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.

A VINDICATION OF THE King's Sovereign Rights, As in all Cathedral Churches, so especially in the Church both of Old and New Sarum, as asserted in the Dean of Sarum's Narrative, drawn up and presented to the most Noble Lords Commissioners.

HAving laboured of Late under the Obloquy of Some, and the Ill-will of Others, and the impotent Re∣vengefulness at least of One, for having delivered what I had found of the King's Sovereign Rights, and his Royal Exercises thereof, as well in All Causes, as over all Persons Ecclesiastical, All Bodys Corporate and Cathedrals, more particularly ap∣plied

unto His Majesty's Free Chappel and Church of Sarum; tho' I did nothing of my self as a Vo∣luntier, but by Commission and Command from the most Noble and the most Honourable the Lords Commissioners, appointed by his Gracious Majesty for Ecclesiastical Promotions, (whom God knows I did believe it my bounden Duty to obey;) I am induced to give the Reasons of my having 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 pardon∣ably 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 Suc∣cess, 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 'tis the Duty of every Subject, and especially of the King's Chaplains, to discover all they know of His Majesties Prerogative, tho' not Com∣manded by Authority, as I had been. Which saying of a Judicious and a most Honourable Lord (in the Council Chamber, and elsewhere,) is agreea∣ble to another of two Lord Chancellors in their times, whereof the first was the Lord Bacon; from whom 'twas 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 Sa∣rum,) 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

a 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 b 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 King∣dom; 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, 'Tis reckoned one of those things which even a King cannot do Lawfully, and which a c 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 Re∣gard to the King himself, towards whose Service it was my fault, (as 'tis 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) d 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, e That all our Archbishopricks and Bishop∣ricks, 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. f 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. g 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 h Bonner declared under his hand, He held his Bishop∣rick 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 i 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 k 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 Sar∣pius. That l 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 Conque∣ror (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 m 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 Free∣holders, 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 n 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 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 Ad∣vowers 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 o Successors are included under the Name of King; 'Tis plain that what Right soever was in William the First, and his next immediate Succes∣sors, (especially Hen. 1. and Hen. 3. from whom the Church of Sarum had vast Additions of En∣dowment,) 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 contend∣ing Houses were united, wherein they called him their Founder p seven times at least. Their Nu∣merical 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 q Longland, after Bishop of Lincoln, and Lord Chan∣cellor of the University of Oxford, for which I might cite the Exact Register of Harward, the Authenticalness of which was never questioned. So 'tis 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 Cathe∣dral, 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 Col∣legiate Church, Queen Elizabeth was the Foun∣dress, and our King at this day (whom God pre∣serve) 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 Parlia∣ment, as in our own Books. Our Norman Kings did

say of it, as Will. 1. of Battle Abby, r Libera sit sicut mea Basilica Capella; and as that was exemp∣ted from the Power and Visitation of the Bishops of Chichester, so was ours from the Bishops of Sa∣rum, 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.

s Rex largitur opes; fert Praesul opem; Lapicidae Dant operam; tribus his est opus ut stet opus.

t Regis enim Virtus Templo spectabitur isto.

Sect. 3. Thirdly, Altho' I do not say, with that incomparable Civilian Sir Thomas Ridley, t 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, u 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 Preca∣rious, but an Absolute Monarch, saith the Learned Camden in his Britannia. Supremam Potestatem, & merum Imperium habet apud nos Rex. And his So∣vereign 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 Cathe∣drals)w

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 belong∣ing 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 accord∣ing 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 Oke∣born 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 Iuris∣diction in any one of them: Nor in that which was given by Hen. 8. or Ed. 6. to the Earls of Pem∣broke, 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 Bishop∣rick, 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 Con∣quest, to Him who was then, and ever since the Dean of their Majesties free Chappel and Church of Sarum. Then Formaliter, and ever since Virtu∣aliter, 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 Iuris∣diction, 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 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, where∣in 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 Deroga∣tion 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 Pro∣prietor, 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 Ex∣ample, which he really had given to his Divinity-Professor, and to his Successors, but that His Ma∣jesty 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 Mat∣ter for Law, and humbly propose it to the Sove∣reign 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 Proprie∣tary 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 Admit∣ted

by the Dean and Chapter, as other Prebenda∣ries 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 Preben∣dary 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. 'Twas 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 'tis 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 'twas 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 x 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 'twill 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 y 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) z 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 Depriva∣tions. Amongst many other Examples which might be easily given of that; Judge a Coke tells us of one Bishop of Exeter, who fell into a Prae∣munire, for not admitting one immediately, who was presented by the King to the Church of South∣well: 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 En∣croachment 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 b two Statutes in force, 'tis downright Treason, for any Subject of England, either to Promise or Pay Obedience, to any other

than to the King, his Heirs, and Successors. 'Twould 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 in∣deed near so great. ('Tis a little thing to say in the Church of Sarum only.) And yet the whole Clergy of the Gallican Church, have late∣ly declared their Opinion by the Mouth of the Arch-Bishop of Rheims (notwithstanding their Popes Pretensions) That the King hath a 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. c 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 'twas

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 Com∣parison 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 Employ∣ments, 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 Di∣stinction between a Supream and Subordinate Right. The Maxim is, c 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 seve∣ral 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, d 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 Com∣pliance 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) e 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, Pres∣cription, 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 en∣tred in your Register, to the end they may be produced when Occasion requires. What French King did ever Write in a more Decreto∣ry, 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 Cathe∣dral 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 f 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 g; [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 h Resume his own Grants. And how he at once took all the Profits of the Bishopricks of Canter∣bury, Winchester, and Sarum. And how all Bishops were threaten'd i 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 k all our Kings and Parliaments (except∣ing 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 exclu∣sively of the Kings) and would have it stand safe∣ly, 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, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. 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 Observa∣tion, how frequently Christian Monarchs made Paenal Laws for Church-men, the Pains of which were Suspension, or Deprivation (whereof the In∣stances are many, both in the old Roman Laws, and in the Capitulars) He Infers the King's l Mastership, and gives a very sound Reason for it. Indeed the Bishops of Rome for several Cen∣turies 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 m Lords and Masters. And Richard Poor, Bishop of Sarum, did own King Iohn as his n Master, with greater Reason; however that King de facto made himself

the Pope's Vassal. Postulans ab Eo tanquam a Dom∣ino 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 of Guilt, than that of op∣posing the King's Prerogative) as Q. Mary and Elizabeth did: and of our Kings not a few. So 'tis on all hands confessed, That their Royal Visi∣tations, 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 Con∣sent, 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 In∣consistent: 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 Residen∣tiaries, (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' sel∣dom) 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 'tis 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 Com∣missioners, whom His Majesty hath appointed for Ecclesiastical Promotions. 'Tis 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 Subordi∣nate Right derived) are all exactly of this Opini∣on: 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 'tis true that o 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 Or∣der of Church-men, if another Monarch of En∣gland 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 Nepo∣tismo) 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? 'Tis 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 p Earl of Hartford, Six of the best Prebends at once, and Three Hundred pounds per annum out of the Lands of the next Bishop∣rick, which should fall to the King's Disposal. After which 'twas granted also (at the said Earl's Suit) that his Lordship should have a Dean∣ery, 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 Eccle∣siastical 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 Mo∣narchs 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 Gene∣ral, [I cannot find that His Majesty hath any other Right in That Church, than in any other Cathedral Churches.] These Assertions, but es∣pecially the First, because of its important Monosyllable All, do seem at least to me to im∣ply 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 Him∣self, 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 Grace's Corrections also; such as the Bishop of Sarum is. And I do sometimes ask my self, what Inconvenience could there be, if the Bishop of Sarum, or any other who is Subordinate to the Archbishop, (as the Archbishop to the King,) had no more Prebends to dispose of than the Archbishop hath? Or if His Majesty now and then (although but rarely, only Fourteen, or Fifteen, in above 500, years,) should give a Prebend at large of Sarum, to a Priest every way qualified with Want and Worth, as well as he gives All the Prebends in All the Churches recited, without Exception? The Church and State might stand firmly as now they do, and Christian Souls might be as salvable as now they are, tho' the King's Power and Right were as much owned by All, as it is by me. The Bishops of London and of Lincoln, and several others, have a most undoubted Right to dispose of Pre∣bends, (such at least as the Bishop of Sarum hath,) and that Right the more unquestionable, by being held of the Supream, and derived from it, and Sub∣ordinate thereunto. A Sole and Sovereign Right wholly exclusive of the King's, (which is all I con∣tend against, and which my Lord Bishop of Sa∣rum, seems to aim at, and effect, or else his Lordship and I agree,) I am verily perswaded, none of those Bishops will pretend to. It cannot be said with any Truth, that All the Bishopricks

I have named, wherein the King gives All the Prebends, the Bishops none, are not of Old, but New Foundation. For Worcester, and Norwich are very Old; Canterbury and Rochester two of the Oldest we have in England. Besides that, the King's Power and Right in the Church of Sarum, is greater than in many others; not only be∣cause of his Old Free Chappel, which I shall prove in the next Chapter (and cannot be disproved by some Negatives, from some Interested and Pas∣sionate Opposers of the Prerogative,) but also because the Kings of England were the Co-Founders of that Cathedral in a Literal Sence, as well as Founders in the Sence of our Common and Statute Law: The Co-Founders at least, because Osmund had his All from the Bounty of Will. 1. and held his All of that King's Favour, under Knights Service during Pleasure, for which I cited Mr. Selden and Matth. Paris, in the first Sect. of this Chapter. King Hen. 1, in one day gave 20 Churches to that of Sarum, besides the Tithes of New Forrest; if the q Record which was read by Sir. Tho. Ridley said true, which he mentions in his View of the Civil Law. And (passing by the lesser Bounties of Steph. and K. Hen. 2.) it is confessed, that Hen. 3. gave no fewer than 20 or 21 Pre∣bends, and other things; even All the Tithes of all the Kings Forrests within Three Counties, Wilts, Berks, and Dorset and the Removal of the Cathedral from Old to New Sarum, is owned by Bishop Spondanus (as well as r others) to have been at the King's cost chiefly. Next our Kings were Sole Founders in the Eye and Sence of the Law, according to the Maxim cited before

from Iudge Coke, Instit. Cart 2. Chap. 33. upon Magna Charta, p. 68. & 44 Ed. 3 cap. 24. And our King at this day, according to that other Maxim in Coke 2 Inst. in Statute of Employments, p. 742. Whatever Right our Former Kings had, our King hath now.

