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A02862 A reporte of a discourse concerning supreme power in affaires of religion Manifesting that this power is a right of regalitie, inseparably annexed to the soueraigntie of euery state: and that it is a thing both extreamely dangerous, and contrarie to the vse of all auncient empires and commonwealths, to acknowledge the same in a forraine prince. Hayward, John, Sir, 1564?-1627. 1606 (1606) STC 13001; ESTC S116592 39,799 62

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should repaire to his Court and open to him the decrees of the Councell That he might consider saith Sozomenus whether they were agreed according to the Scriptures and that he might further determine and conclude what were best to be done In briefe Cardinall Cusanus doth acknowledge that he did euermore find that the Emperours and their Iudges with the Senate had the primacie and office of presidence in the eight generall Councels In regard whereof Odoacer did in this sort expostulate with Pope Symachus and the Clergie of Rome We marueile that any thing hath been attempted without vs for without vs nothing should haue been done our Priest being aliue In like manner Nicephorus did write to the Emperour Emanuel Paleologus You are the captaine of the profession of our faith you haue reformed the Temple of God from Marchants and exchangers of the heauenly doctrine and from heretickes by the word of God During this time a stiffe strife did arise betwixt the Bishops of Rome and the Bishops of Constantinople as did once among the Disciples of Christ whether of them should be greatest In the Councell of Nice it had been decreed that the first place should be giuen to the Sea of Rome the second to Alexandria and the third to Antioch for the Citie of Constantinople at that time was not built neither was Hierusalem then a patriarchall Sea But after that Constantinople was aduanced to be the head of the Empire the Bishop thereof did claime prerogatiue before all the rest affirming as Platina and out of him Sabellicus doe write that where the head of the Empire was there also should be the principall Sea The Bishop of Rome answered that the Citie of Rome from whence a colonie was brought to Constantinople was in right to be esteemed the head of the Empire for the Graecians did vse to stile their Prince 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Emperour of the Romans and they themselues were also called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Romans In this contention Platina affirmeth that diuers Emperours fauoured the Bishops of Constantinople In the Councell of Chalcedon it was decreed that the Church of Constantinople should stand in one degree of dignitie and enioy equall priuiledge with the Church of Rome The same equalitie was also decreed in the second Councell of Constantinople and confirmed by constitution of Honorius and Theodosius By a constitution of Leo and Athemius the Bishop of Constantinople is declared to haue precedence of place before all others which law was alleadged by Photius to confirme the primacie of the Patriarch of Constantinople Iustinian declareth that the Church of Constanti●nople was the head of all other Churches Which constitution is omitted in some editions of Iustinians Code Mauritius admonished Gregorie the first to beare obedience to Iohn Bishop of Constantinople Afterwards Pope Gregorie the third with much adoe as Platina writeth obtained of Phocas Emperour or rather as Zonoras and P. Diaconus do discribe him the wilde drunken bloodie adulterous tyrant of Constantinople that the Sea of Rome should be the chiefe of all other Churches But this was an errour in the Emperours of Constantinople first to settle so great dignitie and prerogatiue in a place far distant from the principal seat and strength of the Empire Secondly to permit affaires of so high nature to depend vpon direction of any one within their Empire For by this meanes the Bishops of Rome did steale into such strength with the common people that by their Interdictions only they were of power to withdraw them from paying tribute and bearing alleagance to the Emperours of Constantinople vpon occasion that Leo surnamed Iconomachus had caused the Images of Saints to be taken downe Finally they pulled the west-part of the Empire from their subiection and left the residue with that mortall maime to be a pray to the barbarous infidels The west Empire flourished for a time first in France and afterwards in Germanie and the most apparant cause whereby it was broken and beaten downe was the absolute vnlimited power which the Bishops of Rome challenged principally in Ecclesiasticall affaires and consequently in all For by entitling themselues the Vicars of Iesus Christ the Spouse of the Church the Soueraigne Bishop and Prince of all others the Maisters and Lords of all the world for these are the titles which Innocent the third Boniface the eight Clement the fifth and diuers others haue assumed by exempting also both the persons and goods of all the Clergie frō secular subiection and by binding all men to their obedience in matters which concerne the soule they haue alwaies been able to stirre vp not onlie weightie warres against the Emperours but also most stiffe and vnnatural rebellions Which disordered demeanour Carion accounteth the only cause that brought the Empire to a feeble state So Iohn the third combined with Berengar the third aud Adalbar his sonne who pretended themselues to be Kings of Italy to make head against the Emperour Otho the