Selected quad for the lemma: church_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
church_n	heathen_a	let_v	publican_n	2,742	5	10.9981	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A20031	A true, modest, and iust defence of the petition for reformation, exhibited to the Kings most excellent Maiestie Containing an answere to the confutation published under the names of some of the Vniuersitie of Oxford. Together vvith a full declaration out of the Scriptures, and practise of the primitiue Church, of the severall points of the said petition.	Sprint, John, d. 1623. Anatomy of the controversed ceremonies of the church of England.	1618 (1618)	STC 6469; ESTC S119326	135,310	312

double profession 2. But seing these causes as matrimoniall testamentarie decimarie are now annexed to the Episcopall iurisdiction such matters as they call of instance it is fit they bee referred to the Civilians In such cases let them not onely be advisers but iudges But as for matters of office as they are called which are meerly Ecclesiasticall wee suppose that Ministers are better able to iudge then Civilians and heerein it is not fit they should be assistants to advise much lesse iudges to determine let them containe themselues within their owne element 2. VVhereas wee are referred to the book of the perpetuall governement of the pag. 320. Church let it bee noted that there it is confessed that Iudges of the Civill law take not upon them the power of the keyes committed to the Apostles their suspensions excommunications c. they claim not by Gods law but by mans VVherefore seing it is confessed that this manner of Excommunication by lay men is humane the Petitioners request is reasonable that this abuse be reformed and such usurpers upon the keyes of the Church restrained Fourthly it is obiected If the discipline were once a foote wee should then heare tell of Ans p. 22. Lay Elders c. Answ 1. The Petitioners say nothing of Lay Elders in their Petition but that there haue been such Lay Elders in the Church which haue intermedled in the Ecclesiasticall affaires it cannot bee denied As Reverend D. Fulke confesseth Fulke ans to the Rhem. 1. Tim. ● sect 13. out of S. Ambrose thus writing or else hee meaneth of those Elders that Saint Ambrose speaketh of upon the first verse of this chapter that were appointed onely for government not for teaching 2. Is not the like practised in the high commission for causes Ecclesiasticall wherein diverse Reverend persons of the civil state are Commissioners And let not our brethren bee so hot against Lay Elders seeing I hope they will not deny but that they may haue voices in Sinods And what greater inconvenience is it for lay men to bee assistants in Ecclesiasticall affaires then for Clergie Of lay Elders men to interpose themselues in Civill and why might not as well Civill persons if it so pleased the state be of the Convocation house as Ecclesiasticall of the parliament as it was practised in K. Henry the 8. his Fox p. 1182 raigne when that worthy Lord Crumwell was made vicegerent in matters Ecclesiasticall and was himselfe present in the assemblies and at the disputations of the Bishops 3. Yet are wee far from making him a Clergie man as the Confuters a little before confessed though they haue soone forgot themselues of Civilians in these words A chancellour or a commissary is not a lay man in this case And yet there is a great differēce between these lay Elders which are but assistants in the presbytery with others theirs who are sole agents and principals in Ecclesiasticall Courts And therefore we may retort the Confuters saying upon their own heads that they reproue others for speaking for Lay Elders and allow the same themselues But there is a principle in the Law Quod semel Reg. iuris 21. placuit iterum displicere non potest That with once did please cannot againe displease And Hierome could haue told them perdit Hieron Ocean authoritatē dicendi cujus sermo opere destruitur He looseth the authority of teaching that overthroweth his words by his works Of Excommunication for trifles THE excuse is that men are not excommunicated for trifles but for their contempt Ans p. 23. Answ Indeed according to our Saviour Christs rule hee that heareth not the Church Mat. 18. 18 must bee held as an heathen and publicane But it is not yet proved that the officiall and his Register make the Church neither shall our brethren bee ever able to shew it 2. It is true that the letters of Excommunication presuppose a contumacy and contempt preceding But he is not contumacious which at the first monition appeareth not upon every cause pretended as it may appeare by these reasons taken out of the Canons 1. First no man should bee excommunicate before the offence bee proved against him nemo Episcopus aliquem excommunicet priusquam causa probetur caus 2. qu. 1. c. 11. But his contumacy is not proued who vpon the first citation appeareth not for he may be ignorant of it or otherwise necessarily letted Ergo such an one is not to bee excommunicate 2. Such onely are to bee excommunicated as are otherwise incorrigible as by Christs rule he must be