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england_n	earl_n	king_n	marry_v	9,353	5	9.3213	5	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A29205	Schisme garded and beaten back upon the right owners shewing that our great controversy about Papall power is not a quaestion of faith but of interest and profit, not with the Church of Rome, but with the Court of Rome : wherein the true controversy doth consist, who were the first innovators, when and where these Papall innovations first began in England : with the opposition that was made against them / by John Bramhall.	Bramhall, John, 1594-1663.	1658 (1658)	Wing B4232; ESTC R24144	211,258	494

no such power in the Pope to absolve Subjects from their allegiance in our Law With us Clergymen did ever pay Subsidies and taxes as well as lay men This is one Liberty which England hath not to admit of the Popes Lawes unlesse they like them A second Liberty of England is to reject the Popes Lawes in plaine termes The Pope made a Law for the Legitimation of Children borne afore Matrimony as well as those borne in Matrimony The Bishops moved the Lords in Parliament that they would give their consent to the Common Order of the Church But all the Earles and Barons answered with one voice that they would not change the Lawes of the Realm which hitherto had been used and approved The Popes legislation could not make a Law in England without the concurrence of the three Orders of the Kingdome and they liked their own old Lawes better then the Popes new Law A Third Liberty of England is to give a legislative Interpretation to the Popes Lawes which the Pope never intended The Bishop of Rome by a constitution made at the Councell of Lions excluded Bigamists men twice Married from the Privilege of Clergy that is that should Marry the second time de futuro But the Parliament made an Act that the constitution should be understood on this wise that whether they were Bigamists before the constitution or after they should not be delivered to the Prelates but Iustice should be executed upon them as upon other Lay people Ejus est Legem Interpretari cujus est condere They that can give a Law a new sense may abrogate it if they please A fourth Liberty of England is to call the Popes Lawes Vsurpations Encroachments Mischiefs contrary to and destructive of the Municipall Lawes of the Realme derogatory to the Kings Regality And to punish such of their Subjects as should pursue them and obey them with Imprisonment with Confiscation of their Goods and Lands with outlawing them and putting them out of the Kings Protection Witnesse all those noble Lawes of Provisors and Premunire Which we may truely call the Palladium of England which preserved it from being swallowed up in that vast Gulfe of the Roman Court made by Edward the first Edward the third Richard the second and Henry the fourth All those Collations and Reservations and Provisions and Privileges and Sentences which are condemned in those Statutes were all grounded upon the Popes●Lawes and Bulls and Decrees which our Ancestors entertained as they deserved Othobon the Popes Legate in England by the Command of Vrban the fifth made a Constitution for the endowment of Vicars in Appropriations but it prevailed not whereas our Kings by two Acts of Parliament did easily effect it No Ecclesiastical Act is impossible to them who have a Legislative power but many Ecclesiasticall Acts were beyond the Sphere of the Popes Activity in England The King could make a spirituall Corporation but the Pope could not The King could exempt from the Iurisdiction of the Ordinary but the Pope could not The King could Convert Seculars into Regulars but the Pope could not The King could grant the Privilege of the Cistercians but the Pope could not The King could Appropriate Churches but the Pope could not Our Lawes never acknowledged the Popes plenitude of Ecclesiasticall power which was the ground of his legislation Euphemius objected to Gelasius that the Bishops of Rome alone could not condemne Acatius ab uno non potuisset damnari Gelasius answered that he was condemned by the Councell of Chalcedon and that his Predecessor was but the Executor of an old Law and not the Author of a new This was all the ancient Bishops of Rome did challenge to be Executors of Ecclesiasticall Lawes and not single Law makers I acknowledge that in his Epistle to the Bishops of Dardania he attributeth much to the Bishops of Rome wich a Councell but it is not in making new Lawes or Canons but in executing old as in the case of Athanasius and Chrysostome The Privileges of the Abby of Saint Austin in Englād granted by the Popes were condemned as null or of no validity because they were not ratified by the King and approved by the Peers William the Conquerer would not suffer any man within his Dominions to receive the Pope for Apostolicall Bishop but by his command nor to receive his letters by any meanes ●nlesse they were first shewed to him It is ●ikely this was in a time of Schisme when there were more Popes then one but is sheweth how the King did interest himself in the affaires of the Papacy that it should have no further influence upon his subjects then he thought