Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	court_n	king_n	realm_n	1,598	5	9.5501	5	false

Text snippets containing the quad

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

that ●aught them this lesson certainly their prudence to prevent dangers was very commendable A third custome was that the revenues of all Ecclesiastical dignities belonging to the Kings demeisne during the vacancy were to be received by the King as freely as the rents of his own demeisnes Tell me who was then the Patron and Political Head of the Church A fourth Custome was that when an Arch-Bishoprick Bishoprick Abbacy or Priory did fall void the election was to be made by such of the principal dignitaries or members of that respective Church which was to be filled as the King should call together for that purpose with the Kings consent in the Kings own Chappell And there the person elected was to do his homage and fealty to the King as to his Liege Lord. That later form of Dei Apostolicae sedis gratia had taken no root in England in those daies The rest are of the same nature as that Controversies concerning Advowsons ought to be determined in the Kings Court Benefices belonging to the Kings patronage could not be appropriated without his grant When a Clergy man was accused of any Delinquency the Kings Court ought to determine what part of his accusation was of Civil and what part of Ecclesiastical cognisance And the Kings Justice might send to the Ecclesiastical Court to see it ordered accordingly None of the Kings Servants or Tenants that held of him in capite might be excommunicated nor their Lands interdicted before the King was made acquainted When it was questioned whether a Tenement were of Ecclesiastick or Lay fee the Kings Justice was to determine it by the oathes of twelve men All Ecclesiasticall persons who held any possessions from the King in capite were to do suit and service for the same as other Barons did and to joyn with the Kings Barons in the Kings Judgments untill it came to sentence of death or diminution of member To this memorial all the Nobility and Clergy of the English Nation did swear firmly in the word of truth to keep all the customes therein contained and observe them faithfully to the King and his heires for ever Among the rest Thomas Becket the Archbishop of Canterbury himself was carried along with the crowd to take this Oath Though shortly after he fell from it and admitted the Popes absolution By the Statute of Carlile made in the daies of Edward the first it was declared That the holy Church of England was founded in the estate of Prelacy within the Realm of England by the Kings and Peeres thereof And that the several incroachments of the Bishop of Rome specified in that Act did tend to the annullation of the state of the Church the disinheriting of the King and the Peeres and the destruction of the Lawes and rights of the Realm contra formam collationis contrary to the disposition and will of the first founders Observe in the estate of Prelacy not of Papacy within the Realm not without it By the Kings not by the Popes of whose exorbitant and destructive usurpations as our Ancestors were most sensible so they wanted neither will nor power to remedy them To corroborate this Law by former presidents and thereby to shew that our Kings were ever accounted the right Patrons of the English Church King Edelwalk made Wilfride Bishop of the South Saxons now Chichester King Alfrede made Assertie Bishop of Sherburn And Oenewulphus Bishop of Winchester Edward the Confessor made Robert Archbishop whom before from a Monk he had made Bishop of London Thus the Saxon Kings in all ages bestowed Bishopricks without any contradiction The Norman Kings followed their example No sooner was Stigand dead but William the Conquerour elected Lanfrank Abbat of Saint Stephens in Caen to be Archbishop William Rufus upon his death-bed elected Anselme to be Archbishop of Canterbury And untill the daies of Henry the first the Popes never pretended any right nor laid any claim to the Patronage of the English Churches The Articles of the Clergy do prescribe that elections be free so as the Kings conge d'eslire or License to elect be first obtained and afterwards the election be made good ●y the Royal assent and confirmation And the Statute of provisors Our Soveraign Lord the King and his heires shall have and enjoy for the time the collations to the Archbishopricks and other dignities elective which be of his Advowry such as his progenitors had before free election was granted Sith the first elections were granted by the Kings progenitors upon a certain form and condition as namely to demand License of the King to choose and after choise made to have his Royal assent Which condition not being kept the thing ought by reason to return to its first nature Further by the same Statute of provisors it is declaratively enacted That it is the right of the Crown of England and the Law of the Realm that upon such mischiefs and dammages happening to the Realm by the incroachments and oppressions of the Court of Rome mentioned in the body of that Law The King ought and is bound by