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A68462 The right, and prerogatiue of kings against Cardinall Bellarmine and other Iesuites. Written in French by Iohn Bede, aduocate in the court of Parliament of Paris, and published by authority. Translated by Robert Sherwood.; Droit des roys, contre le cardinal Bellarmin et autres jésuites. English. Bédé de la Gormandière, Jean.; Sherwood, Robert. 1612 (1612) STC 1782; ESTC S113797 80,394 213

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of two extremities the meane of which consisteth in fiue royall prerogatiues The first is a power to make Lawes L. 55. v. C. de leg Tit. c. de ve●stig without the cōsent of any subiect necessary thereto consequently to coine mony to giue it value to stamp his armes vpon it to impose taxes according to the necessity of the State Secondly to make peace or warre be it to succour his allies or to reuenge an iniury L. vt Armorum Auth. de armis l. 1. ad l. Iul. de Ambitu l. ius gladij de reg iu. Doct. in l. 3. de iurisd omnium whosoeuer haue committed it Thirdly to create Magistrates and to establish or suppresse them Fourthly to take knowledge of and to iudge appeales definitiuely And lastly to haue power of life and death ouer all sorts of inhabitants in his kingdome ouer all persons resident within his Dominions and generally to dispose according to the lawes of their goods life reputation Of which points whosoeuer pretēdeth himselfe to be exempt resisteth the ordinance of God and are guilty of high Treason what pretext soeuer they bring CHAP. III. That Ecclesiasticall persons were subiect to Princes before the comming of our Lord IESVS CHRIST THAT is not new which is frō the beginning of the world 1. Ioh. 2.7 2. Ioh. 5. saith Saint Iohn Teneaut Sa. Iesuite in his Aphorismes Printed at Antwerp v. Princeps v. Clericis Wherefore we cannot sufficiently detest the new opinion of the Iesuits who teach that Ecclesiastical persons cānot be condemned for high Treason because they are not the Kings subiects To conuince which heresie to hinder that none following this doctrine doe any more attēpt against our Kings let vs lead these Pharisies to that which was at the beginning We haue no Hystorian more antient then Moses who from the creation of the world vntill his death in the yeare of the world 1493. telleth vs of no other superiour power but of the Prince ouer all the inhabitants of his Territory And accordingly hereunto Exod. 20. to the 25. Chapter the Law was giuen of God to Moses the Duke and King of the people and not vnto Aaron acording as it is written Ex. 24.7.8 that Moses tooke the booke of the Couenant and read it in the hearing of the people c. Tooke the bloud of the couenant and sprinkled it vpon the people And whē the chiefe Priest with all the visible Church had committed idolatry about the golden Calfe Moses reproued him saying to Aaron Ex. 32.21 What did this people vnto thee that thou hast brought so great a sinne vpon them To which reproofe Aaron answered him not that he could not erre nor his Church nor that hee iudged the whole world and was not to be iudged of any but acknowledged himselfe to be in the State and consequently the Princes subiect asketh him pardon saying Let not the wrath of my Lord waxe fierce The like reprehension Eleazer the chiefe Priest did take in good part when Moses said vnto him Leuit. 20. Yee should haue eaten it in the holy place as I had commanded In the same manner also as touching the iurisdiction for it was wholly in the hands of Moses Exod. 18.13 c. as being the Prince of the people iudging in person as in times past the Kings of France haue done or ordeining Iudges to take knowledge of causes which respect either the Church or processe betweene man and man Afterwards also there was references appeales in cases of difficulty which returned to Ierusalem 2. Chron. 19.8 Deut. 17.8 And to himselfe was giuen of God the direction of the seruice and order Ecclesiasticall and not to the Priests Against which truth it will not serue the turne to say that Moses was of the family of Leui for seeing hee reproued the chiefe Priests themselues it was not in quality of a Leuite who had bene inferiour to the least of the Priests if hee had not further had the quality of Duke So Dauid a man after Gods owne heart who tooke not vpon him aboue his charge hauing named Salomon his son for successor gathered a Councell 1. Chro. 23 numbred and distributed to the Priests their charges and offices described in that place which consisted not in commanding but in their administring before the Lord For to purifie all holy things for the shew-bread and for the fine flower for the meate offering and for the vnleueaned cakes and to offer burnt-offerings 2. Chro. 6. c. Salomon likewise dedicated the Temple and consecrated it to God in presence of all the Church And himselfe conceiued prayer and blessed the people the Priests being present Iosaphat also hauing broken downe the groues and banished the seruice of images 2. Chron. 