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A91186 An exact chronological history and full display of popes intollerable usurpations upon the antient just rights, liberties, of the kings, kingdoms, clergy, nobility, commons of England and Ireland Prynne, William, 1600-1669. 1666 (1666) Wing P3962A; ESTC R232177 595,052 408

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inquisitionem haberi c. assumpta sibi authoritate propria neque a Canonibus neque vestris edictis sibi concessa convertit ad omne deordinationis et iniquitatis genus c. Proinde obsecramus et oramus ut vestra Majestas quamprimum religioni quae impugnatur subsidium ferat et celerem correctionem imponat illorum insaniae et tyrannidi quae quasi turbo ad Haereticam perfidiam audaciores corripit Iustum enim est ut vestra pietas Persidis et earum quae inter Barbaros sunt Ecclesiarum curam gerens Ecclesias etiam quae sub Romanorum principatu turbantur non despiciat The Orthodox Bishops on the contrary writ for the restitution vindication of St. Cyril and Memnon to these Emperors Supplicamus igitur Regiae vestrae Deoque dicatae Majestati ut sanctissimos et Deo dilectissimos Episcopos Cyrillum Memnonem Sanctae Synodo restituatis nequaquam a Canonibus condemnatos c. et ut patrocinium orthodoxae fidei quam hactenus et semper custodire sategistis So that both the Orthodox and Heretical Bishops in this Council acknowledged this Supream Ecclesiastical Jurisdiction by all these passages to be in the Emperors and Kings not them In the year 433. Pope Sixtus the 3d. was accused to the Emperor Valentinian for defiling Chrysogonia a consecrated Virgin by one Bassus a Presbyter who thereupon commanded a Synod to be summoned to examine the accusation where this Pope appearing cum coram Synodo 56. Presbyterorum causam dixissset cum magna examinatione in the presence of Valentinian judicio Synodico purgatus est et condemnatus Bassus a Synodo Bassus Valentiniani jussu in exilium pulsus est Lo here this Pope himself is 1. accused to the Emperor for Ecclesiastical offences by a Priest as the Supream Ecclesiastical Judge 2. The Emperor causeth a Synod to be summoned to hear and examine the cause which he referrs unto them 3ly This Pope thereupon appears before this Synod and in the Emperors presence pleads his cause purgeth himself and is acquitted by their Sentence 4ly His accuser is condemned and banished by the Emperor who approved their Sentence I find in Surius De purgatione Sixti Papae 3. this Narrative That when the businesse was fully examined in the Synod Levavit se Augustus ac dedit in arbitrio Sexti Episcopi judicare judicium suum Et discesserunt cum Augusto omnes An Argument of his Supream Judicature even in Synods There is extant a Letter of this Popes in Gratian directed Omnibus Episcopis requiring an account of this difference and the proceedings therein to whom he returned this answer Mandastis ut scriberem c. Scitote me criminari a quodam Basso injustè me prosequi quod audiens Valentinianus Augustus nostra instead of sua authoritate Synodum congregari jussit et facto Concilio cum magna examinatione satisfaciens omnibus licet evadere aliter satis potuissemus suspicionem tamen fugiens coram omnibus me purgavi scilicet a suspicione et aemulatione me liberans Sed non aliis qui noluerint aut sponte hoc non eligerint faciendi formam dans On which Bartholmeus Buxiensis and Dr. Thierry to extenuate the matter and exempt Popes from all Judicatures make this Glosse Valentinianus Synodum congregavit in qua Papa sponte se purgavit non dans formam caeteris successoribus suis sic se purgandi si noluerint Mandastis Mandat his minor majori nam praecarium verbum est Potuissem aliter evadere Quia Papa a nulo potest judicari nec etiam ab universali Concilio preterquam in haeresi But whether these proceedings and Historians do not directly contradict this Gloss and Popes extenuation of his trial let all men judge Finally these very Glossers propound this question Nunquid Papa potest Imperatori potestatem dare ut deponeret ipsum Resolving it affirmatively Sic in Haeresi de consensu Cardinaliam imo in omnibus se potest subiicere se And if the Pope himself may give the Emperor such a power why may not the Emperor exercise it without his gift by his inherent Imperial Jurisdiction as Gods Supream Vicegerent upon earth as here he did especially in case of heresie into which some Popes have fallen It is storied that Pope Liberius was summoned to come from Rome and