his oath with the accord of his people in Pa●liament to make remedy and Law for the removing of such mischiefs We find at least seven or eight such Statutes made in the Raigns of several Kings against Papal provisions reservations and collations and the mischiefs that flowed from thence Let us listen to another Law The Crown of England hath been so free at all times that it hath been i● no earthly subjection but immediately subjected to God in all things touching its regality and to no other and ought not to be submitted to the Pope Observe these expressions free at all times free in all things in no earthly subjection immediately subjected to God not to be submitted to the Pope And all this in Ecclesiastical affaires for of that nature were all the grievances complained of in that Law as appears by the view of the Statute it self Then if the Kings of England and the representative body of the English Church do reform themselves according to the word of God and the purest Patterns of the primitive times they owe no account to any as of duty but to God alone By the same statute it is enacted That they who shall procure or prosecute any popish Bulls and excommunications in certain cases shall incurre the forfeiture of their estates or be banished or put out of the Kings protection By other statutes it is enacted That whosoever should draw any of the Kings Subjects out of the Realm to Rome in plea about any cause whereof the cognisance belongeth to the Kings Court or should sue in any forrain court to defeat any judgment given in the Kings court That is by appealing to Rome they should incur the same penalties The body of the Kingdom would not suffer Edward the first to be cited before the Pope Henry the sixth by the Councel of Humphry Duke of Glocester the Protector protested against Pope Martin and his Legate That they would not admit him contrary to the lawes and liberties of the Realm

corrupted and degenerated it doth still retein a Communion not onely with the Catholick Church and with all Orthodox Members of the Catholick Church but even with that corrupted Church from which it is separated except onely in corruptions We may well inlarge the former ground that if two particular Churches shall separate themselves one from another And the one retein a communion with the Universal Church and be ready to submit to the determinations thereof And the other renounce the Communion of the Universal Church and contumaciously despise the Jurisdiction and the decrees thereof the former continues Catholick and the later becomes Schismatical To shew that this is our present condition with the Church of Rome is in part the Scope of this Treatise They have subjected Oecumenical Councels which are the Soveraign Tribunals of the Church to the Jurisdiction of the Papal Court And we are most ready in all our differences to stand to the judgment of the truly Catholick Church and its lawful Representative a free general Councel But we are not willing to have their virtual Church that is the Court of Rome obtruded upon us for the Catholick Church nor a partial Synod of Italians for a free general Councel Thirdly there may be an actual and criminous separation of Churches which formerly did joyn in one and the same Communion And yet the Separaters be innocent and the persons from whom the separation is made be nocent and guilty of Schisme because they gave just cause of separation from them It is not the separation but the cause that makes the Schisme Saint Paul himself made such a separation among his disciples And Timothy is expresly commanded that if any man did teach otherwise and consented not to wholsome words even to the words of our Lord Iesus Christ and to the doctrine which is according to godlinesse 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 withdraw thy self stand aloof or separate thy self from such persons It is true that they who first desert and forsake the Communion of their Christian brethren are Schismaticks but there is a moral defection as well as local It is no Schisme to forsake them who have first themselves forsaken the common faith wherein we have the confession of our adversaries They who first separated themselves from the primitive pure Church and brought in corruptions in faith practice Leiturgy and use of Sacraments may truly be said to have been hereticks by departing from the pure faith and Schismaticks by dividing themselves from the external communion of the true uncorrupted Church It is no Schisme to separate from hereticks and Schismaticks in their heresie and Schisme This is all the Crime which they can object to us The Court of Rome would have obtruded upon us new articles of faith we have rejected them They introduced unlawful rites into the Leiturgies of the Church and use of the Sacraments we have reformed them for our selves They went about to violate the just liberties and priviledges of our Church we have vindicated them And for so doing they have by their Censures and Bulls separated us and chased us from their communion where lies the Schisme Fourthly to withdraw obedience from a particular Church or from a lawful Superiour