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A19951 An oration made on the part of the Lordes spirituall in the chamber of the Third Estate (or communality) of France, vpon the oath (pretended of allegiance) exhibited in the late Generall Assembly of the three Estates of that kingdome: by the Lord Cardinall of Peron, arch-bishop of Sens, primate of Gaule and Germany, Great Almenour of France &c. Translated into English, according to the French copy, lately printed at Paris, by Antoine Estiene. Whereunto is adioyned a preface, by the translatour.; Harangue faicte de la part de la chambre ecclésiastique en celle du Tiers-estat sur l'article du serment. English. Du Perron, Jacques Davy, 1556-1618. 1616 (1616) STC 6384; ESTC S116663 77,855 154

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who seeth not that it is a Sacriledge that hath at all times drawne the Ire Wrath and Vengeance of God aswell vpon Kinges and Princes as vpon particuler Persons who haue attempted the same Euery one knoweth that Saul (a) 1. Reg. 13 15. was deposed from the right of his Royalty and died a miserable death because he would take vpon him the office of a Sacrificer We know that Oza (b) ● Reg. 6. was punished with a sudaine death for putting his hand to the Arke that seemed to sway to the one side We know that King (c) 2. Paralip 26. Ozias was stroken with leprosy and excluded from the administration and gouernment of his Kingdome for taking the Censar into his hand And holy Writ saith (d) Malach 26. The lippes of the Priest shall keepe knowledge and the Law they shall require of his mouth because he is the Angell of the lord of Hostes. And the Prophet Esay (e) Esay 54. saith to the Church Euery tongue resisting thee in iudgment thou shalt iudge And againe (f) Idem 60. The King shall walk in thy light the people in the brightnes of thy rising And King Iosaphat distinguisheth the boundes of the one and the others Iur●diction in these wordes (g) 2. Paral●p 19. Amarias saith he the Priest and your Bishop shal be chiefe in these thinges that appertayne to God and Zabadias the sonne of Ismael who is the Prince in the house of Iuda shal be ouer those workes which perteyne to the Kinges office And our Sauiour (h) Matth. 19. saith himselfe VVhosoeuer shall not heare the Church let him be vnto thee as an Ethnick and a Publican And S. Paul speaking vnto Pastors (i) Act. 20. saith The Holy Ghost hath placed you Bishops to rule the Church of God which he hath purchased with his owne bloud And speaking to the Laytie he saith (a) Heb. 3. Obey your Prelates for they watch hauing to render an accompt of your soules And againe (b) Heb. 5. Neither doth any man take the honour to himselfe but he that is called of God as Aaron And therefore we see that the first Christian Emperours were euerso respectiue and Religious as they would neuer make themselues Iudges neither of matters of faith nor of matters of the Churches discipline nor of the Bishops causes among themselues for feare of violating the rectitude that Gods Ministers ought to bring to Ecclesiasticall Iudgments by the feare of temporall Iurisdictions And that if they published any lawes in such cases it euer was after the Bishops had passed them and to further the temporall execution of the decisions formerly made by Ecclesiastique authority It is not lawfull forme saith (c) Ruff. l. 10. Eccles h●st c. 2. Constantine the Great who am placed ouer temporalities to censure and iudge the causes of Bishops And the Emperour Valentinian (d) Sozom. l. 6. c. 7. the first said It is not lawfull for me who am of the Laitie to arrogate to my selfe the curiosity of searching into these matters And the Emperour Theodosius the second (e) Epist ad Sinod● Ephes writing to the Councell of Ephesus sayth It is not lawfull for him who is not of the ranke of Bishops to intermeddle himself with the decision of the affaires of the Church And the most glorious and victorious of all our Kinges which was Charlemaine confirming the answere that Censtantine made saith (f) Carol. m●g● l. 6. cap. 301. The Emperour Constantine answered vpon the accusations of the Bishops To me who am placed ouer temporalities it is not lawfull to iudge the Bishops causes And confirming that which the Emperour Valentinian had said he vsed these words (a) Ibid. Your busines is aboue vs and therefore iudge among your selues of your owne causes For you are aboue vs. And when on the contrary the hereticall Emperours would take vpon them to meddle with Ecclesiasticall iudgmentes the holy Fathers resisted them contradicted them with all manner of constancy We are not permitted said Hosius to the Emperour (b) Epist ad Const apud Athā in ep ad solit vit agent Constance to hold the Empire on earth nor to You to lay hand on the Censar and to vsurpe the authority of Religion And S. Athanasius sayth (c) Athan. epist ad solit vitam agen When was it euer heard in the memory of man that the iudgments of the Church tooke their force from the Emperour And againe (d) Ibidem He treateth not of matters of the Roman Cōmon wealth where there may be credit giuen to you as to an Emperour but he speaketh of a Bishop And a little after (e) Ibidem Who is he who seeing an Emperour occupying the chiefest place in matters of the Church would not iudge that it were the abomination of the desolatiō fortould by Daniel And Gregory Nazianzen (f) Greg. Naz. orat adcities ti percuis Princip irascent saith Will you heare a free word which is That the law of Iesus Christ subiecteth you to my Iurisdiction to my tribunal For we are Emperours also namly in an Empire greater and perfecter then yours And S. Ambrose (g) Ambr. ep 32. ad Imper. Valent innior saith Who maketh any doubt if we regard the order of the Scripture or the antiquity of the Church but that the Bishops in causes of faith haue a custome to iudge of Christian Emperours And againe Your Father said It is not for me to iudge betweene Bishops And your Clemency saith It apperteineth to me to iudge And S. Martin the renowned ornament of the Gaules saith (h) Apud Seuer Sulpit l. 2. sacrae hist It is an impiety new and not heard of before that a secular Iudge should iudge of matters of the Church And against this it helpeth not to alleage that the Emperour Constantine did call himselfe (a) Euseb l. 4. de vit Constant cap. 24. a Bishop out of the Church For Constantine by that meant nothing lesse then to say that he had iurisdiction and superintendency ouer the externall forme and discipline of the Church Els wherfore should he haue desired with so great instance the authority of the Councell of Nice for the decision of the day of Easter But he meant only to say that what the Bishops did by their preachings among the Christians within the Church that did he out of the Church by his Edictes against the Infidells He ordayned sayth ●usebius by his Edictes and gaue order to the Gouernours of the Pagans to cause them to keep the Sunday also aswell as the Christians and to honour the dayes of the Martyrs and the feastes appointed in the Churches And therof it came that hauing one day feasted some Bishops he called himselfe Bishop in their presence saying vnto them God hath placed you Bishops within the Church and me a Bishop out of the Church But me thinkes I heare You already say that
or bowed their necks to Christes yoke as we read that S. Greg. Turon in Clodoueo Remigius said to our first Christian King Mitis depone colla Sicamber they were not yet by a mutuall and reciprocall oath bound to their subiects to liue dye in the religion obedience of him who carieth written vpon his thigh Apocal. 19 Psal 105. Kinge of Kinges and Lord of Lordes And those wordes of the Psalme The Kinges nations shall be gathered togeather to serue our Lord Esa 49. were not yet at that tyme fullfilled Nor those of the Prophet Esay The Kinges shall adore thee prostrate vpon the earth and shall lick vp the dust of thy feete By meanes whereof they not hauing beeue declared vassalls tributaries of Christ nor hauing made to him any oath of homage fidelity nor hauing beene receaued by their subiects with that condition they should liue vnder the Empire and Ensigne of Christ and not beeing bound to their subiects by contract and mutuall oath when they began to proclayme warre against Christ they fell not by their owne proper Profession into any manifest cryme of felony neither declared they themselues by their owne iudgment vnworthy and to haue lost the Fee which they held of him they violated not the reciprocall and mutual oath that was betweene them their people But at this day the Christian Princes who haue for so many ages since made profession to be vassals and tributaries of Christes Kingdome and to subiect their Scepters their Diadems Crownes vnto his Empire who haue raysed seated and placed his Crosse vpon their Ensignes and in their standardes carried it vpon the forefront of their Diadems haue set it vpon the top of their Crownes haue stamped it vpon their monies and coynes that it might appeare whose tribute-coyne it was haue made these Inscriptions Christus vincit Christus regnat Christus imperat haue bound themselues after so long a tyme by oath at their Consecrations both to God and to their people to maynteyne the faith of Christ and with that cōdition receaued the Scepter at the handes of their Peeres and the reciprocall oath of the people These I say when they come to proclaime warre against Christ to breake the oath they haue made to him and to their Estates not by a simple act of contrariety nor by a simple declaration and fact of repugnāce but by a profession and protestation of a will alwaies bent to contradict and to oppose against him not by a simple violating and breaking of an oath but by a vow and oath of a mind resolued for euer to violate and break their oath not by simple default of faith but by the yealding of their faith and promise to the enemy of him to whome they had by a former promise and faith bound themselues that is to say by abiuring and persecuting the Catholike Religion and by publike profession of Arianisme or of Mahometanisme or of Paganisme Then they fall into a contumacy of perfidiousnes against God and make themselues incapable of the tenures they hold of their Soueraigne vnworthy to be acknowledged for Lieutenantes of their Subiectes and of those that be vnder their charge