appear at Constantinople before the Emperor Constantius for defending Athanasius condemned and excommunicated by the Council of Tyre and the whole world who thereupon appearing accordingly after a large discourse Liberius refusing to renounce his communion and justifying Athanasius his cause was by the Emperors sentence banished to Berea in Thrace after three dayes respite given him to advise Whether he would subscribe against his communion and so return to Rome or go into exile In this conference he used these expressions to the Emperour Judicia quidem Ecclesiastica O Imperator summa cum aequitate fieri debent Quapropter si tuae Clementiae ita visum sit Iudicium haberiiubeto c. Then speaking for the Orthodox Bishops that were deprived he added Quapropter si placet iube Episcopos ad proprias sedes restitui though deprived by the Arrian Bishops in three Councils hereby acknowledging the Supream Ecclesiastical Judicature and power of depriving restoring Bishops for matters of Faith to be in the Emperor Liberius after two years exile upon the Petition of the Roman Matrons to this Emperor was restored to his See of Rome which Felix governed during his absence but with this direction in this Emperors Letters Vtrosque communiter inter se Ecclesiam illam regere Itaque lectis Imperatoris in Circo lit eris plebs clamat aequam esse Imperatoris sententiam Hereupon Ambobus porro Felici Liberio permissum est communiter sacra curare et munus Apostolicum administrare Qui quidem concordes fuere quicquid medio tempore accederat rerum adversarum tristium per amnestiam oblivionem absoluêre Sed paulo post Felix mortuus est solus Liberius Episcopatum administravit Quod sic Deus recte providit Ecclesiae ita ut decebat rebus consulens ne primaria Apostolorum sedes foedam illam et incommodam a duobus gubernata ducibus contraheret notam quae res ab Ecclesiae constitutionibus est aliena discordiamque ut plurimum conciliare solet write Nicephorus Sozomen and others This Pope Liberius before his return to Rome taedio exilii fractus et Imperatoris beneficio illectus Arrianis subscripsit et in omnibus cum Arrianus sensit praeterquam quod cum Catholicis sentiret haereticos ad fidem redeuntes non esse rebaptizandos which Baronius in vain denyes This Pope no doubt might be more justly removed banished deposed for his Heresie by the Emperor after his subscription and Apostacy than he was at first for his orthodoxy and friendship to Athanasius unlesse the
havock of the Church and apprehended those that professed Christ whether men or women and haled them to prison persecuting them even to strange Cities and left them in bonds Yet when he was converted and preached Christ himself was apprehended and brought before the Council and Ananias the High Priest who commanded him to be smitten on the face when he began to speak and he was 5. times beaten with rods receiving 40. stripes save one as a penal punishment Yet neither the high Priest nor the Council were the Supream Judges in Causes Ecclesiastical but the Roman Governours Rulers and Caesar Hence the high Priest with the Elders and Council by Tertullus their Orator accused Paul first before Felix the Governor for being a stirrer up of sedition among all the Jewes in the world and ringleader of the sect of the Nazarens before whom Paul made his defence Afterwards he was accused by them before Portius Festus the succeeding Governour who demanded of him Wilt thou go up to Jerusalem and THERE BE JUDGED BEFORE ME not the High Priest or Council of those things whereof he was accused Whereupon Paul doubting his justice made this Appeal to Caesar himself as Supreamest Judge in all Ecclesiastical causes I STAND AT CAESARS JUDGEMENT SEAT WHERE I OUGHT TO BE JUDGED c. No man may deliver me to the Jews I APPEAL UNTO CAESAR Then Festus when he had consulted with the Council answered Hast thou appealed unto Caesar UNTO CAESAR SHALT THOU GO Festus soon after informing King Agrippa that Paul had referred himself to the hearing and Judgement of Augustus heard him again the second time before King Agrippa who resolved This man might have been set at liberty had he not appealed unto Caesar to whose Tribunal he was thereupon sent a prisoner to Rome to Caesar himself as the Soveraign Judge as well in Religious as Civil causes persons though a Pagan Moreover Saint Paul having cast a spirit of divination out of a Damsel at Philippi the chief City of that part of Macedonia it is specially recorded When her Masters saw