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A01107 The true dyffere[n]s betwen ye regall power and the ecclesiasticall power translated out of latyn by Henry lord Stafforde; De vera differentia regiae potestatis et ecclesiasticae. English. Fox, Edward, 1496?-1538.; Stafford, Henry Stafford, Baron, 1501-1563. 1548 (1548) STC 11220; ESTC S102496 87,647 232

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playnlye shewe that it was inacted and obseruyd that one Bisshop as the bisshop of rome shuld not bere rule ouer al other Fyrst it was decred that the bisshop of the firstse shulde not be callyd chefe or hedde of all prestes Non ought to be called they chiffe or hede bysshope or he preist or the hyest preest or any suche name but onelye they Bysshop of the fyrst or chefe see For there was at that tyme thre patriarkes of whom euery one was called Bysshop of the hiest see In cōsilio my leuitan that is to say the Bysshop of Antioche of Alexandrya of rome He that is excommunicate in on diocesse ought not to be reduced in to another diocesse as Gyrald doth wryte in his Cronycles and in the councel of Mileuitan in the xviii Chapiter Whosoeuer be excommunicate in Aphrica yf they gopreuely into other partes beyonde the see there to be taken or receuid into comunion of christen men he shal therby lose his clarke shyp and Runne into Daunger of Irregular in the xxviii chapiter And if so be that in the mother churche the bisshop be necligent agaynst heritickes let the other Bisshopes nighe aboute him diligentli assemble them selfes to gether If the Bysshop of the mother churche be necligēt he shuld be warned of the other bysshoppes nighe aboute warne him of his necligens that he maye not excuse him selfe But if it so be that with in sixe monethes after this assembling If the excucion therof be in his ꝓuince he do not labour and sewe to conuerte them to the vnyte of the catholyke faythe lett him not receiue or minister Sacramentes tyl the tyme he fulfil it If the doctor or executour com not to the places let not the wyte be ascribed to the bysshop And in the .xxiii. Clarkes may Appeale from diocese vnto the bysshoppes next aboute from thē to the coūcels or primaces of the prouynces chapiter also it pleaseth vs that prestes deacons or other infer●or clarkes in causes as shall chaunce thē to haue yf they cōplayne of the Iudgement of theyr own Bysshop let the Bisshops the be nye vnto thē here thē and finisshe betwixte thē what mater soeuer it be so they be chosē bi them and with consent of theyr bisshops if it shal be thought necessari to apele also frōthē the shall not apeale but vnto the coūcels of Aphrica or else vnto the primaces of there prouinces And whosoeuer will apeale vnto other perties beyond the sees shal not be suffered in Aphrica to receyue the communion of christen men Conci niceuo cap. v And the councel of Nycene hath ratyfied that causes shulde not be determyned out of the prouīces where they began Causes shuld be determined within the prouinces where they begonne and whosoeuer were excommunicate in one prouince shulde be receyuid of no mā in cōmunion in ani other prouince the bisshop of rome is not except Of this matter treatyth an Epistl of the councel of aphrica vnto pope Celestyne In concicartage vi in fine in so moche sureli that this day the churche being wel encreased doth forbydde nowhyt but si the suche vnite is not necessarye Vnite is not necessarie but there myght be xx heddes there might be twentie constituted whiche thinge it is very lyke that the bysshops of rome did feare leaste hit shulde haue come to passe Phocas emperour ¶ And therfore boniface did sew vnto the emperour Phocas that the prymacy of the churches of Rome hauing then nosure ground worke Some good mē that were bysshoppes of might be constituted and confyrmid by his commaundementes lawes for olde bysshopes of rome dyd refuse that vniuersal primacy and prorogatyue offered frely vnto them in the councel of chalendonense andone of them vsed the same honour rome dyd refuse the prymaci offered to thē frely in the coūcel Paulus decimus de gest rone li xviii Gregorius in regist li iiii fyrst of al that durst name himselfe the vniuersall bysshop was Iohn bisshop of constātinoble Iohn bisshop of constantinoble was the fyrst that named hym selfe vniuersal or hede bysshope for the which cause he gate him gret enuye and troubled all the worlde with his contencion but the Bysshoppes of rome resysted hym stiffely fyrst pelagius and after gregorius yet they toke not vpon thē that honour But onlye they thus suppressed the entent of Iohan. Bonifacius the iii gat the primaci by the hel be of the Emperour phocas Tyll at the last arose Bonifacius the .iii. whiche by the ayede and helpe of phocas the emperour gate vnto him and his successors the chefe honour and primacye But not without great contencion striffe because the bysshop of constantinoble did stiffeli affirme that the preuilege belonged to hym here maye Rome vnderstande yf she be not vnkynd