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A03941 A Nevv-Yeares gift for English Catholikes, or A briefe and cleare explication of the new Oath of Allegiance. By E.I. student in Diuinitie; for a more full instruction, and appeasement of the consciences of English Catholikes, concerning the said Oath, then hath beene giuen them by I.E. student in Diuinitie, who compiled the treatise of the prelate and the prince. E. I., student in divinitie.; Preston, Thomas, 1563-1640. 1620 (1620) STC 14049; ESTC S119291 68,467 212

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God and Nature due to him from his Subiects so long as he remayneth their Prince and therfore he cannot absolue discharge or release them from the Obligation of this Oath or any part thereof or which is all one he cannot giue them leaue not to beare faith and true allegiance to his Maiestie and consequently not to defend him to the vttermost of their power against all Treasons and trayterous conspiracies which shall be made against his Royall person Crowne and dignitie and not to doe their best endeauor to disclose and make them knowne vnto his Maiestie seeing that to performe all these things Subiects are bound by the law of God and Nature wherein no temporall or spirituall authoritie can dispence And therefore the Authour of the Protestants Apologie for the Roman Church trac 3. Sec. 5. doth very well affirme that all Catholikes are by all Lawes Diuine and Humane indissolubly obliged in the highest degree of all earthly Allegiance to his Maiestie that now is as to their true vndoubted lawfull Soueraigne liege Lord and King CHAP. VI. The Sixt Branch of the Oath and an Explication of the same WHich Oath I acknowledge by good and full authoritie to bee lawfully ministred vnto mee and doe renounce all pardons and dispensations to the contrarie 1. This Branch contayneth in it no difficultie at all if wee consider what hath beene said before to wit that in this Oath is onely demanded a sincere profession of true temporall allegiance and that no authoritie or obedience which is due to the Pope is denied therein And that to treat of the Popes authoritie not affirmatiuely what power he hath but affirmatiuely what authoritie in temporalls the Kings Maiestie hath ouer his Kingdome and Subiects and consequently what authoritie in temporalls the Pope hath not ouer the said kingdome and subiects and also that to exact of Subiects an Oath not onely of their temporall allegiance in generall but also of such allegiance in particular which his Maiestie and the State shall for prudent reasons motiues thinke to be necessarie for the preseruation of the Kingdome from future Treasons Inuasions or Perturbations so that it bee contayned within the bounds of true temporall allegiance doth no way exceede the limits of temporall authoritie 2. First therefore by those words good and full authoritie is not vnderstood any authoritie of the Kings Maiestie in Ecclesiasticall causes but onely in temporall matters as is the ministring of an Oath of true temporall allegiance For although his Maiesty be perswaded that hee hath full and supreme authoritie not onely in temporall but also in Ecclesiastical affaires for externall gouernement and that the Pope hath not ouer him or his Subiects within this Realme any authoritie or iurisdiction nor power to excommunicate his Maiestie yet his meaning is not to meddle at all in this Oath eyther with his owne or with the Popes Ecclesiasticall Supremacie but onely with his owne temporall Soueraigntie and consequently with the Popes authoritie not to depose him or to dispose of his Kingdome or to authorize any forraigne Prince to inuade or annoy him or to absolue his Subiects from their obedience c. And therefore as I obserued before in the third obseruation wee must distinguish betwixt his Maiesties vnderstanding or perswasion and his meaning or intention for his meaning was not to exact in this Oath of His Subiects all which hee is perswaded he might lawfully exact of them but only to demand of them in this Oath a profession of that temporall Allegiance which all Subiects are bound by the Law of God to giue to their lawfull Soueraigne as it is manifest by the declaration both of His Maiestie and also of the Parliament and therefore Hee was carefull not to meddle with the Popes authority to excommunicate Him 3. Secondly it is certaine that albeit Christian Princes haue not authoritie to define and determine what position is hereticall or to punish Heretikes with spirituall punishments for these are meere spirituall things yet they haue authoritie to command their subiects to abiure such positions as are alreadie defined or knowne to bee manifestly false and repugnant to the holy Scriptures for such and to punish with temporall punishments the obstinate maintayners of the same especially as the mayntayning of such positions is hurtfull to the publike temporall peace whereof the King hath charge and who therefore may also by the materiall Sword repell the wrongs and iniuries offered to the temporall Kingdome or Common-wealth by Clergie-men and also the abuses of the spirituall Sword when they tend to the hurt of the ciuill Common-wealth as Franciscus Victoria Ioannes Parisiensis and Couerruuias doe well obserue Victoria Relect. 