great Pope Iohn the eighteenth made league with Crescentius and mutined the people against the Emperour Otho the third Benedict 9. to stay Henrie the blacke from entering into Italy stirred Peter King of Hungarie to beare himselfe for Emperour to whom he sent a crowne with this inscription Petra dedit Romam Petro tibi Papa coronam Gregorie the seuenth who was the first that enterprised to cause himselfe to be elected and consecrated without the consent and against the pleasure of the Emperour and who set forth a decree whereby he excommunicated all those who should affirme that either the consent or knowledge of the Emperour was herein necessarie opposed against the Emperour Henrie the fourth first Rodulph Duke of Suauie giuing charge to the Archbishops of Men●s and of Collen to consecrate him Emperour to whom also he sent a crowne with this inscription Petra dedit Petro Petrus diadema Rudolpho Afterwards weary of nothing so much as of quiet he stirred Ecbert Marquis of Saxonie against the same Emperour Galasius the twelfth raised against Henrie the fifth Emperour the most part of his subiects and especially the Archbishop of Ments whom he so strongly seconded with the Normanes that were in Sicilie that the Emperour was constrained to quit his quarrell and to yeeld the collation of Bishoprickes to the Pope Innocent the second raised against Lothaire the twelfth Roger the Norman whom he inuested in the Duchie of Pouille which the Emperour claimed to be a fiffe of the Empire At the last the contention was composed by mediation of S. Bernard who then liued and was with the Emperour wherein the Pope sped so well that he was ioyned with the Emperour in holding Bauier The same Innocent the second raised Guelphus Duke of Bauier against Conrade the third whom hee aided with monie and all other conuenient meanes This warre was so villanouslie cruell that
three or foure at the table who esteemed that which I had said not for a paradoxe but for an Adoxe or flat absurditie seeing many Christian countries both lately and at this present haue admitted forain gouernment in matters of religion By this time the Basons and Ewers were set vpon the table and all of vs were attentiue to the giuing of thankes After wee had washed and the cloath was taken away N. in this sort renewed speech What hath been the vse of auncient Empires and Common-wealths concerning supreame gouernment in matters pertaining to religion I haue not I doe confesse obserued But it seemeth indeed that the politicall gouernment in Ecclesiasticall affaires should be a point of Regalitie and that it is a hard matter if not impossible for any state either to grow or long time to continue very great wherein a forraine power doth hold the regiment in religion At the least either to grow or continue any greater then that forraine power shall thinke expedient That which from me was openly reiected being allowed by N. and in the very same words by him repeated found good acceptance among the rest Whereupon I tooke occasion to say that speech I perceiued was oftentimes like vnto coine which passed for currant not in regard of the mettall onely but chiefely in regard of the stampe that was set vpon it Nay said N. beautifying his speech with a courteous smile we will also bring your mettall to the touch There is but one truth in religion which is not subiect to any humane power but the discipline thereof or matters of circumstance and externall forme are held by our Church to depend vpon the power of the Prince If question be made touching matter of substance the same also may be determined within the realme by the Clergie thereof assembled together by authoritie of the Prince Or if the Clergie of any other countrie should be taken to assistance or aduice they come as equals and not as superiours For so Eusebius reporteth that Cyprian Bishop of Carthage did aduise with the Bishop of Rome concerning the affaires of the Church and that Dyonise of Alexandria aduised in like sort with Cornelius Stephen and Sixtus Bishops of Rome without attributing vnto them either title or qualitie otherwise then as men of their owne order and ranke Now I haue read many controuersies in Diuinitie concerning this question whereof the multitude doth rather cloy then content and therefore I will not embarke you in that disputation If you can make proofe out of other writers that this authoritie in matters of religion is a right of Regalitie it will follow I suppose that it cannot without apparant danger depend vpon a foraine power If also you do manifest that in all principall Empires and Common-wealths this authoritie hath bin exercised by the chiefe in state you may probably conclude that it is a Regalitie For these rights doe little varie but remaine in a manner the very same in all states of what kind soeuer they are And although true religion is reuealed vnto vs by God yet religion in the generall proceedeth from nature in regard whereof there is some coherence and communitie in all sorts of religions as to acknowledge that there is a God to worship him to worship him by oblation and sacrifice c. For although all nations doe not acknowledge and worship the true God yet there is no nation as Cicero saith which doth not both acknowledge and adore some These generall points which naturally or by consent of nations are common in religion may well bee considered without contending which religion in particular is true For this will hardly by all parties be agreed because euery man as Philo saith either by vse or by instruction iudgeth his owne religion best