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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A29199	A just vindication of the Church of England, from the unjust aspersion of criminal schisme wherein the nature of criminal schisme, the divers sorts of schismaticks, the liberties and priviledges of national churches, the rights of sovereign magistrates, the tyranny, extortion and schisme of the Roman Communion of old, and at this very day, are manifested to the view of the world / by ... John Bramhall ...	Bramhall, John, 1594-1663.	1654 (1654)	Wing B4226; ESTC R18816	139,041	290

the time of his health and upon his death-bed for which he was stiled Romanorum malleus The hammer of the Romans whereby he so much irritated the Pope that he would have deposed him and accursed him in his life time if he had not been disswaded by his Cardinals in respect of the learning and holinesse and deserved reputation of the Bishop And after his death would have had his Corps disinterred and buried in a dunghill but that the Bishop appeared to him the night before and gave him or seemed to give him such a shrewd remembrance partly with words and partly with his crosier staffe that the Pope was much terrified and half dead so that he could neither eat nor drink the day following The Pope excommunicated Sewalus the Archbishop of York with Bell Book and Candle But non curavit voluntati papale relicto Iuris rigare muliebriter obedire Quapropter quant● magis praecipient Papa maledicebatur tanto plus a populo benedicebatur tacite tamen propter metum Romanorum He cared not to submit womanishly to the Popes will leaving the streight rule of the Law wherefore the more he was accused by the Popes command the more he was blessed of the People but secretly for fear of the Romans In his last sicknesse he summoned the Pope before the Tribunall of the high and incorruptible Judge and called Heaven and Earth to be his witnesses how unjustly the Pope had oppressed him Dixit Dominus Petro c. The Lord said unto St. Peter feed my sheep not clip them not flea them not unbowell them not devoure them They who desire to know what opinion the English had of the greedinesse and extortion of the Court of Rome may find them drawn out to the life by Chaucer in sundry places Such thriving Alchymists were never heard of in our daies nor in the daies of our fore-Fathers that with such ease and dexterity could change an ounce of lead into a pound of gold So they had great reason to say of England that it was a Well that could not be drawn dry And England had as much reason to whip these Buyers and Sellers out of the Temple This complaint is neither new nor particular as we shall see further in due place The second ground of our Ancestors separation of themselves from the Court of Rome were their most unjust usurpations and daily incroachments and intrenchments and extream violations of all sorts of rights civill and Ecclesiastical sacred and prophane They indeavoured to rob the King of the fairest flowers of his Crown As of his right to convocare Synods and to confirm Synods within his own dominions of his Legislative and judiciary power in Ecclesiasticall causes of his Politicall Jurisdiction over Ecclesiastical persons of his Ecclesiasticall Feuds and Investitures of Bishops of his just Patronages of Churches founded by his Ancestors and of the last appeals of his subjects And as if all this had been too little taking advantage of King Iohns troubles they attempted to make the royall Sc●pter of England Feudotary and tributary to the Crosier staffe of Rome at the annuall rent of a thousand marks Neither is this the case of England alone seeing they make the like pretensions in matter of fact almost to all Europe To say nothing now of that Dominion which some of them have challenged indirectly others directly over Soveraign Princes Nos imperia regna principatus et quicquid habere mortales possunt au●erre et dare posse We have power to take away and to give Empires Kingdoms Principalities and whatsoever mortal men can have because I confesse that it is not generally received by the Roman Church Mr. Blackwell made Archpriest of England by Clement the eighth cites Cardinall Allen with much honour to his memorie but much scandalized at his doctrine that none can be admitted King of England without the Popes leave His words are these Without the approbation of the See Apostolique none can be lawfull King or Queen of England by reason of the ancient accord made between Alexander the third the year 1171. and Henry the second then King when he was absolved for the death of St. Thomas of Canterbury That no man might lawfully take that Crown nor be accounted as King till he were confirmed by the Soveraign Pastor of our souls which for the time should be This accord afterwards being renewed about the year 1210. by King Iohn who confirmed the same by oath to Pandulphus the Popes Legate at the speciall request and procurement of the Lords and Commons as a thing most necessary for preservation of the Realm from unjust usurpation of Tyrants and avoiding other inconveniences which they had proved and might easily fall again into by the disorder of some wicked King To which he adds with the like disapprobation a like testimony of Stanislaus Christa novic a Polonian author who infers upon the former ground that the Pope may depose the King of England as being but a tributary King his words are these Illud impie Legislatores per jusjurandum extorquent a