1. de potest Eccles sec 7. §. octaua propositio Parisiensis de potest Reg. Pap. cap. 11. ad 37. Couerruu cap. 35. Practic question Wherefore a King saith Dominicus Bannes Bannes 2. 2. q. 11. ar q. 1. doth punish Heretikes as most seditious Enemies to the peace of His Kingdome which cannot be preserued without vnitie of Religion And Marriage saith Dominicus Sotus Sotus in 4. dist 29. q. 1. ar 4. being a Sacrament in such sort that it is also a ciuill contract it nothing letteth but that as in the former respect it belongeth to the Ecclesiasticall Court so in regard of the later it is subiect also in some sort to the Ciuill Not that Princes can alter those things which are of the substance of Matrimonie but that they may punish them who contract they shall offend against the publike peace for against those crimes whose iudgement doth belong to the Ecclesiasticall Court they may also ordayne punishments as they disturbe the peace of the Common-wealth Which doctrine of Sotus may in the very like manner bee applyed to Heresie which being a spirirituall offence in such sort that also it disturbeth the temporall peace of the Common-wealth it nothing letteth but that as in the former respect it belongeth to the Ecclesiasticall Court so in regard of the later it is subiect also in some sort to the Ciuill not that Princes can determine and define what is Heresie but that they may punish Heretikes when by defending hereticall positions they shall offend against the publike good For against those crimes whose iudgement doth belong to the Ecclesiasticall Court they may also ordayne punishments as they disturbe the peace of the Common-wealth And therefore Christian Princes haue good and full power to compell their Subiects to abiure impious damnable and hereticall positions for such when it is necessarie to the preseruation of the publike temporall peace and to discouer how their Subiects stand affectted in point of their Loyaltie and due Obedience 4. Thirdly it is euident that Clergie-men being truely subiect to temporall Princes in regard of their naturall birth and of their liuing in Ciuill Societie with others and consequently bound according to the common doctrine of Diuines to obserue their iust Lawes not only virationis
Oath that doe any way appertayne to the Ciuill and Temporall Obedience due to His Maiestie whom hee acknowledgeth for his true and lawfull King and Soueraigne ouer all His Domioions And Martinus Becanus a famous Iesuite in the first Edition of his Controuersia Anglicana writeth thus Becanus in Controuersia Anglic cap. 3. p. 102 And truly to me it is certaine that all the parts and propositions of the Oath are not false if they bee well declared For these are true first that King Iames is lawfull King of England Scotland and Ireland Secondly that in the same Kingdomes he is the Supreme or Soueraigne Lord in Temporalls 2. First therefore if wee consider the end of this Oath which is only to make profession of our temporall Allegiance and to make a true distinction not betwixt Catholikes and Protestants c. the expresse declaration of His Maiestie and the rules before mentioned in the second and third Obseruation it is euident that by those wordes Soueraigne Lord is not to be vnderstood the Kings Supremacie in Spirituall and Ecclesiasticall but only in Temporall and Ciuill causes 3. Secondly it is also euident that albeit by force of the expresse wordes and the plaine and common vnderstanding of the same to which the seuenth branch of this Oath tyeth the swearer wee are bound only to acknowledge that King Iames is lawfull and rightfull King of this Realme and of all other His Maiesties Dominions and Countries and not that Hee is the Soueraigne Lord of the same both for that those words Soueraigne Lord are put only ex parte subiecti and not ex parte predicati and therefore by vertue of the words are not affirmed as likewise he that stileth the Pope most holy and most blessed doth not affirme him to bee most holy and most blessed vnlesse the words most holy most blessed be put ex parte predicati also that if we regard the force and vertue of those words Soueraigne Lord they haue not the same sense which the words lawfull and rightfull King haue seeing that one may be a lawfull