19.3.8.11 Hee established in Ierusalem namely for the iudgement of the Lord Amariah the Priest and Zebadiah a ruler of the house of Iuda for all the Kings affaires 2. Chron. 17.6 and in the third yeare of his raigne he sent of his principall Gouernours and the Leuites with them for to teach the people And of Iosias it is written 2. King 23. And the King stood by the pillar and made a couenant before the Lord c. and it is added then the King commanded Helkijah the high Priest c. Who said not that the King had nothing to do to command him in matters which concerned the seruice of God but fulfilled the Kings commandement Likewise it is said of King Ezechias 2. Chro. 29 Hee opened the dores of the house of the Lord in the first yeare and in the first moneth of his raigne and repaired them c. called for the Priests and Leuites and said vnto them Heere me yee Leuites sanctifie now your selues and sanctifie the house of the Lord. Againe Now I purpose to make a couenant with the Lord God of Israel c. Then he said to the Priests the sonnes of Aaron that they should offer vpon the Altar he appointed the Leuites in the house of the Lord c. Then Hezekiah commanded to offer the burnt offering vpon the Altar Also he saith Now yee haue consecrate your selues to the Lord come neere and offer the sacrifices and praises c. Againe 2. King 18.4 Hee tooke away the high places brake the images cut downe the groues and brake in peeces the brasen serpent that Moses had made And he gathered together the whole Church and wrote letters to Ephraim and Manasses 2. Chro. 30 that they should come to Ierusalem to celebrate the Passeouer c. For the King marke it and his principall Officers with all the congregation had held a counsell in Ierusalem to celebrate the Passeouer in the second moneth 2. Chron. 31.3 2. Chro. 35 1. King 2.27 Nehe. 8.8.13 the Postes therefore went note it by commission from the King Also hee prouided for the sacrifices as did Iosias
faulty for hauing obtained of God a royall command in matters of pollicy with what authority will this Cardinall Iesuite maintaine the mixt power which he bringeth into the Church without any commandement or ratification from God Now not onely the Orthodoxall people but also Pagans haue had this instinct of Nature thus farre Cappadoces Iust lib. 38. that being left to their choice by the Romans who had vanquished them they instantly requested them to giue them a King protesting that they were not otherwise able to maintaine themselues and esteeming true that which Herodian saith Herod 4. that as Iupiter hath command ouer all the Gods so in imitation of him it is his pleasure that the Empire of men should be Monarchicall From this sence common to all men it commeth that the warlike Nation of Macedonia hauing bene foyled in warre Iust 7. before they returned againe to the battell went to fetch the cradle wherein their yong King lay and set him in the midst of the Campe supposing that their former mis-fortune proceeded from this that they had not with thē the good augure of the Kings presence And although ambition carry men thus far either to cōmand or not to obey any but men of quality and merite yet we reade that the Sicilians did beare so great a respect to the last will of their deceased King Iust 4. that they disdained not to obey a slaue whom King Anaxillaus had appointed Regent during his sonnes minority And Xerxes flying from Greece in a vessel so full of men of warre that it was impossible for him to saue himselfe without casting away some part of them said vnto them O yee men of Persia Herod 8. let some among you testifie that hee hath care of his King for my safety is in your disposition And then the Nobility which accompanied him hauing adored him cast themselues into the sea till the vessell was vnburthened The third order of reasons is taken from Gods institution practised in Adam Noah Nimrod Moses Ioshuah yea in expresse tearmes for Saul speaking thus to Samuel 1. Sam. 8.22 Ratificatio retrotrahitur mandato aequiparatur Hearken vnto their voyce and make them a King And if with men ratification be equall to a commandement by much stronger reason with God who is not induced to change his purpose by any perswasion nor forced to doe that which displeaseth him by any violence Now that his will was to establish a King appeareth not onely by his decree and counsaile as then hidden and since reuealed but by his will manifested long time afore in these words Deu. 17.14 When thou shalt come to the land which the Lord thy God giueth thee and shalt possesse it and dwell therein if thou say marke that hee forbiddeth them not to say it I will set a King ouer me like as all the Nations that are about me then thou shalt make him King ouer thee whom the Lord thy God shall chose Note these words against the new heresie of our Iesuite who in his third booke Recognitionum quaest de Laicis vpon this false ground that Kings haue not their authority immediately from God but from the people maintaineth that they are Kings