Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	france_n	king_n	mary_n	3,628	5	8.8826	4	false

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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

of Guilt than that of opposing the King's Prerogative as Q. Mary and Elizabeth did and of our Kings not a few So 't is on all hands confessed That their Royal Visitations either of All the Churches of England as Hen. 8. Ed. 6. and Q. Eliz. by their Commissioners may Abolish Old Statutes and Order New ones to be made and this for One if they please That No Prebend shall be conferred without the King 's express Mandate or Permission and Consent in a Conge d'Eslire This would be at once Despotical and yet according to Law however some in the World are willing to make them Inconsistent And every Statute would begin with a Statuimus Ordinamus or Volumus Mandamus Which being supposed I would ask What hurt would there be in it Or What Ill Consequence could therebe of it Is the King fit to be intrusted with All the greatest Promotions All the Bishopricks and Deaneries And is he not fit to bestow the Least It is convenient and of good Use and according to Law that he should make a Bishop of Sarum as well as the Dean and All the Residentiaries as at this Day and in Antecessum for Days and Years yet to come And is it Illegal or of Ill Consequence that he should sometimes tho' seldom bestow some Few of his own Prebends even on Men of great Learning and Holy Life and in full holy Orders and that for Term of Life only when his Progenitors gave so many even to mere Lay-men and their Heirs for ever The World takes Notice and 't is to be Written with a Sun-beam that generally speaking and taking one with another no Preferments are so well given as by the King and by the Lord-Keeper of the Great Seal and by the advice of the Lords Commissioners whom His Majesty hath appointed for Ecclesiastical Promotions 'T is certain the Bishops and the Deans and others whose Preferments are in the King 's sole Disposal not only in his Supream for which certain Bishops have a Subordinate Right derived are all exactly of this Opinion This I say is as certain as it is certain they have a competent good Opinion of themselves and their own Deservings They would not else have accepted much less would many of them have sought what many others had deserved as well as they And if 't is true that Neither the Bishop nor the Church of Sarum did suffer any prejudice at all by King Iames his giving a Prebend unto a mere Lay-man and to his Successors for ever at which saying of a Great Churchman many good Secular Men have wondered How much less can his Lordship think it any Prejudice at all to the Bishop of Sarum or to the Church or to the whole Order of Church-men if another Monarch of England shall confer another Prebend I do not say upon a Lay-man and his Successors for ever but upon One in Holy Orders and without a Nepotismo of Holy Life and of excellent Learning and for term of Life only or so long as he is seen and Notoriously known to continue to deserve the Enjoyment of it 'T is very well known what was the Judgment of Hen. 8. upon his Death-bed and of all his Executors after his Death whereof three were Eminent Church-men to wit Arch-Bishop Cranmer Tonstal Bishop of Durham and Dr. Wotton the famous Embassador who was at once Dean of Canterbury and York and humbly refused the Arch-Bishoprick of the great Province and also of All the Privy Counsellors of Ed. 6. when they decreed to the Earl of Hartford Six of the best Prebends at once and Three Hundred pounds per annum out of the Lands of the next Bishoprick which should fall to the King's Disposal After which 't was granted also at the said Earl's Suit that his Lordship should have a Deanery and a Treasurership in lieu of Two of the said six Prebends But very far was the Dean of Sarum from defending the Alienations of Ecclesiastical Endowments to Saecular Men as the Lord Bishop of Sarum does He was not so little verst in Logick as to argue a Facto ad Ius For when he related matters of Fact and what our Monarchs had done in the Church of Sarum he added Quo jure I humbly leave to the Judgment of my Superiors He only demonstrated that our Monarchs had acted as Founders and Proprietors which indisputably our Monarchs All are and have a strict Right as well as Power to bestow all our Prebends as well as Bishopricks upon God's proper Usu-Fructuaries deserving Church-men for term of Life But whosoever shall consider what Powers were given to the Lord Cromwel by Commission as Vicar General to Hen. 8. and also shall consider those famous Parliaments composed of the clearest and deepest Heads of those Times both Spiritual and Temporal who made the known Statutes of 27 Hen. 8. cap. 4. and 13. and 27. 28. and 1 Ed. 6. cap. 14. will at least excuse and pardon any Man living who now believes and with a much Greater force of Reason that our King hath a Supream and Sovereign Right from which and under which some of our Bishops as well as Deans have one Subordinate and Derived to dispose of Vacant Prebends now and then when they please in their own Cathedrals And as well may he dispose of All our Residentiaries Places as his now-Sacred-Majesty and his Royal Progenitors have done yes and return them if he thinks fit from six to seven from seven to twelve and from twelve to fifty-two and bind them to Residences in their Courses thirteen every Quarter according to our several Statutes both Old and Modern Sect. 5. Besides all this I find it said to the Lords Commissioners First by my Brethren of the Chapter That His Majesties Power within the Church of Sarum appears to us to be the same and no other than it is in All other Cathedral Churches in England Next by the King's Attorney General I cannot find that His Majesty hath any other Right in That Church than in any other Cathedral Churches These Assertions but especially the First because of its important Monosyllable All do seem at least to me to imply a Grant That His Majesty hath the same both Power and Right in the Cathedral Church of Sarum which he hath and ever had in the Churches of Worcester Norwich Rochester Bristol Gloucester Oxford Peterborough Westminster Windsor c. In All which Churches as well Cathedral as Collegiate Every one of the Prebends is in the King 's Sole not only Sovereign Disposal by Himself or Lord-Keeper and not one in any Bishop or Bishops whatsoever Yea even in the Arch-Bishop's Metropolitical Church of Cnanterbury the King has the Sole Disposal of Nine of the Twelve Prebends and the Arch-Bishop of but Three Tho' the Primate of all England and Metropolitan should have as much Power and Right a man would think within the Cathedral of his own Diocess as any one Inferiour Bishop both within his

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