taken as an heathen and publican that refuseth to heare the adomonition of one of two lastly of the Church Anathema non debet imponi nisi illi qui aliter non potuerit corrigi Anathema ought not to bee imposed but vpon him that can not otherwise bee amended Concil Meldens c. 56. Excommunicatio non infligenda est nisi his qui aliter corrigi noluerint Excōmunication must be inflicted upon such as cannot otherwise bee corrected Coloniens par 13. c. 4. But they which once cited appeare not are not straight way incorrigible Ergo. c. 3. Excommunication should be onely inflicted for criminall offences Non nisi pro mortali debet imponi crimine Meldens ibid. Excommunicationis sententiae ob criminales tantum causas easque valdè graves lethales feruntur Augustans c. 33. As the Apostle bideth an heretike to be after once or twice admonition reiected Tit. 3. 10 As likwise the Law of the Land awardeth the writ de excōmunicato capiendo to take place onely when the Excommunication proceedeth vpon contempt of some originall matter of criminall offencee as of heresie refusing to come to the Church Incontinency vsury Simony Periury Idolatry But euery absence vpon the first citation proceedeth not of any such contempte VVherfore a man ought not to bee excommunicate for the fees of the court or Cans 23. q. 4. c. 27 such like Pro vindicta propriae iniuriae c. To bee revenged for your owne wrong you haue giuen sentence of Anathema which is against the Cannons penitus interdicimus we forbid that for covetousnes sake none dare to excommunicate any Lateranens sub innocent 3. c. 49. 4. The Canons allow that a man should bee twice or thrice cited before hee bee excōmunicate secunda vel tertia admonitione interposita excōmunicationis sentetia procedat Caus 24. 3. 15. Neither should the first citation be peremptory diem peremptorium ad primam citationem non statuendum especially Lateranens sub Alexan p. 3. c. 5. for Ecclesiasticall matters but upon great urgent necessity S. Paul alloweth a manifest heretick two admonitions before he be reiected Much more where the offence is not manifest a canonicall that is thrice admonition should be used according to the constitution of Oxford nemo excommunicationem promulget c. No man shall denounce Excommunication where the excesse is not

manifest but Canonicall monition going before The manner is that the apparitor cannot personally cite the party to be summoned hee useth to leaue word at his house if he come not at the day he is forthwith as contumacious excommunicate Heerein a double errour is committed for if a man never appeared in the cause before the iudge he cannot bee cited at his house unlesse he can not be personally apprehended and againe he that is not personally cited is not verè but interpretative Linwood de iudic c. item vers decernimus ibid. v. personaliter contumax in the iudgement of the sounder Canonists VVherefore it is evident by these reasons that Excommunication goeth forth often for trifles 12 peny matters not for contumacy or contempt 5. If Excommunication bee sent forth onely for contempt where the originall is but a trifle and a twelue penny matter then what needed all those cauteles by Councels ne quenquam pro parvis levibus causis c. that none should bee excommunicate for small or trifling matters Aur. 3. c. 2. Vormatiens c. 13. Avernens as it is cited caus 11. q. 3. c. 42. for by this evasion there shall be no trifling matters at all but the pretence and colour of contempt shall countenance excommunication VVherefore the request of the Petitioners is agreable to the Scriptures and Canons that none be excommunicate for trifles The 2. Enormity against Excommunication without the consent of the Pastors Reasons and arguments to proue that Excommunication ought not to proceed from one alone but by the ioynt advise of the presbyters Pastors 1. EXcommunication should bee exercised by the Church that is an assemble math 18. 11. tell the Church c. If he will not heare the Church let him bee as an heathen and publicane Origene vpon these words saith tertio coreptionem mandat ad Ecclesiam deferendam c. In the third place he will haue the correction brought to the Church In the second he will haue two or three witnesses to bee vsed So Chrisostome vnderstandeth Episcopos praesidentes Ecclesiae The Bishops or Pastors and presidents or governors of the Church in Mat. 18. But one or two make not a Church for this were a preposterous course to proceed from one to two or three then to go back agayn to one Hierome writeth well concerning Iohn Hieron pammach Patriarke of Hierusalem An tu solus Ecclesia es qui te offenderit a Christo excluditur tibi soli licet Ecclesiae iura calcare tu quicquid feceris norma doctrinae est Are you alone the Church that whosoever offendeth you is excluded from Christ is it lawfull onely for you to tread under foote the rights of the Church whatsoever you do is it a rule of doctrine Ergo one man not being the Church cannot excommunicate 2. The government of the civill and Ecclesiasticall state are unlike c. But yee sha not be so Lu. 22. 