It seemeth strange to most men, (who have considered the matter throughly,) that the King who gets the Right of giving every Ecclesiastical Possession in England, not only where Church men, but where Saecular men are Patrons, by promoting an Incumbent unto a Bishoprick, should immediately loose All even in That very Church where he makes the Bishop: Or that the King who hath All in his own Disposal, during the Vacancy of All the Bishopricks in England, should have nothing to dispose of, (with∣out the Bishop's good leave,) as soon as the Va∣cancies are filled, tho' filled up freely by himself. They are Betrayers of the Churches Rights who go about to undermine and betray the King's; And they tempt the King and his Royal Succes∣sors, to let their Bishopricks lye void, as Q. Eliz. and her Ancestors thought fit to do, even as far as for 20, or 30, yea, for 40, years together. Signal Instances of which in the most of our Churches, if not in All, 'twere too easy for me to give, if it would not occasion too great a Length. Alas! we may judge of the King's Regale with∣in the Cathedral Church of Sarum, (supposing there had been never a Royal Chappel in the Old Castle, which yet I shall shortly make ap∣parent,) by the Exercises of it in other Churches. They having (in their Pleasures and Displeasures) Created some Bishopricks, and Supprest them soon after; (whereof Westminster is an Example:) Dissolved, and Restored; (whereof Durham is

an Example:) United two into one, and again Divided into Two; (an Instance of which we have in Worcester and Gloucester:) Taken three out of one, (as Hen. 1. took Ely out of Lincoln. Hen. 8. Oxford and Peterborough out of the same:) Tho' the Diocess of Lincoln is still the greatest, ('its Parishes being no fewer than 1255.) Ordered one Bishoprick to be held with Another in Com∣mendam; (as that of Bristol with that of Gloucester for 23 years together:) Gave the Bishoprick of Hexam in Augmentation to the Archbishop∣rick of York; (from which it was taken again in the 37. of Hen. 8.) Converted Canons Saecular into Regular, & vice versa made the Prior and Convent of Westminster a distinct Corporation from the Abbot: Conferred the Patronage of a Bishoprick upon a Subject; (as Hen. 4. that of Man upon the Family of the Stanleys: Gave Temporalities, and Reassumed them; (as in 14 Ed. 3. cap. 3.) deprived Bishops for very small Failings; (Examples of which are elsewhere given.) Subjected them to the Statute of Praemu∣nire, and to the Judgments of Saecular Men; (As All at once to the Lord Cromwel, and Sir Io. Tregonwel to that of Sarum.) Made Inferiour Clergymen to be the Judges of their Superiors; (as the Dean of St. Pauls over Bonner Bishop of London:) Translated Bishops in Displeasure, from the Greater Bishopricks to the lesser; (As Nevil from York to St. Andrews in Scotland; and Iohn Buckingham from Lincoln to Litchfield, which was not then half so good:) Made a Saecular Man a Dean; (as the Lord Cromwel Dean of Wells:) In a word the same Authority which took four Bishopricks out of Sherburn, and added Sherburn (with about 40 Parishes about it) to the Dean

of Sarum's Iurisdiction; And gave away the Juris∣diction of the Rest of all Dorsetshire from the Bishop of Sarum to that of Bristol, (but never gave away one from the Dean of Sarum,) can give a Prebend of Sarum, or a Residentiaries Place, to any man in full Orders, and that de Iure; for to a Lay∣man, and de facto, it has frequently been done. And if the Corporation of Dean and Chapter is not of the King's Foundation, when the Bishop∣rick is by all Confessions, and by the frequent Declarations of the Law; why have our Kings disposed oftener of the Residentiaries places, than of the Canonries at large without Residence? Why should any man dispute against his Kings being his Founder? Can he pretend to have a better? Or will he pretend to have none at all? 'Tis true that Osmund was a Secondary and Subordinate Founder of many Prebends. But His Founder and Royal Master, was worthily reckoned as the Supreme, with which Distinction it is as true, the Dean and Chapter have a Right to choose their Bishops as well as Residents. But both in a subserviency and subordination to the Supreme, wherewith their own must stand, or fall. The Reverend Arch-Deacon s Fulwood hath enough, whereby to clear the King's Patronage of the whole English Church; and he cites Arch∣bishop Bramhall, producing several Laws for it. The Assize of Clarendon; the Statute of Carlile; the Statute of Provisors. All asserting the Pow∣er and Patronage to be de jure in the King, which was de facto in the Pope, and by Usurpation t The Parliament told the King plainly, That the

Right of the Crown is such, and the Law of the Land too, that the King is bound to make Remedies and Laws against Incroachment on his Prerogative.

Sect. 6. Lastly, I must in my Narrative (in imitation of the most Learned and most Judicious Bishop Sanderson,) assert the Bishops Right, as well as the Chapter's, and mine Own, (both as jointly with them, and as Separate from them) upon what I think the surest and safest Ground. Only I could not find in my heart to take down that Scaffold, or to invalidate those stairs, unto which we all owe our own Advance∣ment. I was really afraid to betray the Church, by asserting the Churchmen's Right with an Ex∣clusion of the Kings, as I am sorry some do, to the endangering of the whole Body. For 'tis to Expose her as an Orphan to a very unkind world, sadly stripped of the Patronage, and so the Protection of the King, who is her Guardian, and Nursing Father, to whom the Church owes her Safety, (if not her Being;) and without whose Royal Patronage she cannot comfortably subsist: The Church (in our Laws) being evermore a u Minor, ever a Pupil under Age; as utterly destitute of help, as ever any Expositious and Forsaken Child was, without that Guardianship and Pa∣tronage, that Royal Right and Prerogative, which some (who live by it) have lately attempted to Undermine. In this my Sentiment if I have erred, it is with the Great Man I just now men∣tioned as my Exemplar, in that Book which he composed by the special Command of King

Charles the First of Glorious Memory, proving Episcopacy in England not at all Prejudicial to Regal Power, (which some would make Destructive of it,) by the same way of arguing which I have used. w The shortest Accompt which I can render of it is this: All Episcopal Power is either of Order, or Iurisdiction; hereof the lat∣ter is either Internal, or External; and this last is either Directive, or Coercive; the first is from God, the Second wholly from the King (as is declared by our Laws, and acknowledged by the whole Loyal Clergy.) Yea that Power which is from God, (as that of Preaching, Ordaining, Absolving and the like,) is so subject to be Inhibited, Limi∣ted, and otherwise Regulated, in the outward Exercise of that Power, by the Customs of the Land, as that the whole Execution of that Power does still depend upon the Regal. Now x All Iurisdiction being Confessedly from the King, it seem's to follow, that all Prebends, as well as Residentiaries places of the Old Foundation, which have a Iurisdiction belonging to them, (as those of Sarum are known to have,) are disposable by the King, when, and as often, as His Majesty sees Good. Pope Nicholas could not deny it, and therefore Granted it very cunningly to Edward the Confessor, with a Vobis & Posteris committimus Advocationem &c. We commit the Advowson of all the Churches of y England, to you and your Suc∣cessors, Kings of England. So that if the Popes Grants are of any value, (before the Statutes of

Provisors and Praemunire, (by which the Composition, in it self Evil, was made much worse, as having been when those Statutes had made it Criminal, for the Subjects of England to petition a Bishop of Rome for a Confirmation; the Regal Right I plead for has a double Title, and is not questio∣nable by the Papalins, much less by the men of the Church of England.

Now whereas I did distinguish (with the Ju∣dicious Bishop Sanderson) between an Original, and Derivative Power of Jurisdiction, (where∣with I have been twitted, in derogation to the Kings Honour, to whom it seems I ascribed more, than Malignity will allow, tho' no more than Bishop Sanderson, whose Loyal performance justi∣fies mine,) And after shewed the Great Extent, with the greater Intensiveness, of my Derivative Jurisdiction as Dean of Sarum, which had been a most Extravagant and Unaccountable Iurisdiction, if the first Deans of Sarum had not been Deans of the Kings Free Chappel, (before the Cathedral Church was built, and before Bishop Herman was the first Bishop of it, as well as during all his time, which I shall prove to be as clear as the Sun at Noon in a fair day,) I will justify my self in my so magnifying my Office, out of mere Gratitude to the King, and to show his Royal Bounty as well as Power, in the words of the said meek and most Learned Prelate. The more a Derived Power is extended and inlarged in the Exer∣cise thereof, (so as to be Regular) the more it serveth to set forth the Honour and Greatness of that Original Power which granted it. Since the vertue of the Effi∣cient Cause is best known by the Greatness of it's Ef∣fect. For—Propter quod unumquodque est Tale, Illud ipsum est magis Tale; as the warmth of the Room

doth not lessen the Heat of the fire upon the Hearth, but is a sign of it's Greatness, &c. From all which it follows, that the Dean who does as modestly, as he does thankfully distinguish, between his own but derivative and Subordinate Rights, and the Rights of the King which are Original and Supreme, cannot magnify his Office, or defend his Jurisdiction (according to his Oath and boun∣den Duty) with too much Zeal; whilst they who hate that Distinction, (as by me it hath been used,) and will have the Sole Right to dispose of this or That, Exclusively of the Kings, are neither so modest nor so thankful, as I sincerely wish they were: They maligning their Maker's Power, whereby they are what they are. I will add ex abundanti what may conduce to Their Conviction, (in this great Article of our Religion,) who would be thought of the Church of England z It is a Principle in Law, that of every Land there is a Fee simple in some body: But the Fee simple of the Land of a Prebend cannot be in the Bishop, or in the Prebendary, (both being at most for Term of Life, and both Subject to Deprivations, for less then Treason, or Felony,) therefore 'tis in the King, as Original a Founder, whose Royal Right can never dye. King Hen. 8. and Ed. 6. did act accordingly and the b 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. c Nor can any Discon∣tinuance be any prejudice to a King's Right, who therein hath this Prerogative, Quod nullum Tempus

occurrit Regi.

And d when a King ordains any thing for the Honour of God and the Church, he Wills not (saith my Lord Coke e 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 'tis 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 f Oracle of the Law) are called Sacra Patrimo∣nia, & Dominica Corona Regis: So that 'tis Sacri∣ledge to invade them. Nor can he so make them away, but that at one time or other they will re∣vert 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,

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. 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 Ec∣clesiam 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 with∣out 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 Vi∣car, 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 h 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 Sa∣rum in the Close) is an i 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. i And all Iurisdiction Ecclesiastical being both de∣rived from, and inseparably annexed to the Imperial Crown of this Realm, and that for ever, by k Acts of

Parliament; from thence it is, that a Convo∣cation cannot meet, without the King's Writ; nor treat at their meeting, without his Commis∣sion; 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 l 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 Confir∣mations of it which now ensue.

Sect. 1. First, 'Tis plain from William of Malms∣bury, m 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 'tis 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 Extraor∣dinary Meetings: As for Example;

A. D. 1086. n 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 Fi∣delity 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 com∣piled 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 o Authors te∣stify) 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 p 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 Meet∣ing of the Bishops and Great Men of the whole Kingdom at the same Place, there to do their Ho∣mage to his Son William. So saith q Eadmer. pag. 117. Florentius, and Hoveden.