Catholicis c. The law-makers do impiously by an oath extort this from Catholicks to deny that the King may be deposed by the Pope and his Kingdomes and Countries by him disposed of For if by an Honourable and pious grant the Kingdome hav become tributary to the Pope why may he not dispose of it Why may he not depose the Prince being refractory and disobedient Thus a bold stranger altogether ignorant of our histories and of our lawes shoots his bolt at all adventures upon the credit of a shamefull fiction but from whom did they learn this lesson even from the Pope himself Bishop Grosthead had been a little bold with the Pope for his extorting courses calling him Antichrist and murtherer of Souls and comparing the Court of Rome to Behemoth that putteth his mouth to the river Jordan thinking to drink it up and stiling the oppression of the English Nation an Aegiptian Bondage He had good reason for the Court of Rome in those daies was grown past shame rubore deposito and consequently past grace The Pope irritated with this usage breaks out into this passionate expression Nonne Rex Anglorum noster est Vasallus et ut plus dicam mancipium Is not the King of England our Vassal or rather our Slave Or rather are these fit guests to be entertained in a Kingdom that make no more of our Soveraign Princes then their Vassals and Slaves who can neither be admitted to the Crown without their leave nor hold it but by their grace This relation of Cardinal Allen brings to my remembrance the question of Neoptolemus to Vlisses when he should have taught him the Art of lying how it was possible for one to tell a lie without blushing The Arch-Priest is much more ingenuous affirming that the assertions touching both the said Kings for matter of fact

the reformation and the Church of England after the reformation are as much the same Church as a garden before it is weeded and after it is weeded is the same garden or a vine before it be pruned and after it is pruned and freed from the Luxuriant branches is one and the same vine yet because the Roman Catholiques do not object Schisme to the Popish Church of England but to the reformed Church Therefore in this question by the Church of England we understand that Church which was derived by lineal succession from the Brittish English and Scottish Bishops by mixt ordination as it was legally established in the daies of King Edward the sixth and flourished in the raigns of Queen Elizabeth King Iames and King Charles of blessed memory and now groanes under the heavy yoke of persecution whether this Church be Schismatical by reason of its secession and separation from the Church of Rome and the supposed withdrawing of its obedience from the Patriarchal Jurisdiction of the Roman Bishop As for other aspersions of Schisme of lesser moment we shall me●● with them in our answers to their Objections CHAP. III. That the separation from Rome was not made by Protestants but by Roman Catholicks themselves THis being the state of the Question I proceed to examine the first ground or proposition That the English Protestants were not the first authors of the separation but principall Roman Catholiques great Advocates in their dayes and Pillars of the Roman Church Whether the Act or Statute of Separation were operative or declarative creating new right or manifesting or restoring old right whether the power of the Roman Court in England was just or usurped absolute and immutable or conditional and changeable whether the possession thereof was certain and settled or controverted and unquiet though no man throughly versed in our Lawes and Histories can reasonably doubt of these things This is undeniably true that the secession and substraction of obedience was not made by our reformers or by any of their friends or favourers but by their capital Enemies and persecutors by Zelots of the Roman Religion And this was not done secretly in a corner but openly in the sight of the Sun disputed publickly and determined before-hand in both our Universities which after long deliberation and much disputation done with all diligence zeal and conscience made this final resolution and profession Tandem in hanc sententiam unanimiter convenimus ac concordes fuimus videlicet Romanum Episcopum majorem aliquam Iurisdictionem non habere sibi à deo collatam in sacra Scriptura in hoc Regno Angliae quam alium quemvis externum Episcopum That the Roman Bishop had no greater Iurisdiction within the Kingdome of England confe●red upon him by God in holy Scripture then any other forrein Bishop After this the same was voted and decreed in our National Synods and lastly after all this received and established in full Parliament by the free consent of all the Orders of the Kingdom with the concurrence and approbation of four and twenty Bishops and nine and twenty Abbats then and there present To passe by many other Statutes take the very words of one of the main Acts it self That England is an Empire and that the King as Head of the body politick consisting of the spirituality and temporalty hath plenary power to render final Iustice for all matters c. First England is that is originally not shall be by vertue of this Act what is it an Empire If it be an Empire then the Soveraignes thereof have the same priviledges and prerogatives within their own Dominions which the old Emperours had in theirs If the King be head of the body politick consisting of the spi●ituality and temporalty then in England the King is the political head