25. But they rule alone as Monarchs The Kings of the Gentiles reign over them Ergo Bishops or other officers of the Church ought not to governe alone There ought ro be no Monarchy in the spirituall regiment of the visible Chur. as Monarchs in the Church and so not excommunicate alone This place is urged by a learned VVriter against a monarchy in the visible Church Quid apertius nisi expectetis ut locum proferamus ubi dixit apertè vos monarchae Ecclesiae esse non debetis What could bee sayd more plainly D. Sutcliffe l. 1. de opt Reip. statu cap. 7. unlesse you would haue us bring forth a place where Christ should say in plaine tearmes Yee shall not be Monarches of the Church As there ought not then to be a Monarch over the universall Church so by the same reason neither should there be any Ecclesiasticall Monarch over a Province or Diocesse Arg. 3. If S. Paul who had Apostolicall power would not excommunicate the incestuous person amongst the Corinthians without the consent of the Pastors and spirituall governours much lesse ought any Bishop Archdeacon c. do so now But the first is evident that S. Paul excōmunicateth together with the Pastors of Corinth the Apostle sent not onely his mandate to the Corinthians for them to execute but that the power and right of excommunication was ioyntly with the Apostle in the Pastors of Corinth as it may appeare by these reasons Ergo. 1. The Apostle rebuketh them for that they had not put him from them already before he had written to them vers 2. 2. They which had power to reconcile had power also to excommunicate For Eiusdem est ligare soluere It belongeth to the same to binde and to loose But the Pastors of Corinth haue power to reconcile 2. Cor. 2. 10. To whom you forgiue any thing I forgiue also c. 3. It is not like that the Church of Corinth had no power to excommunicate without the Apostle for then should they haue wanted a principall poynt of discipline when the Apostle was absent in remote places from them 4. The words of the Apostle doe evidently giue unto them the iudgement of Excommunication Doe yee not iudge them that are within 1. Cor. 5. 12. Vpon the which words Augustine thus writeth Aug. hom 50. c. 12. ut citatur caus 2. q. 1. ● 1● Quibus verbis satis ostendit non temere aut quommodo libet c. By which words hee sufficiently sheweth that not rashly or howsoever but by iudgement the evill are to be removed from the communion of the Church Arg. 4. All that haue authority to preach haue power to binde and loose as the Apostle saith Wee are the sweet savour of Christ in them that are saved and in them that perish 2. Cor. 2. 16. Our Saviour giveth one generall commission to his Apostles and all faithfull Pastors their successours Whosoever sinnes yee remit they are remitted Ambrose saith Remittuntur peccata per Dei De Cain Abel l. 2. cap. 4. verbum cujus Leuites interpres executor est Sinnes are remitted by the word of God whereof the Minister is the interpreter and executor Basil saith Confession of sinnes must necessarily he made to them to whom the dispensation of the mysteries of God is committed Our English confession saith Seeing In regal contractioribus q. 288. Horn ser 11. one manner of word is given to all and one onely key belongeth to all wee say there is but one onely power of all ministers as concerning opening and shutting But all pastors haue authority to preach Ergo to binde and loose and consequently to excommunicate It will be answered that there are two kinds of administratiō of the keys a spirirituall in remitting retayning of sins externall in releasing the outward censures of the Church The first belongeth to all Pastors and the preachers of the Church but not the other Answ 1. Our Saviour Christ comprehendeth the whole

cause misiudged for the persons fault Delictum personae Reg. Iuris 37. Reg. Iuris 76. non debet in detrimentum Ecclesiae redundare 1. Enormity against Excommunication by lay persons 1. THeir first defense is that whatsoever the Chancellour doth on this case he doth it in the authority of the ordinary Answ 1. It is a question whether the Bishop himselfe the Archdeacons or any other ordinary alone haue any power to excommunicate VVe are sure that neither Scripture or example of the primitiue Church will beare them out in it Our Saviours rule is Dic Ecclesiae tell it to the Church after the contempt whereof the party is to be held as an heathen publican that is to be excōmunicate But never was it yet heard that one man should stand for the Church That Dic Ecclesiae in some mans constructiō should be dic Episcopo dic Cācellario dic Officiali as the Papists wrest this place dic Ecclesiae that is dic Papae dic Pontifici Romano but of this matter more shal be said in the end of this treatise Then if they haue not this power in themselues they cannot transferre it to another as the law saith Nemo potest Reg. Iuris 79. plus iuris transferre in alium quam sibi cōpetere dignoscatur No man can giue more to an other then hee hath himselfe As the comparison is presumptuous to compare the Bishop to the King the Chancellour to the Lord Chancellour so the case is not alike for a civill power may bee committed over to others but a spirituall power cannot be transferred but ought to bee executed in every mans person as the Apostle saith hee that hath an office let him attend upon his office Rom. 12. 