is not alwaies criminous Schisme Particular Churches may sometimes erre and sometimes clash with the universal Church Patriarchs and other subordinate Superiours may erre and sometimes abuse their authority sometimes forfeit their authority sometimes disclaim their authority or usurp more authority then is due unto them by the Canons They would perswade us that obedience is to be yeelded to a Church determining errours in points not fundamental But they confound obedience of acquiescence with obedience of conformity They forget willingly that we acknowledge not that they ever had any lawful authority over us par in parem non habet potestatem Equals have no Jurisdiction over their equals The onely difficulty is that this seems to make Inferiours Judges of their Superiours the flock of their Pastour the Clergy of their Bishop the Bishop of his Metropolitan the Metropolitan of his Patriarch whereas in truth it onely gives them a Judgment of discretion and makes them not to be Judges of their Superiours but onely to be their own Judges salvo moderamine inculpatae tutelae to preserve themselves from sin or heresie obtruded upon them under the specious pretences of obedience and Charity This is not deficere but prospicere not to renounce due obedience to their lawful Superiours but to provide for their own safety Some things are so evident that the Judgment of the Church or a Superiour is not needfull Some things have been already judged and defined by the Church and need no new determination If a Superiour presume to determine contrary to the determination of the Church it is not rebellion but loyalty to disobey him When Eunomius the Arrian was made Bishop not one of his flock rich or poor young or old man or woman would communicate with him in the publick service of God but left him to officiate alone When Nestorius did first publish his heresie in the Church in these words If any man call the Virgin Mary the Mother of God let him be accursed the people made a noise run out of the Church and refused ever after to communicate with him Valentinian the Emperour shunned the communion of Sixtus the third Many of the Roman Clergy withdrew themselves from the communion of Anastasius their Bishop because he had communicated with the Acatians Rusticus and Sebastianus two of the Popes chiefest Deacons did not onely themselves forbear the Communion of Vigilius but drew with them a good part of the Church of Rome and other Occidental Churches It cannot be denied but that among many examples of this Lyne some are reprehensible not because they did arrogate to themselves a liberty which they had not but because they abused that liberty which they had either by mistaking the matter of fact or by presuming too much upon their own judgments To prevent which inconveniencies ●he eighth Synod decreed not by way of censure but of caution as a preservative from such abuses for the future that no Clerk before diligent examination and Synodical sentence should separate himself from the communion of his proper Bishop no Bishop of his Metropolitan no Metropolitan of his Patriarch Then what is Schisme Schimse signifies a criminous scissure rent or division in the Church an Ecclesiastical Sedition like to a mutiny in an Army or 〈◊〉 in a State Therefore such ruptures are called by the Apostle indifferently 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Schismes or seditious segregations of an aggregate body into two opposite parties And there seems to me to be the same difference between heresie properly so called and Schisme which is between an inward sicknesse and an outward wound or ulcer Heresie floweth from the corruption of faith within

and dissented from whatsoever he did So we see plainly that the King and Church of England ever injoyed as great or greater liberties then the Gallican King and Church And that King Henry the eighth did no more in effect then his progenitors from time to time had done before him Onely they laboured to damme up the stream and he thought it more expedient to stop up the fountain of papal Tyranny not by limiting the habitual Jurisdiction of the Roman Bishop which was not in his power to do but by substracting the matter and restraining the actual exercise of it within his own dominions And it is observable that in the greatest heat of these contentions the Praelates of the Realm being present in Parliament disavowed the Popes incroachments and offered the King to stand with him in these and all other cases touching his Crown and regality as they were bound by their allegiance That is according to the law of Fe●ds according to their homage done and according to the oath which they had taken at their Investitures into their Bishopricks Indeed of later daies during those bloudy wars between the houses of York and Lancaster the Popes sometimes invaded this undoubted right of our Kings de facto not de jure as was easie for them to do And tendered to the Bishops at their investitures another oath of their own making at first modest and innocent enough that they should observe regulas Sanctorum Patrum the rules of the Holy Fathers But after they altered