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A29201 A replication to the Bishop of Chalcedon his Survey of the Vindication of the Church of England from criminous schism clearing the English laws from the aspertion of cruelty : with an appendix in answer to the exceptions of S.W. / by the Right Reverend John Bramhall ... Bramhall, John, 1594-1663. 1656 (1656) Wing B4228; ESTC R8982 229,419 463

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factious persons but by two or three Kings successively and by Theodore the Archbishop of Canterbury a Roman with the flower of the Clergy and the whole Councel of the English He proceedeth they never disliked that Profession of Saint Austins Fellowes that the See Apostolick had sent them to preach in Britanny as she is accustomed to doe in all the World First why should they dislike it they had no reason for it No good Christian can dislike the Husbandmans sowing of Wheat but every good Christian doth dislike the envious mans supersemination or sowing of Tares above the Wheat Or if there had been reason how could they dislike that which in probability they did not know The Letter out of which these words are cited was not written to the English Kings but to the Scotish Bishops by Laurentius Successor to Austin in the See of Canterbury and Melitus of London and Iustus of Rotchester which three were all the Bish●ps of the Roman Communion that were at that day in Britain But if perchance he imagine that the Popes sending Preachers into Britain doth either argue an ancient or acquire a subsequent Jurisdiction over Britain he erres doubly first they did nothing without the Kings licence for matter of fact they produced no Papall mandates which had been in vain to a Pagan King At their first arrivall the King commanded them to abide in the Isle of Thanet untill his further pleasure was known They did so Afterwards they were called in by his command he gave them an express licence to preach to his Subjects and after his own conversion majorem praedicandi licentiam a further and larger licence So the conversion of Kent was by the Popes endeavoures and the Kings authority Secondly for matter of right Conversion gives no just title to Jurisdiction How many Countries have been converted to the Christian Faith by the Britans and English over which they never pretended any authority It followeth they never disliked That Saint Gregory should subject all the Priests of Britain under Saint Austin and give him power to erect two Archiepiscopall Sees and twelve Episcopall Sees under each of them Whom could Ethelbert being himself a Novice in Christianity better trust with the disposing of Ecclesiasticall Affaires in his Kingdome then those who had been his Converters But either Saint Gregory in his projects or rather Austin in his informations did mightily over-shoot themselves for the twentieth part of Britain was not in Ethelberts power And all the other Saxon Kings were Pagans at that time We have seen that after the death of Austin and Gregory there were still but one Archbishop and two Bishops of the Roman Communion throughout the Britannick Islands The British and Scotish Bishops were many but they renounced all Communion with Rome The British Bishops professed plainly to Austin himself in their Synod that they would not acknowledge him for their Archbishop And the Scotish Bishops did so much abhorre from the Communion of the Bishops of the Roman Communion that as themselves complained Dagamus one of the Scotish Bishops refused to eat with them or to lodge with them in the same Inne And yet he tells us in great earnest that they never disliked it He addeth they never disliked that Saint Melit should bring the Decrees of the Roman Synod to be observed of the Church of England It may be so But whether it was so or not whether they liked them or disliked them whether they received them or rejected them Venerable Bede who is his Author speaketh not a word This is not proving but presuming And why might they not receive them if they found them to be equall and beneficiall non propter authoritatem Legislatoris sed propter aequitatem Legis not for the authority of the Roman Synod but for the equity of their Decrees And what were their Decrees Ordinationes de vita quiete Monachorum Orders for the good conversation and quiet of Monks A matter of no great importance but great or small the Decrees of the Roman Synod were of no force in England unless they were received by the King and Kingdome and if they were received by the King and Kingdome then they were naturalised and made the Lawes of England not of Pope Boniface an usurping and if we may trust Saint Gregory his Predecessors an Antichristian Prelate They willingly admitted a Bishop of Canterbury sent to them and chosen by the Pope Why should they not admit him seeing it was their own desire and request to the Bishop of Rome in respect of the great scarcity of Scholars then in England to send them one as appeareth by the very letter of Vitalianus hominem denique docibilem in omnibus ornatum Antistitem secundum vestrorum scriptorum tenorem minime valuimus nunc reperire We could not finde for the present such a complete Prelate as your letters require and by the reception of the King qu●d cum Nuncii certò narrassent Regi Egberto adesse Episcopum quem petierant a Romano Antistite when King Egbert had certain notice that the Bishop Theodore was come whom they had desired of the Roman Prelate So he