or forgotting of benefites done to her howe moche she is bound vnto bonyfacius the .iii De inā et obediē in extrera cap vnā sāct the .viii. of the whiche .ii. bonifacius the fyrst dyd arme his seat with one swerd the other dyd arme it with twayne Bonifacius the iii dyd arme the see of rome with on swerde boniface the viii dyd arme hit with twaen Insomoch they toke away from princes there swerde but where as he doth permytte them of his gentylnes and so dyd amplyfye his domynion With so greate and extreme desyre to beare rule that he was not content to be ruler of one worlde The bisshops of rome were not cōtēt with the rule of one world but that y mouste spoyle purgatori and rule ii worlds as the sainge is of Alexandria but he began to Raygne in hel that by his authorite he wolde Robe or spoyle purgatorye so haue domynion of two worldes But the fyrst bonifacius did obtayne his primace by the commaundementes of and Statutes of Phocas Constantinus had ordeyned the same before as Martine doth wryte in his Cronicles Phocas emperour But in dede Iustinian the good Emperour doth shew in his lawes Cōstantinus Emperour that the cyte of Constantinople .iii. Iustiniam emper spirytuall thinges dyd enioye the preuilege of olde Rome And after that tyme in the prouynce of Auynion the prerogatyue dyd contynewe consyste Successiuelye whiche is called the seate of Peter These did cōtinew at auinion long season and is called the seat of peter which prerogatiue yf it had be belongynge to any place and the proper Iurisdiccion of the cytie of Rome bi the lawe of god it could bi no meanes been translated thense But that prerogatyue were personal it was exinete with the person of Peter But as we in peter do vnderstand his confession or else the person of a bisshope in whiche case it shulde be consequent that the power doth not pertayne belonge to them that syt in the seate of peter but to them
The true dyfferēs betwen the regall power and the Ecclesiasticall power Translated out of latyn by Henry lord Stafforde ¶ To the hygh myghty prynce Edward by the grace of God Duke of Somerset Erle of Hertfor be Viscount Beauchamp lorde Seimour vncle to the kinges highnes of England Gouernor of his most rial persone and Protector of al his Realmes dominions Subiectes Lieuetenaunte generall of al his Maiesties Armies both by lande and see Threasaurore and Erl● Marshall of Englande Gouernor of the Isles of Garrisey Iersey and Knight of the moste noble ordre of the Garter Henry Lorde Stafford to his grace most bounden wyssheth helth felicite with encrease of honour AMong other great Plages that this Realme of Englande encreced whylest the scryptures were vnknowen ryght excellent prynce there was none greater thā that by mere ignorāce of godes worde by a long processe of yeres falshed was receyued for trouthe euyll for good superstytion for true religyon Wherof ensued no lesse peryll to oure selfes than manyfest dysorder in the publike estate gouernaunce whylest the people habandonyng the obedience due to theyr souerayn Lyege lorde Kyng dyd in stead of hym adhere and clene to an vsurper and tyrant who not onely kepe theyr bodyes but theyr soules also in most myserable seruytude and subiection I meane that Antechrist and head of al abhomination the Bisshop of Rome whose bondage and thraldom that we be now delyuered and made fre The hole cause and benefyte is to be ascrybed to the illustration and setting furth of goddes holy worde And as the thanke therof is geuen to almyghtye god who admytteth no partenets of his glori So next vnto hym aboue all Mortal mē are we bound to the worthy Prynce of eternall memory kynge Henri the eyght Who puttyng on the armour of gods worde droue out of this Realme the wronge vsurp●t of hys power and auctoryte Regall and delyuered his people fro the captyuyte wherin the Byshops of Rome hadde longe tyme kept them Yet lyke as the temple of God in Hierusalem was begon by Dauyd and fynyshed by Salomō so many kindes of supersticiō wer abolished by the sayd good Kyng and no fewer left to be reformed by hys gracyous and most lauful sonne oure new soueraygne lorde Kynge Edward the syxt By whose happy and bly syd procedynge hytherto it is euydent to the world that god is his guyd directyng his passage to the parfectyon of al vertue and godlynes A notable experyment wherof we haue by the holsom and holy lawes that procede from his grace in thys hys mynoryte and chyldhed to the aduauncement of Goddes worde and extyrpatyon of al hypocrysy and fals religyon For the whyche benefyte how moche the realme of Englande to bounden to hys magesty my pen can not suffycyently● set it furth But thys must al men confesse that as long as the memory therof shal remayne so long shal the honorable fame and prayses of hys grace be fresshe and grene in al true Englyshmens hartes Whych I sucke not so moche for the syngular benefytes by your grace extendyd too me preuayle as for the greate wealth and commodyte redoundyng to al men vnyuersally Wherfore deuysyng wyth