that the hope of their Gains was gon they caught Paul and Silas and drew them into the market-place unto the Rulers and brought them to the Magistrates saying These men being Jews do exceedingly trouble our City and teach customes which are not lawfull for us to receive neither to observe being Romans And the multitude rose up together against them and the Magistrates rent off their cloathes and commanded to beat them And when they had laid many stripes upon them they cast them into prison charging the Jaylor to keep them safely who having received such a charge thrust them into the inner prison and made their feet fast in the flocks But the next morning upon Pauls message the Magistrates released and brought them out of prison themselves In fine our Saviour foretold his Apostles They shall lay their hands on you and persecute you delivering you up to the Synagogues and into Prisons being brought before KINGS RULERS for my name sake for a testimony against them compared with Christs prohibition to his Disciples The Kings of the Gentiles exercise Lordship over them and they that exercise Authority upon them are called Benefactors But ye shall not be so and with the forecited Texts are a most clear convincing Evidence that although the Jewish high Priests and Priests usurped rather a Temporal then Ecclesiastical power to fetch the Apostles before and scourge them in their Synagogues to apprehend them by their Officers Souldiers drag and cast men and women into prison for preaching and professing Christ and that not severally by themselves but in a mixt Councel of Elders Scribes and Pharises who were no Priests sitting advising and voting with them Yet the Supream power in matters of Doctrine and Religion even amongst the Jews during our Saviours abode with them and after his Ascension continued in the Roman Deputies Kings Emperors and chief Civil Magistrates alone as they did by divine institution in Moses Joshua David Solomon and other their own forementioned Kings and Supream Temporal Governours As for the Jewish Supream Court generally stiled their Sanhedrim consisting of 71. persons of the Elders Heads and Princes of Israel as the Jewish Rabbins and those who write of the Jewish Courts collect from Numb 11. 16. where they hold it was first erected and conceive it was like our Parliaments having conusance of all highest affairs I confesse I could never yet be satisfied by any Text of Scripture or solid Antiquity 1. That this Court of 71. or Sanhedrim was a setled standing Court sitting usually at Jerusalem and that during the Judges Kings and inter-regnums too till Herod put it down 2ly That the high Priests or any Levites were antiently Members of it which Godwin and others utterly deny 3ly That they intermedled with any Ecclesiastical causes as Supream Judges of them as some alleadge they did in the case of the Prophet Jeremiah where when the malicious Priests Prophets and all the people pronounced him I conceive only by way of accusation as in the case of Christ before Pilate when they cryed out Let him be crucified not vote or Judgement to be worthy of death the Princes of Judah who heard tydings thereof came up from the Kings house and sate down in the Porch of the house of the Lord and when they had heard Jeremiah his Apology and their clamours adjudged voted the contrary that he was not worthy to die and saved his life which proves the Princes only not the Priests or Prophets to be Judges paramount even in Ecclesiastical causes persons not the Priests in their imaginary Consistory Church Council 4ly It is granted by Sigonius Dr. Field most Jewish Rabbies Antiquaries that the Princes of Judah and Israel before the Babilonish captivity sat Chief Presidents in this high Court as they do in our Parliaments and that nothing was there passed but by their assents thereto till the high Priest after that restitution by usurpation not right sat Chief therein Therefore if we admit any such Soveraign standing Court erected and continuing so long as some pretend to erect such a Presbytery in themselves having conusance of Ecclesiastical persons or causes as well as Temporal or a kind of Ecclesiastical Consistory stiled a Council which some would difference from it though I hold them both one and the same erected devised by their Elders Princes Priests after their return from the Babilonish captivity it will no wayes enervate but ratifie my second Proposition That the Soveraign Ecclesiastical Authority in the Israelitish Church of God under the Law remained alwayes setled by Divine and Natural Right in their Kings and chief Civil Magistrates Princes Councils not in their High Priest Priests or Levites separated or conjoyned and that the Civil and Ecclesiastical power are but one and the same in nature distinguished only by the Civil or Ecclesiastical