7. Salomon Cant. 8. 11. 12. No substitute in duties spirituall in the Canticles sheweth the difference of the Civill and Ecclesiasticall administration Salomon gaue his vineyard to keepers but my vineyard saith Christ which is mine is alwayes before me As wee mislike that Christ should haue any vicar in earth so neither should any of Christs ministers execute their charge by their vicars S. Peter 1. Pet. 5. 2. saith Feed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the flocke which is in you that is alwayes in your sight The Canon law sayth Non potest esse Decr. Greg. lib. 5. tit 40 c. 5. Pastoris excusatio si lupus oves comedit pastor nescit It is no excuse of the shepheard if the Wolfe devoure the sheepe to say hee knowes it not It was never well with the Church since Prelates taking more upon them then in their own persons they could discharge committed their spirituall affaires to Deputies and Vicars Of this abuse Eckius a man otherwise bad enough complained in the popish Church Nostrates praelatos ordinem Apostolicum invertere c. Our Prelates invert the Apostolicke order who thinking spirituall things too heavy for them to beare doe use the helpe of Suffragans in their Pontificals of Officials in their Iudicials of Penitentiaries in absoluing sinners of Monkes in Preaching Iodocus Clictoveus in his sermons was wont thus to Hom. 2. de Stephano taunt such Adibunt per vicarios in paradysum in persona inferos Such shall by their vicars goe to heaven but in their own person to hell 3. Though the Ordinary had power to excommunicate alone and might transferre that power to another yet lay persons alone are not capable thereof For Christ when he sayd Whose sinnes yee remit are remitted whose sinnes yee retain are retained spake onely to the Apostles and Ministers Hereunto the Canons agree Indecorum est laicum esse vicarium Episcopi c. It is unfit for a lay man to be a Bishops vicar and secular ●ispel 2. c. 9 persons to iudge in the Church and a divers profession to be in one office And by the same Canon the Bishop that shall make a lay man his vicar is held to be Contemptor Canonum A contemner of the Canons But nothing is now more usuall then for lay men Civilians to be Chancellours and Vicars generall to Bishops The second defence The Chancellor Officiall Commissary decreeth the party to be excommunicate a Minister associate vnto him by exprresse authority from the Ordinary denounceth the sentence of excommunication Ans p. 22 Answ 1. This is but a new tricke and frivolous device who knoweth not the Minister assistant to the Chancellour who is for the most parte of the meanest and simplest of the Clergie is but a Cyphar he doth nothing but by his masters direction excōmunicateth and absolueth at his pleasure contrary to the Apostles rule to Timothy I charge thee c. that thou obserue these things without preiudice or prefering one 2 Tim. 5. 2 before another and doe nothing partially 2. By the Provincialls no sentence of Excommunication is good but in writing Linwood de senten excommun 6. sententiae latae sine specialibus literis dominorum quorum interest non ligant VVherfore this sentence of the Minister beeing not extant in writing vnder his seale and so deliuered is of no value in Law and the people vnder this colour are abused 3. It is vnlawfull for a lay Ciuilian in cases which appertayneth to correction to send out citations or to decree excommunications he must neither Investigare inquirere punire corrigere excommunicationum literas decernere And as he cannot doe it in his owne name so neither can he by the Law publish excommunications in another mans name The Law is Quod alicui suo non liceat nomine nec alieno Reg. iuris Bonif. 67. Linwood de licebit And the prouinciall is flat Ne laicus quouis exquisito colore sub suo uel alieno nomine c. that a lay person by any pretense 〈◊〉 coniug cum ex 1. vnder his owne or others name doe exercise no iurisdiction spirtual whatsoeuer And all such citations excommunications and processe are voyd not onely if the iudge bee a lay person but the Register also Thirdly they vse but the aduise and Ministrie of a wise ciuilian in decreeing who is to Ans p. 22. bee excommunicate Answ 1. If had beene to bee wished that Ecclesiasticall persons had not medled in such affaires wherein they haue no skill according to the auncient Canons Episcopus tuitionem testamentū non suscipiat Carthag 4. 18. That the Bishop should not take vpon him the tuition of a testament Clerici ad sacrum Ministerium electi actibus saeculi renuntient Clergy-men must renounce all secular acts Auerens can 12. The Apostle saith no man that warreth entangleth 2. Tim. 2. 4 himselfe with the affaires of this life whereupon Ambrose well writeth Ecclesiasticus officium impleat quod spospondit a seculari Amb. in 2. 2. negotio alienus non enim convenit unum duplicem professionem habere a Clergie man must bee free from secular businesse for it is not fit that one should haue a