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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

made so bold with my Master's Enemies and mine own as to be dutifully Loyal without their Leave I was loth to ask of them by whom I was sure to be denied And did Presume I might as pardonably assert the King's and the Churches Rights now that the King is on His Throne and the Church less Militant as I did safely and with Success before the Great Year of their Restauration Sect. 1. First I was of an Opinion before I had it from a most excellent and most Noble Lord Commissioner That 't is the Duty of every Subject and especially of the King's Chaplains to discover all they know of His Majesties Prerogative tho' not Commanded by Authority as I had been Which saying of a Judicious and a most Honourable Lord in the Council Chamber and elsewhere is agreeable to another of two Lord Chancellors in their times whereof the first was the Lord Bacon from whom 't was borrowed by the Second who used it in his Speech to Sir Edward Thurland when made a Baron of the Exchequer To wit That the Subjects of England in General as well as the Iudges in particular and particularly the Judges of Ecclesiastical Courts such as is the Dean of Sarum are bound to maintain the Prerogative and not distinguish it from the Law The King's Prerogative being Law and in the words of Chief Justice Coke The Principal part of the Common Law as That from which all other Laws are derived and on which they do depend With these I compared that famous Saying of a full Parliament which I found cited by my Lord Coke too That no King or Kingdom can be safe but where the King has Three Abilities 1. To live of his own and defend his Kingdom 2. To assist his Confederates and 3 To reward his deserving Subjects From whence I thought it would follow that to take from the great Number of Ecclesiastical Promotions in the Kings Gift is to act against the safety of King and Kingdom 'T is reckoned one of those things which even a King cannot do Lawfully and which a Parliament cannot consent to Besides I thought it most unworthy that he who had not been afraid in the worst of Times and without a Warrant and under none but God's Protection to defend the King 's Rights and the whole Church of England by many Arguments in Print when some New Royalists durst not join in a Petition for the Kings wished Return for fear as they then said of setting their Hands to their own Ruine as having reason to suspect the Restauration would be General that All Usurpers must be Ejected and all Ejected for their Loyalty would have their own which passed with some for an heavy Iudgement should now descend unto the Meanness of hiding himself behind Another and behind such another as he knew to be Unqualified for such service as I was irrationally suspected and most maliciously reported to have engaged Another in No the Pretenders to that Suspicion and the Inventers of that Report did only design by such Baseness to lessen the merit of my Obedience to the Lords Commissioners Injunction and of my Dutiful Regard to the King himself towards whose Service it was my fault as 't is my Apology and Excuse with a sort of men that I did not go till I was sent nor mend my Pace till I was driven Sect. 2. Next I had learned by my perusal of Keble's Statutes at large and of Chief Justice Coke's Institutes to name no more in this Place That the Gift of all Bishopricks and Nomination of Bishops did ever belong to our Monarchs both before and since the Conquest as in Right of the Crown My Lord Coke gives the Reason from this trite Maxime in the Law That all our Archbishopricks and Bishopricks were and are of the King's Foundation That at first they were therefore all meerly Donative meerly by the Delivery of a Staff and a Ring Never Elective till King Iohn who Reigned not without the Murdering of Arthur of Britain the Rightful Heir That it was again taken away by Hen. 8. and Ed. 6. in whose Reigns all the Bishops were required to take out New Commissions for their Bishopricks and so to hold them onely as Delegates in the King's Name and