of the Clergy as well as of the Laity So he ought to be and not he onely but all the Soveraign Princes throughout the World by the very Law of Nature What becomes now of that grand exception against Protestants for making their King the Head or Soveraign Governour for these two are convertible terms of the English Church or Clergy A title first introduced by Roman Catholicks and since waved and laid aside by Protestants not so much for any malignity that was in it as for the ill sounds sake because it seemed to intrench too much upon the just right of our Saviour and being subject to be misunderstood gave offence to many well affected Christians And what doth this Law say more then a great Cardinal said not long after One that was as near the Papacy as any that ever mist it and was thought to merit the Papacy as well as any that had it in his daies I mean Cardinal Pool in his Book de concilio Hoc munus Imperatoribus Christi fidem professis Deus ipse Pater assignavit at Christi filii dei vica●ias partes gerant God the Father hath assigned this office to Christian Emperours that they should act the part of Christ the Son of God in General Councels And yet more fully in his answer to the next question Pontifex Romanus ut caput sacerdotale Vicarias Christi veri capitis partes gerit at Caesar ut caput regale c. The Pope as a Priestly head doth execute the Office of Christ the true Head but we may also truly say that the Emperour doth execute the office of Christ as a Kingly Head And so he concludeth Christ said of himself All power is given me both in heaven and earth In utraque ergo potestate c. Therefore we cannot doubt but Christ hath his Deputies for both these powers The Pope in the Church the Emperour in the Common-Wealth Thus writes the Popes own Legate to his Brother Legates in the Tridentine Councel when he desired to favour his Master as much as he could But I proceed to our Statute The King of England hath that is already in present by the fundamental constitution of the Monarchy not shall have from henceforth plenary power without the License or help or concurrence of any forrain Prelate or Potentate ple●ary not solitary To render final Iustice that is to receive the last appeales of his own Subjects without fear of any review from Rome or at Rome for all matters Ecclesiastical and temporal Ecclesiastical by his Bishops Temporal by his Judges There is great difference between a Kings administring Justice in Ecclesiastical causes by himself and by his Bishops Listen to the Canon of the Milevitan Councel It hath pleased the Synod that what Bishop soever shall request of the Emperour the cognisance of publick judgment in some cases he be deprived of his honour But if he petition to the Emperour fo● Episcopal judgment that is to make Bishops his Deputies or Commissioners to hear it it should ●not prejudice him They forbid a Bishop of his own accord in these daies and in some cases to make his first

the severity of our Lawes or the rigour of our Princes since the reformation a motive to his revolt from our Church Surely the Inquisition was quite out of his mind but I meddle not with forrein affaires He might have considered that more Protestants suffered death in the short Raign of Queen Mary Men Women and Children then Roman Catholicks in all the longer Raignes of all our Princes since the Reformation put together The former by fire and faggot a cruel lingring torment ut sentirent se mori that they might feel themselves to die by degrees The other by the gibbet with some opprobious circumstances to render their sufferings more exemplary to others The former meerly and immediately for Religion because they would not be Roman Catholicks without any the least praetext of the violation of any political Law The latter not meerly and immediately for Religion because they were Roman Catholicks for many known Roman Catholicks in England have lived and dyed in greater plenty and power and reputation in every princes raign since the Reformation then an English Protestant could live among the Irish Roman Catholicks since their insurrection If a subject was taken at Masse it self in England which was very rare it was but a pecuniary mulct No stranger was ever questioned about his religion I may not here omit King Iames his affirmation That no man in his Raign or in the Raign of his predecessor Queen Elizabeth did suffer death for conscience sake or Religion But they suffered for the violation of civil Lawes as either for not acknowledging the political Supremacy of the King in Ecclesiastical causes over Ecclesiastical persons which is all that we assert which the Roman Catholicks themselves in Henry the Eighth's daies did maintain as much or perhaps more then we We want not the consent of their own Schooles or the concurrent practise of Kings and Parliaments of their own communion As Sancta Clara doth confesse Valde multi doctores c. very many Doctours do hold that for the publick benefit of the Commonwealth Princes have Iurisdiction in many causes otherwise being of Ecclesiastical cognisance by positive Divine Law and by the Law of Nature And though himself seem rather to adhere to others who ascribe unto them meerly a Civil power yet he acknowledgeth with the stream of Schoolmen that by their Soveraign Office by accident and indirectly for the defence of the Common-wealth and the preservation of publick Justice and peace they have great power over Ecclesiastical persons in Ecclesiastical causes in