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A06517 The confutation of Tortura Torti: or, Against the King of Englands chaplaine: for that he hath negligently defended his Kinges cause. By the R.F. Martinus Becanus, of the Society of Iesus: and professour in deuinity. Translated out of Latin into English by W.I. P.; Refutatio Torturae Torti. English Becanus, Martinus, 1563-1624.; Wilson, John, ca. 1575-ca. 1645? 1610 (1610) STC 1699; ESTC S122416 35,918 75

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And there shall you find what the Catholickes truly and really thinke of this point and vvhat our Aduersaries do falsely calumniate The fifteenth Paradoxe 49. YOV say that the Catholicks are of the race of Malchus for that they heare and interprete all with the left eare and nothing with the right For thus you write pag. 92. of your booke Interea tamen dextrâ datum dextrâ positum quicquid in Iuramento positum Quod dextrâ datum est vos sinistrâ accepistis de Malchi prosapia estis cui praecisa auris dextra nec vlla vobis auris reliqua nisi sinistra qua auditis omnia omnium quae à nobis dicuntur sinistri auditores interpretes In the meane while notwithstanding whatsoeuer is put in an oath is giuen with the right is put with the right That which is giuen with the right you receaue with the left and are of the race of Malchus who had his right eare cut of Neither haue you any right eare but a left wherwith you heare all things and become the sinister hearers and interpreters of all things that are said by vs c. 50. Thus you hould on after your wonted manner either to trifle or calumniate But I care not Let vs graunt what you say to wit that the Catholiks are of the race of Malchus What get you by this Truly nothing that makes against vs. For do you not know out of the Ghospell that assoone as Malchus his right eare was cut of it was againe presently restored by Christ And to this end that he should heare or interpret nothing with the left but all with the right eare If you therfor wil haue vs to be of the race of Malchꝰ you must confesse that this was so brought to passe by Christ for vs that we should heare and interpret all with our right eares and nothing with our left alone 51. But if I listed in like sort to iest I would not say that you were of the race of Malchus whose eare was cut of but rather of the race of the Iewes who haue eares and yet heare not according to that of S. Matthew 13. 14. Auditu audietis c. You shall heare with you eares and you shall not vnderstand and seeing you shall see and shall not see For the hart of this people is waxed grosse and with their eares they haue heauily heard and their eyes they haue shut c. and the rest that followeth But I will not deale so with you THE THIRD CHAPTER Of the Kinges Supremacy badly defended by his Chaplaine SEING you haue once determined to flatter the King you go about to defend and approue whatsoeuer you imagine will please him And with this mind desire you are imboldned to defend the Primacy of the Church which he vsurpeth to himselfe But truly very vnluckily For in this kind you commit a double fault First because you bring many Arguments which do ouerthrow the Kings Supremacy which yet you do for lacke of foresight SECONDLY because the Argumentes you bring for proofe of the said Supremacy in the King are of so small reckoning or accompt as they seeme contemptible I will lay them both open before you and for that which belongeth to the first head or point these Arguments may be deduced out of your owne Principles against the Kings Supremacy The first Argument against the Kings Supremacy taken out of the Chaplaines owne Doctrine 2. THE first Argument I frame thus He hath not the Primacy of the Church who hath no iurisdiction Ecclesiasticall neither in the interiour Court nor exteriour But the King out of your owne Doctrine hath no iurisdiction Ecclesiasticall neither in the interiour Court nor exteriour Ergo he hath not the Primacy of the Church The maior proposition is cleare of it selfe because by the name of Primacy we vnderstand nothing els in this place but supreme Iurisdiction Ecclesiasticall He then who hath no iurisdiction Ecclesiasticall neither internall nor externall hath not the Primacy of the Church But the King by your doctrine hath none neither internall nor externall 3. Not internall For that this Iurisdiction consisteth in the power of the Keyes or in the power or authority of forgiuing sinnes in the Court of Consciēce which the King hath not as you confesse pag. 380. of your booke in these words Rex non assumit ius Clauium The King doth not assume or take vpon him the power of the Keyes And worthily For that Christ spake not to Kings but to the Apostles when he said Accipite Spiritum Sanctum c. Receyue the holy Ghost whose sinnes you forgiue shal be forgiuen them and whose sinnes you retaine shal be retained c. 4. Not externall For this I will euidently euince out of your owne Principles which are these three The first that the Iurisdiction Ecclesiasticall of the exteriour Court is not founded vpon any other place then that of S. Matthew 18. 17. Dic Ecclesiae c. Tell the Church if he will not heare the Church let him be vnto thee as an Ethnicke and Publicane Your second Principle is that the Iurisdiction which is founded on that place is nothing els then the Right of Censuring or power to excommunicate Your third is that the King hath not the Right of Censuring or power to excommunicate I doubt not but you will acknowledg these your three Principles And the last you set downe pag. 151. of your booke in these words Nos Principi potestatem Censurae non facimus We do not giue power or authority to the King to vse Censures And againe pag. 380. Rex non assumit ius Censurae The King doth not take vpon him the Right or power of vsing Censures The former two Principles you in like manner set downe pag 41. thus Censura duplex est Publicani Ethnici minor maior Minor à Sacramentis excludit modò De maiore verò quae arcet Ecclesia ipsa quae perinde reddit vt Ethnicos vix quisquam est quin fateatur institutam eam à Christo Matth. 18. per verba Dic Ecclesiae si Ecclesiam non audierit sit tibi sicut Ethnicus De exteriori foro ibi agitur Exterioris fori Iurisdictio illo nec alio loco fundata est A Censure is two-fold to witt of the Publican Ethnick the lesser and the greater The lesser doth exclude frō Sacraments for the present But as for the greater which casteth out of the Church it selfe and maketh men like vnto Ethnicks there is scarce any man but will confesse that it was instituted by Christ Matth. 18. by these words Tell the Church if he will not heare the Church let him be vnto thee as an Ethnicke And in that place is it meant of the exteriour Court the iurisdiction of which exteriour Court is grounded on that and no other place c. Marke well what heere you say The iurisdiction of the externall Court where is it founded in the Ghospell In