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A67430 The advocate of conscience liberty, or, An apology for toleration rightly stated shewing the obligatory injunctions and precepts for Christian peace and charity. Walsh, Peter, 1618?-1688. 1673 (1673) Wing W627; ESTC R17873 108,039 320

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the stile Here is nothing proposed to be believed no Anathema fulminated no signification that the contrary is against the Scripture c. therefore at most it is a meer ecclesiastical ordinance touching external discipline and as such what is more ordinary and permitted than for Princes to refuse admittance therein we see some Churches of France reject the decrees of reformation made in the Council of Trent and also practised in England 8. Suppose it be an ordinance yet supream Princes and Kings are not named but excluded and only their Officers and Substitutes c. 9. No example can be produced in the Empire or other Catholick State that such an Oath in succeeding times was imposed or threatned But on the contrary we know Charls the fifth by a Law of the Empire publickly permitted Lutherans in several Provinces and all the Kings of France sin●e Hen. 3. permitted the Calvinists yet the Pope never threatned deposition or they feared it Therefore this doctrinal point of Faith is shamefully pretended to be involved on that or the like Decrees viz. the Popes power of deposing c. What State Kingdome or City received or taught the People this even as a probable Opinion It is well known in practice and doctrine other Sects and their accusers have been more faulty in this point then they as History and experience testifie of Princes actually deposed in Scotland Denmark Sweden Geneva c. and absolute rebellion following their doctrine in Poland Bohemia England France Hungary Germany c. Obj. Innocent the third who presided in this Council actually deposed King John and Otho the Emperour Resp Popes as private Doctors may err in matters of fact their Decrees and Bulls are not always held as infallible and may be opposed as often they have been by Papists nor will they scruple to do it especially about temporal affairs We do not approve whatsoever Pope● do in fact in deposing c. If some Popes have been exorbitant have not Papist themselves defended their Princes against all pretended illegal impositions of Rome If some Popes have transgressed and been passionate men it doth not follow all have as some Princes have been Tyrants not all This King John Protestant Histories conclude passing by his youthful Rebellion murthering his Nephew his Atheism c. they record he lost our whole interest in France discontenting all his people not defending their Rites and Priviledges c. So Heylin Daniel Martin Sir Robert Cotton Hist And Stow in his Chronicle 170. relates it thus King John being dissolute and perfidious and would not grant the Laws or Liberties of the Charter had as many enemies as Nobles Clergy and Layty petitioned against him for the Pope to depose him an opinion then in practice the Pope would not but sent Paendulph his Legate who comes over to Dover to King John to counsel the King's peace and reconcile him to God and the Church The King living then in great jeopardy to loose his Kingdome The King of France being invited by the Nobles and Clergy to invade the Kingdome saved the Kingdome by it after this the Clergy came over and all was in peace The Pope after this excommunicates the Barons for the disobeying the King and calling in the French King Lewis into the Realm And Gaule the Legate was sent from the Pope to forbid Lewis to go into or invade England to excommunicate him if he did But Lewis of France arrived in England whom the Barons assisted against King John John soon after died his eldest son Hen. 3. at nine years old was crowned King by the Bishops of Winchester and Bath c. and the Government of the King was committed to the Popes Legate the Bishop of Winchester and Earl of Pembroke The Legate maintained the King's part admonished prayed and commanded the disobedient to do as he did called a Council at Bristol caused the Bishops to incline to the King's part notwithstanding Lewis did what he could to the contrary Seeing Lewis and his complices were excommunicated every Sunday by the Legate though they had London and all the East parts of England Lewis had notice from Rome except he went out of England the sentence of excommunication of the Legate should be confirmed by the Pope For this cause saith Stow 175. a truce was taken between Lewis and King Henry Philip of France called his son Lewis to return he being passed over the Earl of Salisbury Earl Warren c. revolted to the Kings side and this by industry and virtue of the Pope's Legate Lewis being absolved from the excommunication went into France but his complices were by the Legate deprived of all benefit by their disobedience See Stow 170. Thus we see how for want of knowledge things are carried on and reported very frequently in the worst sense and construction it may be easily collected out of our own Authors and Chronicles that Popes have been great friends to our Princes and this Nation Take in short out of Stow 883. that Pope Adrian the fourth an Englishman invested Hen. 2. with the Dominion of Ireland and had it confirmed with an Assembly at Waterford Pope Vrbane who sent a Legate the Bishop Sabrine into England with sentence of excommunication against the City of London and Cinque-Ports and all those that troubled the King's peace King Richard of England being taken Prisoner unjustly by Leopold Duke of Austria in return from the Wars with the Saladine demanding a great ransome and misusing him The Pope excommunicated the Duke of Austrich and injoyned him to release the Covenants that he constrained our King to make and send home the Pledges The Duke refusing this Order shortly after broke his Leg and in great anguish ended his life and was kept unburied till his Son released the English Pledges Thus were the Pledges restored and the money behind released How oft did the Pope grant to the King of England the Tenth of all Ecclesiastical Goods as to Edward the first and second Sent the Abbot of Saint Denis Legat to request Edward the second to remove from him Pierce Gaveston without which the Kingdom could not be in peace nor the Queen injoy the Kings true love Vide Stow 213. Edw. 2. The Pope sent Ganelinus and Lucius de Flisco by the Kings request to make peace between England and Scotland and reconcile to the King Thomas Earl of Lancaster who brought Bulls from the Pope to excommunicate the Scots except they returned to peace with the King of England William Longshamp Bishop of Ely and Legate to the Pope and Chancellour of England was made Governour of the Realm by Richard the first Afterward the Archbishop of Roan was made Regent of England then being made Archbishop of Canterbury Then you see there was no jealousie of the Pope or his Clergy but on the contrary for many hundred years our Princes and Nation reposed as with just reason they might the greatest trust and confidence in their loyalty faith and