So Chrysostome affirmeth that in all differencies of religion euery man will say I say true But this argument which you haue propounded being new this point being not pointed at by any whom I haue seene I would gladly here you fortifie the same The argument being new answered I and now newly raysed into question you must not engage your expectation too farre I shall doe much if I minister some matter for better iudgements to work into forme The rights of Soueraignty or of maiesty so termed by Cicero and by Liuie the rights of Empire and of Imperiall Maiestie by Tacitus sacraregni by Aristotle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by the Lawyers Sacra sacrorum sacra indiuidua iura sublimia by the Feudistes iura regalia are nothing else but an absolute and perpetuall power to exercise the highest actions and affaires in some cretaine state These are the proper qualities of Soueraigne or Maiesticall power that it be both absolute and also perpetuall If it be absolute but not perpetuall th●n is it not soueraigne for such power hath been oftentimes committed by the Romanes to their Dictators by the Lacedemonians to their Harmostes by many Kings to their Regents Viceroyes or Lieutenants But because they haue no proprietie of power inherent in them but only an execution or exercise thereof committed to their charge vnder limitation of time because also it may vpon iust cause bee reuoked within that time they are not accounted to haue the same in Soueraignetie And this holdeth true although such power bee committed for a very long time as the Athenians did to their great Archos for tenne yeres although it bee committed also in a most ample manner which the auncient Latines called optima lege without controlement or account such as had the Pontifices in Rome or as the Cuidians euery yeere chose 60. of their Citizens whom for this cause they called Amimones that is men without imputation or account And lastly although it be without certaine limitation of time as sometimes had the Regents of France created for the infancie furie or absence of their King who before the law of Charles the fifth dispatched matters in their proper name Againe if it be perpetuall but not absolute as either depending vpon some other or else giuen either vpon charge or with exception and restraint then is it not soueraigne For such power was giuen by decree of Charles the fifth Emperor to the Senate of Milan To confirme the constitutions of the Prince as also to infirme and abrogate the same to dispence contrarie to the statutes to make enablements giue prerogatiues graunt restitutions c. that no appeale should be made from the Senate c. And whatsoeuer they should doe should haue like force as if it were done or decreed by the Prince Yet might they not graunt pardon for offences or giue letters of safe conduct vnto parties conuicted So likewise in the ancient forme of inaugurating the Kings of Arragon the great Magistrate or Iustice said thus vnto him Wee who are in vertue not inferiour and in power greater then thy selfe create thee King yet with this condition that one amongst vs shal haue
it giue beginning to the two factions of the Guelphes who tooke their name from this Duke of Bauier and of the Gibelins so called of Wi●bling which was the place where the Emperour Conrade had bin brought vp Against Fredericke Bar●arossa who succeeded Conrade Hadrian the fourth raised them of Milan and the other Lumbards Alexander the third stirred the Dukes of Saxon and of Austrich aiding them with all his power to intertaine disquiet in Almaine Pope Celestine the third excōmunicated Henrie the sixth Emperour the successour and sonne of Fredericke Barbarossa and depriued him of all his dignities making this the meanes to auoide him out of Italie into Almaine Against Philip brother vnto Henerie the sixth Pope Innocent the third caused Otho Duke of Saxonie to be elected Emperour whereby the Empire was embroiled with a bloodie warre Against Fredericke the second Pope Honorins the third raised the Lumbards in rebellion adioyning the Sic●ians to the side and the greatest part of the other Italians All these troubles were so tempestuous that the Emperour Radulph of Haspurge could neuer be perswaded to passe the Alpes for his coronation affirming that Italie was the denne of the Lion whereof the entrance was faire but the issue fearefull Clement the fifth armed and opposed Rebert King of Sicilie against the Emperour Henrie the seuenth because hee would not doe homage and sweare faith to the Sea of Rome and in the end caused him to bee empoisoned by a Iacob●e in giuing him the sacred host What troubles had Lewes of Bauier against Frederick of Austrich who was elected Emperour at the same time with him by the faction of Pope Iohn the 22 The same troubles were continued by Pope Clement the sixth who caused Charles the fourth King of Boheme to be elected Emperour and yet he could not enioy the Empire vntill after the decease of Lewes This Charles was a weake Prine both in counsaile and courage who in fauour of the Popes did extreamely both enfeeble and abase the Empire of Rome Nauclerus writeth that he entred the citie of Rome on foote in derision whereof a certaine Senatour began a speech which he made to the people with these words Ecce Rex tuus venit tibi mansuetus Petrarch who liued at that time did also write betweene scorne and disdaine of this deiection of the imperiall Ma●estie I omit the tragedies which Eugenius the fourth raised against the Emperour Sigismond principally to impeach the Councell of Basil. I