was not obtruded upon them against their wills which was the case of patronage between us and them They acknowledged that Saint Peter was the speciall Porter of Heaven whom they would obey in all things I understand not why he urgeth this except it be to expose the simplicity of those times to dirision The case was this there was a disputation between Coleman and Wilfrid about the observation of Easter Coleman pleaded a tradition from Saint Iohn upon whose bosom Christ leaned delivered to them by Columba their first Converter Wilfrid pleaded a different tradition from St. Peter to whom Christ gave the Keies of the Kingdome of Heaven The King demanded whether that which was said of Saint Peter was true They acknowledged it was And whether any thing of like nature was said to Saint Columb They said no. Thereupon the King concluded Hic est Ostiarius ille cui ego contradicere nolo c. ne forte me adveniente ad fores Regni Coelorum non sit quireseret averso illo qui Claves tenere probatur This is the Porter whom I will not contradict least peradventure when I come to the gates of Heaven there be none to open unto me having made him averse to me who is proved to keepe the Keies No man can be so simple as to beleeve that there are Gates and Keies and Porters in Heaven It were but a poor office for Saint Peter to sit Porter at the Gate whilest the rest were feasting within at the Supper of the Lamb. The Keies were given to Saint Iohn as much as to Saint Peter They publickly engraved in the front of their Churches that Saint Peter was higher in degree then Saint Paul Let them place St. Peter as high as they please
Church from Rome Yet something he saith upon the by which is to be examined first That they who made the King head of the Church were so far from being Zelots of the Roman Religion that they were not then of the Roman Religion but Schismaticks and Hereticks outwardly whatsoever they were inwardly What a change is here Even now when they opposed the Reformation they were the best Bishops and now when they oppose the Popes Supremacy they are Schismaticks and Hereticks Let them be what they were or whatsoever he would have them to be certainly they were no Protestants And if they were not Roman Catholicks they were of no Christian Communion They professed to live Roman Catholicks and they died Roman Catholicks The six bloody Articles contrived by them and executed by them in the reign of King Henry and the Bonefires which they made of poor Protestants in the dayes of Queen Mary doe demonstrate both that they were no Protestants and that they were Zelots of the Roman Religion But saith he the essence of the Roman Religion doth consist in the primacy of the Pope If it be so then whereas the Christian Religion hath twelve Articles the Roman Religion hath but one Article and that none of the twelve namely the supremacy of the Pope But this needs makes no difference between us For they denyed not the Popes Primacy that is of order but his Supremacy of power Neither is his Supremacy either the essence or so essentiall a part of the Roman Catholick Beleef but that many of the Roman Catholick Communion have denyed it of old as the Councells of Constance and Basile and many doe deny it and more doubt of it at this day But let that be as it will In all other Controversies they were pure Romanists and the denomination is from the greater part Certainly they were no Protestants which is enough for my purpose He tels us from Bishop Gardiner that the Parliament was with much cruelty constrained to abolish the Primacy he means Supremacy of the Bishop of Rome A likely thing indeed that a whole Parliament and among them above fifty Bishops and Abbets should be forced without any noise against their conscience to forswear themselves to deny the essence of their faith and to use his own words to turn Schismaticks and Hereticks How many of them lost their lives first Not one not one changed his Soil not one suffered imprisonment about it For howsoever the matter hath been misconstrued by some of our Historiographe●s Bishop Fisher and Sir Thomas Moore were imprisoned before this Act of the Supremacy was made for denying the Kings Mariage and opposing a former Act of Parliament touching the succession of his Children to the Crown Thus much is confessed by Sanders in his Book de Schismate p. 73. b. concerning Fisher and p. 81. concerning Sir Thomas Moor. Quae Lex post Mori apprehensionem constituta erat The Law of Supremacy was made after the apprehension of Sir Thomas Moore Of this much cruelty I doe not finde so much as a threatning word or a footstep except the fear of a Premunire And is it credible that the whole representative of the Church and Kingdome should value their Goods above their Souls Or that two successive Synods and both our Universities nemine dissentiente should be so easily constrained But who constrained the most learned of the Bishop● and the greatest Divines in the Kingdome to tell the King that it was his right to publish Catechisms or Institutions and other Books and to preach Sermons at St. Pauls Cross and elswhere for maintenance of the Kings Supremacy These Acts were unconstrained Heare the Testimony of Queen Eizabeth given in their life time to their faces before the most eminent Ambassadors of the greatest Persons in the World when Bishop Gardiner might have contradicted it if he could When the Emperour and other Roman Catholick Princes interceded with her for the displaced