yet by the Statute of Dean Sydenham and his then Chapter 1428. Authorized at Florence by the said Titular Pope 1442. each Resident with Dignity is to pay for his Entrance 105 l. and each without Dignity is to pay for the same 71 l. 13s 4d besides a greater Sum required by a much younger Statute of which hereafter This Statute is bad enough but the Custom is worse For besides that the Fines for Entrance are diverted from the Fabrick and divided among the Residents of the Chapter the Custom hath violated the Statute in exacting no more from men with Dignity than without it so that the latter pay too much though less than the Statute does require and the former too little because much less than is due by Statute which yet they pretend and that with Contention to be in force Only the Dean of all four Dignities must be excepted who pay by Custom to the heighth of what the Statute does enjoyn and by Custom much more Nor is this all For Tyrant Custom which keeps up that Statute does beat it down at the same time in five remarkable degrees for which no Creature was ever yet able to give a Reason Yet these are Customs and Statutes which they who take to be Obliging do Swear to keep But as if this were not enough for a Learned poor man to be beggared by in his Advancement as how many the most deserving have the least Portion of Mony and none to spare and often dye without Re-imbursement there was another Statute made by a Bishop Dean and Chapter as well without the King 's as the Pope's concurrence and without the concurrence of Common Sense For by force of that Statute another effect of the Composition every Resident who is living must fast a Year from all Commons and every Resident when he is dead must eat a Years Commons in his Grave At least in Aristotle's sense 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for what he does by his Executor he interpretatively does and accordingly 't is said with as much Pithiness as Impropriety to be the Dead Resident his Annus post Mortem that is his Unius anni proficua undecunque Provenientia 'T was not the Christian Self-denial of those Usurping Legislators who first invented this Law in their own behalf A Law resented very deeply by some Publick-spirited Bishops of other Churches who have expressed their Resentments to the now Dean of Sarum with a great deal of holy Indignation and heartily wished for a Remedy of this and other Impositions N. IX But hardly can a Remedy be brought about but by the long and mighty Arm of Sacred Majesty which in a Royal Visitation can abolish Old Statutes and make us New Ones Statutes suitable to our Religion by Law established Statutes not repugnant to the King's Honour and Prerogative Statutes agreeable with themselves and to be sworn to the safety of all mens Consciences and Souls Lastly Statutes not expiring with the Breath of them that make them like those Royal Statutes which were made heretofore for the Church of Sarum For those of Edw. 6. and Q. Elizab. were never yet so much as entred into the Statute Book insomuch that the former and present Dean could never get a sight of them And those of King Hen. 8. by one of his Masters of Requests Sir Iohn Tregonwell Commissioned under the Great Seal of England were only enter'd like an Old Almanack and stand as a Monument of Contempt which for many years past have been put upon them no more regarded than the Great Charter both of the Sovereign and Subordinate Founders Notwithstanding our Monarchs are declared by Acts of Parliament to have all such Iurisdictions Privileges Superiorities and Preeminences Spiritual and Ecclesiastical as by any Spiritual or Ecclesiastical Power or Authority hath heretofore been c. And have full Power by Law to Commission whom they please and for so long time as they please to Visit Reform Redress Order Correct and Amend whatsoever is amiss in any Ecclesiastical State or Persons and over All to exercise all manner of Iurisdictions Privileges and Preeminences which by any manner of Spiritual or Ecclesiastical Power Authority or Iurisdiction can or may lawfully be Reformed Redressed Corrected Restrained or Amended Which Right and Power being united and annexed to the Imperial Crown of this Realm and that for ever may be extended unto the Visiting even the Visitors themselves and that with an endless Visitation and by any mean Subject commission'd under the Great Seal of England especially such as take upon them to Visit the Ordinaries themselves and that within the Iurisdictions which are exempt and peculiar to them which none can Visit by Law in a Protestant Kingdom who is not a King or a Metropolitan N. X. Now because the Dean of Sarum's Ecclesiastical Court and Jurisdiction over the Close of New Sarum and the Liberties thereof and elsewhere in four Counties is for ever united and annexed to the Imperial Crown of this Realm even as firmly and as fully as the Courts and Jurisdictions of any Bishops those of Sarum Exeter and Bristol in particular it concerns the Bishop of Sarum as much as all he hath in the World is worth not to usurp the King's Authority nor to invade the Metropolitan's Right by invading the Dean's nor to attempt a New Dominion from Pope Boniface the Ninth without a new Act of Parliament which none were ever yet able in almost 600 years to prevail with any King or any Parliament to endure N. XI upon the whole matter All the Premisses being consider'd there can be nothing more desirable if 't is not absolutely necessary than that His MAJESTY now in being will be graciously pleased with the Assistance and Advice of the Archbishop of the Province if His Majesty thinks fit to make and Authenticate such a Body of Statutes for His Majesties Free Chappel and Cathedral Church of Sarum as King CHARLES the First of Glorious Memory did make and constitute for the Cathedral Church of Canterbury with the Assistance and Advice of Archbishop Laud. The Church of Sarum having as much if not a much greater need For The Statutes there at present are partly Popish partly Injurious to the King's Prerogative and Supremacy partly inconsistent with the Laws of the Land and common Honesty partly Repugnant to one another and so a snare to their Souls who are Sworn to keep them partly impertinent and impracticable as the state of the Church now stands partly impossible to be observed without a very great detriment to the Service of God and the credit of the Choir or else without a most grievous and most scandalous Violation of the Kings Ecclesiastical Laws to wit the Canons of the Church Besides that

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

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