And from this derogateth not that which others object that Kinges cease not to be Kinges before their cōsecratiō therfore the oathes which they take at their Consecratiō are not essentiall conditions of their Royalty For they answer that Kinges before they be consecrated be presumed to haue taken their Oath made it to their people in the person of their predecessors as the people are also reputed held to haue takē their Oathes of Allegiance vnto their Kinges in that which they haue made to their predecessours In so much as when there happeneth any impediment of Consecration they are alwayes thought to haue made and taken their Oath in desire and will and implicitè as the Schoole Deuines say by a couered relation that the condition vnder which they raigne is pretended to haue to the oathes of their predecessors and namely to the first Kinges of the races and lynes They who are not only content to bind theyr Successors by their example to take the like oath to their subiectes but also to assure vnto them the Crowne with the more strong bandes they would oft see them consecrated in their owne life tyme teaching them by the oath that they caused them in such a case to take and make to their people with what a lawe and condition they passed the Crowne ouer vnto them 4. Cor. ● And to this they further add that where S. Paul sayth That it was ashame to Christians that they were iudged in causes that they had amongst themselues Cedr in com hist in Iust. ad lib. 1. tit 5.6.11 by the Infidells a thing which the Emperour Iustinian conuerted into a law when he ordeyned that neither Pagan nor Heretike should be admitted to the administration or gouernement of the Common wealth he seemed to insinuate that the commandement which the same Apostle gaue the Christians who liued vnder Pagan Emperours to obey them was a commaundement made by prouision and for the time namely vntill the Church were so multiplied and increased by the vniuersall conuersion of the Pagans to Christian Religion as it were or should be within the power of Christians to be able without perill and wrack of state to hinder the admitting receauing of any other Princes but Christians and to obserue this Law of Deuteronomy Thou shalt make one a King among the number of thy brethren Deut. 17. The second difference that is betweene the one the other Princes is taken frō the diuers condition of Christian people For in the time of the anciēt Pagan Emperours which is the tyme sayth S. Augustine meant by the first part of Daniels Prophecy Aug. epist 60. the Christian had not yet attayned the temporall Tribunall of Christ nor as yet apperteyned they to Christs temporall Kingdome For as much as Christ did not at that tyme exercise or manage any temporall Kingdome on earth neither had as yet any temporall Ministers of his Lawes but only exercised a spirituall Kingdome by his spirituall Ministers which were the Bishops and Pastours But after that the second part of the Prophecy was fulfilled that is to say after the conuersion of Kings and Countries to the Christian Religion and that Kings serued our Lord in feare and apprehended discipline or according to the Hebrew text did homage to the Sonne Psal 2. he then gayned and added the Christians not only to his spirituall Kingdome which he exerciseth by his spirituall Ministers which be the Bishops and Pastors but also to his temporall Kingdome which he exerciseth by his temporall Ministers and Substitutes which be the Kings and Princes who serue him sayth S. Augustine not simply as men in obseruing his Laws but as Princes in causing them to be obserued And therefore since the
the beginning of his Empire which continued but there yeares he called the Catholike Bishops home againe who had beene banished and sent into exile by Constantius his predecessour And in the end he had by fauours and his other carriage so gayned the souldiers of the Roman bands as they made almost all profession of Paganisme Whence it was that Iouian a Christian souldier being by them chosen after Iulian his death answered them that he would not commaund men who were not Christians For the answere which they made We are Christians was as much to say that all they made an outward profession of Paganisme to please Iulian yet in their heartes they continued still Christians By occasion whereof the feare of a greater ruine hauing hindered the Church from absoluing the Catholikes from the obligation of fidelity in behalfe of Iulian the Apostata they were still bound to do that which S. Austine sayth of them Aug in Psal 124. For the loue of the Emperour of Heauen they obeyed the Emperour of the Earth But some will say the Christians might well haue deposed the Emperour Valentinian for as much as they were the stronger in Millane when he would haue one of their Churches for the exercising of his Heresy therin It is true But to this the defendants of the affirmatiue part answere foure thinges The first that the memory of the Emperour Gratian his elder Brother and as it were Father and Tutor of the Emperour Valen●●ar and slayne by Maximus the Tyrant and the most Catholike Prince and the greatest freind of S. Ambrose that euer was changed