Bishops she returned this answer That they did now obstinately reject that Doctrine which most part of themselves under Henry the eighth and Edward the sixth had of their own accord with heart and hand publickly in their Sermons and Writings taught unto others when they themselves were not private Persons but publick Magistrates The charge is so particular that it leaves no place for any answer First of their own accord Secondly not only under Henry the eighth but Edward the sixth Thirdly when they themselves were publick Magistrates Fourthly with heart and hand not only in their Sermons but also in their printed Writings Against Subscriptions and printed Writings there can be no defence But upon whose credit is this constraint charged upon King Henry upon Bishop Gardiners In good time he produceth a Witness in his own cause He had an hard heart of his own if he would not have favored himself and helped to conceal his own shame after King Henry was dead Mortui non mordent Is not this that Stephen Gardiner that writ the book de vera obedientia to justifie the Kings Supremacy Is not this that Stephen Gardiner that tels us That no forrein Bishop hath authority among us that all sorts of people are agreed with us upon this point with most steadfast consent that no manner of person bred or brought up in England hath ought to doe with Rome Is not this he that had so great an hand in framing the oath of Supremacy and in all the great transactions in the later dayes of King Henry was not he one of them who tickled the Kings eares with Sermons against the Popes Supremacy who was a Contriver of the six bloody Articles against the Protestants and was able by his power with the King to bring the great Favorite of those times to the Scaffold for Heresie and Treason To conclude if any thing did constrain him it was either the Bishoprick of London or Winchester or which I doe the rather beleeve out of charity the very power of conscience So much himself confesseth in the conclusion of his book de vera obedientia where he proposeth this objection against himself that as a Bishop he had sworn to maintain the Supremacy of the Pope To which he answers That what was holily sworn is more holily omitted then to make an oath the bond of iniquity He confesseth himself to have been married to the Church of Rome bona fide as to his second Wife but after the return of his first Wife that is the Truth to which he was espoused in his Baptisme being convicted with undenyable evidence he was necessitated out of conscience to forsake the Church of Rome in this particular question of Supremacy and to adhere to his first Wife the Truth and after her to his Prince the supreme head of the English Church upon earth His next attempt is to prove that the Protestants were the Authors of the separation from Rome And he names three Cranmer Crumwell and Barnes He
just And if the Subject will not obey his blood is upon his own head The only question is whether there was at that time not only a pretended but a reall necessity to make those Laws which they call sanguinary or bloody for the preservation of the Common wealth This is the case between the Romanists and us upon these two hinges this controversy is moved Then to leave the Thesis and come unto the Hypothesis and to shew that at that time there was a reall necessity for the making of those Laws First let it be observed that after the secession of the English Church from the Court of Rome the succeeding Popes have for the most part looked upon England with a very ill eye Witness that terrible and unparalleled excommunication and interdiction of England a deprivation of Henry the eighth formerly mentioned published at Dunkirk because they durst bring it no neerer Witness the Bull of Anathematization and deprivation by Pius the fifth against Queen Elizabeth and all her adherents absolving all her Subjects from their oaths of Allegiance without so much as an admonition preceeding Witness the Popes negotiations with the English Spanish French and Portugheses to have Queen Elizabeth taken away by murther and the frame of the Government altered published at Rome by Hieronimo Catena Secretary to Cardinall Alexandrino in the time and with the priviledge of Sixtus the fifth Witness the Logantine authority given to Sanders and the hollowed Banner sent with him and Allen two Romish Priests to countenance the Earl of Desmond in his Rebellion And the Phaenix plume sent to Terowen to incourage him likewise in his Rebellion and a plenary Indulgence for him and all his adherents and assistants from Clement the eighth Lastly witness the two Briefs sent by the same Pope to exclude King Iames from the inheritance of the Crown of England unless he would take an Oath to promote the Roman catholick Interest This is not all In the second place the Popes to have the greater influence upon England did themselves found or conserve severall Colleges or Seminaries of English Priests at Rome at Rhemes at Doway where the English youth were trained up more for the advantage of the Pope than of their Prince and native Countrie What those Principles were which were then infused into them I have neither means at present nor in truth desire to inquire because I hope that at this day they are disclaimed by all or the most learned and moderate persons of those Societies Only for the justification of my native Countrie give me leave to set downe some of them in the words of the former learned