many cases As they may command Bishops to dispose their spiritual affaires to the peace of the Common-wealth They may remove the froward from their offices They may defend the oppressed Clergy from the unjust oppressions of Ecclesiastical Iudges c. which he confesseth to be as much as our Article setteth forth What the practise of other Kings and Princes is herein we shall see more fully when I come to handle my fifth Proposition Or else for returning into the Kingdome so qualified with forbidden orders as the Lawes of the Land do not allow The State of Venice doth not the Kingdom of France hath not abhorred from the like Lawes Or lastly for attempting to seduce some of the Kings Subjects from the Religion established in the Land In all these cases besides religion there is something of Election He that loves Danger doth often perish in it The truth is this An hard Knott must have an heavy Mall Dangerous and bloody positions and practises produce severe lawes No Kingdom is destitute of necessary remedies for its own conservation If all were of my mind as I believe many are I could wish that all Seditious Opinions and over rigorous statutes with the memory of them were buried together in perpetual oblivion I hold him scarce a good Christian that would not cast on one spade full of earth towards their interrement Pardon this digression if it be one Cruelty is a Symptome of Schisme Secondly I answer that though the Romanists could be contented to brand their own friends for the principall Schismaticks yet they shall never be able to prove us accessaries or fasten the same Crime upon us who found the separation made to our hands who never had any thing to do with Rome who never ought them any Service but the reciprocall duty of love who never did any act to oblige us to them or to disoblige us from them indeed it were something if they could produce a patent from Heaven of the Popes Vicariate Generall under Christ over all Christians But that we know they can never do Or but so much as an old Canon of a generall Councel that did subject us to their Jurisdiction So as the same were neither lawfully revoked nor their power forfeited by abuse nor quitted by themselves untill then they may withdraw their charge of Schisme Nay yet more though they could justifie their pretended title yet we acting nothing but preserving all things in the same condition we found them are not censurable as formal Schismaticks whilest we erre invincibly or but probably and are implicitely prepared in our minds to obey all our just Superiours so far as by law we are bound whensoever we shall be able to understand their right There have been many Schismes in the Roman Church it self Sometimes two Popes sometimes three Popes at a time One Kingdome s●bmitted to one this to another that to a third every one believing him to whom he submitted to be the right Pope and every one ready to have submitted to the right Pope if they had known who he was Tell me were all those that submitted to Antipopes presently Schismaticks That were too hard a censure The Antipopes themselves were the Schismaticks and the Cardinals that Elected them and all these who supported them for avaritious or ambitious or uncharitable ends We may apply to this purpose that which St. Austin said concerning Haereticks Qui sententiam suam quamvis falsam atque perversam nulla pertinaci animos●●ate defendit praesertim quam non audacia praesumptionis suae pepererit sed à seductis et in errorem lapsis parentibus accepit quaerit autem cauta solicitudine veritatem c●rrigi paratus cum invenerit n●quaquam est inter haereticos deputandus He that defends not his false opinion with Pertinacious animosity having not invented it himself but learned it from his ●rring parents If he inquire carefully after the truth and be ready to embrace it and to correct his errors when he finds them he is not to be reputed an Heretick If this be true in the case of Heresie it holds much more strongly in the case of Schism especially that Schism which is grounded only upon Humane constitutions He that disobeys a Lawful Superiour through invincible ignorance whom he deserted not himself but found him cast off by his parents if he be careful to understand his duty and ready to submit so far

swim in abundance were changed into a competent maintenance And lastly So as all opinion of satisfaction and supererogation were removed I do not see why monasteries might not agree well enough with reformed devotion So then Henry the eighth at the time of his secession from Rome and long after even so long as he lived was neither friend nor favourer of the ensuing reformation nor ordinarily of Protestants in their persons As may yet more manifestly appear by that cruel statute of the Six Articles which he made after all this in the one and thirtieth year of his raign as a trap to catch the Lives of the poore Protestants A Law both writ in blood and executed in blood But suppose that Henry the eighth had been a friend to Protestants what shall we say to all the Orders of the Kingdom what shall we say to the Synods to the Universities to the four and twenty Bishops and nine and twenty Abbats who consented to this Act were all these Schismaticks were Heath Bonner Tonstall Gardiner Stokesley Thurleby c. all Schismaticks If they were then Schismaticks were the greatest opposers of the reformation the greatest enemies of the Protestants and the greatest pillars and upholders of the Roman religion These were they