fit He who would not suffer any man to receive the Popes letters without his leave would much less suffer them to receive the Popes lawes without leave And in his prescript to Remigius Bishop of Lincolne● know ye all Earles and Viscounts that I ●ave judged that the Episcopall or Ecclesiasticall lawes which have bene of force untill my time in the Kingdome of England being not well constituted according to the praecepts of the holy Canons should be amended in the common assembly and with the Counsaile of my Arch-Bishops and the rest of the Bishops and Abbats and all the Princes of my Kingdome He needed not the helpe of any forreine Legislation for amending Ecclesiasticall Canons and the externall regiment of the Church Now let us see whether the Libertyes of France be the same with our English Privileges The second Liberty is this The Spirituall Authority and power of the Pope is not absolute in Franee if it be not absolute then it is not singly Legislative but limited and restreined by the Canons and ancient Councells of the Church If it be lim●ted by Ancient Canons then it hath no power to abrogate Ancient Canons by new Canons Their ancient Canons are their Ecclesiasticall Lawes as well as ours and those must be received in that Kingdome They may be excellent Advisers without reception but they are no Lawes without publick reception Canons are no Canons either in England or in France further then they are received The third Liberty is No Command whatsoever of the Pope Papall decrees are his chief Commands can free the French Clergy from their Obligation to obey the Commands of their Soveraign But if Papall power could abrogate the ancient Lawes of France it did free their Clergy from their Obedience to their Soveraign Prince The sixteenth Liberty is The Courts of Parliament have power to declare null and voide the Popes Bulls whē they are found contrary to the Liberties of the French Church or the Prerogative Royall The twentieth Liberty The Pope cannot exempt any Church Monastery or Ecclesiasticall Body from the jurisdiction of their Ordinary nor erect Bishopricks into Arch Bishopricks nor unite them nor divided them without the Kings license England and France as touching their Liberties walk hand in hand To conclude the Popes

Clarendon by the Popes Mandate they had interdicted the Lands of Earl Hugh and had published an Excommunication without the Kings License which the Pope had given out against him All these Lawes continued still in force and were never repealed in England neither before Henry the eighth began the reformation nor since by Queen Mary but have ever continued iu full force untill this day Lastly for Legates and Legantine courts there could be no Appeale in Eugland to any Legate or Nuncio without the Kings leave but all Appeales must be from the Archdeacon to the Bishop from the Bishop to the Archbishop from the Archbishop to the King as we see expresly by the statute of Assise of Clarendon formerly cited The Kings of England did ever deem it to be an unquestionable right of the Crown as Eadmerus testifieth to suffer none to excercise the Office of a Legate in England if the King him self did not Desire it of the Pope upon some great quarrell that could not be so well Determined by the Arch-bishop of Canterbury and the other Bishops Which Privilege was consented unto by Pope Calixius By the Lawes of England if a Legate was admitted of Courtesy he was to take his Oath to doe nothing Derogatory to the King and his Crown Henry the sixth by the counsaile of Humphry Duke of Gloster the Protector protested against Pope Martin and his Legate that they would not admit him contrary to the Lawes and Libertyes of the Realm and dissented from whatsoever he did And when the Pope had recalled Cardinall Pooles Commission of Legate for England and was sending another Legate into England Queen Mary being very tender of her Kinsmans Honour for all her good affection to Rome was yet mindfull of this point of old English Law to cause all the Seaports to be stopped and all Letters Briefs and Bulls from Rome to be intercepted and brought to her Shee knew this was an old English not a new protestant Privilege Neither would she ever admit the new Legate to appeare as Legate in her presence Now let us see how these old English Customes doe agree with the French Liberties The Pope cannot send a Legate a latere into France with power to Reform Iudge Collate dispense except it be upon the desire or with the Approbation of the most Christian King Neither can the Legate execute his Charge untill he hath promised the King under his Oath upon his holy Orders to make no longer use of the Legantine power in the Kings Dominions then it pleaseth him That he shall attempt nothing Contrary to the Liberties of the Gallicane Church And it is lawful to Appeale from the Pope to a future Councell Another Liberty is The Commissions and Bulls of Popes are to be viewed by the Court of Parliament and registred and published with such Cautiōs as that Court shall Iudge expedient A third Liberty is Papall Bulls Sentences Excommunications and the like are not to be executed in France without the Kings command or Permission Lastly