the oath and falsified their Pontificall as well as their faith changing regulas Sanctorum Patrum into Regalia Sancti Petri that they should maintain the Royalties of St. Peter A shamelesse forgery and admitting them to be the interpreters of their own forms opening a gap to rob Kings of the fairest Jewels of their crownes and Bishops not onely of their Jurisdictions but also of their loyalty and allegiance to their lawful Soveraigns unlesse they take the oath with a protestation as our Arch-Bishop Cranmer did That he would not bind himself to any thing contrary to the Lawes of God or the Realm or the benefit thereof Nor yet limit himself in the reformation or Government of the Church Before which time two opposite and repugnant oathes were administred to the Bishops as Henry the eighth made it appear plainly in Parliament Many things in prudence might be done but for fear of such like alterations and incroachments Our Kings gave Peterpence to Rome as an almes But in processe of time it was exacted as a tribute The Emperours for more solemnity chose to be sworn by the Pope at Rome as the Kings of France at Rhemes and the Kings of England at Westminster And this was misinterpreted as a doing homage to the Pope Rex venit a●te fores jurans prius urbis honor●● Post homo fit Papae sumit quo dante coronam The King doth come before the gate first swearing to the Cities state The Popes man then doth he become And of his gift doth take the Crown Poets might be bold by authority But it rested not there Good Authors affirm the challenge in good earnest And Clement the fifth in one of his Canons or Decrees doth conclude it declaramus juramenta praedicta fide litatis existere e● cerse●i debere We declare that the aforesaid oathes are and ought to be esteemed oathes of allegiance Lay these particulars together Our Kings from time to time called Councels made Ecclesiastical Laws punished Ecclesiastical persons and see that they did their duties in their callings prohibited Ecclesiastical Judges to proceed received appeals from Ecclesiastical Courts rejected the Lawes of the Pope at their pleasure with a nolumus we will not have the Lawes of England to be changed or gave Legislative interpretations of them as they thought good made Ecclesiastical corporations appropriated benefices translated Episcopal Sees forbid appeales to Rome rejected the Popes Bulls protested against his Legates questioned both the Legates themselves and all those who acknowledged them in the Kings Bench I may adde and made them pay at once an hundred and eighteen thousand pounds as a composition for their estates condemned the excommunications and other sentences of the Roman Court would not permit a Peer or Baron of the Realm to be excommunicated without their consents enjoyed the patronage of Bishopricks and the investitures of Bishops inlarged or restrained the priviledge of Clergy prescribed the indowment of Vicars set down the wages of Priests and made acts to remedy the oppressions of the Court of Rome What did King Henry the eighth in effect more then this He forbad all suites to the Court of Rome by proclamation which Sanders calls the beginning of the Schisme divers Statutes did the same He excluded the Popes Legates so did the Law of the Land without the Kings special License He forbad appeals to Rome so did his predecessors many ages before him He took away the Popes dispensations what did he in that but restore the English Bishops to their ancient right and the Lawes of the Country with the Canons of the Fathers to their vigour He challenged and assumed a political Supremacy over Ecclesiastical persons in Ecclesiastical causes So did Edward the Confessour govern the Church as the Vicar of God in his own Kingdome So did his predecessours hold their Crowns as immediately subjected to God not subjected to the Pope On the other side the Pope by our English Lawes could neither reward freely nor punish freely neither whom nor where nor when he thought fit but by the consent or connivence of the State He could neither do justice in England by the Legates without controllment nor call English men to Rome without the Kings License Here is small appearance of a good legal prescription nor any pregnant signs of any Soveraign power and Jurisdiction by undoubted right and so evident uncontroverted a title as is pretended I might conclude this my second proposition with the testimonies of the greatest Lawyers and Judges of our land Artists ought to be credited in their own Art That the lawes made by King Henry on this behalf were not operative but declarative not made to create any new law but onely to vindicate and restore the ancient law of England and its ancient Jurisdiction to the Crown There had needed no restitution if there had not been some usurpation And who can wonder that the Court of Rome so potent so prudent so vigilant and intent to their own advantage should have made some progresse in their long destined project during the raigns of six or seven Kings immediately succeeding one another who were all either of doubtful title or meer usurpers without any title Such as cared not much for the