Hitherto is no mention of City, Town or Vil∣lage, but of the King's Castle only: Which W. Malmsb. thus describes, r Salesberiam, quodest vice Civitatis Castellum locatum in Edito muro vallatum non exiguo.

A. D. 1140. s The Arch-Bishop of Roan in the Council at Winchester maintained, that by the Canons of the Church, Bishops could have no Right to hold Castles; and that if they were tolerated by the King's Indulgence, they ought in times of Danger to deliver up the Keyes. Here the Question then rise (as Camden t tells us) Whether Bishops might be the Governors of such Strong-Holds, which was determined by a great Church-Man Against the Bishops in general; and in parti∣cular against the then Bishop of Sarum, whose monstrons Avarice, Pride, Perfidiousness, and

Ingratitude, are by none so well expressed, as by our excellent u Bishop of Hereford, de Praesulibus Anglicanis.

Sect. 3. Thirdly, During the Time, Herman, the first Bishop of Sarum, in point of Time (tho' Osmund was the First in point of Dignity, and Endowment; and the w First who had any Cathe∣dral Church, or Chapter in it:) It is agreed by All Authors, both Printed, and in Manuscript, That there was not yet any Cathedral Church, or Chapters either within, or without the King's Castle: But only a Chappel, and a Dean, as now there is at Whitehall. For

No one Author in the World did ever say, that Bishop Herman did build the Church; the most that is said of him, is said by Bishop God∣win, That Herman laid a Foundation; and hav∣ing so done, he dyed. x But his Churches was in the Air, like some men's Castles; a meer Im∣aginary Church, and the Child of Phantasy. Nor indeed could it be more. For by the Command of Will. 1. he had left the two Cathedral Churches of Sunning and Sherburn to the Dean, who then was Formaliter (as virtualiter ever since) Dean of the King's Free Chappel only (without a Chapter or

a Church;) And in whom, as their Sole Ordinary, Sunning and Sherburn have ever since been, with many Peculiars belonging to them, in Berks, and Dorset, in Wilts, and Devon; (to which I might have added the County of Oxford, were it not that the said Dean has little Jurisdiction there, tho' there he has some.) Herman's time was too short to build a Church at Old Sarum. He did rather design a Church, than so much as lay the Foundation of it. But All agree, That the Favour∣ite Osmund (a Captain of Say in Normandy, who came in with the Conqueror, from whom he had All he had, and in whose Castle, whereof the King made him the Governour, Conicerge, or Keep∣er he found no more than a Royal Chappel) both y Built and Repaired the Cathedral Church there, whose Steeple was burnt the next day after its being Finished. How by his Master's great Bounty, as well as License, He added a Chapter to the Dean, besides three Dignitaries, four Arch-Deaconries, &c. hath been expressed in my Narrative, and remains Uncontradicted. What his Lordship cites as the Work of Mr. Bee, Sir Roger Twisden was the chief Designer of, and must not be defrauded of the Honour due to him for that Collection.

Sect. 4. Fourthly, 'Tis acknowledged by my Lord Bishop himself (so God will have it many times, that Truth shall be justified by its Op∣posers, even in the Act of their Opposition) that The Church of Old Sarum was Always a Ca∣thedral;

which is as much as to say, There was not any Church there, until there was a Cathedral Church. And 'tis as evident as the Sun, that no Cathedral could be there, before the Bishop's Seat was removed thither: Nor then, till it was built by the King and Osmund. And therefore,

Sect. 5. Fifthly, The King had a Chappel, for Himself, and his Royal Family, and his Great Council to Serve God in (as none in their way were more z Religious than in those Times) before he had in that Place a Cathedral Church. For besides the Absurdity and Incredibility, that in the King's special Mansion for Strength and Pleasure, wherein he had the Great Conventions of the Lords Spiritual and Temporal, and a Family in his Absence consisting of Souldiers as well as Servants (sometimes called Ministri Regis, and sometimes Milites) He should not have so much as a private Free-Chappel for publick Worship; I say besides This it appears as by others, so by Radulphus de Diceto, that the King's Castles in those Times had Chappels in them, for the King's Honour, as well as Use.—Ventilata autem est haec Causa prius—in Paschali solem∣nitate in CAPELLA REGIA quae sita est in CAS∣TELLO. This is confirmed by what was said in the Chapter's Accusation of Bishop Erghum to Arch-Bishop Sudbury. a Infra castrum Domini Regis, & in Ipsius Solo, nullatenus Episcopi Sarum, primitus extitit fundata Ecclesia, ut Libera Capella

ejus, ab omni Iurisdictione Diocesani exempta, plena libertate, more aliarum Regiarum Capellarum Angliae, gaudebat, &c. Which Free-Chappel of the King was never denyed by Bishop Erghum, and was owned in the Sentence of the Arch-Bishop for the said Chapter Against that Bishop. And as the King's Chappel first, before the building of the Church; so the Church, as soon as built; and the Church-men, as soon as Founded, were every whit as much within the King's Castle, as the old Bishops of Sarum's Registers were able in Latine to ex∣press them. b Continetur in Annalibus Pontificum inter Gesta bonae memoriae Domini Richardi Episcopi Sarum, quod antiquitus Canonici Ecclesiae Sarum residebant infra Septa Castri Veteris Sarum, usque ad tempus Supradicti Pontificis. In cujus Tempore orta erat Persecutio, &c. ratione cujus, Rex Angliae praecepit omnibus Vioecomitibus, & Castellaneis suis, quod cura∣rent, quatenus Loca Regia ubique Regio Usui Custodi∣rent, non obstantibus quibuscunque Privilegiis Ecclesi∣asticis. Then it follows at large, that the Cathe∣dral Men going out of the Castle in Procession, had the Gates shut against them by the King's Soldiers or Servants at their Return.

Sect. 6. Sixthly, The Church, after it was built (as well as the Chappel before there was a Church) was evidently situated within the King's Castle, Infra Castrum Domini Regis, as is attested by the Printed and Written Records of those Times, which my Lord Bishop contradicts gratis; but I suppose thro' their Failures, whom his Lordship entrusted and employed. The Ancientest Wri∣ter extant, who mentions that Church, writes

thus expresly: c Osmundi Searesbiriensis Episcopus Ecclesiam quam Searesberia in CASTELLO con∣struxerat cum adjutorio Episcoporum Walcelini Win∣toniensis, & Iohannis Bathoniensis, Nonis Aprilis, feria secunda dedicavit. Others who are Ancien∣ter than Matthew Paris, and more Authentick have the same Words: To which agrees that Ancient Distich, which is cited by Bishop Godwin, and by Camden in Wilt. pag. 180.

Quid Domini Domus in Castro, nisi Faederis Arca, In Templo Baalim? Carcer uterque Locus.

And this with very great Reason. For All the Prebendaries or Canons (two Words for one Thing, not two Things, as the King's Attorney was made beleive) and All other Church-men, ex∣cept the Dean (who had an House and Demeasnes by the Rivers side, about half a Mile below the Castle, called still the Dean's Court, as Mr. Bar∣ker's House in Sunning is to this Day called the Deanery) were but as Prisoners in the King's Castle (compared with what they are now (for above One Hundred Thirty Four Years. And ac∣cordingly Bishop Poor made it the Ground of his Complaint both to the King, and to the Pope, as that on which he then built▪ his Petition to Both for a Removal.—Ecclesiam de Castro & de d Carcere Regalis Potestatis laborabimus aedificare, &c. posthaec autem acccessit ad Regem Angliae, petens ab eo Licentiam, &c.—& postulans ab eo tanquam

a Domino suo manus adjutrices. Cui Rex benignissime praebuit assensum, &c. Lastly, 'tis confirmed by those words in the Bull of Pope Honorius the Third. e Quod non patet aditus ad Ecclesiam sine Licentia Castellani. Peter of Blois agrees with all these.

☞ From all the Premises it is clear, That the Church was not only within the Precincts of the King's Castle, which yet is sufficient to prove it stood on the King's Soil (however denyed by his Lordship:) But also within the Castle it self, strictly and properly so called.

Sect. 7. Seventhly, As the Castle and the Guard of Souldiers in it, and the Ground in which it stood, have been evidently proved to have been the King's; so 'tis evident that the Bishop held the Castle but as a Keeper, or as a Maistre d' Hostel, or as a Tenant to the King, or at most as All Governors of Garrison-Towns and Castles, do hold them pro Tempore for the King; and even so both the Bishops, and Earls of Sarum (the Earls longer; very much longer than the Bishops) held it only in Trust, and during Pleasure. Whence it was they were so f often put in, and out, as our Kings saw good; and as I shall hereafter shew at large, even out of such Publick Monu∣ments as are confessedly the Best. This appears by the Grant of it to Bishop Roger, as Great a Man with Hen. 1. as Osmund was with his Father William, tho' of a far more contemptible and Base

Beginning, and one who grew Great by the basest means. Malmsbury sets it forth thus.

Castellum Salesberiae (or Sedberiae, as Eadmer calls it) Quod Regij Iuris proprium esset, ab Hen∣rico Rege impetratum muro cinctum, Custodiae suae attraxerat.

Thus Osmund held it as a Custos, of Will. 1. and Will. 2. and Roger as a Cus∣tos, from H. 1. who found it encompassed with a Wall, which Wall about the Castle seems to be all, which gives any Colour for that saying of my Lord Bishop, That Roger encompassed the City with a strong Wall. Whereas the Castle so encom∣passed was not Civitas, but only vice y Civitatis, as Will. of Malms. precisely words it: Thus the word Tenet is explained in Doomsday-Book, Episco∣pus Tenet Saresberry. And thus what follows as∣erted by my Lord Bishop's, [That the Castle it self did belong to the Bishop] does of it self fall to the Ground, without any stricter Examination of the Proofs, which do not say any such thing, as that for which they are pretended to appear: But the contrary rather is from thence to be inferred. Nor do I see to what purpose those words are added by my Lord Bishop in the Mar∣gin, [vid, Bee. fol. 2351.] unless it be to confute the Text. The Place is in Henry Knighton Leyces∣trensis, who did not write till 300. years after, reaching to the Death of Rich. 2. about 1400. and who speaking of the King in Council, com∣manding the removal of Bishops Sees, does add these words—Hoc anno Hermannus Episcopus Primus Sarisburiensis Obiit. Cui Successit Osmundus Regis Cancellarius 24 annis, Qui Ecclesiam Novam, not Renovatam ibidem construxit. Thus his Lord∣ship's

Citation makes quite against his own Pre∣tentions. Osmund did not only repair, but first built the Church, which Herman at most did but design. So Matth. Paris in the place cited, calls it (not the Bishops, but) the Earl of Sarum's Castle. For Will. 1. gave it to Walter d' Evereux z Earl of Rosmar in Normandy, as to a Keeper; so Hen. I. gave it to Bishop Roger, from whom it was taken by King Stephen, as from a Monster of In∣gratitude, and as from a Perjured Rebel. Then the Custody of it was given (not to the Bishops, but) Earls of Sarum, and was continued in them by Caeur de Lion R. 1. and King Iohn; after whom it was taken by Hen. 3. from the Grandson of Will. Longespee, and given to Margaret Countess of Sarum, whose husband being attainted, 'twas resumed by Ed. 2. and after given by Ed. 3. to Will. Montacute, of whom tho' bought by Bishop Wivil for 2500 Marks, (not recovered by Law, nor won by Combat,) 'twas yet soon resumed; and given by Hen. 4. to Rich. Nevil, whom he made Earl of Salisbury. 'Twas after given by Ed. 4. to his Brother Richard Duke of Gloucester. At last Hen. 8. restored the blood of Margaret, and made her Countess of Salisbury. After whose Attainder and Decapitation, (when she was 70 years old,) in the year 1605. King Iames gave it to Sir Robert Cecil, and his Heires, in whom it is at this day, and is rented by the Good Relict of the most excellent Bishop Earl.