ut resipiscant ab infidelitate et transeant ad fidem Hoc enim est bonum coram salvatori nostro Deo qui vult omnes homines salvos fieri ad agnitionem veritatis venire Especially Kings and Princes the principal instruments to draw others to salvation and the knowledge of the truth by their Examples and Edicts Pope Symnachus being accused of Adultery and other horrid facts to Theodoricus King of Italy Sancta Synodus apud urbent Romanam ex praecepto Gloriosissimi Regis Theodorici diversis ●●regionibus congregata in Christi nomine est this King not the Pope summoning this Council even in Rome it self Cum ex diversis Provinciis ad urbem Romam convenire Sacerdotes Regia praecepisset authoritas ut de his quae de venerabili Papa Symmacho Apostolici sedis praesul ab adversariis ejus dicebantur impingi sanctum Concilium judicaret ●egitime Liguriae Aemiliae vel Venetiarum Episcopis consulendi Regem incubuit necessitas concerning this accusation Who coming into the Kings presence respondit praefatus Rer piissimus bonae conversationis affectu plura ad se de Papae Symmachi actibus horrenda fuisse perlata et in Synodo oportere si vera esset inimicorum ejus objectio judicatione constare Whereupon the Examination of his crimes being referred to this 4th some reckon it the 3d. Synod held at Rome and that by the Popes desire to purge himself as well as by the Kings precept the Pope entred into the Synod et de evocatione Synodali ●lementissimo Regi gratias retulit et rem desiderii sui evenisse testatus est Upon his accusation to the King he was suspended ab officio beneficio by this King untill he had purged himself At his first appearance before the Council he complained of this his suspension as illegal being not made by the Council but out of it and prayed to be readmitted and restored by the Council et ut omnia quae per suggestiones inimicorum suorum a parte Cleri vel aliquibus laicis amiserat potestati ejus legaliter ab honorabili Concilio redintegrarentur seu redderenter et tanti loci Praesul regulariter prius statui pristino redderetur et tunc non ante veniret ad causam et si ita recte videretur accusantium propositionibus responderet Digna res visa est maximo sacerdotum numero quae mereretur effectum decernere tamen aliquid Synodus sine Regia notitia non praesumpsit Whereupon the Synod sent to the King to know his pleasure herein Sed suggestionibus per legatorum negligentiam non meruit secundum vota responsum But contrary to the Synods desire and opinion Iussus est Regis praeceptionibus Papa Symmachus ante Patrimonii vel Ecclesiarum quas amiserat receptionem cum impugnatoribus suis in disceptatione confligere qui potestatis suae privilegia et quae pro conscientiae quantum juste aestimamus emendatione submiserat nec hac voluit vice resumere Whereupon it was thought meet that the Libel prepared against the Pope by his accusers qui quotidie seditionibus appellabant should be received by the Synod Which being received accordingly and read there appeared two things in it which seemed either false or repugnant to their Ecclesiastical power The one that his Crimes whereof he stood accused apud Regiam constitit notitiam were pending before the Kings own conusans which was false he having referred him to the Council The second that they could prove him guilty of the Crimes objected by his servants addentes ut ipse mancipia traderet quibus quantum illi disserebant posset in judicatione superari Quae res Canonibus ipsis publicis erat legibus inimica c. Et dam inter ista quae essent facienda tractabatur praefatus Papa ut causam diceret occurrebat Qui veniens abirruentibus turbis aemulorum suorum ita tractatus est ut multis Presbyteris qui cum ipso erant per cadem ipsam mortis fuisset occasio quod probat recentium adhuc vestigia vulnerum nisi illustris vir Comes Alegerius sublimes viri Gutela Vedecelsus Majores domus Regiae perspexissent quos secum unde egressus fuerat ad beati Petri Apostoli septa convexerat Upon these tumults and confusions the Synod reported the whole series of their proceedings to the King as Supream Judge iterum Nos ad Iustitiam contulimus principalem scientes vivinitare