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A54862 A vindication of the King's sovereign rights together with A justification of his royal exercises thereof, in all causes, and over all persons ecclesiastical (as well as by consequence) over all ecclesiastical bodies corporate, and cathedrals, more particularly applyed to the King's free chappel and church of Sarum, upon occasion of the Dean of Sarum's narrative and collections, made by the order and command of the most noble and most honourable, the lords commissioners, appointed by the King's Majesty for ecclesiastical promotions : by way of reply unto the answer of the Lord Bishop of Sarum, presented to the aforesaid most honourable Lords. Pierce, Thomas, 1622-1691.; Burnet, Gilbert, 1643-1715. 1683 (1683) Wing P2208; ESTC R31798 74,935 137

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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