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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

challenge a Jurisdiction not upon us who deny it Men are not put to prove negatives Let them produce their Registers and shew for the first six hundred years what Ecclesiastical Courts the Roman Bishops or their Legates have held in Brittain what causes they have removed from thence to Rome upon appeals what sentences given in Brittain they have repealed there what British subjects they have excommunicated or summoned to appear at Rome let them shew what Bishopricks they have conferred in Brittain in those daies what British Bishops did then intitle themselves to their Bishopricks by the Grace of God and of the Apostolique See let them declare to the world how many of our British Primates or Patriarchs of York London or Caerleon have constantly or at all repaired to Rome to be ordained or have received Licenses or dispensations thence for their ordination at home or elsewhere for ordinationis jus caetera jura sequuntur He who is necessarily by law obliged to have recourse to a forraign Prelate for his ordination is thereby implyed to be inferiour or subject to his ordainer If they can say nothing to any of these points they may disclaime their Patriarchall right in Brittain and hold their peace for ever The reasons why I set York before London in the order of our British Patriarchs or Primates are these First because I find their names subscribed in that order in the Councel of Arles held in the year 314. consisting as some say of 200. as others say of 600. Bishops convocated by Constantine the great before the first Councel of Nice to hear and determine the appeal of the Donatists from the sentence of the Imperiall delegates whereof Melchiades the Bishop of Rome was one It were a strange sight in these daies to see a Pope turn Legate to the Emperours in a cause of Ecclesiasticall cognisance Secondly for the same reason that Rome and Constantinople in those daies of the Roman Puissance were dignified above all other Churches because they were then the seats of the Emperours York was then an Imperial City the Metropolis of the chief Britannick Province called at that time maxima Caesariensis where Severus the Emperour died and had his funerall pile upon Severs hill a place adjoyning to that City where Constantine the great was born in domo Regali vocata Pertenna in the Royal Palace whereof some poor remainders are yet to be seen then called Pertenna now a small part of it called vulgarly Bederna a very easy mistake if we consider that the Brittish Pronounce P. for B. and T. like D. situate near Christs Church in Curia Regis or in the Kings Court on the one hand and extending it self near to St. Helens Church upon the walls now demolished on the other hand Although their silence alone to my former demand at least of so many whom I have seen that have written upon this Subject be a sufficient conviction of them and a sufficient vindication of us yet for further manifestation of the truth Let us consider first that if we compare the ages and originals of the Roman and Britannique Churches we shall find that the Britannique is the more ancient and Elder Sister to the Roman it self The Britannique Church being planted by Ioseph of Arimathea in the raign of Tiberius Caesar where as it is confessed that Saint Peter came not to Rome to lay the foundation of that Church untill the second year of Claudius secundo Claudii anno in Italiam venit So if we look to the beginning according to the direction of the Councel of Ephesus the Britannique Church in its first original was free from the Jurisdiction of the Bishop and Court of Rome where there was neither Bishop nor Court nor Ecclesiastick Jurisdiction at that day Secondly that it continued free in ensuing ages appears evidently by that opposition which the Church of Britain maintained against the Church of Rome siding with the Eastern Churches about the question of those times concerning the observation of Easter and the administration of Baptisme wherein Austine about the six hundreth year laboured to conform them but in vain Is it credible that the whole Brittish and Scottish Church should so unanimously have dissented from Rome for many hundred years together if they had been subject to the Jurisdiction of the Roman Bishop as of their lawfull Patriarch or that the