and rightfull King and yet not the Soueraigne Lord of His Kingdome as if the Emperour should make the great Duke of Toscan King of Hetruria he would be lawfull and rightfull King of that Countrie and yet not the Soueraigne or Supreme Lord of the same because hee is as a feudarie subiect to the Emperour Neuerthelesse because the lawfull and rightfull King of England is also the Soueraigne Lord of the same by reason and vertue of the matter we may lawfully and if it bee demanded at our hands are bound to acknowledge and sweare that King Iames is not only the lawfull and rightfull King of England of all other His Maiesties Dominions but also the Soueraigne or Supreme Lord of the same And in this sense both the XIII Priests and also M. Greene vnderstood the word Soueraigne in their Protestation and Declaration 4. Neither is it to the purpose which some obiect that the King of England is the Popes Vassall and as a feudarie subiect to him in Temporals and therefore the Pope and not King Iames is the absolute Soueraigne and supreme Lord in Temporals of this Kingdome For although wee should absurdly admit that for the title and clayme of Temporall Soueraigntie which the Pope pretendeth to haue ouer this Kingdome by vettue of some grant of former Kings may bee brought some probable proofe as there cannot seeing that it is euident that no King of England hath authoritie to giue away His Kingdome or make it subiect in Temporals to another Prince without the consent of the Kingdome it selfe and that no colour of any probable proofe can bee brought from any Authenticall Instrument to shew that the Kingdome of England euer consented to any such grant yet considering that no probable title can bee a sufficient ground to depriue any man of that Right Dominion or any other thing which he actually possesseth but such a title must bee most certaine and out of all controuersie as I shewed aboue in the Fift Obseruation it is manifest that notwithstanding any such probable title euery subiect of this Land may lawfully acknowledge by Oath that King Iames is not only the lawful and rightfull King of this Realme and of all other His Maiesties Dominions and Countries but also the Soueraigne or supreme temporall Lord of the same CHAP. II. The Second Branch of the Oath and an Explication thereof ANd that the Pope neither of himselfe nor by any authoritie of the Church or See of Rome or by any other meanes which any other hath any Power or Authoritie to depose the King or to dispose any of his Maiesties Kingdomes or Dominions or to authorize any forraigne Prince to inuade or annoy Him or his Countries or to discharge any of his Subiects of their Allegiance and Obedience to his Maiestie or to giue license or leaue to any of them to beare Armes rayse Tumults or to offer any violence or hurt to His Maiesties Royal Person State or Gouernment or to any of His Maiesties subiects within His Maiesties Dominions 1. This Branch supposing the former Obseruations hath in it no difficultie at all although wee should admit that the immediate obiect thereof or which is all one that which in this Branch by force of the words we are bound immediately to sweare is not only our sincere acknowledgement and perswasion but also that absolutely and assuredly the Pope hath not any authoritie to depose the King c. For considering that the whole tenour of this Branch tendeth to practise namely to depose to dispose to inuade annoy beare Armes rayse Tumults offer violence or hurt and to discharge subiects of their Allegiance and also that it is a doctrine approoued by many learned Catholikes and who haue examined all the arguments on both sides and consequently that it is truely probable that the Pope hath no authoritie to depriue Princes or to dispose of their Temporals it is as cleere and manifest that any man whether hee bee the Kings subiect or no what opinion soeuer he followeth in speculation concerning the Popes authoritie to depriue Princes yet hee may as certainly acknowledge and sweare that the Pope hath no authoritie to depose the King that is to practize his deposition or any other of those things mentioned in this Branch as it is cleere and manifest that hee may certainly acknowledge and sweare that the Pope hath no authoritie to commit open iniustice and that in a doubtfull vncertaine and disputable case the condition of the possessour is to bee preferred 2. Neither doe temporall Princes or other priuate men that haue any thing in their possessiō greatly regard what learned men who by the subtiltie of their wits can easily finde out some probable colour of a broken and pretended title may speculatiuely dispute in Schooles concerning their titles so that in practice notwithstanding such disputations and speculations they bee secured from