Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	archbishop_n	bishop_n	john_n	13,096	5	6.2353	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

Privileges remain and were ever reserved though the Formality is obscured in a Great Cathedral Church This last Absurdity spoken of may be made to appear by these following Degrees N. I. First There never was a Time since the Foundation of the Cathedral within the Kings Castle of Old Sarum or since its Removal to the Close of New Sarum which Close must be distinguished in all our Discourses from the City which no body denies to be in the Bishops Jurisdiction and in the Sub-Deans two Years in three wherein the Bishop was or wherein the Dean of Sarum was not Immediatus Loci Ordinarius Let them name it and prove it who were bold enough to say there was such a Time as the Dean has named plainly and also proved the Space of Time of almost 300 Years between the Kings and Osmund's Charter on one side and the Infamous Composition on the other side by which the Bishop hath pretended some Jurisdiction over the Close five days in seven years though none at all before or after so great a space as seven years Which by the way is another Absurdity and Inconsistence No Instance can be given of any Will proved within the Close by any Bishop or any Letters of Administration granted or any matter of Instance tryed or any Fornication punished by any Bishop since the Foundation but only by the Dean of Sarum who is confessedly in the Statute of Bishop Roger himself though an high-flying Bishop Loci Ordinarius Immediatus See the Statute De Testamentis Decano insinuandis Now that is clearly an Immemorial Practice and Possession of the Dean which has been a Tempore per Tempus cujus contrarii memoria hominum non existit Which Allegation to the Archbishop for the Chapters Exemption from the Bishops Jurisdiction Bishop Ralph Erghum could not deny and thereupon was decreed against 2. Next the Decisions of Authority have been for the Dean and against the Bishop as often as Authority hath been appealed unto which has been seldom 1. In the Year 1301 when the then Bishop Simon de Gaunt endeavoured to invade the Decanal Jurisdiction over the Canons and other Members of the Cathedral Church of Sarum Petrus de Sabaudia then Dean of Sarum did by his Instrument in Writing on the Third of October Prohibit the Prebendaries or Canons and all other Members of the said Church and discharge them from submitting to the said Bishops Visitation N. II. No longer since than in the Year 1665 Iohn Elliot LL. Doctor Chancellor then to Dr. Alexander Hyde Lord Bishop of Sarum cited one Iohn Wickham Servant to Mr. Chafin living then in the Close of Sarum unto the Bishops Consistory for Incontinency c. Wickham not obeying the Summons was by the said Chancellor de facto Excommunicated Whereupon Mr. Richard Kent then Prebendary of Sarum and Surrogate to the Reverend Dr. Richard Baily Dean of Sarum perceiving the Invasion committed upon the Dean's peculiar Jurisdiction by Dr. Elliot the Bishops Chancellor in citing Wickham within the Close Absolves the said Wickham Whereupon the Bishop makes his complaint to the Archbishop Dr. Gilbert Sheldon The business came to an Hearing in St. Iohn's College Gallery in Oxford before the said Archbishop and Edward Earl of Clarendon Lord Chancellour of England the King then residing in Oxford And the Issue was this That the Bishop should not intermeddle with