Historiographer Suspicions also were daily raised by the great number of Priests creeping more and more into England who privily felt mens mindes spread abroad That Princes excommunicate were to be deposed and whispered in corners That such Princes as professed not the Roman Religion had forfeited their Title and Regall Authority That those men which had entered into holy Orders were by a certain ecclesiasticall freedome exempted from all Iurisdiction of Princes and not bound by their Laws nor ought to reverence their Majesty And that the Bishop of Rome hath supreme authority and most full power over the whole World yea even in temporall matters And that the Magistrates of England were no lawfull Magistrates and therefore not to be accounted for Magistrates Yea that all things whatsoever done by the Queens authority from the time that the Bull declaratory of Pius quintus was published were by the Laws of God and Man altogether void and to be esteemed nothing And some of them dissembled not that they were returned into England with no other intent then by reconciling in confession to absolve every one in particular from all oathes of allegiance and obedience to the Queen Judg how such Emissaties deserved to be welcomed into a Kingdome More might be added but this it self is enough or too much Lastly View all the Treasons and Rebellions that were in Queen Elizabeth's time and see from what source they did spring Parsons proposed to Papists the deposing of the Queen so far forth that some of them thought to have delivered him into the Magistrates hands And wrote a Book under the name of Doleman to intitle the Infanta of Spain to the Crown of England Of Sanders I have spoken formerly Only let me add this That when he was found dead they found in his pouch Orations and Epistles to confirme the Rebells with promise of assistance from the Bishop of Rome and others Parre confessed That that which finally setled him in his treasonable purpose to kill the Queen was the reading of Allens Book that Princes excommunicated for Heresie were to be deprived of life Ballard was himself a Priest of the Seminarie of Rhemes See his conspiracy I pass by the commotions raised in Scotland by Bruce Creiton and Haies Squire accused Walpoole for putting him upon it to poyson the Queen I speake not of the confession of Iohn Nicholas nor the testimonie of Eliot mentioned in their own Apology because they are not of undoubted faith This is most certain That when Campian was interrogated before his death whether Queen Elizabeth were a lawfull and rightfull Queen he refused to answer And being asked If the Pope should send forces against the Queen whether he would take part with the Queen or the Pope he openly professed and testified under his hand that he would stand for the Pope The same Author addeth That his fellows being examined in like manner either refused to answer or gave such ambiguous and prevaricatory answers that some ingenuous Catholicks began to suspect that they fostered some treachery Lay all these together their disloyall answers their seditious tenets so many treacherous attempts so many open Rebellions so many depositions and deprivations and exclusions so many Books brim-full of prodigious treason At such a time when the seditious opinions of that party were in their Zenith when seditious persons crowded over daily in such numbers when the Heir apparent of the Crown of England was a Roman Catholick And let any reasonable man judge whether the Kingdome of England had not just cause of feare whether they were not necessitated to provide nequid detrimenti caperet Respublica that the Commonwealth should sustain no loss whether our Statesmen who did then sit at the sterne were not obliged to their Prince and to their Countrie to provide by all means possible for the security of their Prince and tranquility of their Countrie which could not be done at that time without the exclusion of such Bigots and Bowtifeus from among them nor they be possibly excluded but by such severe Lawes These are the very reasons given in the Edict it self That it did plainly appear to her Majesty and her Councell by many examinations by their own Letters and confessions and by the actuall conspiracies of the like
land when soever these were infringed or an attempt made to destroy them as the liberties of the Crowne and Church of England had then been invaded by the Pope it was the manner to restore them or to declare them by a statute which was not operative to make or create new law but declarative to manifest or to restore ancient law This I told him expressely in the vindication and cited the judgement of our greatest Lawyers Fitz Herbirt and my Lord Cook to prove that this very statute was not operative to create new law but declarative to restore ancient law This appeareth undeniably by the statute it self That England is an Empire and that the King as head of the body politicke consisting of the spirituality and temporality hath plenary power to render finall Iustice for all matters Here he seeth expressely that the dolitcall supremacy or headship of the King over the spirituality as well as temporality which is all that we assert at this day was the an e nt fundamentall law of England And lest h●e should accuse this Parliament of partiali●y I produced another that was more ancient The Crowne of England hath been so free at all times that it hath been in no earthly subjection but immediately subjected to God in all