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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	head_n	king_n	supreme_a	4,443	5	9.1068	4	true

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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

are in Law of the King's Foundation Which all are affirmed to be by Keble referring to the Statute of 25 Ed. 3. p. 121. Where the Holy Church of England is said to have been Founded by Ed. 1. and his Progenitors c. as the Lords and Advowers of it And then by vertue of that other Maxime in my Lord Coke who was never more an Oracle than when he spake for the King's Prerogative to which he had never a Partiality That Successors are included under the Name of King 'T is plain that what Right soever was in William the First and his next immediate Successors especially Hen. 1. and Hen. 3. from whom the Church of Sarum had vast Additions of Endowment Our King hath now Hence it is that All our Kings have been not only owned as the Founders but as Patrons of our Cathedral For which I cited the Address of the Dean and Chapter to Hen. 7. in whom the two contending Houses were united wherein they called him their Founder seven times at least Their Numerical Expressions in their Prayer to God for him to whom they could not intend to lye was Fundator Ecclesiae Sarum And Hen. 8. was so stiled by the famously Learned and Prudent Longland after Bishop of Lincoln and Lord Chancellor of the University of Oxford for which I might cite the Exact Register of Harward the Authenticalness of which was never questioned So 't is Notorious that all Members of Christ-Church in Oxford in their Prayers before their Sermons do Commemorate Hen. 8. not naming Wolsey as their Founder From whence it is that the Dean of Christ-Church is the Sole Governour of that Cathedral and the Bishop of Oxford not As the Dean of Westminster had the Sole Jurisdiction within the Precincts of that Cathedral when there was Created a Bishop of it And the Dean there hath more than Episcopal Jurisdiction Archiepiscopal saith Dr. Heylin within all the Liberties as the Abbots had heretofore Ever since Sebert King of Essex Kings and Queens have been Successively and in the Eye of the Law the Founders of the Church and of all within it As it is now a Collegiate Church Queen Elizabeth was the Foundress and our King at this day whom God preserve is in Law the Founder of it As for all the same Reasons He is the Founder of our Colledge and Church of Sarum as well by several Acts of Parliament as in our own Books Our Norman Kings did say of it as Will. 1. of Battle Abby Libera sit sicut mea Basilica Capella and as that was exempted from the Power and Visitation of the Bishops of Chichester so was ours from the Bishops of Sarum as shall be shewn in its proper Place I end this Section with that Old Distich in Spondanus of our Salisbury Cathedral and with a Verse made in those very times Rex largitur opes fert Praesul opem Lapicidae Dant operam tribus his est opus ut stet opus Regis enim Virtus Templo spectabitur isto Sect. 3. Thirdly Altho' I do not say with that incomparable Civilian Sir Thomas Ridley That the King himself is instead of the whole Law yea he is the Law it self and the only Interpreter thereof in as much as all those who govern under him govern by him and for him Yet I will and do say with our Acts of Parliament That the Kingdom of England is an Empire and the King Supreme Head of it and his Crown an Imperial Crown He is not a Precarious but an Absolute Monarch saith the Learned Camden in his Britannia Supremam Potestatem merum Imperium habet apud nos Rex And his Sovereign Dominion over all Ecclesiastical Persons and in all Causes without exception is confessed to be de Iure by All our Clergy Men in their Pulpits as well as by All in England who pay him Firsts-fruits and Tenths Not excepting those very Persons who cannot yet Pardon my most necessary Distinction on which doth lye the whole stress of Ours and all Other Cathedrals between an Original and Derivative Right a Right Supreme and one Suburdinate thereunto Our Proprietaries in the Chief of the Church of Saerum and so it is with the strictest Propriety of speaking that in all their Royal Mandates they use that Stile Our Church of Sarum For as Proprietaries in Chief bonae fidei Possessores and Founders of the Bishoprick as well as of All belonging to it I find and can prove against the naked and cheap Denials of such as can easily deny what they cannot Disprove by any Artifices or Strengths that our Monarchs have Acted as Despotically in and over the Church of Sarum as in any their Mansion Houses Who but our Monarchs did take away the Fourteen Prebends I reckon'd up in my Collections and the Archdeaconry of Dorset and all the Dorsetshire Iurisdiction from the Bishops of Sarum not so much as One Parish remaining there unto the Bishop though about Forty to the Dean and conferred them upon others according to their Wills and Pleasures To begin with the first Times were to write a Volume Let it suffice that Hen. 8. gave Four of them at once to the Dean and Chapter of Windsor as that of Okeborn St. Andrew that of Okeborn St. George that of Hungerford and that of Sherbourn but did not take from the Dean of Sarum the Episcopal Iurisdiction in any one of them Nor in that which was given by Hen. 8. or Ed. 6. to the Earls of Pembroke to wit the Great Prebend of Axford supposed to have been given by Q. Elizabeth to her Secretary of State Sir Francis Walsingham from whom I know it came by Purchase to Sir Francis Pyle's Grandfather the like to which he has also in the Prebend of Sherbourn in Dorset which hath been variously disposed of to and fro by our several Monarchs for about Five Hundred Years together from King Stephen to King Iames. And tho' Sherbourn was the Seat of so vast a Bishoprick that no fewer than Four Bishopricks were taken out of it yet the whole Jurisdiction of That and many round about it have still been saved intirely by All our Monarchs since the Conquest to Him who was then and ever since the Dean of their Majesties free Chappel and Church of Sarum Then Formaliter and ever since Virtualiter in Respect of the Franchises belonging to him Indeed in the Prebend of Bedwin given away by Ed. 6. to the Earl of Hertford and his Heirs the Dean of Sarum has but Episcopal Iurisdiction and a Triennial Visitation the like to which he has in the Prebend of Faringdon which is now in Sir Robert Pye to whom it descended from his Father by whom it was bought of the Lady Umpton and given for ever from the Bishop and Church of Sarum by Ed. 6. to Wm. Hening Esq. A. D. 1550. The Three good Prebends of Uphaven Loders and Horton were Alienated from us I

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

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