neither the King nor his Realm nor his Officers can be Excommunicated nor Interdicted by the Pope And as England and France so all the seventeen Provinces did enjoy the same Privileges as appeareth by the Placaet of the Councell of Brabant dated at Bruxelles May 12 An. 1653. Wherein they declare that it was notoriously true that the subjects of those Provinces of what State or Condition soever that is the Clergy as well as the Laity cannot be cited or convented out of the Land no not before the Court of Rome it self And that the Censures Excommunications c of that Court might not be published or put in execution without the Kings Approbation It seemeth that if the Pope had any judiciary power of old he must seek it nearer Home People had no mind to goe over the Alpes to seek for Justice And that Ordinance of Sainct Cyprian had place every where among our Ancestours Seing it is decreed by all and it is equall and just that every mans cause be heard there where the Crime was committed and a Portion of the Flock is assigned to every Pastor which he may rule and govern and must render an account of his Actions to the Lord It behoveth those whom wee are over not to run up and down nor to knock Bishops who agree well one● against another by their Cunning and deceitfull Rashnesse but to plead their Cause there where they may have both Accusers and Witnesses of their Crime Vnlesse the Authority of the African Bishops who have Iudged them already seem lesse to a few desperate and lost persons c. To say S. Cyprian meant not to condemne appeales but onely the bringing Causes out of Africk to Rome in the first Instance is a shift as desperate as that of those Fugitives For St. Cyprian telleth us plainly that the cause was already Iudged and sentence given in Africk The first Instance was past and this Canon was made against Appeales out of Africa to Rome Sect I. Cap VIII So from his Iudiciary power I come to Papal dispensations the last of the grosser Vsurpations of the Bishops of Rome Where I have a large Field offered me to expatiate in if I held it so pertinēt to the present Controversy The Pharisees did never dilate their Philacteries so much as the Roman Courtiers did their dispensative power The Pope dispenseth with Oathes with Vowes with Lawes he looseth from Sinnes from Censures from Punishments Is not this a strange Key which can unlock both sinnes and censures and Punishments and Lawes and Oaths and Vowes where there are so many and so different wards It is two to one that it proveth not a right Key but a Picklock Their doctrin of Dispensations was foule enough especially in such cases as concern the Law of God or Nature as Oaths Vowes Leagues Marriages Allegiance For either they make the dispensation to be onely Declarative and then the Purchaser is meerly Cheated who payes his money for nothing Or else they make all Contracts Leagues promises to be but Conditionall If the Pope approve them which destroyeth all mutuall trust and humane Society Or thirdly they make the Popes Dispensations to be a taking away of the matter of the Vow or Oath that is the Promise as if the Papall power could recall that which is past or make that to be undone to day which was done yesterday or that not to be promised which was promised Or lastly they doe dispense with the Law of God and Nature as they doe indeed what soever they pretend to the Contrary or all this kind of dispensations signify nothing But the Practise of Dispensations was much more foule Witnesse their Penitentiary Taxe wherein a man might see the Price of his Sin before hand Their common Nundination of Pardons Their absolving Subjects from their Oaths of Allegiance Their loosing of Princes from their solemne Leagues of Married people from the Bonds of

which ought to have been done in a Legall Appeale But the successe was so contrary to the Popes Interest and the Resolution of the King Church and Kingdome of England so unanimous That they could not assent to the Popes Legation because it was against reason that a person twice condemned by the whole Councell of the English should be restored upon the Popes Letter that England was never troubled with any more appeales to Rome untill after the Conquest Neither Durst the Pope send any Bulls or Mandates then but a plain Letter The next Appellant was Anselm a Stranger who knew not the liberties of England in the Dayes of Henry the first as succeslesse as Wilfrid had bene Will you trust the Testimony of a King And I know not why a King should not be trusted for the Customes of his own Kingdome Hear King Henry the First the Sonne of the Conquerour It is a Custome of my Kingdome instituted by my Father instituted indeed but not first instituted for it was an old Saxon Custome that no Pope be appealed to without the License of the King Another Law of the same King was By all meanes wee discharge forrain Iudgements If you will not trust the King trust the whole Kingdome upon their Oaths in the Dayes of Henry his Grandchild The First English Custom recited in the Assise of Clarendon is this That all Appeales in England must proceed regularly frō the Archdeacon to the Bishop from the Bishop to the Arch Bishop and if the Arch