Thus we see to how few Bishops, and to how great a Number of Earles, the Custody of the said Castle was Concredited by our Monarchs from time

to time, as its Keepers were esteemed more or less worthy to be entrusted. And to argue it was the few Bishops Soil (two or three at the most,) or the Soil of the many Earles, because our Monarchs made them Governours during Plea∣sure; is as if a man should argue, that the City of Oxford (when it was Garrisoned) was not the Kings, but Colonel Leg's, Sir Arthur Aston's, Sir Thomas Glenham's, &c. because they were the Governours, unto whose Custody 'twas committed. Or that the Castle of Windsor is the Earl of Ar∣rundel's, exclusively of the King, because the King gave him lately the Honour of it.

Now having proved that the Castle of Old Sa∣rum was the Kings; and that the King's Servants a were in it, for more than 130 years; and that the Cathedral Church of Sarum was b within the Kings Castle; (which yet was confidenly denyed to the Lords Commissioners;) and that our Kings from the Beginning have Acted in as Absolute and as Despotical a manner in and over the Church of Sarum, as in any of their own Mansion Houses within these Realms; Common Sense will infer, and inform the most indocile, That where the King (William the First) had a Castle and Family in it, he had a Chappel for God's Service, and his Chappel was Free. How strange a thing therefore is it, for men to lessen that Mon∣arch in his Prerogative, who did not only make them, but does still keep them Great. How often had the Hierarchy been trodden utterly under foot, if the King singly had not Sustained them? How many Parliaments may be convened, who will Vote down All Bishops, and Deans, and

Chapters, (ab Actu ad potentiam optime valet Ar∣gumentum,) if the King will prompt them to it, or but Consent when it is done? They who look downwards upon themselves, but neither back∣wards, nor forwards, on the years that are pas∣sed, and the years to come, do not consider what Protections they have received from the King (at the King's great cost,) or what Protections for the future they may have a sad Occasion to wish and pray for.

And here I should have ended this 2d. Chapter, but for a Passage out of the Annals of Burton Abby, MS. 1245. Which shews that even then, in the Time of Hen. 3. (long enough after Os∣mund, and Will. 1.) the King of England had Ma∣ny Free Chappels, and was resolved to keep them Free. Indeed so many, that diverse Parish Church∣es which did but Neighbour on the King's Castles, were apt to pretend to that Priviledge. Yea the Chappels in the King's Castles were Con∣firmed in their Immunities, Exemptions, and Li∣berties, by Popes themselves: As appears by that Kings Proclamation Dated, at Westminster March the 3d. in the 30. Year of His Reign. Where∣in he strictly Commanded, that the said Freedom of his Chappels should be c Perpetual. Et ne Aliquis contra praedictum Privilegium aliquid audeat attemp∣tare. Nor hath any of our Monarchs taken away or surrendered that glorious Branch of their Pre∣rogative; whatever Subjects have attempted by joining with Boniface the 9th.

CHAP. III.

WHereas 'twas affirmed by the Bishop of Sarum to the Lords, That there never was a Time when either the Dean and Canons were exempt from all Iurisdiction of the Bishop of Sarum. The contrary to it is confessed and strongly proved by his Lordship himself in the very next Words follow∣ing, wherein his Lordship cites The Composition that was made between Bishop Waltham, Dean Mon∣tacute, and the Then Chapter of the said Church, which was no longer since than in the Year 1391. whereas the Absolute Exemption of the Dean and All the Canons from the Bishops Jurisdiction, was in the Year 1095. Between which two Dates, there was an Interval of almost 300 Years.

Which Composition, so called, was indeed a Con∣spiracy of the said Bishop, Dean and Chapter with Pope Boniface the Ninth, by whom it was con∣firmed, and for which by the Laws of England (even (c) Then in force) they did incur a Praemu∣nire: Which All the Bishops ever d since are humbly conceived to have incurred, who have presumed to Act according to That Conspiracy, I. Against the Supremacy, and Prerogative of the King; II. Against the Common, and Statute Law of the Land; III. Against the Fundamental Statute of our Subordinate Founder Osmund; IV. Against their own Souls in two respects, first in respect of the Several Oaths, whichb

have severally been Sworn by all the Bishops, Deans and Chapters. That they would keep, and cause to be kept (as much as in them lay) that Fundamental Statute of Osmund, with all the Priviledges, Dignities, Immu∣nities, and Exemptions therein contained; of which Oaths the said Conspiracy or Composition is a Professed Violation, as shall be shewn in its proper place. Secondly, in respect of the heavy Curse, which Osmund denounced against All those who should dare to pervert the said Fundamen∣tal Constitutions in any kind. V. Against its own Being, by reason of its several Inconsistences with it self, and of the several Nullities contained in it. Lastly, Against the Well-being, if not against the very Being of the whole College within the Cathedral Church of Sarum, by reason of its most scandalous and most mischievous Effects. But of each in its Order.

§. 1. First, It was a Conspiracy against the King of England and his Prerogative, who is in Law declared to be the Founder as well as Patron of all the Archibishopricks and Bishopricks in England, but took care in his Original Char∣ter granted to his Favourite Osmund, (sealed first with the Seal of Will. I. and then with the Seal of Will. II.) to exempt his Dean and All his Prebendaries or Canons from the Bishops Juris∣diction in as full and as plain a manner, as Latin words could express an Exemption by. In words so carefully contrived against all possible Affectation of Jurisdiction over the College of Dean and Chap∣ter in any succeeding Bishop of Sarum that what the present Lord Bishop of Sarum would make an Argument for himself and his Affected Juris∣diction,

makes quite against him. For the Voice and the Place which the Bishop has in Chapter (common to him with all the 52 Canons) he has as Prebendary of Pottern, not as Bishop of Sarum; nor has he so much as a Second Voice as he is Prebendary of Blewbery, because he was never ad∣mitted to it by Installation, nor lawfully could be. For when Hen. 2. had given two Prebends to One man in one Church, Pope Alexander the Third complained of it in his Letter, as Unlawful, and Uncanonical. (Not denying the King's Right of conferring Prebends, but the Evil use of it.) So that the Bishop in Capitulo has but one single Vote, and the liberty to propose what he thinks may tend to the good of the Church, or to com∣plain of what he takes to be amiss, (as every other Prebendary has as free liberty to do,) and to be punished or amended by the Authority of Dean and Chapter. Nor is it said to be the Duty, but the e Dignity of the Dean and of all the Canons, ut Episcopo in nullo respondeant, nisi in Capitulo. To which 'tis added in the next words, (what his Lordship does not mention) & judicio Tantùm Capituli pareant, where the word Tantum excludes the Bishops Iudgment or definitive Sentence of any matter, & limits it wholly to the Body of the Great Chapter (con∣sisting of All the Canons Non-Resident and Re∣sident) whereof the Dean is the Head, and the Prebendary of Pottern, a worthy Member; but the Bishop as Bishop is neither of them. Nor was this Signal Exemption only in the Foundation of the Cathedral, made at once by the Supreme and the Subordinate Founder; but it was Repeated

and Confirmed by Hen. III. and Bishop Poor, in the Removal of the same from Old to New Sarum, in the years 1220. And the same Oaths for the due observance of it, have been ever since Sworn by all the Bishops, Deans, and Chapters without Exception. All which was alledged with effect in the Chapters Accusation of Bishop Erghum to Archbishop Sudbury (1375,) whom they charged before his Grace at once with Perjury and Usurpa∣tion, for affecting a Jurisdiction over the Canons when the Dean was Dead, and the Deanry Va∣cant, at a Time wherein the Bishop had a little colour for it, which might excuse his Sin a Tanto. Much more might they have done whilst the Dean was yet Living, if such an Incroachment had been attempted. Besides it was against the Imperial Crown of this Realm, by being against the Decanal Jurisdiction, which is e for ever and inseparably thereto annexed, and granted unto the Dean under the Great Seal of England.

§. II. Next it was against the Common and Statute Law of the Land. Against the first, be∣cause the King's Prerogative is Law, and the Prin∣cipal part of the Common Law, as that from which our Statute Laws are derived; and 'tis a Princi∣ple with my Lord Coke,

The f Common Law disallows Acts done to the prejudice of any Subject of this Realm (much more of the Sovereign) by any Foreign Power out of the Realm, as things not Au∣thentick.

Such was the Power of Boniface the Ninth meerly Foreign, and Prohibited as such by several Statutes then in force, and ever since.