my selfe in what wyse I myghte showe my selfe thankful or at the least not vnmyndfull o● so ample merytes me thought I could do nothyng eyther more gratefull to your grace or more profytable to my countree than to helpe forward in this cause of relygyon And seing the manyfold errour and confusyd heretofore sproyng in this Realme by reason that the true dyfference betwene the power regal ecclesiastycal was eyther not wel knowen or not wel defyned I bethought me of a boke lent me by my frend master Morison writē in the laten tongue wherin the dyfference of those two powers with the lymyt●s of eyther of them is so playnly set oue● so pureli explaned and so dystinc●lye dysclosed by scriptures as no man I suppose oneles he be to set drowned in the dregges of popery and superstytion can be in ony doubt of the throuth the vtylyte of whych worke wel weyed with the late controuersy about the same matter moeued me fyrst to the translation therof maruaylynge that a matter so prouffytable and necessary to be knowen shold be so longe suppressed or that the hygher powers had not in so longe tyme prouyded to set hir abrode as well the Englyshe tongue as it is in the latyn Neuer the lese rather than my Countre shuld be vtterly frustrate of so great fruyte as myght growe by redynge therof I thought it a well bestood labour to euen it into Englyshe the translacion wherof I submyt to the indyfferent Iudgement of al lerned reders requerīg theyr ayde where eyther I haue erred or else not parfytly rēdred the sentence of the autor Wherfore pondryng my weykenes and want of connyng I praye ayde of your grace to whome for my better defence I dedycate my labours that they may passe forth vnder your protection of whome yf in stead of praise I receiue pardō of my boldnes it shal be to my suffycyent recompence Almyhty god long preserue your grace to the aduaūcement of his glory to the honoure of the kynges Magesty and prouffyt of his People Amen ¶ Here after foloweth the Table of this boke ¶ Ambrose of the vicare of Christe folio ix Augustyn folio xiii All preistes in Peter receiued the keyes of heuē fo xiii Another texte whereby papistes chalenge authorite for the bysshop of rome folio xiiii Al bishops prestes haue equal autorite with Pe. fo xv An euyll preiste of his pristhed gettith rebuke folio xvii Alexandre and Antiochia were the seates of Peter before rome folio codem Augustē of the questions of the new Testamēt fo xxi A priste and a bysshop al one folio xxvi At Alexandria pryestes chose one of them selfe to be ruler and called him bysshope folio xxvii A saing of saint Augustin a sermō to the people fo xlvi A priuate lawe is writton in the harte of men folio lii All thynges were done in the house o● God at the commaundement of the Kinge folio lxvi Almen ought to praye for Kinges folio lxxi Athanasius complayneth to Constantyne Fol. lxxvii An acte made by Kinges that no man shulde apele out of the Realme folio lxix A preiste for murdre and vycyouse lyuing shall be deprauyd of ordre and promocion folio lxxxi Adelston kinge dyd make a lawe of tenthis Fol. lxxxii Aluredus Kinge folio lxxxiii A prest that denyeth baptime shal dye folio lxxxiiii Abbotte of batel may saue a thefe fo lxxxvii B. ¶ Byshoppes that were mooste vertuouse toke leeste vppon them Folio v Bysshoppes of Rome symonyackes folio viii By Peter is vnderstādid the vniuersal church Fol. xiii Bysshops haue suffred the contrary to their lawe to be kept and knowe it folio xl Boniface the thyrde gate prymacye by the helpe of the Emperoure Folio xxx Boniface dyd arme the see of rome
that succed vnto his confession or into his dignite Hieronius ad Euagriū That is to say as sait hierom reherseth that that power shulde be vnderstand to be geuen to bysshops by god in what place so euer they be God gaue bisshops authorite but non dominion not withstandyng whē he gaue them this authorite he gaue them not domynion wtall For where as he speaketh of dominion he sayth thus luc .xxii. kinges of the gentilles haue domynion ouer them but it shall not be so with you Christ forbeddeth superiorite amongeste his dysciples but whosoeuer is hiest amongest you lett him be as the loweste he that is chefe as he that doth minister of the which words barnarde doth playnelye affyrme that the apostles were interdute al diminion and thus doth he inuay or speake agaynst them that wold chalenge to them dominion Barnards de consideracion ad engeniū li ii he sayth then go to be bolde and vsurpe as a lorde the office of apostle or else beinge apostle take vpon the lord shippe dominion for surely thou arte prohibite from bothe yf thou wylt haue both attones together thou shalt loose both or elses thou shalt be of that nomber of whome it is spokē they haue raygned but not by me ¶ Vnto thys agreethe verye well that Ex quadrunio that is wrytten inquadrunio let him vse the swerde that hath receuyd authoryte of the swerde For verelye Authoryte or power was constitute by god that they shulde take the sworde to the punischemēt