not for Life Absolute but During Pleasure And Archbishop Cranmer gave an Example to the Rest. That Elections by Deans and Chapters are declared by Law to be No Elections but by a writ of Conge d' Eslire have only Colours and Shadows or Pretenses of Elections serving to no Purpose and seeming derogatory and Prejudicial to the King's Prerogative Royal c. That Bishop Bonner declared under his hand He held his Bishoprick of London of the King's Bounty alone during the King's Pleasure only and that he would again deliver it up when it should please the King to call for it That all the Temporalities of Archbishopricks and Bishopricks in all Uacancies which our Kings made when it pleased them ever came to the King as Founder He being Patronus and Protector Ecclesiae in so high a Prerogative incident to his Crown that he cannot part with it no Subject can have claim to it either by Grant or by Prescription That the Lands of the Church were all at first given by gracious Princes as may appear from the first Book of Iustinian's Code where Laws are recorded for the conferring and also for the Conserving of them Which is also the Affirmation of the most excellent Paulus Sarpius That if the King and a Common Person have joyned in a Foundation the King is the Founder because it is an Entire Thing For the Truth of which Maxime that renowed Judge cited 44 Ed. 3. c. 24. from when I inferred within myself that King Hen. 8. rather than Wolsey was Founder of Christ Church in Oxford tho' its well enough known that Wolsey was a Co-Founder Or Founder Subordinate to the Supreme So William the Conqueror rather than Osmund was the Supreme and Sovereign Founder of the Cathedral Church of Old Sarum tho' by the King's Bounty as well as Leave St. Osmund built and greatly indow'd it with such Revenues as he held of his Lord and Master during Pleasure and by Knights Service For the Conqueror's Soldiers whereof Osmund of Say was one held all the Lands which he gave them under military Service not as properly Freeholders but as Lords in Trust only and according to the King's Pleasure thereby hoping to engage them to a close Dependance upon the Crown as the learned Selden relates of Matthew Paris and his learned Annotator does give the Reason I do not say our Monarchs have had the same Power ever since but the same Right by Law which ever any King had Nor do I say they have a Right to any Saecular Possessions whereof the Subject hath a Feesimple But a Right to confer on Ecclesiastical Persons such Ecclesiastical Dignities and Revenues as

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

Eadmerus l. p. 6. Seld Spic p. 165. s Spond Annal ad A D. 1237. t Cambden in Wilt. t Cambden in Wilt. u View of the Civil Law part 2. c. 1. Sect. 6. p. 104. w 24 H. 8. c. 12. and 1 Eliz. c. 1. 2. 3. x Lib. Stat. ut fol. 38. y Conc. Imp. Sacr. l. 8. c. 22. art 7. z Coke 1. Inst. l. 1. §. 1. and part 2. in Stat. de Westm. c. 1. p. 501. praesertim part 4. c. 7. 287. a Part 4. c. 76. p. 356. b 23 Eliz. c. 1. 3. Iac. c. 4. c Code Hen. 4. l. 7. Tit. 1. Art 47. c 1 Instit. l. 1. c. 5. Sect. 35. fol. 30. d 29 Ed. 3. Stat. 6. e Of many more Instances These at present may suffice In the Letters of Ch. I. May 18. in the 9th year of his Reign And Feb. 8. the same year of Ch. II. Iul. 24. 1674. and Ian. 11. 1665. and Sept. 10. 1666. and Mar. 8. 1676. and Iun. 8. 1680. Besides many more Registred and many which are not but ought to be and to have been f Coke 1. Inst. l. 1. Sect. 31. fol. 27. g Stat. 14 Ed. 3. cap. 4. h Daniel in the Life of Rufus p. 44. i Lord Coke out of the Parliament Rolls 18 H. 3. k V. Cottoni Posthuma p. 280. 281. l Hist. of the Rights of Princes in disposing of Church Lands and Eccl. Promotions p. 322. m Guiccard in Hist l. 4. n Regist. ex Annal Pontif. fol 3. o This in Scriptis was the Assertion of the present Bishop of Sarum Dr. Ward 's in Answer to the Dean's Narrative p Hist. Reform Part 2. lib. 1. p. 6. 7 8 9. q Part. 3. C. 4. Sect. 4. p. 190. r Bishop God win in his account of Rich. Poor p. 276. Spondanus supra s The Established Church c. 12. p. 144. c. t 25 Edw. 3. Stat. 6. u Coke Inst. Part. 2. upon Magna Charta c. 1. p 3. where Fleta Bracton Glanvil and others are cited by him w See Bishop Sanderson's said Book especially pag. 30. 