Against the second, because there were ab An∣tiquo (before the Petition made to the Pope by the then Bishop, Dean and Chapter for the Papal Con∣firmation of the Conspiracy aforesaid,) Acts of Parliament in force, against Appealing to, or Peti∣tioning the Bishop of Rome, or any other foreign Power, either for Grants or Confirmations of any Acts, or Combinations, or Associations whatsoever, within these Realms; and therefore one Abbot Moris in the 46 of Ed. 3. incurr'd the Pain of Praemunire, for sending to Rome to h be confirmed by the Pope in his Election to his Abby, which the Pope (forsooth) gave him of his Spiritual Grace, and at the Request of the King of England, as he fictitiously pretended. The Bull was considered of in Council, before all the Judges of England, and by them All it was resolved, that this Bull of the Pope was against the Laws of England; and that the Abbot, for obtaining it, was faln into the King's Mercy; whereupon All his Possessions were seiz'd into the King's Hands. The same Pe∣nalty was deserved by them who made the Com∣position we are upon, and petitioned the Pope for his Confirmation. And though 'tis pretended to have been done at Rich. 2. his Intercession; yet it is but pretended, according to the Usual Trick, the Practise and Policy of the Popes, to feign Re∣quests from the Kings of England, who scorned to make them; as they did often pretend to Give, what they could not deny, or durst not offer to withold, and knew they had not either

a Right to confer, or a Power to hinder. Choice Examples of which are given by the Learned and Reverend Archdeacon Fullwood, in his Sub∣version of the Romanists Pleas for the Pope's Supre∣macy in England; and though Rich. 2. was so in∣comparably careless of his every thing that was his, even to his Kingdom, Crown and Dignity, which brought upon him his Deposition, as Hi∣storians are wont to call it. And although such an Act of Intercession to the Pope, as is pretended, had had an absolute Nullity in it self, had it been True; yet hardly any man can believe it, who shall consider the Statute made in the i same Kings Time against all Papal Usurpations, which to own, and to use as things of Right, is to incur a Praemunire. Besides that Rich. 2. had acted against other Parliaments also, as well as against his own, and against his Declaration, in case he had done, as is pretended. But that the Trick I now mentioned was often used by the Popes, we cannot prove by a better Testimony than that of the most Learned and most sincere Padre Paul, who speaking of the Times of Paul the Fourth, in giving that to Queen Mary which was her own long before, and inherited from her Father, King Hen. 8. concludes with this signal Observa∣tion: Cosi spesso i Papi hanno donato quello, che non hanno potuto levare a possessori; & questi per suggire le contentioni, parte hanno ricevuto le Cose proprie in dono, & parte hanno dissimulate di saper' il dono, & la pretensione del Donatore. Add to all this, that the said Conspiracy was expresly against Magna Charta, by which the Deans and Chapters Liber∣ties, Exemptions, and Jurisdictions, were confirm∣ed

and secured, and that by no fewer than k 32 Acts of Parliament. And Magna Charta is not only a Statute Law, as old as since the 17th year of King Iohn, though made more full and with more Solemnity in the 9th Year of Hen. 3. But moreover by the Act of 25 Ed. 1. 'twas adjudged in Parliament to be taken and held as The Common Law. (They are the Words of Chief Iustice Coke, in the Preface to his Comment on Magna Charta.) In a word, The Application made to the Pope at that Time against the Laws of this Realm, was a strong proof of its Corruption. For 'twas the Observation of the most wise Padre l Paolo, that None went to Rome out of Devotion, but only out of some Design against the Canons and Customs of the Church, which being unable to get approved in their own Country, they fled to Rome, where Dispensations were vendible for every thing, and the Avarice or Am∣bition covered over with an Apostolical Dispensation or Confirmation. So he in his Treatise of the Almes of the Faithful in the Primitive Church.

§. III. Thirdly, The foresaid Composition was even knowingly and professedly against The great Fundamental Statute (commonly called in our Books Magna Charta Osmundi,) of the Subordinate Founder Osmund, and by a Consequence unavoid∣able against the Sovereign Founder also, whose Royal Seal alone was affixed to it. That 'twas against the said Charter and Fundamental Sta∣tute, and against the Exemption of the Dean and Canons, and all Inferior Members also belonging

to the Kings Free Chappel, (which any man may deny whose Tongue is his own, but no Man living can disprove,) hath already been evinced, and shall be further, as Occasion shall be offered. But that 'twas knowingly and professedly against the same, is moreover to be proved from the Conclusion of the Conspiracy. For as there is a Contradiction to the Fundamental Statute and Charter both Legal and Episcopal, fol. 76. so in the next page of that Leaf there are these bold and unexcusable Words—Non obstante Statuto, & Chartapraedicta, The King himself in Parliament could not have spoken in a more Imperial strain. Archbishop Boniface on the contrary, A. D. 1262. had most tenderly provided for the Liberties of all in the Church of Sarum, according to the Tenor of m Os∣mund's Statute; though he was in all his time the most assuming Archbishop of Canterbury, even from that to this day. Whereas in the Conspi∣racy of the aforesaid Pope Boniface with the then Bishop, Dean and Chapters, there is this aggra∣vation of the astonishing design against the King; that it hath a special Salvo for the Popes and his Cardinals, and the Dean of Sarums Rights, but none at all for the Kings: Yea, as if that were not enough to affront the King by, it takes upon it to decree the whole Revenue of the Deanry, Decanatu vacante, to the Chapter; which, (as well as the Revenues of all the void Bishopricks in England,) belong by Law to The King alone. Lastly, The Goods of the Church (as the Chapter words it) which Osmund gave to the Dean and Canons, he gave them even so, as he had received them of the King, with a Libere, prout Ipse obtinueram;

(meaning his Master Will. I.) and adds a little af∣ter, in his repeated Exemption of all the Preben∣daries or Canons from all Intermedlings of any Bishop who should succeed him, Habeant etiam Curiam suam in omnibus Praebendis suis, & Digni∣tatem Archidiaconalem, ita ut nulla omnino Exigen∣tia vel in Dono, vel in Assisa, aut aliqua alia Consue∣tudine ab Episcopo vel aliquo alio fiat, &c. Sed (•• contra) omnes Dignitates, & omnes Libertates plenarie & pacifice habeant, quas Ego Osmundus Episcopus in iisdem Praebendis habui, aut aliquis n alius, cum ••as in Nostro Dominio haberemus. 'Twas in con∣tempt and relation to this Emphatical Exemption, as well as that which was instanced in before, That the Bishop, Dean and Chapter, conspired with Boniface the Ninth against the Statute they were sworn to keep inviolate, with a prodigious Non obstante Statuto, and Charta pradicta. And there∣fore.

§. IV. Fourthly, It was against their own Souls. For it follows in the same Charter, or the great Fundamental Statute, (wherewith all after Sta∣tutes must stand or fall,) that every one of the Foundation must take an Oath at his Admission, Se Dignitates & Consuetudines Ecclesiae Sarum invio∣labiliter observaturum. And if any one shall pre∣sume to violate or pervert the said Statute of the Foundation, perpetuo Anathematizetur, is the Form of the Curse used by the King and Bishop Osmund on the Transgressor. Nor is it meant

of the Lesser, but Greater Cursing, which the Old English Festival and the Articles found in St. Paul's Church at Canterbury, A. D. 1562. o do de∣fine to be

Such a Cursing, or Vengeance-taking, that it departeth a Man from the Bliss of Heaven; from Housel, Christ, and all the Sacraments of Holy Church; and betaketh him to the Devil, and to the Pains of Hell without end.

Such was the force of the word Perpetuo, when such Cur∣sings were in use. In a due fear, and for the prevention of such a Curse upon such a Perjury, the Chapter of Sarum in their Complaint to Archbishop Sudbury against Bishop Erghum, for violating his Oath by usurping a Jurisdiction, and by presuming to visit certain Prebends whilst the Deanry lay void, did present how All the Pri∣vileges which had been settled in the Foundation, were continued and confirmed in the Removal of the Cathedral, and that by a Bull from Pope Honorius, cum hac clausula in Literis Apostolicis inserta, [Salvis ipsius Ecclesiae Sarum Privilegiis, Dig∣nitatibus, & Consuetudinibus.]

Ad dictas etiam Ordinationes, Consuetudines, Libertates & Digni∣tates fideliter tenendas & inviolabiliter observandas Episcopi, Decani & Canonici Sarum Praebendarii, eorum temporibus successivis, omnes & singuli, jura∣mentis Corporalibus ad Sancta Dei Evangelia, praestitis, realiter fuerunt & sunt astricti. Where∣upon they prayed the Archbishop of the Pro∣vince, so to interpose his Metropolitical Pow∣er as that the said Bishop of Sarum, for the salvation of his Soul, might revoke and retract

the Visitation he had begun, and the Chapter enjoy their own without disturbance. Place at igitur Pa∣ternitati Vestrae taliter interponere Partes Vestras, ut dictus D. Episcopus Sarum omnia praemissa illi∣cite attentata, & praecipue Visitationem sicut prae∣mittitur Decanatu vacante de facto inchoatam, pro Salute animae suae revocet, & praefatum Capitu∣lum & Prebendarii omnes & singulos commodo Fundationis, &c.—libere gaudere, in solidum exercere, quoad omnia praemissa in Pace permittat in futurum.

Lastly, The Fundamental Statutes and Customs of our Church were so confirmed By Hen. 8. in his Regal Visitation of it, An. Dom. 1535, that the Bishops of Sarum for ever are as much subject to them, as any other. The Bishop there by Name is the first bound up; and bound up to the observance of no other Statutes and Customs, than do agree with the Word of God, and with the Laws of the Land, with which the said Papal Composition hath been proved to dis∣agree; and as it professedly does oppose the Royal Charter, and the Fundamental Statute, on which our whole Endowment stands; so I set This a∣gainst That, the Fundamental Charter and Sta∣tute, against the Novel Composition or Combi∣nation.

§. V. Add to this, that the Composition hath seve∣ral other Nullities in it, arising from its several Inconsistences with it self. 'Tis inconsistent with an Episcopal Jurisdiction, 1. Not to be impower∣ed to Visit Triennially, and 2. To be interdicted a Procuration; 3. p Only once in Seven years; 4.

And then q without any Regard; 5. And in the r Chapter House only; not where he will, excepting the Archdeacons, whom 'tis said he may Visit s elsewhere: 6. A fault or default in a Prebendary at large to be corrected, (not by the Bishop, but) by Dean and Chapter, or by the Dean alone, as is usual without a Visitation; (fol. 66. b.) 7. t A Power is pretended, to inquire what is amiss among all the Secular Inhabitants of the Close, and to reform, or correct, if the Dean does not; (f. 66.) which hath an absolute Inconsistence with the Salvo made before for the Rights of the Dean, in these words, [Visitatione & Iurisdictione u De∣canali in omnibus, & per omnia Decano & Successori∣bus suis semper salvis.] Now when it shall be made to appear, not only by immemorial Practise, but by Decisions of Authority, and by the Confessions of this present Bishop, (yes, and by his earnest Contentions for the Dean against himself,) that the Close is the Dean's Peculiar, and not the Bishops; that the Dean has All the Ecclesiasti∣cal Jurisdiction, and the Bishop none at all; that all Persons and Causes of Ecclesiastical cognizance within the Close, yea, within the Bishops own Palace, are to be Tried and adjudged in the Deans Court alone, not at all in the Bishops; Then I trow 'twill be granted to be a monstrous Absur∣dity and Inconsistence, for One Ordinary to be the Visitor of Another, who hath a Co-ordinate Jurisdiction with himself in many other places of Wilts and Berks, and a Superior to him in One, and a sole Jurisdiction in that very Close wherein

the Bishop pretends to be the Deans Visitor; which is to take upon him a Regal, or Metropoliti∣cal Authority, to which two alone the Dean of Sa∣rum is subordinate in his Peculiars, as all others are who have Episcopal Jurisdiction within the Pro∣vince; even abstracting from the Relation the Deans of Sarum ever had to the King's Free Chap∣pel, whereof the 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 fol∣lowing 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 distin∣guished 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,) where∣in 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 na∣med 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 confessed∣ly 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 sel∣dom.

