Selected quad for the lemma: state_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
state_n	king_n	kingdom_n	sovereign_a	1,270	5	9.1238	5	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

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