propitia regere Dominum quem ad gubernacula Ita●iae ipse providerat They informed the King Saepe nominatum Papam post caedem cui subjacuerat cum suis si voluntatem rursus haberet ereundi ad judicium fuisse commonitum but that he could not canonically purge himself without great dangers and that by reason of the tumults of his accusers who resisted justice he could not be compelled to answer against his will Ad haec serenissimus Rex taliter Deo adspirante respondit in Synodali esse arbitrio in tanto negotia sequenda praescribere nec aliquid ad se praeter reverentiam de Ecclesiasticis negotiis pertinere committens etiam potestati Pontificum ut sive propositum vellent audire negotium sive nollent quod magis putarent utile deliberarent dummodo venerandi provisione Concilii par in Civitate Romana Christianis omnibus redderetur Whereupon the Synod by vertue of this reference from the King thought best to proceed no further in the examination of the fact but to referre the cause to Gods judgement acquainting the Roman Senate with their resolutions and desiring them to consider quanta inconvenienter et praejudicialiter in hujus negotii principio contigissent That all men are sinners and have need of Gods mercy and that the examining of this cause would do more prejudice and dishonor then good to the Church Wherefore juxta mandatum Principis non discuterent but referr the whole cause to God the Judge of secret things and so acquitted him from the Articles exhibited against him as to men Vnde secundum Principalia praecepta quae nostrae hoc tribuunt potestati quicquid Ecclesiastici inter sacram Vrbem Romae vel foris Iuris est reformamus totamque causam Dei judicio reservantes universos hortamur ut sacram communionem sicut res postulat ab eo percipiant Dei animarum suarum meminerint quia ipse amator pacis est ipse Pax est qui monet Pacem meam do vobis c. From these memorable proceedings against this Pope it is most evident 1. That the Pope in this age was subject and submitted himself to the Judicature not only of the Emperor but of Thedoricus the Gothish King of Italy who removed Symmachus and Laurentius from the Papacie contending for it and placed Peter Altinat therin to appease the Schism till the cause between them was heard and to a Council of Bishops even for scandalous crimes objected against him 2ly
beata quiete dignatur oft stiling him holy blessed divine happy semper eum qui in sanctis est Justinianum dicunt 17ly Learned Dr. Crakenthorp gives this testimony of him There cannot be found in all Scripture more fair evidence nor a more authentick Charter for the happy estate of any one in particular that lived since the Apostles times then is for this Justinian For what were the works which did accompany and follow him Truly the works of sincere faith of fervent zeal to God of love to the Church and children of God the works of piety of prudence of justice of fortitude of munificence of many other heroical vertues with these as with a garment and chain of pure gold Justinian being decked was brought unto the bridegroom Every Decree made or ratified by him for confirming the truth every Anathema against Heresies and hereticks particularly those against Vigilius and all that defend him that is against Baronius and all that defend the Popes infallibility in defining matters of faith every Temple or Church every Monastery and Hospital every City and Town every Bridge Haven and Highway every Castle Fort and Munition whether made or repaired by him tending either immediately to the advancing of Gods service in strengthening the Empire against his and Gods enemies Every Book in the Digest Code and Authenticks every Title yea every Law in every Title whereby the Christian faith or Religion or preaceable order and tranquillity have been either planted or propagated or continued in the Church or Commonwealth all these and every one of them and many other the like which I cannot either remember or recount are like so many Rubies Chrysolites and Diamonds in the costly Garment or so many links in the golden chain of his faith and virtues Seeing they who offer but one mite into the Treasury of the Lord or give but one cup of cold water to a Prophet in the name of a Prophet shall not want a reward O what a weight of eternity and glory shall that Troop of Vertues and Train of Good works obtain at his hands who rewardeth indeed every man according to their works but withall rewardeth them infinitely above all the dignity or