1. In the Year 1301, when the then Bishop Simon de Gaunt endeavoured to invade the Deca∣nal Jurisdiction over the Canons and other Mem∣bers of the Cathedral Church of Sarum, Petrus de Sabaudia then Dean of Sarum, did by his In∣strument in Writing, on the Third of October, Prohibit the Prebendaries or Canons, and all other Members of the said Church, and dis∣charge 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 Con∣sistory for Incontinency, &c. Wickham not obey∣ing the Summons, was by the said Chancellor de facto Excommunicated. Whereupon Mr. Richard Kent, then Prebendary of Sarum and Sur∣rogate 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 Rela∣tion 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 Ec∣clesiastical Laws. The Bishop applied himself first by Letters to the Dean and Chapter conjun∣ctim, 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 Com∣position. Which having done, They unanimously agreed in this Judgment, (of which they sent his Lordship word,) That the whole Composition (sup∣posing 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 how∣ever 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 De∣canal 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 ap∣pear 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 w 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 with∣in 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, 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 Ap∣plication, to the Dean, and the Dean only. In like manner the Collection which was made with∣in the Close for the rebuilding of St. Paul's Lon∣don, 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 diffe∣rence 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 Chap∣ter, and by Command of Queen Elizabeth, (to whom he was Almoner many years,) upon the 17th of October, 1573. x 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 Com∣mission

from the Archbishop of the whole Pro∣vince.

N. VI. The said Exemption of All the Canons of the greater and lesser Chapter, who make a Su∣periour Corporation whereof their Dean is the Head, may be yet farther proved by the Exemp∣tion of All the Vicars, who are an Inferiour Cor∣poration, from the Bishop of Sarum's Power and Jurisdiction. For it appears by the Vicars Char∣ter, 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 nei∣ther put in, nor punish; much less, put out a Vicar, or a Lay Clerk, however criminal. And accor∣dingly the Vicars, (as well as the Lay Clerks) take an Oath at their Admission of paying Obe∣dience 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 eminent∣ly 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 Re∣sidence 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 Juris∣diction, wherewith the Chapter hath nothing to do, nor any mortal Besides the King, and the Arch-Bishop of the Great Province,) did as ab∣surdly, 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 Juris∣diction, 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, & ejus∣dem Ecclesiae Capitulum, Universis & Singulis, &c. Finding This to be done 1. Without my know∣ledge; 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 Iuris∣diction is annexed by 32 Acts of Parliament; 6. A∣gainst 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 y 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 Depu∣ty; and 10. Against the very License or Consti∣tution, 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 con∣sent, 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 their conceiving themselves forced to run so great a Risque, as that of z Crimen Falsarii,

Rather than set up such a Citation without▪ my Name, or in Any man's Name but Mine; and for their false using the Common Seal of Dean and Chapter, for want of the Decanal Peculiar Seal, which Alone had been Authentick. Therefore under my Seal of Office belonging to me, and me only, as an Ordinary, and Judge, of the King's Ecclesiastical Court within my Peculiar the Close of Sarum, and elsewhere, I made my a Prote∣station against That usurpation of my name, de∣claring it unlawful, Null, and Void, as shall be set forth at Large in the Second part of my De∣fence, if Occasion shall serve, or Need require.

§. 6. Having shew'd the Inconsistencies of the Conspiracy with it self, and the monstrous Ab∣surdity of a Bishop's taking upon him a Regal Power, or at least an Archiepiscopal, whereby to visit the Dean of Sarum within that Close which is the Peculiar of the Dean, not of the Bishop, and whereof not the Bishop, but the Dean is the Sole Immediate Ordinary, and wherein the Dean has the whole Ecclesiastical Jurisdiction, the Bishop none, and where the Dean's Jurisdiction which was derived from the Crown is united thereunto by Acts of Parliament, which the said Composition does grosly violate: I come to shew in the last place, that 'tis against the Well-being, if not against the very Being of the whole College within the Close and the Church of Sarum, by reason of its most scandalous and most mischie∣vous Effects.

N. I. First, The Statutes which have been made by Deans and Chapters without the Bishops, and others made by several Bishops with the Permis∣sion

or Consent of Deans and Chapters, being no way obliging beyond the Time of the Con∣trivers, (nor even Then but by our Monarchs having no notice of them,) succeding Setts of Legislators, as good as Those who went before them, and as destitute of Authority to take up∣on them a Legislation, made other Statutes at their Pleasure, as inconsistent with the former as Light with Darkness. Insomuch that they who swear to keep the Statutes, as they are now, (without any distinction of Good or Evil, Valid or Invalid, Loyal or Disloyal, Protestant or Popish, made by Sovereigns or by Subjects without Commission, Obsolete or in use,) do take an Oath they will be perjured, so far forth as they are not saved by a Quatenus conveniunt cum verbo Dei & cum Statutis hujus Regni; which is a necessary help, but not suffi∣cient, because there is not added to it another Quatenus or Qousque conveniunt Statut•• inter se, & sibi invicem non repugnant. For standing All as they do, partly lawful but laid aside, partly unlawful but yet observed and in use, and flatly repugnant to one another, (as shall be demonstrated by and by) it plainly follow's that for a man of the Church of Sarum to keep one Statute, is ipso facto to break and violate another.

N. II. Before I come to prove This, by de∣scending to some Particulars, I think it useful to premise this General Observation, to wit, that the Statutes which are Authentick, both by Law, and in themselves, as having been made by our Founders, the King and Osmund, and by our Later Monarchs of England, Hen. 8. Ed. 6. and Q. Eliz. which alone are obliging both to the Bishop, Dean and Chapter, are of All other Statutes the most neglected and out of Use, (to say no more

at this time) whilst the Statutes of several Popes, and of several Popish Bishops and Deans and Chapters of Sarum, however selfish and presump∣tuous, against the Law of the Land, and the Canons of the Church, and very oppressive to Posterity, and therefore fit to have perished with Those that made them, have been hitherto ob∣served (to the hazarding of Souls) with too much strictness.

N. III. Now to demonstrate the Contradictions, and other Mischievous effects, which have been principally caused by the Infamous Composition of the said Boniface the Ninth, with the then Bishop, Dean and Chapter (Birds of a Feather every one at that Time, during the loose and weak Reign of the most careless Rich. 2. of whom Historians give This Character, That of All Coun∣sellors and Councils he did constantly take the Worst,) I cannot better begin than with the Words of Bishop Henchman, once the Chantor, and a Residentiary, and after Bishop of Sarum, and at last Bishop of London; when being con∣sulted by Dean Brideoak about the compelling of certain Prebendaries at large to confirm their Leases by the Common Seal of Dean and Chap∣ter, and also to pay the Fifth part of their Prebends for their Non-residence Thirteen Weeks in the Year, according to Osmund's Constitution, and the Statute of Bishop Iewel with the concurrence and combination of the then Dean and Chapter, sent his b Answer in these Words following.

You must also understand, that the great Vicissi∣tudes and Changes which Those c Princes ap∣plied

themselves unto, did require Rules and Statutes, fitted to the disturbed Condition of Church Affairs Then. And you may observe in your Books, that Continual Controversies did arise, partly because they did injoyn Things Contrary to each other, and partly because they were adapted to Those Times only, and were not practi∣cable in after times. I will give an Instance. Do you think that now a Prebendary not admit∣ted into Residence may be mulcted at Quinta parte Praebendae, because he doth not Reside in the Close of Salisbury Thirteen Weeks in every Year? Yet this is the Statute of Bishop Iewel. Roga∣tu Fratrum nostrorum cum consensu Capituli (the Dean was absent) statuimus veterem Antecessoris nostri Osmundi Constitutionem, quam de ea retulit, in integrum esse restituendam; hoc est Canonicos hujus d Ecclesiae nostrae Omnes & Singulos, nisi juxta formam Veterum Statutorum, adsint & re∣sideant, Quinta parte Praebendae suae mulctan∣dos esse; Pecuniam autem omnem ita collectam ad Fabricam Ecclesiae nostrae Cathedralis conferri volumus. What think you? Can a Prebendary not Residentiary be compelled now so to Reside? Indeed he that lives upon his own Land, or Farm, and not in his Parsonage with Cure; nor where his Residence is by Law allowed, is a great Offender. But if an Archdeacon or Prebendary take upon him to Reside in Sarum (being no Residentiary) he is liable to a Sore Mulct upon an Information in the Exche∣quer. Will you admit every one into Resi∣dence that shall offer himself, and protest de Re∣sidendo? You will soon be weary of that. Or

will you tax a man at Quinta parte Prebendae, be∣cause he doth not Reside, and yet you will not ad∣mit him to Reside?

Thus far Bishop Henchman exposed those Statutes to ridicule, by which All the Canons (in number 52) are obliged to Resi∣dence, yet not allowed to Reside; Have a Right to be Residents, yet no permission to enjoy it. 'Tis their Duty and their Crime, to Reside in the Close and the Cathedral Thirteen weeks every Year. They must, and yet they may not perform the Will of the Founder, confessed by Bishop Iewel to be expresly the Subordinate Founder's Will, and by consequence the Will of the Sovereign Founders, Will. 1. and Will. 2. whose Seals were set to Osmund's Charter. Men are punishable for That, for which they ought to be rewarded. Not permitted to keep a Residence, to which by Statute they are compelled, and compelled to pay money for Not doing That which they must not do. The work is incumbent on 52 Canons or Preben∣daries; but Six of their Number ingross the Wa∣ges unto themselves. This Absurdity is so great, that hardly any can be greater, unless it be That which follows. For

N. IV. In flat contradiction to the Fundamen∣tal Statute, and Oath of Residence, and to the late repeated Statute of Bishop Iewel with the then Chapter, the present Bishop and the then Chapter made a New Statute (Octob. 3. 1672, Sethi Anno sexto) to this effect, That if they who have taken the Oath of continual Residence, keep not so much as Three Months Residence, they shall pay Five Pounds for each Months Non-Resi∣dence, or 15 l. for the Non-Residence of the Year: so that for 15 l. per annum they may be Residents good enough without Residing, and save 100 l. per

annum (which any mans Residence will cost him,) by paying only Fifteen Pounds. So as the Resi∣dentiaries are tempted, (not to keep, but) to vio∣late their Oath of Residence, (if such a Titulary Statute can have any force in it,) by Compounding or Commuting for breach of Oath, the Price of which Sin is but Fifteen Pounds. I do not know if Men are Taxed for the Sins by them commit∣ted at so favourable a Rate in the Court of Rome. Now considering, that the Residents were shrunk and reduced long before, from 52 or 53, (for the Prebendary of Pottern was e bound to Re∣sidence at first,) to the Dean and 12, and after that to the Dean and 6, and now at last by this last Statute (so called) to None at all, if each of the Residents will redeem himself from that Du∣ty, or buy out his Residence for the said Sum of 15l. (as some have done, and all may do,) here seems to be a way made to the very Dissolution of the whole College, if not in Time of the whole Ca∣thedral Church of Sarum, notwithstanding his Majesties Ecclesiastical Laws, which do oblige unto the Residence of 90 Days, or 3 Months. And all Local Statutes have a Nullity in the mak∣ing, which are repugnant to the f Prerogative of the King, to the Law of the Land, or the Word of God.