Bishop failed to doe Iustice the last cōplaint must be to the King to give order for redresse If wee will not trust the King and Kingdome Yet l●t us trust the Pope him self thus Paschal the secōd writeth to our Henry the first The Popes Nuncioes and Letters doe find no reception within thy Iurisdiction There are no Complaints from those parts no Appeales are destined to the Apostolick See The Abbat of Thorney found this true by experience who lay long in prison notwithstanding his Appeale to Rome The Case is so plaine that I shall not cite one Authority more in it but onely one of our Statute Lawes made not onely by the Assent as is usnall but upon the prayer and grievous and clamorous Complaints of the Peers and Commons That because People are Drawn out of the Realm to answer things the Cognisance whereof belongeth to the Kings Courts and the Iudgements of the Kings Courts are impeached in another Court the Court of Rome to the disinheriting of the king and his Crown and the undoing ●and destruction of the Common Law of the Land Therefore it is ordeined that whosoever shall draw a man out of the Realm in Plea if he doe not appeare upon Summons and conform to the sentence of the kings Court he shall forfeit Lands and Goods be outlawed and imprisoned Against such Fortifications grounded upon Prescription and Imperiall Lawes the Canon of the Councell of Sardica will make no great Battery Take the Councell of Sardica at the best waving all exceptions yet certainly it was no generall Councell If it were it had been one of the four first If it had been a generall Councell it self three succeeding Popes were much to blame to Father the Canons of it upon the first Generall Councell of Nice The Canons of the Councell of Sardica did not bind the Africans of old much lesse bind us now Secondly the Canon of Sardica doth onely give way to Appeales to Rome in cases between two Bishops but the Court of Rome admitteth Appeales from inferiour Clergy men from Lay men from all sorts of men in all sorts of Causes that are of Ecclesiasticall Cognisance Thirdly the Canon of Sardica is a meer permission no precept what may be done in discretion not what ought to be done of necessity it was proposed with a Si vobis placet If it please you and the ground of it is a Complement Let us honour the Memory of S. Peter Fourthly There is one great Circumstance in our Case which varieth it quite from that proposed by Osius to the Sardican Fathers that is that our King and the Lawes of the Realm do forbid Appeales to Rome If there had been such an Imperiall Law then doe wee thinke that the Fathers of Sardica would have been so disloyall or so simple to thinke to abrogate the Imperiall Lawes by their Canons which are no Lawes but by the Emperours Confirmation No the Fathers of that Age did know their duty too well to their Emperour and if they could have foreseen what avaricious practises and what grosse Oppressions would have sprung in time from this little seed of their Indulgence they would have abhominated them Lastly supposing the Sardican Councell had been of more Authority and the Canon thereof of more Extent then it was and more peremptory and that there had been no such intervening impediment why English Subjects could not make use of that Remedy yet the Councell of Sardica can give but humane right And a contrary Prescription for a thousand years is a sufficient Enfranchisement from all pretence of humane right The second branch of this Vsurpation is as cleare as the former concerning Papall Bulls and Excommunications That by our ancient Lawes they cannot be executed in England without the Kings Leave In the Assise of Clarendon this is found to be one of the ancient Customes of England That none of the Kings Servants or Tenents that held of him in Capite might be excommunicated or their Lands interdicted before the King was made acquainted There was a severe Lawe made in the Reign of the same King If any man be found bringing in the Popes Letter or Mandate Let him be apprehended and let justice passe upon him without delay as a Traitour to the King and Kingdome It seemeth that the first and second Henryes were no more propitious to Rome then Henry the eighth Take one Statute more it was enacted in full Parliament by Richard the secōd that if any did procure or pursue any such Processes●or excommunications in the Court of Rome as are there mētioned that is concerning presentatiōs to benefices or dignities Ecclesiasticall and they who bring them into the realm or receive them or execute them shall be put out of the Kings protection their Lands Goods and Chattells be confiscated to the King and their Bodies attached They had the same respect for the Popes Bulls as often as they did not like them in Henry the fourths time as wee see by the Statute made against those who brought or prosecuted the Popes Bulls granted in favour of the Cystercians By the Law of England if any man denounced the Popes Excommunication without the assent of the King he forfeited al his Goods And it is recorded in particular how the Kings writ issued out against the Bishops of London and Norwich as being at the Kings Mercy because contrary to the Statute of