Bishop of Rome in all that time should never so much as question them for it if they had been his Subjects Even then when Pope Victor durst attempt to deny or withdraw his communion from all the Asiatick Churches about the same businesse Neither were the Brittish Churches at last conformed to Rome by any Patriarchall power but by many conferences by the necessity of their civill affaires and by long tract of time some sooner some later A long tract of time indeed when some in the most Septentrionall parts of these Provinces were not reduced until a little before the late reformation Thirdly among the principal priviledges of patriarchall power is the right of ordination That all Metropolitans at least should either be ordained by the Patriarch or by License from the Patriarch This appears clearly in the dispute between the Patriarch of Antioch and the Cyprian Bishops But where the Bishops were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 independent upon not subject unto any forrain Prelate there they ordained at their own pleasures needed no License Such were our British Primates ordained alwaies or ordinarily at Rome according to the Cyprian priviledges creating new Bishopricks ordaining new Bishops at their own pleasures without giving any account to Rome So we read of St. Telaus who had been driven out of his own Country by an Epidemical sicknesse for a long time that at his return he consecrated and ordained Bishops as he thought fit That he made one Hismael Bishop of St. Davids And in like manner advanced many other men of the same order to the same degree sending them throughout the country and dividing the parishes for the best accommodation of the Clergy and of the People And if there were no other proofe of our exemption but onely the small number of the Bishops that were ordained by all the succeeding Popes for about the first three hundred years untill the death of Marcellinus It were sufficient to shew that the Bishops of Rome in those daies had little or nothing to do out of their owne Province and that their jurisdiction extended nothing near so far as Britain Saint Peter Ordained but three in his supposed five and twenty years that is Linus and Cletus ut sacerdotale Ministerium Romano populo advenis benè sentientibus exhiberent and Clement to whom he bequeathed his Episcopal Chair Linus but eleven Clement but fifteen Anacletus but six Evaristus but five Alexander but five Sixtus but four c. These were few enough for their own Province and none to

by King Iames in his triplici modo triplex cun●us print an 1609. p. 125. and Ireland Councel book of Ireland 32 33 34. of Henry 8th The pretended Crimes of Hen. 8. no blemish to the Reformation Holins in Hen. 8. p. 923. Hall 22. H. 8. p. 199. Our Lawes are not cruel against Roman Catholicks Apol. P. 153 In Artic. 37. p. 419 420 c. Though the first separaters were Schismaticks we are free Aug. Epist. 162. Psal. 19. 12. Protestants no authors of the separation from the Church of Rome Mr. Knot Inf. num p. 534. Bulla Pauli 3. apud Sander de Schism l. 1. p. 109. Eminent persons have great influence without any Iurisdictions The dignity of the Apostolical Church●s ●●de praeser advers haeres L. 4. Epis. 8. Novel 131. c. 3. et 4. It is no marvel that the Pope winded himself into England by degrees Mat. Pa● an 1246. No Saxon English or Brittish King ever made any obliging submission to the Pope Bed●l 1. c. 25. Bed l. 1. ch 26. The Popes p●wer in England was of courtesy Wilfride the first great App●llant Sp●lm conc an 705. De el●ct polest c. 4. significasti c. Bar. An. 1102. nu 8. 〈◊〉 1. de Gest. Paul Anglo● Hoved. in Hen. 2. Malm. ibid. Math. Par. an 1164. Rog. Hoved. in Hen. 2. Legations as rare as appeals Spelm. conc an 78. Saxon Kings made Ecclesiastical Laws Chap. 15. Chap. 5. Spelm. conc An. 1066. An old Artifice of the Roman Bishops Norman Kings injoyed the same power Cap. quon de App●●pr 15. R. 2. c. 64 H. 4. c. 12. 2. H. 4. c. 3 2. H 4. c. 4. 9. H. 6. c. 11. Co●k R●port Cawdries case Canon law of no more force in England then as it was received 20. H. 3. c. 9. 4. E. 1. c. 5. Bigamy 2. R. 2. c. 6. Aedmer in initio Placit an 1. H. 7. Pl. an 1. H 7. Pl. an 32. et 34. E. 1. Ant. Brit. 279. The statute of Mortmain justified Exod. 36. 6. 〈…〉 Nicet l. 7. Consid. p. 49 Oratio ad Paul 5. pro Rep. Veneta Mat. Pa● an 1164. 