of the ill doers And vnto the prayse of them that do wel of them the vsurpe or take vpon them the swerde it is wryttyn euery man that taketh a swerde shall perishe with the swerde ponder there the wordes of chryste yf thou professe thy selfe to be the discyple of christe Prices of the gentiles beate rule ouer them and they that haue authorite ouer the ar called gracious lordes but you shall not be so He that with highest sayth chryste shal be lowest but he that wylbe highest amongest you lett hym be your seruaunt ¶ If thou take vppon the they ministery of seruis of christ if you refuse not the yoke of our lord abide in the same estate in which thou waste called i. Pretri v and suffer lay men to haue the dominion of the people Lykewyse blessed Peter in the .v. Petri v chapiter of his fyrste epistle sayth I desire you prystes which am also a preest my self as moche as lyeth in you fede the fllocke of chryst haue the ouersight and cure therof not as compelled therunto but with a good wil not desiring vnlawful lucre but with a good mynde not as excusinge dominion or authorite ouer the charge but that ye geue god the example vnto the flocke And Barnardus vpon these wordes of Peter wrytyng vnto Engenius sayth thus Dyd he leaue dominion vnto his successors Barnardus de consideraci one li ii Here peter him self not berynge rule he sayth and lest he shulde thynke he spake yt onely for humilite not for trewth it is the sayinge of our lord in the gospell Peter left no dominion to his successors Kinges of the gentilles beare rule ouer them c. Furthermore paule in his seconde epistle to the corinthians saythe ii Cor i●● We be not as lordes ouer you vnder the title of fayth but we be helpers of your ioyr Chrisostō li ii dialog cap iii Chrisostome cōfyrminge the same sentence sayth We haue no dominion for these that be without seculer Iudges Imeane when they haue subdued all lewde and yll persons do shewe excercyce great power agaynst thē and refrayne them whether they will or ●o from theyr olde and vyciouse maners and vnthristines But in the churche it is necessarye to conuerte them that be wyllyng and not by coaccion or compulciō for we haue no power geuē to vs by the lawe that by aucthoryte of sentence we maye constrayne any mā to refraine from his offences and vices The churche hath no power to cōtrayn or to ponishe vnto the which sentence hierom in his epistle to Helidorus in the exitaphe of Nepotianus doth agre and assent sainge a kīg ruleth men whether they wil or no A bysshop them that be willinge The kynge maketh them obediente and subiecte with feare or drede the Bisshop is geuen to serue mē Besides this Gregory bysshop of rome dyd commytte the examinacion of worldly causes to them which had knowlage and lernynge of exterior thinges Gregorye in Iob cap xxxi Worldly causes longe to laye Iudges not to sperytuall men as seculer and civill causes And from them that be endewed with spiritual goods he taketh away all busines solicitude of worldli thinges that they maye the better entende to serue order the superioure goodes whē they be not compelled or bounde to dispose the Inferioure goodes What thynge coulde more playnely declare that bysshopes and prelates shulde not intermedle with Empire or dominion than those wordes of chryst in the Euaungelyste Iohn Prelates shulde not medle with empire or dominion which pertayneth to kyngs Iohan xviii My kyngdome is not of this worlde That is to saye after the commen glose I am not to rule or raygne as with temporall dominion for that is the offyce of kynges as ye maye gethe● of these wordes in the actes of the apostles Actes xxvii● ¶ I stande at the Iudgement seat of Sesar where I ought to be Iudged also I apele to cesar bi the Paule was iudged before saye Iudges and dyd apele to thē power which wordes the comen glose doth vnderstand the place of Iudgementes of Emperours kinges to be singuler and peculyar and that al compulsiue Iudgement of the prestes ought to be cleane taken a waye For chryst in Iohn doth teache his apostles The kīgdom of god is not of this world that is to say those that are sent and also other whiche take vpon them the doctryne aucthorite of thapostles ought not to chaleng or enterpryse here any● kyndome or domynion for he sayeth my kyngdome is not of thys worlde of the which I came to teache as the comen glose saythe as thoughe he wolde say as saint Augustyne sayth here you Iwes and gentilles Augustus 〈◊〉 Iohan tracte xxxv I do not let your dominiō in this worlde what wolde ye more come you by fayth vnto the kyndom which is not of this worlde for what is his kindome But those that beleue one hym Where fore let bysshoppes and prestes ouerse and loke to those thynges that partayne to god The office of Bysshoppes i● Paralip ●ts as we rede it commaundid to Amarias the preist in the olde testament and after Hierom vpon the boke of Leuiticus These .ii. Distin xxxvi cap s● thinges be the office and excercises of a bisshoppe to larne of god Redinge the holye screpture And with