omit that which Paul the second did to chase Frederick the third out of Italie Generally they alwaies endeauoured to endomage the Emperors not onely as hating them for so Gu●cc●ardine saith y● it grew into a proue●b It is proper to the Church to hate the Caesars but as fearing to be endomaged by them In the end partly by opposing enemies and partly by raysing rebellions against the Emperours the Popes haue bin able to expell their gouernment out of Italy Whereof our countrie man Sanderi in this sort hath written It is a thing more admirable then can be vtte●ed and able to make a man astonished that when the most puissant Emperours did for many ages display all their forces to no purpose for driuing the Roman Bishops from the citie of Rome now to the contrarie the Roman Bishops without any power haue remoued the Roman Emperours from the tower of the Empire and made themselues Lords of the Palaces of Caesars and turned the whole citie into their proper power This is true Master Sanders which you haue said but neither is it worthie of any wonder neither i● it all that which the Popes haue done What maruaile is it that most puissant Emperours could never preuaile against the Bishops of Rome when their owne subiects were persuaded that they drew their swordes against heauen and made offer like those Giants of whom the Poets write to scale the skies and to pull God out of his throne Where subiects haue bin of other opiniō there Princes haue preuailed against many Popes Againe what necessity had the Popes to vse force of armes when the consciences of men were vnder their commaund whilest this rule held good cloisters and Colledges were in stead of Castles vnto them and religious persons were in steed of many armies These were their garrisons these their soldiers these quelled the courage of all their enemies by thundring forth threats against those who disobeyed them not of death which might be peraduenture either contemned or else auoyded but of damnation which as it is most terrible so was it held for this cause vnauoydable For so Boniface the eight decreed that vpon necessitie of saluation all men must be subiect to the Bishop of Rome These forces were plāted within euery state and by these might any state be supplanted By these meanes the Bishops of Rome were easily able not onelie to driue the Romane Emperours from the chiefe tower and seate of the Empire but also making one wrong the cause of another to reduce them to a very low degree both of power and of authoritie within Almaine and to hold them as no better then vassalls to their Sea For after that eight Emperours had been excōmunicate by Popes Namely Frederick the first Frederick the second Philip Conrade Othe the fourth Lawes of Bauaria Henri● the fourth and Henri● the fifth which was occasion enough for their subiects to reuolt and for other Princes to inuade the succeding Emperours partly vnwilling but principally vnable to sustaine so sad and heauie blowes submitted themselues to the papall power renounced the right which by long custome they claimed in election of the Pope and of other Bishops And to the contrarie the Emperour Charles the fourth acknowledged by his letters Patents that although he was elected Emperour by the Princes yet hee was to bee confirmed by the Pope and to receiue the Imperial crowne from him Whereupon Pope Pius the fifth did sharpely rebuke the Emperour Ferdinand by his Legat for neglecting to receiue of him the Imperial Crowne neither would he admit the Emperours excuse but had proceeded by excommunication to compel him had he not by entreaty of the French King and of King Philip of Spaine the Emperours kinseman been otherwise appeased In the forme of the coronation of the Emperours which was approued by the Emperour Charles the fourth and is kept in the Vaticane at Rome many seruile ceremonies are contained As that the Emperour supplieth the office of a subdeacon in ministring to the Pope when he saith Masse and that after diume seruice he holdeth the stirtop whilest the Pope mounteth to horse and for a certaine space leadeth his horse by the bridle Adde heereto the kissing of the Popes feete as Charles the fifth did at Bononia at Rome and last of all at Marsielles in Prouence in the presence of diuers other great Princes adde their humb●e subscriptions to the Pope I kisse the hands and feete of your holinesse adde
Peter was to be transmitted entirely to any of his successors in place who are so farre from being mentioned as it is nothing probable that euer they were ment For as Matthias was not the worse for succeeding vnto Iudas in place so is not any man the better onely for his locall succession to S. Peter Lastly seeing the promises of God are with exception if we continue in obedience to his wil and therefore although all the land of Canaan was expresly promised to Abraham and to his seede for an euerlasting possession yet was the posteritie of Abraham for their disobedience first cast out of the greatest part thereof and afterwards dispossessed of all And although the kingdome of Israel was expresly promised to Dauid and to his seede for euer yet the succession was broken off by reason of their sinnes Againe seeing the Church of Ephesus although furnished with many excellent vertues was threatned notwithstanding that the candlesticke should bee remoued out of his place onely for that their first loue was abated If wee should suppose supposall is free that expresse promise was made to S. Peter and to his successours the Bishops of Rome that they should represent the authoritie of