that granted the Supremacy to King Henry the eighth Archbishop Warham told him it was his right to have it before the Pope These were they that preached up the Supremacy of the King at S. Paul's Crosse and defended his Supremacy in printed books These consented to the Acts of Parliament for his Supremacy and the extinguishing of the power of the Roman Bishop in England These were they who helped to make the oath of Supremacy and took it themselves and all others of any note throughout England except onely Fisher Bishop of Rochester and Sir Thomas Moor who were in prison before it was enacted for opposing the Kings Marriage and the succession of his Children to the Crown after it was ordained in Parliament And wise men have thought that the former had taken it if he had not been retarded by the expectation of a Cardinals hatt which was come as far as Calice Or rather what shall we say to the whole body of the Kingdome if we may believe the testimony of Stephen Gardiner Bishop of Winchester a learned person of very near relation to King Henry and in all other things a great Zelot of the Roman Catholick party in his book of true obedience published with a Preface to it made by Bishop Bonner Thus he No forrein Bishop hath authority among us All sorts of people are agreed with us upon this point with most stedfast consent that no manner of person bred or brought up in England hath ought to do with Rome A full confession of an able adversary to which I see not what can be excepted unlesse it be said of him as it was of Aeneas Sylvius Stephanus probavit Wintoniensis negavit Doctour Gardiner approved it but the Bishop of Winchester retracted it Admit it were so as it was indeed what is that to the stedfast unanimous consent of the whole Kingdome which appears not onely from hence but from Tonstal's Epistle to Cardinal Pool and Bekenshaws Commentary of the Soveraign and absolute power of Kings As likewise of the difference between Kingly and Ecclesiastical power And lastly and principally by a book set forth by the English Convocation called The Institution of a Christian man And to shew yet further that Ireland was unanimo●●●●erein with England we find in the three and thirtieth year of Henry the eighth which was before all thoughts of reformation not the Irish only as the O Neales O Relies O Birnes O Carols c. but also the English Families as the Desmonds Barries R●ches Bourks whose posterities do still continue Zealous Romanists did make their submissions by Indenture to Sir Anthony Sellenger then chief Governour of that Kingdom wherein they acknowledged King Henry to be their Soveraign Lord and confessed the Kings Supremacy in all causes and utterly renounced the Iurisdiction of the Pope So the Bishop of Winchester might well say that there was an Universal and stedfast consent in the separation from Rome The second exception weighes so little that it scarce deserveth an Answer Admitting but not granting that any or all the calumnies of that party against Henry the eighth were true whereof divers by their impossibility and by the contradiction of their authors do carry their own condemnation written in their foreheads And although Henry the eighth had been our Reformer as he was not yet all this would signifie nothing as to this present question God doth often good works by ill agents Iehu's heart was not upright towards the Lord yet God used him as an Instrument to reform his Church and to punish the worshippers of Baal We have heard of late of an aggregative treason not known before in the world But never untill now of an aggregative Schisme The addition of twenty sins of another nature cannot make that to be Schisme which is not Schisme in it self We are sorry for his sins under a condition that is in case they were true which for part of them we have no great Reason to believe But we are absolutely without condition glad of our own liberty The truth is God Almighty did serve himself of a most unlawful dispensation granted by the Pope to King Henry the eighth to marry his brothers Wife as an occasion of this great work I say unlawful because it was after judged unlawful by the Universities of England France Italy after mature deliberation and some of them upon oath and by above an hundred forrein Doctours of principal reputation for learning The coales of the Kings suspicion were kindled in Spain France and Flanders no enemies to the Pope and blown by Cardinal Wolsey for sinister ends But it was Cranmer that struck the nail home And God disposed all things to his own glory To their third exception That to withhold obedience is Schismatical as well as to withdraw it I answer first that they cannot accuse us as accessaries to Schisme until they have first condemned their own great Patrons Champions and Confessours for the principal Schismaticks Did Roman Catholicks themselves find right and sufficient reason to turn the Pope out of England at the foredoor in fair daylight as an intruder and usurper And do they expect that Protestants who never had any relation to him should let him in again by stealth at the back-door Turpius ejicitur quam non admittitur hospes It is true Queen Mary afterwards gave him houseroom again in England for a short time But he raged so extreamly and made such bonefires of poor innocent Christians in every corner of the Kingdome that it is no marvail if they desired his room rather then his company I have often wondred how any rational man could satisfie himself so as to make