N. V. Another Statute has been made since his Majesties Restauration, enjoyning Prebendaries to bring their Leases to be Confirmed by the Com∣mon Seal of the Dean and Chapter, to which they cannot be compelled, unless by the King,

or an Act of Parliament. Of whieh the afore∣said Bishop Henchman in his Letter to the said Dean, did write these words—[And I must add, That since Prebendaries and their Tenants have understood, that Leases Demised by Sole Corporations (according to the Statutes of the Realm) receive no strength by Capitular Confirmation, you shall do well to perswade and invite the Members of your Church to observe the good Rules lately made concerning Leases; but be not hasty to compel by Censures or Penalties, &c.—A little after, touching the Statute en∣joyning Prebendal Contributions, by way of Tax towards the Repairing of the Church, the Reverend Bishop adds thus,—Take the best and surest course you can to have the Help of the Prebenda∣ries; but take heed you adventure not to compel them, lest you meet with Consequences which may to a good degree frustrate a Work of so high Importance.]

N. VI. All the Oaths which have been Admini∣stred, much more those which have been imposed, by Bishop, Dean and Chapter upon Prebendaries or Vicars, in any Matter not belonging to their Spiritual Jurisdictions, or not in a way of Ad∣ministring Justice, have been against Law, and the King's Prerogative. The power to give and impose Oaths being so peculiar to the Prerog∣ative Royal, that 'tis punishable to do it, without, or beyond the bounds of the King's Commission, by way of Indictment or Information, as an high Misdemeanor: Nor can any Custom legitimate such an invented Oath, unless it had a Lawful and just beginning. The House of Commons are so sensible of the want of this Power, not only to impose, but administer Oaths to Witnesses, (who, being voluntary, are as ready to Swear, as to appear,) that they often accept of Evidence

upon bare Averments. Nor can the Voluntary Submission of the Prebendaries or Vicars create unlawful Power in the Bishop, Dean and Chapter conjoyned, which otherwise by Law they have not, either to impose or to administer an Oath, nor excuse them in so doing. For however such Oaths so administred and taken, not to lett a Lease upon such or such Terms as the Law allows, (as for Example for Three Lives without Li∣cense,) do bind the Takers of them in Conscience, yet in Law they are illegal, null, and void. And so 'twas declared by the late Lord Chancellor upon occasion of a Suit in that Court depending.

N. VII. By a Statute or a Decree of the Bishop, Dean and Chapter of Sarum, made in October 1671. no Lease is to be Lett by any Prebenda∣ry (however he is singly a Corporation,) without three Conditions, (by Law allowed, but prohibited by them,) and all Three under the pain of Excom∣munication; which yet ('tis well known) cannot lawfully be inflicted for any matter or crime which is not made to be so punishable by some Statute of the Land: Nor can any thing less than the King or Parliament de novo create, or make a thing criminal. And though the breach of such Conditions in the letting of a Lease (which Conditions are wholsom) be supposed to be a Crime in such as have consented to them, yet the Matter being Temporal it is not punishable in Law by an Excommunication. Yet this is ano∣ther of the sore Mischiefs, whereof the aforesaid Composition hath been the Occasion of the Cause.

N. VIII. But there are other effects of it, where∣by Simony seems plainly not only to be allowed, but even established by a Law, (such as a Bishop

and the Chapter can make de facto by the afore∣said Composition, which owes its chief force to Pope Boniface the Ninth;) whilst men are made to pay dearly for their Places of Preferment, which by the King are freely granted. For no sooner have the Residents in the Church of Sarum taken their Oaths, That they neither have given, nor will give any Sum or Sums for those Places unto which they are admitted; but presently, by the g Statute of Pope Eugenius the Fourth, even af∣ter he was deposed by the Council of Basil (when for Money he would do any thing,) there is (besides all other payments by way of customary 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 Cu∣stom 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 Ad∣vancement, (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 Ari∣stotle's sense, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 for what he does by his Executor, he interpre∣tatively does; and accordingly 'tis said (with as much Pithiness, as Impropriety,) to be the Dead Resident his Annus post Mortem; that is, his U∣nius anni proficua undecunque Provenientia. 'Twas 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 Sa∣cred Majesty, which in a Royal Visitation can abolish Old Statutes, and make us New Ones; Statutes suitable to our Religion, by Law estab∣lished. 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 Tregon∣well, (Commissioned under the Great Seal of En∣gland,) 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. Not∣withstanding our Monarchs are declared by Acts of Parliament to have all such h Iurisdictions, Pri∣vileges, 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 what∣soever 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 Iu∣risdiction, 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 Vi∣sitors themselves, (and that with an endless Visi∣tation, 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 Ec∣clesiastical 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 Ju∣risdictions of any Bishops. (those of Sarum, Exe∣ter, 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 Authori∣ty, nor to invade the Metropolitan's Right, by invading the Dean's; nor to attempt a New Do∣minion (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 Pre∣misses being consider'd, there can be nothing

more desirable, if 'tis not absolutely necessary, than that His MAJESTY now in being, will be graciously pleased with the Assistance and Ad∣vice 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 i Popish; partly Injurious to k the King's Pre∣rogative and Supremacy; partly inconsistent with the l Laws of the Land, and common Honesty; partly Repugnant to one m 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 scanda∣lous Violation of the Kings Ecclesiastical Laws, to wit, the Canons of the Church. Besides that such as they, they are Tumultuary, and Imme∣thodical, according to the different Times where∣in, the different Occasions whereupon, and the different Authorities whereby they were made. n Some are antiquated and grown out of use,

by the Deans and Chapters ceasing to live toge∣ther, as in a College, to eat and drink together upon the Common Revenue, in one common Re∣fectory, 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 oc∣casioned (as I suppose) by Marriage permitted to the Clergy. None of our Statutes can be oblig∣ing 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 Sta∣tutes, which alone are Authentick, are most des∣pised, 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 Prero∣gative, the Law of the Land, the Church of En∣gland as it is by Law Established, and our pre∣sent 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, be∣cause unlawfully conferred, and sacrilegiously re∣ceived. 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 en∣tertain.

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 with∣in 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 al∣most 300 Years. Lastly, Why was it called a Com∣position, 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 Arch∣bishop

of the Province, whose Metropolitical Prero∣gative and Jurisdiction, as well as that of the o 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 p 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, q an Oath of Obedience to the Dean is ever Sworn, and to be Sworn, by every Prebendary or Canon at his Admission; and this ac∣cording to the Statute, (not only of the King and Bishop Osmund, but) even of Bishop r Roger Himself. But no such Oath unto the Bishop (through∣out the whole Statute-Book) is to be taken by any Member of our Cathedral. His Lordship knows, that All are liable to the Corrections s of the Dean within the Church, but not One unto the Bishop. Decanus omnibus Canonicis & Vicaries prae∣est,

quoad Regimen Animarum, & Correctionem Mo∣rum. His Lordship knows, that at Morning and Evening Prayers, after the Tolling of the Bell, no t Person is to be staid for, (ne Episcopus quidem Ipse) except the Dean. His Lordship knows, in de∣fect of Residence, the Canons were to be Mulct or Fined u secundum Consilium Decani, (not Epis∣copi,) and that by a Statute which was confirmed ('tis an Argument ad hominem) Autoritate Apostol∣ica. His Lordship knows, that the Dean (as w Petrus de Subaudia) made Statutes of himself, ap∣roved of, and ratified, by the Bishop and the Chapter ex Parte Post. But never any Bishop pre∣sumed to make any Statute, without the Concur∣rence of Dean and Chapter. His Lordship knows, the Dean's Power x 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 y Iewel, to be Totius Collegii Pater, & Sanctae Socie∣tatis 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 Posses∣sion and Commons, z suo Iure, in one place, and (in another) sua sola Autoritate; and to receive a an ounce of Gold from every Canon whom he Installs, though now 'tis dwindled into a Mark; and to challenge for Himself and his Retinue b, de Iure & Dignitate sua, from every Preben∣dary

or Canon, by whose Corps he shall pass in any Journey, one days plentiful Entertainment, with a laute percipiet, & ad Libitum. Briefly, Our Sta∣tutes give more respect unto the Dean, than the Dean can desire, or look for; and such as I am loath to mention. But it c appears by the Old Statute-Book, lent by Dean Brideoak to the present d Lord Bishop, Iuly 10. 1672, by whom it is not yet restored, as D. Brideoak left it under his hand, when he went hence to the See of Chichester. That, and Bishop Poor's Register are to this day concealed from me.

I will Conclude with this one signal Observa∣tion, That of All the Monarchs of England, who have deprived the Bishops of Sarum of many Jewels in their Mitres; not any One of them ever took any thing from the Deans, because Originally the Deans of their Royal Chapel, and Virtualiter ever since.

Notes

• a

  Coke Instit. Part. 1. Sect. 648 P. 344.
• b

  Inst. Part. 4. c▪ 1. p. 44.
• c

  Rot. Parl. 42. Ed. 3. n. 7. ibid p. 14.
• d

  25 H. 8. and 1 Ed. 6. 2.
• e

  1 Inst. l. 2. c. 6. f. 94. 97. And l. 3. c. 11. Sect. 648. p. 344.
• f

  Dr. Burnet's Hist. of Reformation. Part. 1. p. 265. and Part 11. p. 2. 7.
• g

  1 Ed. 6. cap. 2. Rast 9. Wingat. Sect. 15. 25 H. 8. c. 10.
• h

  See the 14th. Collect. to the 1st part of the Hist. of Refor. p. 184, 185.
• i

  Coke 2. Inst. c. 6. upon Magna Charta p. 15.
• k

  C. de Sacrosanct. Eccles. & de Episc. & Clericis.
• l

  Coke 2 Inst. on Magna Charta. c. 33. p. 68.
• m

  Selden. Ianus Anglorum. l. 2. c. 1. p. 48.
• n

  p. 116.
• o

  2 Inst. in Statutes of Employment. p. 742.
• p

  Fol. 46. 47. usque ad Fol. 59.
• q

  Regist. Harw. p. 66. 125.
• r

  Eadmerus l. p. 6. Seld Spic. p. 165. &
• s

  Spond Annal ad A D. 1237.
• t

  Cambden in Wilt.
• t

  Cambden in Wilt.
• u

  View of the Civil Law. part. 2. c. 1. Sect. 6. p. 104.
• w

  24 H. 8. c. 12. and 1 Eliz. c. 1. 2. 3.
• x

  Lib. Stat. ut fol. 38.
• y

  Conc. Imp. & Sacr. l. 8. c. 22. art. 7.
• z

  Coke 1. Inst. l. 1. §. 1. and part 2. in Stat. de Westm. c. 1. p. 501. praesertim. part 4. c. 7. 287.
• a