Christ vpon earth it will be a hard piece to perswade men who haue not abandoned their owne iudgement that this power was not long since either expired or reuoked by reasō of the dissolute disorders the irregular outrages and impieties which haue bin ordinarie in that Sea Marc●lline sacrificed vnto Idols Liberius was an A●ian another a Nestorian Anastasius the second embraced the errour of Acatius Sabinian was a man of base behauiour and altogether opposite to the vertues of S. Gregorie Constantine the second procured himselfe to be elected by corruption and force Ioan the eighth was a woman and a harlot Romanus Theodorus Iohn the tenth and Christopher were infamous for seditions symonie lust and other base abuses in life Iohn 11. the bastard of Pope Sergius was elected by fauour of Theodora his mistrisse Iohn the 13. was accused of many vile villanies before the Emperour Otho the great Boniface the 7. attained his place by corruption and maintained it by sacrilege Siluester the second was a Magician and came to his dignitie by couenanting with the diuell Benedict the 10. was compelled to quit his place because of his Symony Boniface the 8. was aduanced like a Foxe reigned like a Lion and died like a dogge What shall we say that all these were the oracles of heauen the heads of the Church the guides and grounds of religion the successors of S. Peter the Vica●s generall of Iesus Christ wil worldly Princes endure such who are not only vnseruiceable vnto them but dishonorable but rebellious for their liefetenants And seeing good life is a sruite of faith seeing faith is expressed by actions of life shall we say that these men who liued in this sort could neither erre nor faile in faith Alas how then would they haue liued if they could haue erred or failed in faith I will not digge deep into this dunghill I will not speak of the heresies of Iohn the 23. of the scandalous deportments of Eugenius the 4. of the Incests Sorceries poysonings cutthroat cruelties of Alexander the 6. of the couetousnes the cruelties the periuries the blasphemies the adulteries the Sodometries the disdainfull pride the cunning dissimulatiō and other infamous behauior of diuers other Bishops of Rome I will not speake of the two monsters lately hatched within that Sea to the broad blemish of religion to the vtter ouerthrow of ciuill societie the one aequiuocation the other par●icide of Princes raising rebellions for the cause of religion In one word to the point of our purpose as Christ denied the Iewes to be the children of Abraham because they did not the workes of Abraham and as S. Paul said that the children not of the flesh but of the faith of Abraham were to bee accounted his seede in regard whereof S. Iohn also said that many affirmed themselues to be Iewes who were not so we may safely defend that the true succession of S. Peter and of the other Apostles consisteth not in comming after thē in place but in holding their doctrine and imitating their godlines in life This saith Gregorie Nazianzene and not succession in place is in proper sense to bee taken for succession For to expresse the same iudgement and mind is to possesse the very same Chaire the difference of Sea is the difference in opinion for doctrine and for life This is a succession in truth and indeed that is only a succession in name Strato●les published in the citie of Athens that whatsoeuer the tyrant Demetrius should ordaine the same was to be esteemed holy before God and iust before men When Cambyses was desirous to espouse his Sister the fact was iustified by this law of the Persians The King may do what soeuer he please Doubtlesse said he many Bishops of Rome in claiming Hyperbolicall power to beare through Diabolicall dristes haue bin rather successors to these men then vnto any of the Apostles To conclude with answere vnto those who can find a difference betweene the Pope and the Pope betweene the Pope as being a man and the Pope as being Bishop of Rome betweene the Pope in his Consistory and the Pope in his Palace or among his Souldiers in the field betweene the Imperiall and Pontificall Pope I will tell you what Fulgosius he that was throwen out of state in Liguria reported of a certaine Archbish●p of Colen As this Archbishop being also Duke of Colen passed through a small Village in Germanie with so great a trame of armed men according to the fashion of that people that it neerly approched the greatnes of an armie a certain countrie fellow brake forth into a loude laughter against him And being therefore presented before the Archbishop hee boldly said that hee could not refraine both to laugh and to admire considering the great pouertie the great humilitie wherein the Apostles passed the trauailes of this life that they who carrie themselues for the Apostles successours should thus plunge themselues both in plentie and in pride Simple fellow said the Archbishop I doe now beare the state and presence of a Duke I represent an Archbishop when I am within the church At this speech the fellow did ●ise into a more broad and bolde laughter And being demaunded the cause thereof I pray you said hee whilest this Duke ruineth the Church both by action and example how is the Bishop in the meane time busied and when this Duke for this cause shall goe to the diuell what shall then become of the Bishop There was not any amongs vs who did not countenance this conceit with a smile And this had put a period to our discourse had not one maintained it with further speech that he would gladly heare these questions so fullie followed as then hee saw