things touching it's Regality and to no other and ought not to be submitted to the Pope Here the Kings politicall Supremacy under God is declared to be the fundamentall Law of the Land Let him not say that this was intended onely in temporall matters for all the grievances mentioned in that statute are expressely Ecclesiasticall What was his meaning to conceal all this and much more and to accuse me of impudence Secondly he saith that I bring diverse allegations wherein the Popes pretences were not admitted or where the Pope is expressely denied the power to do such and such things Do we professe the Pope can pretend no more then his right Doth he think a legitimate authority is rejected when the particular faults of them that are in authority are resisted He stileth the Authorities by me produced meer Allegations yet they are as authentick Records as England doth afford But though he be willing to blanch over the matter in generall expressions of the Popes pretences and such or such things as if the controversy had been onely about an handfull of goats wool I will make bold to represent some of the Popes pretences and their declarations against them And if he be of the same mind with his Ancestours in those particulars he and I shall be in a probable way of reconciliation as to this question They declared that it was the custom or common law of the land ut nullus praeter licentiam Regis appelletur Papa that no Pope might be appealed unto without the Kings licence They made a law that if any one were found bringing in the Popes letters or mandates into the kingdome let him be apprehended and let justice passe upon him without delay as a Traitor to the King and kingdome They exercised a legislative power in all ecclesiasticall causes concerning the external subsistence Regiment and regulating of the Church over all Ecclesiastical persons in all ages as well of the Saxon as of the Norman Kings They permitted not the Pope to endow Vicars nor make spiritual corporations nor exempt from the jurisdiction of the ordinary nor appropriate Churches nor to dispose Benefices by lapse nor to receive the revenues in the vacancy but the King did all these things as I shewed at large in the vindication They permitted not the Popes canon law to have any place in England further then they pleased to receive it They gave the king the last appeal of all his subjects they ascribed to him the patronage of Bishopricks and investitures of Bishops They suffered no subject to be cited to Rome without the Kings license They admitted no Legates from the Pope but meerly upon courtesy and if any was admitted he was to take his oath to doe nothing derogatory to the King or his Crowne If any man did denounce the Popes excommunication in England without the Kings consent or bring over the Popes bull he forfeited all his goods So the laws of England did not allow the Pope to cite or excommunicate an English Subject nor dispose of an English Benefice nor send a Legate a latere orso much as an authoritative bul into England nor to re●eive an appeal out of England without the kings license But saith he To limit an authority implies an admittance of it in cases to which the rsstraints extend not This was not meerly to limit an authority but to deny it VVhat lawfull Jurisdiction could remain to him in England who was not permitted by law to receive any appeal thence nor to send any Citation or sentence thither nor execute any authority over an English Subject either at Rome by himself or in England by his deputies without licence That he exercised all these acts at sometimes there is no doubt of it But he could not exercise them lawfully without consent Give us the same limitation which our Ancestours alwayes claimed that no forraign authority shall be exercised in England withour leave and then give the Pope as much authority as you please volenti non fit injuria consent takes away error He is not wronged who gives leave to another to wrong him He demandeth first were not those bawes in force in the beginning of Henry the eighths raign Yes but it is no strange matter to explaine or confirm or renew ancient laws upon emergent and subsequent abuses as we see in magna Charta the statute of proviso's and many other Statutes Secondly he asketh whether we began our Religion there that is at that time when these ancient lawes were made no I have told him formerly that these statutes were onely declarative what was the ancient common law of the kingdome VVe began our Religion from Joseph of Arimathea's time before they had a Church at Rome But it is their constant use to make the least reformation to be a new Religion Lastly he enquireth whether there be not equivolent laws to these in France Spaine Germany and Italy it self and yet they are Catholicks and hold communication with the Pope Yes there are some such laws in all these places by him mentioned perhaps not so many but the liberties of the French Church are much the same with the English as I have shewed in the vindication And therefore the Popes friends do exclude France out of the number of these Countries which they term Pays d' obedience loyall Countries VVhat ●use some other Countries can make of the Papacy more then we in England concerns not me nor this present discourse And here to make his conclusion answerable to his preface in this section he cries out How ridiculous how impudent a manner of speaking is this to force his Readers to renounce their eyes and