any Ecclesiastical Censures things or Persons out of his own Palace and Family but that the whole decision of Ecclesiastical Matters within the said Close did and do purely wholly and solely belong unto the Dean This is a True Copy of the whole Relation of the Matter from the Reverend Dr. Richard Baily received by me the Surrogate to the said Dr. Richard Baily Dean of Sarum It a testor Ricard Kent primo Jun. A.D. 1678. Sub-Dec Sarum N. III. Yea since the present Lord Bishops and the present Dean's Time there was a Crime committed within his Lordships own Pallace and by his Lordships chief Domestick which being a Crime of Ecclesiastical cognizance was by consequence to be punished by the King 's Ecclesiastical Laws The Bishop applied himself first by Letters to the Dean and Chapter conjunctim for the Punishing of the chief Party in that Commission proposing the Composition to them whereby his Lordship was in hopes a Correction de bene esse might be favourably inflicted The Dean and Chapter met on purpose in Dr. Drake's House to Read and to consider of the said Composition Which having done They unanimously agreed in this Judgment of which they sent his Lordship word That the whole Composition supposing it to be valid was wholly impertinent to the Matter in hand And that none but the Dean alone as the Sole Ordinary of the Close could Summon both Parties into his Consistory Court and put the Law in Execution The Dean however made a delay because the Principal Offender had committed the Fact in the Bishop's Palace which he was willing to esteem a place Exempted from the Decanal Jurisdiction And this he pleaded to the Lord Bishop whom he desired to correct his own Domestick in his own Family or in his own Court which the Dean said he would warrant his Lordship the doing of by Letters Dimissory or License under the Seal of his Decanal Office But his Lordship urged with great strength of Reason as well as Earnestness 1. That such a Liberty in the Close was more than either the Dean could give away lawfully or the Bishop receive 2. That the Party cited into his Court might appeal to the Arches from the Bishop tanquam a non Iudice and make the very Iudge of that Court a Criminal 3. That the Dean might Summon a Prebendary to appear in his Court by a certain day from any part of the Kingdom but 4. That the Bishop could not cite him into His however nearly an Inhabitant Whereupon the Dean of Sarum acknowledging the Bishop too hard for him in the Contest was forced to own his Unavoidable Authority in the Close as inseparably annexed to the Imperial Crown of these Realms which is the language of several Acts of Parliament and not without Trouble and Self denial did satisfie the Law upon both the offending Parties N. IV. Since which time also no longer since than on the 15th of September 1681. the present Dean was desired by Mr. Archdeacon Woodward then the Bishop of Sarum's Surrogate Now the Chancellor of this whole Diocess to permit and allow the People of Broad-Chalk in Wiltshire to ask the voluntary Benevolence of Persons living within the Close of Sarum To whom the Dean gave his leave or permission rather in these words following As far as the Laws of this Realm permit and being earnestly requested as well as moved with the Resentment of so many mens Losses within the Parish of Broad-Chalk I do allow the said Sufferers to try the Charity of the Inhabitants within my Peculiar of the Close of New Sarum