condignity of their works I have the longer insisted in clearing Justinians Ecclesiastical Supremacy in matters of faith worship over all Ecclesiastical persons and Popes themselves with his piety as well as Regality in making collecting the forecited Ecclesiastical Laws because they are most punctual to my present Theam and most oppugned by Baronius Agapetus a famous learned Deacon of Constantinople in his Admonitorium to the Emperor Justinian hath these memorable passages Honore quolibet sublimiorem quanto habeas dignitatem O Imperator honora supra omnes qui hoc te dignatus est Deum quoniam juxta similitudinem caelestis Regni tradidit tibi sceptrum terrenae potestatis ut homines doceas justi custodiam Super omnia praeclara quae regnum habet pietatis cultusque divini corona regem exornat Sceptrum Imperii quam a Deo susceperis cogitato quibusnam modis placebis ei qui id tibi dedit quumque omnibus hominibus ab eo sis praelatus therefore above the Pope and all other Prelates magis omnibus eum honestare festina porro id ipse honestamentum arbitratur maximum si quasi te factos a se tuearis atque ut debiti solutionem benefaciendi munus adimpleas c. And he positively asserts Essentia corporis aequalis cuilibet homini Imperator potestate autem dignitatis cunctorum praesidi Deo nec enim habet in terris se quenquam altiorem oportet igitur ipsum ut Deum non irasci ut mortalem non efferri c. His Imperator non habet in terris se quenquam altiorem making much against the Popes Supremacy recited by Antonius Abbas in his Melissa the Roman Censurers in their Index Expurgatorius Romae excus Anno 1607. p. 200. and the Spanish Inquisitors in their Index librorum prohibitorum expurgand excus Madreti Anno 1612. in Agapeto p. 797. not deeming it expedient totally to expunge it are contented to yield the Emperors Supremacy in Temporals by adding this exposition of them in the Margin of future Impressions Intellige de Potestate politica seculari enough to subvert the Popes Secular Monarchy asserted by them and their flatteres when as Agapetus meant it of his Supremacy in Spirituals as well as Temporals as his precedent and subsequent words assure us against this false new marginal Glosse He adds Imperator ut est omnium Dominus therefore the Popes ita cum omnibus Dei servus existat his whole Admonitorium tends to prove that the advancement of Piety Religion and Gods Worship is and ought to be all Kings Emperors chiefest study care as well as honor and safety Pope Pelagius the 1. in his Epistle to King Childebert writes We must endeavour to declare the obedience of our succession unto Kings quibus nos even us who are Popes as well as others etiam subditos esse sanctae Scripturae praecipiunt to wit Rom. 13. 1 Pet. 2. Chilpericus King of France accused Pretextatus Bishop of Rhoan for Theft Treason against him and divers other crimes for which he declared se de jure in eum agere potuisse but yet he summoned a Synod to examin and hear the cause because he would not seem to crosse the Canons whereupon a Synod being called at Paris Gregorius Turonensis Episcopus though a great favourer of Pretextatus thus ingenuously professed and told the King Si quis de nobis Episcopis O Rex Justitiae tramitem transcendere voluerit a te corrigi potest but if you transgresse them who shall punish you We speak unto you If you be willing you obey but if you be unwilling who can condemn you but he only who hath pronounced that he is iust Not the Pope nor a whole Synod of Bishops as this Bishop confesseth Pretextatus being convicted of the crimes by his own confession was thereupon apprehended imprisoned and afterwards banished by this King but recalled and restored by King Gunthram his Successor This King Gunthram summoned a Synod at Lyons against Salonius Ebredunensis Episcopus and Sagittarius Vaxiensis Episcopus who being complained against for drunkennesse whoredom and other crimes and convicted thereof were deprived of their Bishopricks and thrust into a Monastery as Prisoners by the King for a time Afterwards complaining to the King that they were unjustly injured by the Synod they petitioned him sibi tribui licentiam ut ad Papam urbis Romae accedere debeant Whereupon Rex annuens petitionibus eorum datis Epistolis eos abire permisit When they came to Rome and comp●●ined to Pope John of their misery and unjust removal he writ to the King desiring him to restore them which he did After which they falling into new crimes by bearing arms murdering and oppressing