31. to pag. 34. 35. c. x In ibid. p. 45 where Bishop Sanderson cites the Statute of 1 Ed. 5. and makes an wholesom use of it p. 45 which compare with 1 Eliz. c. 1. y Baronius A. D. 1059. n. 23. z Littleton §. 64● Coke upon him p. 344. a Pa●lo Scarpi ubi Supra n. 77. pag. 23. b Stat. 1. Elizab. 1. c Coke 1. Inst. l. 3. fol. 344. d Westm. 1. 49. 3. Ed. 1. Wing p. 378. e Coke ubi supra Inst. p. 3. f 1 Inst. l. 1. Sect. 1. Stat. de Westm. c. 1. p. 501. h Coke 1. Inst. l. 2. c. 11. Sect. 136. f. 96. a. and f. 344. i 2 Inst. c. 19. p. 298. i 2 Inst. c. 19. p. 298. k 1. Eliz. c. 1. § 1. g Eus● in vita Constantini l. 4. c. 24. l Paulus Scarpius ubi supra n. 85. 86. 87. Tancredus and Lindwood Provin l. 3. Tit. 2. pag. 125. 126. m W. Malm. Hist. nov l. 2. Sub initium Flor. Wig. ad An. 1086. Hoveden ad eundem An. Daniel in the Life of Rufus p. 48. Eadmer p. 55. 117. n Cambden in Wilt. calls them all the States of England and saith that of every penny of the 3d. penny of Sarum the King had 20. s. o To whom add Daniel p. 48. a good Historian tho' not an old one p A. D. 1133. Dan in his Life p. 57. q Eadmer p. 187. Flor. Wigorn. Rog. Hoved. ad an 1116. r W. Malm. de Pontif. l. 2. f. 142. b. s Daniel in King Stephen p. 61. t Camden in Wilt. u Bishop Godwin in Roger the 3d. Bishop of Sarum w Ego Osmundus notifico Ecclesiam Sarisb me construxisse in ea Canonicos constituisse c Mag. Char. Osmundi in Statut. de Collatione Prebendarum f. 36. b. 37. a. x What is said by Malmsb. f. 161. fol. 91. edit London is not said of Bishop Herman but Bishop Roger who being after Os mund makes it nothing to the purpose Besides that 't was written when Roger was in Greatness and flattered for it De gestis Reg. l. 5. y See H. Knighton apud Bee fol. 2351. and Bish. Godwin p. 272. Osmund's Chartar ubi supra z Will. 1. was so eminent for Devotion that 't was confessed by his Haters So saith Daniel in the Life of Will. 1. p. 43. Rad. de Diceto A. D. 1072. p. 485. a Registr Jo. Davysone Dec. A. D. 1375. fol. 13. b Regist. Davysoni fol. 3. c Flor. Wig. A. D. 1092. with whom agrees Hoveden Simeon Dunelmensis and Petrus Blesensis cited by Camden in Wilt. d Regist. Jo. Davysoni s. 3. a. c. inter gesta Richardi Episcopi Sarum e Evidentiarum Tom. 20. f. 120. f Camden in Wilt. names but one or two Bishops whoever had it But a Long Train of Earles who had part of the Old Castle for a dwelling House a long time after the removal of the Cathedral Townsmen y De Pontif. ubi Supra Malm. Novel l. 5. z Castrum Comitis non Episcopi Matth. Paris fol. 439. Camden in Wilts Bishop God win p. 280. a Minist●● D. Regis b Inf●a Castrum Domini Regis c Volentes Privilegium Illud in perpetuá firmitate manere Burton de Libertate Capellarum Domini Regis 1245 d Judge Ienkins p. 24. say 'T is Treason to pay Obedience to the Pope or to any other than to the King For which he cites 23 Eliz. cap. 1. and 3 Jac. cap. 4. §. 22 23. b 25 Ed. 3. c. 22. 7 Rich. 2. c. 12. e Dignitas est Decani omnium Can●nicorum c. e Dignitas est Decani omnium Can●nicorum c. f 1 Ed. 6. cap. 2. §. 3. 1 Eliz. cap. 1. §. 17 18 8 Eliz. cap. 1. g Cok● 1. Inst. l. 2. cap. 11. 134. h 27 Ed. 3. Cit. Praem cap. 1. With which Statute compare 25 Ed. 3. cap. 22. and 7 Rich. 2. cap. 12. where that King delares● against his granting any such Licence as is pretended i 16 R. 2. cap. 5. Hist. Concil Trident. l. 5. pag. 101. An. 1551. k Of the 32 Acts are those of 50 Ed. 3. cap. 1. 2. A. D. 1376. 1 Rich. 2. cap. 1. 34 Ed. 1. St. 4. cap. 4. 4 H. 4. cap. 3. l Paolo Sarpi N. 74. p. 22. m Lib. Statut. n That is The Conqueror himself from whom Captain Osmund had all he had in the World and did hold by Knights Service or any whom ●he said Osmund might have entrusted or employed o Sir T. Ridley's View of the Civil Law part 3. cap. §. 2. pag. 172 173. p De Septe●nio in Septennium dunta●at q Fol. 67. 2. r Fol. 65. s 65. t Fol 63. u Fol 63. w See 25 Hen. 8. 20. 26 Hen. 8. 1. 1 Eliz. 1. §. 17. n. I. §. 18. n. 1.