all the malice or euill that the Catholike people could haue had or carried towardes Valentinian into fauour and compassion and into a desire of assisting him for the reuenging of that murther and making away of his Brother The second is that Valentinian was yet so yong the sonne of so Catholike a Father as there was not any cause or ground to despaire of his conuersion which also followed within a while after and that with so great an Edification of the Church as S. Ambrose celebrateth him for one of the most Religious Emperours of his age The third that though in the beginning the people conteyned themselues within the simple boundes of petition gaue Valentinian to vnderstand We contend not O Emperour but we become Suppliantes vnto you yet when Valentinian had a meaning to proceed further the people held their owne resisted the Emperour and stood so resolute in the matter as he fearing a tumult and reuolt was constreyned to yeild vnto them Hence it is that they thought not that the commandment our Sauiour gaue to his disciples when they persecute in one Cittie to flie into another was an absolute perpetuall precept but rather a dispensation a permission accommodated to the tyme wherein the Christian people either were still vnder Pagan Emperours or had not yet the meanes to make resistance against persecutions by might and force The Fourth is that the Emperour Valentinian his owne souldiers thought not themselues so bound in way of fidelity vnto him as they belieued they could not be dispensed with when he should perseoute the Catholikes For when the tumult began to be hoat they caused it to be signified vnto him that if he would come vpon the Place he should come thither accompanied for as much as they would assist and help him if they sawe him conioyned and to take part with the Catholikes els they would put themselues in company with the troupes that held with Ambrose But the propugners of the negatiue part recurre to the Analogy of other practises of the Church say that for Heresie the owners are not depriued of their goodes and consequently much lesse Princes should be spoyled of their estates To this agayne the maynteyners of the affirmatiue part bring two answers The one is that in this our Realme Heretikes loose not their goodes and the cause is for that the execution of the lawes made against Heretikes is suspended for the conseruation of the publique peace and tranquillity But if there should creep forth some third sect in France should begin to growe and were not come to be so great and to make a notable part of the body of Estate as Arianisme or Nestorienisme it is questionles that the other two would ●udge them who should make such profession worthy to be depriued not only of their goodes but of their liues also For this is practised at Geneua where Caluin caused Seruetus to be burnt and it is the practise at this day in England where the Most Renowned moderne King of Great Britany punisheth the Arians with losse of goodes and of life The other answere is that there is a great difference between the power that owners haue ouer their goodes and that which Princes haue ouer their Estates For goodes are made for their Maisters and Princes contrariwise for their Estates neyther haue goods any soule nor can be compelled by force or by example or by perswasion of their Maisters to loose life euerlasting as subiectes may be by their Princes by meanes whereof the preiudice of the one doth not make any consequence for the other And if this question be no where found certainly decided neither by scripture nor by the decrees of the ancient Church nor by the Analogy of other Ecclesiasticall proceedinges how is it that lay persons will of their owne authority and without light and president of any generall Councell of any Oecumenicall Synod of any vniuersall Assembly of the Church yea against the greater part of the rest of the Church cōuert this doctrine into an article of faith and make the Clergie to sweare it is conformable to Gods word cause them to abiure the other as a doctrine contrary to the word of God impious and detestable It is fiue and twenty yeares since those of your Order caried away by the tumult and trouble of the tyme laboured in the full Assemblie of Estates to establish one Fundamentall Law of Estate cleane contrary to that article of yours And now you propose another Fundamentall Law intituled of Estate and of Religion quite contrary to that former And will you not you but those by whose inspiration and aduise these clauses be crept into your Bill that the Laytie cause the Clergie to sweare it That the Laytie exact of the Clergie an Oath in matter of faith That the Laytie impose the Lawes of Religion vpon the men of the Church O reproach and shame Oscand all O gate set open to all sort of Heresies And shall our faith then be subiect to the varieties and inconstancy of the affections of the people who chaung euery fiue and twenty yeares And shall the flockes then be guides to their shepheardes Luc. 16. Hebr. 13. and Pastors And shall the children teach their Father And shall that then be frustrated that our Lord hath cryed aloud The scholler is not aboue the Maister And