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

though not in any other Place under the Decanal Iurisdiction of Tho. Pierce Decan Sarum Now it is to be noted that the Parish of Broad-Chalk is under the Bishop's Jurisdiction and that the Lord Bishop was then at home in his Palace within the Close and that his Leave had been sufficient without the Deans had he had any Jurisdiction within the Close much more had his Jurisdiction been Archiepiscopal or Regal and so Superior to the Deans Lastly That the Bishops Surrogate knowing well that his Lordship had none at all within the Close though his Lordship and the Sub-Dean have all between them in the City did therefore make his Application to the Dean and the Dean only In like manner the Collection which was made within the Close for the rebuilding of St. Paul's London the Redemption of Captives and the like was made and returned by the Dean only and his Officers according to the King's Order and Direction N. V. If we step as far back as to the Year of our Lord 1584. we shall find the great difference between a Bishop of Sarum who was first Dean of Sarum and a Bishop who never was Dean of the same Church For Dr. Iohn Pierce whilst Dean of Sarum did in conjunction with his Chapter and by Command of Queen Elizabeth to whom he was Almoner many years upon the 17th of October 1573. begin the good work of abolishing Superstitious and Popish Statutes without the consent or the assistance of the then Bishop Edmund Ghuest Though he so swept the Church as to leave some Dust behind the Door But being afterwards Bishop of Sarum as after that Archbishop of York he got a Commission from the Archbishop of the Province to visit the Church upon occasion of the Case of Dr. Zouch and said he was fultus Iurisdictione Metropolitana knowing well and confessing that as Bishop of Sarum he had no right to Visit the Choral Vicars much less the Chapter much less the Dean for if he had he would not have needed any Commission from the Archbishop of the whole Province N. VI. The said Exemption of All the Canons of the greater and lesser Chapter who make a Superiour Corporation whereof their Dean is the Head may be yet farther proved by the Exemption of All the Vicars who are an Inferiour Corporation from the Bishop of Sarum's Power and Jurisdiction For it appears by the Vicars Charter which they enjoy from the Crown of England as the Dean and Chapter do Theirs that they are only subjected to the correction of Dean and Chapter not at all to the Bishops who can neither put in nor punish much less put out a Vicar or a Lay Clerk however criminal And accordingly the Vicars as well as the Lay Clerks take an Oath at their Admission of paying Obedience unto the Dean and to the Dean only whilst he is present and in the Dean's Absence to the Deans Locum-tenens authorized under the Seal of the Decanal Office But none at all to the Bishop whether Present or Absent which was eminently acknowledged by this present Bishop in his own Palace when in the presence of the Dean and Chapter and all the Vicars his Lordship protested three several times to Mr. Hardwick the Vicars Procurator and Prolocutor and to his Brethren then present That if it were in his Power he would expel them every one for their then Recalcitration and Opposition both to the Bishop and to the Chapter when good Lawyers told the Vicars they had the Law on their Side The Vicars were not a little pleased at his Lordship 's Brutum Fulmen and confession of his No-Power over the Vicars within the Close three times repeated Nor could any but the Dean bring those Vicars to a Submission and full compliance which he soon after did with the best effect N. VII Even since my coming to keep my Residence at Sarum the 20th of this instant Iune I find two Notorious and Publick Confessions in effect of the Lord Bishop of Sarum his having no Power to Visit within the Close whether the Dean will or no or without the Dean's Leave Concurrence and Consent under the Seal of his Decanal Office as well as under his own Hand which being sought but refused very honestly and prudently by the Dean's Surrogate in his absence and without his knowledge the Dean's Locum-tenens for the Chapter as the Sub Dean Mr. Kent is the Dean's Surrogate for his Court and his peculiar Jurisdiction wherewith the Chapter hath nothing to do nor any mortal Besides the King and the Arch-Bishop of the Great Province did as absurdly as unfaithfully clap the Common Seal of the Dean and Chapter of the Dean chiefly as the Head and of the Chapter as his Members by usurping my Name in it and by counterfeiting my Will against my Will my Interest my Jurisdiction without asking my Consent or Permission without so much as saying By your Leave Sir yea studiously and in haste without my knowledge even when He and the Rest knew I was but few Miles from them and even then coming tho' not yet come to my House at Sarum Being come I soon found Two Citations in the Choir made by a Fiction of my Name and of my Name only beginning Thus Thomas Pierce Sancta Theol. Professor Ecclesiae Cathedralis Sarum Decanus ejusdem Ecclesiae Capitulum Universis Singulis c. Finding This to be done 1. Without my knowledge and 2. With my very great Abhorrence 3. Against my Judgment 4. Against my Right of Jurisdiction 5. Against the King of whom I hold my Jurisdiction under the Great Seal of England and unto whose Imperial Crown my Iurisdiction is annexed by 32 Acts of Parliament 6. Against my self in mine own name and Poetically brought in upon the stage Citing my self and the Bishop as the Prebendary of Blewbery but not as Prebendary of Pottern which the Bishop is also Comically personated whether I will or no like a Puppet moving by Wires 7. Against Express Statute to the contrary 8. Against the Oaths of the Members of the Chapter who had an Hand in the usurpation which I am sure but few had 9. Against the Trust reposed in my Deputy and 10. Against the very License or Constitution whereby I had enabled him in my Absence to call Chapters for the taking care of God's worship the keeping of Statutes and Laudable Customs of the Church as far as they agree with the Word of God and with the Law of the Land and for the Correction of the Canons and Members but so limited as I have said not for the using the Common Seal at all much less at his Pleasure without my knowledge and consent and against my self I say finding This and a world of Absurdities too many and too great to be recounted in this Pinch of Time I inferred their Conviction of my sole Right as Dean to cite the 52 Prebendaries and all other members who had sworn obedience to me from

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

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