  Part 4. c. 76. p. 356.
• b

  23 Eliz. c. 1. 3. Iac. c. 4.
• c

  Code Hen. 4. l. 7. Tit. 1. Art. 47.
• c

  1 Instit. l. 1. c. 5. Sect. 35. fol. 30.
• d

  29 Ed. 3. Stat. 6.
• e

  Of many more Instances, These at present may suffice. In the Letters of Ch. I. May 18. in the 9th year of his Reign. And Feb. 8. the same year of Ch. II. Iul. 24. 1674. and Ian. 11. 1665. and Sept. 10. 1666. and Mar. 8. 1676. and Iun. 8. 1680. Besides many more Registred, and many which are not, but ought to be, and to have been.
• f

  Coke 1. Inst. l. 1. Sect. 31. fol. 27.
• g

  Stat. 14 Ed. 3. cap. 4.
• h

  Daniel in the Life of Rufus. p. 44.
• i

  Lord Coke out of the Parliament Rolls. 18 H. 3.
• k

  V. Cottoni Posthuma, p. 280. 281.
• l

  Hist. of the Rights of Princes, in disposing of Church Lands and Eccl. Promo∣tions. p. 322.
• m

  Guiccard in. Hist l. 4.
• n

  Regist. ex An∣nal. Pontif. fol 3.
• o

  This in Scriptis was the Assertion of the present Bishop of Sa∣rum Dr. Ward's, in Answer to the Dean's Narrative,
• p

  Hist. Reform. Part 2. lib. 1. p. 6. 7, 8, & 9.
• q

  Part. 3. C. 4. Sect. 4. p. 190.
• r

  Bishop God win in his account of Rich. Poor. p. 276. & Spondanus supra.
• s

  The Established Church. c. 12. p. 144. &c.
• t

  25 Edw. 3. Stat. 6.
• u

  Coke Inst. Part. 2. upon Magna Charta c. 1. p 3. where Fleta, Bracton, Glanvil and others are cited by him.
• w

  See Bishop Sanderson's said Book, especially pag. 30. 31. to pag. 34. 35. &c.
• x

  In ibid. p. 45 where Bishop Sanderson cites the Statute of 1 Ed. 5. and makes an wholesom use of it, p. 45, which compare with 1 Eliz. c. 1.
• y

  Baronius A. D. 1059. n. 23.
• z

  Littleton §. 64••. & Coke upon him. p. 344.
• a

  Pa••lo Scarpi, ubi Supra. n. 77. pag. 23.
• b

  Stat. 1. Elizab. 1.
• c

  Coke 1. Inst. l. 3. fol. 344.
• d

  Westm. 1. 49. & 3. Ed. 1. Wing. p. 378.
• e

  Coke ubi supra Inst. p. 3.
• f

  1 Inst. l. 1. Sect. 1. & Stat. de Westm. c. 1. p. 501.
• h

  Coke 1. Inst. l. 2. c. 11. Sect. 136. f. 96.—a. and f. 344.
• i

  2 Inst. c. 19. p. 298.
• i

  2 Inst. c. 19. p. 298.
• k

  1. Eliz. c. 1. § 1.
• (g) Eus•• in vita Constantini, l. 4. c. 24.
• l

  Paulus Scarpius ubi supra. n. 85. 86. 87. Tancredus and Lindwood Provin. l. 3. Tit. 2. pag. 125. 126.
• m

  W. Malm. Hist. nov. l. 2. Sub initium. Flor. Wig. ad An. 1086. Hoveden ad eundem. An. Daniel in the Life of Rufus. p. 48. Eadmer. p. 55. & 117.
• n

  Cambden in Wilt. calls them all the States of England and saith that of every penny of the 3d. penny of Sarum the King had 20. s.
• o

  To whom add Daniel, p. 48. a good Historian, tho' not an old one.
• p

  A. D. 1133. Dan in his Life. p. 57.
• q

  Eadmer p. 187. Flor. Wigorn. & Rog. Hoved. ad an. 1116.
• r

  W. Malm. de Pontif. l. 2. f. 142.—b.
• s

  Daniel in King Stephen. p. 61.
• t

  Camden in Wilt.
• u

  Bishop Godwin in Roger, the 3d. Bishop of Sarum.
• w

  Ego Osmundus notifico, Ecclesiam Sarisb. me construx∣isse, & in ea Canonicos constituisse, &c Mag. Char. Osmundi in Statut. de Collatione Prebendarum. f. 36.—b. 37.—a.
• x

  What is said by Malmsb. f. 161. (fol. 91. edit. London) is not said of Bishop Herman, but Bishop Roger, who being after Os mund, makes it nothing to the purpose. Besides, that 'twas written when Roger was in Greatness, and flattered for it, De gestis Reg. l. 5.
• y

  See H. Knighton, apud. Bee. fol. 2351. and Bish. God∣win, p. 272. & Osmund's Chartar. ubi supra.
• z

  Will. 1. was so eminent for Devotion, that 'twas confessed by his Haters So saith Daniel in the Life of Will. 1. p. 43. Rad. de. Diceto A. D. 1072. p. 485.
• a

  Registr. Jo. Davysone. Dec. A. D. 1375. fol. 13.
• b

  Regist. Davysoni fol. 3.
• c

  Flor. Wig. A. D. 1092. with whom agrees Hoveden; & Simeon Dunelmensis, and Petrus Blesensis cited by Camden in Wilt.
• d

  Regist. Jo. Davysoni. s. 3.—a. &c. inter ges∣ta Richardi Episcopi Sarum.
• e

  Evidentiarum. Tom. 20. f. 120.
• f

  Camden in Wilt. names but one or two Bishops, whoever had it, But a Long Train of Earles, who had part of the Old Castle for a dwelling House a long time after the removal of the Cathedral & Towns∣men.
• y

  De Pontif. ubi Supra.
• Malm. Novel. l. 5.
• z

  Castrum Comitis, (non Episcopi) Matth. Paris fol. 439. Camden in Wilts. Bishop God win p. 280.
• a

  Minist••••. D. Regis,
• b

  Inf••a Castrum Domini Regis.
• c

  Volentes Privilegium Illud in perpetuá firmitate ma∣nere.
• Burton de Libertate Capellarum Domini Regis, 1245
• d

  Judge Ienkins, p. 24. say, 'Tis Treason to pay Obedience to the Pope, or to any other than to the King. For which he cites 23 Eliz. cap. 1. and 3 Jac. cap. 4. §. 22, 23.
• b

  25 Ed. 3. c. 22. 7 Rich. 2. c. 12.
• e

  Dignitas est Decani, & omnium Can••nicorum, &c.
• e

  Dignitas est Decani, & omnium Can••nicorum, &c.
• f

  1 Ed. 6. cap. 2. §. 3. 1 Eliz. cap. 1. §. 17, 18, & 8 Eliz. cap. 1.
• (g) Cok•• 1. Inst. l. 2. cap. 11. 134.
• h

  27 Ed. 3. Cit. Praem. cap. 1. With which Statute compare 25 Ed. 3. cap. 22. and 7 Rich. 2. cap. 12. where that King de∣lares•• against his granting any such Licence as is pretended.
• i

  16 R. 2. cap. 5. Hist. Concil. Trident. l. 5. pag. 101. An. 1551.
• k

  Of the 32 Acts are those of 50 Ed. 3. cap. 1. & 2. A. D. 1376. & 1 Rich. 2. cap. 1. & 34 Ed. 1. St. 4. cap. 4. & 4 H. 4. cap. 3.
• l

  Paolo Sarpi. N. 74. p. 22.
• m

  Lib. Statut.
• n

  That is, The Conqueror himself, from whom Captain Os∣mund had all he had in the World, and did hold by Knights Ser∣vice, or any whom ••he said Osmund might have entrusted or em∣ployed.
• o

  Sir T. Ridley's View of the Civil Law, part 3. cap. §. 2. pag. 172, 173.
• p

  De Septe••nio in Septennium dunta••at.
• q

  Fol. 67. 2.
• r

  Fol. 65.
• s

  65.
• t

  Fol 63.
• u

  Fol 63.
• w

  See 25 Hen. 8. 20. & 26 Hen. 8. 1. & 1 Eliz. 1. §. 17. n. I. & §. 18. n. 1. and other Statutes recited 8 Eliz. cap. 1.
• x

  Testante Blacker Notar. Publ. f. 89.
• y

  St. fol. 44. b.
• z

  D. D. Longland. Harwards Acts. pag. 61. 125.
• a

  Dated Jun. 20. 1683.
• b

  From London House, May 7. 1668.
• c

  H. 8. Ed. 6. and Q. Eliz. Of whose Visitations the Bishop had written a little before.
• d

  Subaudi Residentiâ.
• e

  Per Stat. Decani Richardi & Capituli, à Rogero de Morti∣val Episcopo confirmati. 1214.
• f

  Modò Verbo Dei, aut Praerogativae Regiae non repugnent, Can. 42.
• g

  De Finibus Canonicorum ad Residentiam Receptorum. St. fol. 58, 59.
• h

  This is a short account of the Statute at large 1 Eliz. cap. 1. §. 17, & 18. compared with 25 Hen. 8. cap. 19. & 26 Hen. 8. cap. 1.
• i

  Stat. fol. 62, 63. bought at Rome of P. Boniface the IXth, 1392. and Stat. fol. 59, 60. bought of a Pope and no Pope, Eu∣genius the IVth, 1442.
• k

  See §. 1.
• l

  §. 2.
• m

  §. 6, n. 3.
• n

  E. g. those of Hen. 8. Stat. fol. 72, 73, 74. which com∣pare with fol. 12 & 13. and with that made lately, An. Dom. 1672.
• o

  Nullus alius, praeter Regem, potest habenti Iurisdictionem Episcopalem, demandare Inquisitionem. A Maxim somewhere in my Lord Coke.
• p

  Stat. fol. 21, & fol. 86. Rog. St. de Test. Dec. insinuandis.
• q

  St. de Admissione & Residentiâ Cano∣nicorum. cap. 2.
• r

  Stat. Com. fol. 9.
• s

  Vet. Charta Osmundi ubi supra.
• t

  Fol. 12. b.
• u

  Fol. 13. 2.
• w

  Fol. 8. fol. 12. fol. 21. & fol. 25. b. & alibi passim.
• x

  Vet. Regist. fol. 3. & Antiqu. St. 89. & Prancisc. D. Bridges, p. 175.
• y

  Stat. de M••niis Clausi reparand. p. 60.
• z

  Reg. Bridg. 172.
• a

  Ibid. pag. 175. & in Cod. Originali fol. 3. Stat. Rog. fol. 9. b. 1319.
• b

  St. Com. fol. 47. a. Lib. Statut. Nigr. pag. 93.
• c

  Pag. 89
• d

  Bishop Ward.