it This argument I urge no further than to evince in their justification that their unwillingness to swear is no evidence to prove their want of allegiance or any backwardness to lay down their lives and fortunes in his Majesties service For the practical part of the Subjects allegiance is that which only concerns the security of a Prince which all Catholicks will gladly swear unto Therefore I hope a true and real tenderness of Conscience which can have no ill consequence with it in relation to his Majesties safety will give no offence to them that are over them nor be a motive to hold a rigorous hand upon them Especially seeing these threescores years since the Oath was first established it hath been refused by Catholicks to be taken upon the score of Conscience though universally taken by others of any dignity conferred upon them in Church or State Yet no Catholick in England of any note or quality that all this time did act contrary to their allegiance sworn unto in the Oath On the other side I could wish it were as difficult to name those amongst the takers of the Oath who have so fatally broken them half the Kingdome being in rebellion contrary to what they had sworn to the ruine of the best King and the best man which perhaps this Nation had ever cause to glory in As for the Oath of Supremacy Luther Calvin Knox Gilby all pretended Reformers disliked it Calvin in his Commentary on Osee saith who advanced Hen. 8. to such a height did not well for they no less than blasphemed when they called him Supream Head under Christ Chemnitius a learned Lutheran in his Epist ad eloc. Briard of Queen Eliz. Supremacy saith quod foeminae a saeculis inaudito fastu se papissam caput Ecclesiae facit So Gilby in Admonit ad Angl. Our Cartwright also teacheth against Supremacy So do Presbyterians generally here and beyond Sea Henry the eighth once acknowledged the Supremacy more than ever any King did as appeared by Cardinal Campeius and Wolsey Legates he being called before them After his will being not executed made the Oath against Supremacy This Oath of Supremacy as it is worded and according to the sense of the first Lawgiver cannot lawfully be taken by any Christian or assembly without contradicting his belief understanding it Grammatically according to the proper and natural sense of the words at least ambiguous if not formally contradictory or the cause or reason of framing this Oath by Hen. 8. and what power was exercised by virtue of it and of the Parliament enjoining it appears to be a jurisdiction purely spiritual was communicated to him and assumed by him It s evident also by the many practises it was only a spiritual by-title of Supremacy he sought for to deprive the Pope for he stood in need of such a power to justifie his divorce and dispense with his intention of taking Ecclesiastical livings of Abbies Monasteries into his hands The Protection in King Edward the sixth continued the Oath to make new Church-Laws Institutions and commit new Sacriledges changes ubique arti contrary to which King He● 8. published and declared Queen Mary renounces this jurisdiction and restores it to the Church Queen Elizabeth re-assumes it having a greater necessity for it then her Brother because her marriage was declared null by the Pope This Oath consists of two parts the affirmative as that the King is only Supream Head as well in Temporal as Spiritual c. Secondly the Negative that no Prince Prelate c. hath any jurisdiction or spiritual Power c. This Negative part of the Oath is contrary to a point of their Faith wherein not only all spiritual authority of the Pope but of a general Council or Western Church is disclaimed Is all jurisdiction purely spiritual only in the Kings right are Princes Pastors of Souls hath not a Heathen King the same spiritual right How could King James then call the Pope Patriarch of the West or how can a free general Council oblige Christians and to which learned Protestants profess to submit to as the chiefest authority under God And although in Queen Elizabeths time the Oaths were explicated that only civil and Kingly authority in causes Ecclesiastical was intended yet this negative clause cannot be by such expositions eluded Secondly An Oath to Catholicks and tender Consciences is so dreadful that they dare not call God to witness they sincerely swear the Pope ought not to have any Superiority in spiritual causes unless it might be permitted them at the same time and the same breath to signifie that it is intended of civil and Kingly authority in causes Ecclesiastical They tremble to swear at words ambiguous but formally contradictory Thirdly In the thirty nine Artticles of the Church of England it is defined that the Bishop of Rome hath no jurisdiction in this Kingdome and these Articles are confirmed by Act of Parliament Whereby it appears their intention is to require a renuntiation of a Catholick point of Faith and the Popes being Head of the Western Church This Act being made since the said exposition The Oaths of Supremacy and Allegiance if the former were so expressed as to require an acknowledgement of a civil Supremacy in his Majesty and Ecclesiastical to the Church-Governours and if the unfortunate word Heretical and speculative points were left out of the other no Catholick would refuse either And more then this no Protestant Presbyterian c. that freely take them can intend by them an Oath being in it self a religious affirmation with Gods Seal Whosoever takes these Oaths absolutely must swear to take Almighty God to witness as he shall answer at the dreadful day of Judgment that he believes the Pope hath no Power c. now this word believe being in a matter of Religion and Profession of the same can signifie nothing but a Christian belief or Faith and imports thus much I N. N. do swear in the presence of Almighty God that the Pope hath no Power c. As I believe there is a God in Heaven or any other Article of Faith all this is virtually and really comprehended in the word believe Now what man of Conscience of what Opinion soever that feareth an Oath to use the Preachers words Eccles 9. 2. will venture his Soul so far as to swear all this are we all of us so certain that no forraign jurisdiction c. or that its Heretical c. as we are certain there is a God Heaven Hell c. and so make it a part of and Article of our Belief when it is not expresly nor plainly revealed in Scripture or declared by the Church and so not fundamental to our Belief or absolutely necessary to our Salvation If you say it may be obscurely delivered in Scripture then at least the unlearned cannot be able to discover it How then shall such dare to swear as in effect they do when they take the Oaths that