no further then it pleaseth the subiects For by this Text it appeareth that God chose Saul 1. Sam. 10.20.24 Also it is written That after Samuel had gathered together all the Tribes to wit for to cast lots that the Tribe of Beniamin was taken and it followeth after Not any among all the people is like vnto him whom the Lord hath chosen And if the Lot gouerned by God alone be not an immediate vocation from God these Doctors with their blasphemy may as well reiect Mathias from the Apostle-ship and make him an Apostle of men as the King of great Brittaine hath iudicially and to purpose obserued out of whose writings I haue borrowed many arguments inserted in this Treatise Seeing then that this high charge is giuen of God where is the man so presumptuously rash that dares blame this order and will depose him whom God hath established It is therefore God which createth degradeth Kings Dan. 4.22 5.18.21 Prou. 21.1 Deut. 2. and none other which holdeth their hearts in his hand for to bow them as hee did the heart of Darius and of Nebuchadnesar or hardeneth them as hee did Pharoahs and the Kings of Syon For it is written Exod. 6.7.8 Wised 6.3 Power is giuen you of the Lord and Principality by the most high And IESVS said to Pilate Ioh. 19.11 Thou couldst haue no power at all against mee except it were giuen thee from aboue Pro. 8.15 Also in the Prouerbs it is said By mee Kings raigne and Princes decree iustice The obedience therefore which is due vnto them is grounded on this Law written with the finger of God Exod. 20.12 Honour thy father and thy mother For the name Father is attributed vnto them not onely because they containe particular persons in their duty but also for the body Ecclesiasticall for they are called Esa 49. Nursing fathers of Gods Church for to containe it within the discipline of the Law are not thēselues children of the same to be vnder the rod and chastised by priuation from their kingdomes Yea rather the Apostle saith to the Romanes Let euery soule bee subiect vnto the higher powers Rom. 13.1.5 for there is no power but of God And hee addeth wherefore yee must be subiect not because of wrath onely that is to say for punishment but also for conscience sake Whence it followeth that the authority of the Prince is of Diuine right seeing it bindeth the soule and conscience which hath onely God for superiour Law-giuer And for to take away all ambiguity from equiuocating Doctors who distribute of powers temporall and spiritual ouer some subiects the Apostle expoūdeth what these powers ordained of God are 1. Pet. 2.13.14 Whether it be to the King as vnto the Superiour he excepteth no persō or vnto Gouernors as vnto thē which are sent of him Therefore vnder the name of powers are cōprehended the kinds of lawfull gouernment namely Monarchicall Democraticall and Aristocraticall And to manifest it more clearely the Apostle designeth these powers saying that the Prince beareth not the sword for nought Rom. 13.3.4 It is then the power of Princes which beare the sword whereof hee speaketh and not of them which beare the Crosier staffe for they are subiect to the temporall Magistrate as it is written 1. Pet. 2.17 Feare God and honour the King comprehending in two words the doctrine of the first and second Table as the Wise-man also doth in his Prouerbes My sonne Pro. 24.21 feare God and the King and meddle not with them that are seditious or according to the naturall translation with men which innouate or transforme themselues Now the reason of this prohibition is that they which are desirous
earth Bulla Iulij 3. sess Latran Non Decembris 1512. giueth Law to Temporall powers in Temporall things for there is read a Bull in this same Councell whereby Iulius the second forbiddeth faires to bee kept at Lyons and will haue them bee kept in another Citty ad Gebenensem ciuitatem To conclude hee setteth himselfe aboue the Church which he prostrateth disheuelled at his feete and calleth his seate Babylon of which speaketh Saint Peter in his first Catholicke Epistle 1. Pet. 5. And to the end that in the mouth of two witnesses this truth may bee confirmed I will bring forth yet another Parasite that was Generall of the order of Preachers 2. Sess in Orationem Caietani and had for recompence of his blasphemies a Cardinals hat his wordes may bee thus enterpreted speaking of the Church It shall obtaine if you will and command it if you imitate the power perfection and wisedome of God Almighty whose place on earth you ought to hold not onely in honour of dignity but in affection of will Gird your swords for you haue two one which is vnto you common with other Princes of this world the other which belongeth in such sort vnto you that none can haue it but from you c. Set forwards set forwards happily destroy the nations that desire warre seeing you raigne Priest and King c. And speaking of the mercy of the Pope the same will make you most excellent aboue all the Kings of the earth ergo the Popes mercy is diuine it will make you worthy to be worshipped