35. E. 1. Statute of Carlile Malm. de Gest. Pont. Aug. p. 257. Id. l. 2. p. 45. p. 242. Id. l. 1. p. 204. Articuli cleri 25. E. 3. 25. E. 3. 16. R. 2. C. 5. 27. E. 3. c. 1. Act. and. mon. Pontif. ve●us Pontif. novum Ex Regist. Cra●m P. 4. Hall in Henrico 8. fol. 206. Occh. p●rt 2. c. 22. de f●ill re●udic The Soveraignty of our Kings in Ecclesiastical causes over Ecclesiastical persons Antiqu. Brit. p. 325. King Henry 8. did no more then his predecessours The judgment of our English Lawyers Fitzherb Natu. brev 44. Lord Cook Cawdries ●ase The true differ Part 2. Cyp. de unit Ecclesiae Conc. Eph. in Epist. Synod ad N●stor Ambr. et alij Bell de Pont. l. 4. ● C. 22. The supremacy in the whole Colledge of the Apostl●s Act. 1. Act. 6. ●ct 8. st 1● Act. 11. Act. 11. Act 15. The other Apostles had Successors as well as S. Peter Why the Bishop of Rome S. Peters succ●ssour rather then of Antioch Plat. in vita Sti. Pe●ri The highest constitution of the Apostles exceeded not nat●onal Primats Can. Apost 33. How some Primates came to be more respected in the Church then others Either by custom Con. Nic. Or from the Grandeur of the City Conc Chal. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. Or by decrees of Councels Or by Edicts of Princes Many Pr●mats subject to none of the five great Patriarchs Ruff. hist. Eccl. l. 1. c. 6. The case between the Patriarch of Antioch and Cyprian Bishops Conc. Ephes. part 1. Act. 7. Greg. L. 1. Ep. 24. The case of the Cyprian Bishops applyed The proof in this cause ought to rest upon our adversaries The Brittannique Church ancienter then the Roman Gild. de e●id et conq● Brit. Plat in vita Sancti Petri. Bar. an 44. The Brittannique Churches sided with the Eastern against the Roman British Bishops ordained at home Reg. Land apud Vsh. d●prim Eccl. Brit. p. 56. Plat. The answer of Dionothus Spelm. Conc. An. 601. Confirme by two British Synods Spel. eon an 601. Galt mon. l. 2. c. 12. Beda omnes alii Resp. Greg. ad 8. quest Bed l. 2. c. 2. Ant. Brit p. 48. Malm. prol ad lib. de gest pont Aug. Glos. juris C. Cleros dist 21. Soveraign Princes have power to alter whatsoever is of humane institution in Ecclesiastical discipline Append. de Schism Art 4. p. 526. Suar. l. 3. de prim summi Pontificis cap. 1. num 4. Morl. in Emp. jur p. 1. tit 2. Citati à Sanc. cla● in Art 37. Append. de Schism p. 527. P. 528. Protestants in their reformation have altered no Articles of Religion nor sacred rites nor violated Charity p. 533. p. 528. p. 530. Augustine Nor swerved from the Law of nature or positive Lawes of God Ex Archivis Turris Londinensis citat author Antiquit. Acad. Cantab In cases doubtful we may not disobey the King and the Lawes Exod. 1. 17. 1 Sam. 22. 17. August Unjust commands may be justly obeyed Pr●nces are obliged to protect their subjects from the ●yranny of Ecclesiastical Judges Pa●s lait c. Citati a Sancta Clara in Art 37. p. 420. 421. Sancta Clara p. 146. 417. Kings may exercise exernal acts of Ecclesiastical jurisdiction by fit delegates The Emperours of old did the same Novel 83. Lib. 5. ca. pit Popes convented impris●ned deposed by Emperou●s Platin. in Gr●g 6. Plat. in Bon. 1. Plat. in Sym. P. 425. An. 1110 The Councel of Towers allowes to withdraw obedience from the Pope in certain cases Conc. Turon R●sp ad Art 3. Resp. ad Art 4. Resp. ad Art 8. In tract de potest Papae et Imperat Princes may reform new Can●ns by old Part. 2. Act. 6. C. 7. de resol fid l. 1. C. 8. P. 152. Patria●●hal power subject to Imp●rial Lib. 2. Ep. 61. Emperours have changed Patriarcha●s Conc. Const can 3. Conc. Chalc. Can. 8. By their authority Novel 11. et Novel 131. English Kings as Soveraign ●s the Emperou●s Math. Paris Two sorts of grounds for sustraction of obedience Our first grou●d Chemnit Exa Conc. Fred. Mant. Dist. 100. C. 2. In H●n 1. an 1103. Ant. Brit. pag. 326. Math. Paris an 1237. Math. Par in H. 3. an 1253. Idem An. 1254. Idem An. 1257. Id. An. 1258. Plowmans tale and else where Our second ground Episo Eleiensis Plat. in Greg. 7. Larg Exam p. 18. Admon to the Nobility by Card. Allen. 1. 8. Exam. Cathol p. 34. Math. Paris an 1244. Idem an 1253. Ro. Houed Annal. fol. 303. Ep. Card. Bell. ad G. Blackw Archpr. Supplic of souls p. 296. Hoveden Annal. p. 292. Idem Plat. in pasch 2. Math. Paris an 1212. Math. Paris an 1253. Hoops ad saecul 14. c. 5. Citat Sanct. Clara. Math. Paris in H. 3. An. 1245. Bern. L. 3. de consideratione The