gracious a friend and most-like vnto God And because we suppose many of quality will come to this Synode by the mercy of God and yours c. Magne regnator Deúm tam lentus audis scelera Senec. Tam lentus vides ec quando saeua fulmen emittes manu CHAP. IX That the Pope exalting himselfe aboue Kings in the manner as Cardinall Bellarmine will haue it exalteth himselfe also aboue all that is called God in Temporall things THE Teachers of nouelties submitting peace and war obedience rebelliō of subiects to the wils of Popes remember not what was in the beginning and that which we haue aboue proued For when the Magistrate hath bene a beleeuer hee hath euer bene aboue the Church to reforme it both in head mēbers being the Guardian to whose trust is committed the Law of God whereof hee is to haue a Copie which is cleere in points necessary to saluation and if there be obscurity in any place it is cleered by the reading of the same Neh. 8. according as Nehemiah practised and of this forme of enterpreting we need none other witnesse then Pope Clemēt who saith that we must not take a sense out of the Scriptures Clem. epist 5. ad discipulos Can. relatum dist 37. c. but must take the sense of truth from the Scriptures and he yeeldeth the reason of it because all men may take from them a full and firme rule of truth And if some Christian Emperours would not take knowledge of Ecclesiasticall causes it followeth not but that they had the authority and right to do it Deut. 17. For not onely the Priests and Leuites which did their duty tooke knowledge of thē but also the Iudge established by the Soueraigne Magistrate So when Ruben and Gad Iosh 22. with the halfe Tribe of Manasses had builded an Altar neere Iordan it is said that all Israell gathered together in Sylo to examine the matter sent ten of the principall of euery tribe vnto thē So Gedeō being established Iudge destroyed the Altar of Baal c. Cyrus Esd 1.16 Neh. 1. Darius Artaxerxes ordaine that the Temple shal be builded againe Esdras Nehemias take cōmission from thē In like maner vnder the Gospel Constantine Valentinian Theodosius assemble Councels We will say they bee present in the Councell after the example of Constantine not to make shew of our power but to confirme the faith c. and it is chiefely said that they which were of the Senate made decrees Cyrill Also Saint Cyrill reporteth that the Councell of Ephesus sent to Theodosius and Valentinian for to render them a reason of what was passed touching the condemnation of Nestorius And the Councels of Aix and of Arles Art 3. In praef Conc. Cub wrote to Charlemaigne praying him to confirme their decrees yea they did beseech him by his wisedome Ca. 45. nō in f. praef mag Can. vtinā 96. distinct Also Pope Nicholas writing to the Emperour Michael acknowledgeth that when there was debating concerning the Articles of faith Emperours were wont to be present in Ecclesiasticall Assemblies According to this power of Emperours vnder the Law of Moses the Church hath bene reformed not in the members onely but also in the head Salomon deposed Abiathar and Moses reproued Aaron and Eleazer Constantius also the sonne of Constantine the great deposed Liberius though without cause The Emperour Otho deposed Pope Iohn the twelfth Plat. in vita Greg. 6. Abbas Vesp an 1406. Sigismond deposed three together at one time and Henry the third as many namely Bennet the ninth Siluester the third and Gregory the sixt The French Kings haue also deposed and created many specially Boniface the eight was displaced by Phillip the Faire who translated the seat to Auignon where it continued 74. yeares and there were resident in that place sixe Popes one succeeding the other by the appointment of the King And this right of deposing Popes is treated of by a certaine Chancellour of the Vniuersitie of Paris Gerson one of the most learned Sorbonists of those times in his booke de Auferibilitate Papae That is farre from being absolute Lords in Spirituall and Temporall things For if euen in Spirituall things lawfull Councels haue required the approbation and authorization of Emperours it followeth that the authority and Soueraignety is wholly theirs velitis iubeatis as in the people of Rome so farre is it off that the Pope or his Colledge can determine any thing soueraignely Also the Kings of France and the Gallicane Church haue preserued to themselues appeales as in case of abuse from such decrees yea so often as Rome abuseth her pretended iurisdiction the Lord Chancellour giueth (a) Can. filijs 17. q. 7. can boni principes 96. dist can Tributum 22. q. 8. letters in case of abuse Now wee must know that wee call notorious abuse (b) L. ob qua §. Idem l. 1. §. sciendum de Aedil edicto when the act that is made is voide when it is against the nature of the act or else made by a man that hath no power (c) Inn. Pan. dd Can. Cum olim de causa possessionis to do it so as that not onely by the authority of the Prince but of priuate (d) L. prohibitum l. defensionis doct de iu. fi li. 10. c.