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death_n offer_v sacrifice_n sin_n 8,215 5 5.1703 4 true
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A11509 An apology, or, apologiticall answere, made by Father Paule a Venetian, of the order of Serui, vnto the exceptions and obiections of Cardinall Bellarmine, against certaine treatises and resolutions of Iohn Gerson, concerning the force and validitie of excommunication. First published in Italian, and now translated into English. Seene and allowed by publicke authoritie; Apologia per le oppositioni fatte dall' illustrissimo & reverendissimo signor cardinale Bellarminio alli trattati, et risolutioni di Gio. Gersone. English Sarpi, Paolo, 1552-1623. 1607 (1607) STC 21757; ESTC S116732 122,825 141

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do agree is the litterall sense of this place howbeit besides this generall exposition some men with an argument a minori do as it were by a singularity applie it to the pastors but the author doth well to conceale that all the fathers when they apply this place to the pastors add these words also Quod si coeperit percutere seruos ancillas edere bibere inebriari c. and make long digressions against their faults and errours And peraduenture this percutere seruos ancillas is that which wee see is come to passe in the present occasion Gerson therefore will not denie but this parable spoken to all but more especially to Pastors is most properlie to be appplied to the Pope and therefore let it be saide vnto him that if he giue himselfe ouer to surfetting and to iniury his neighbours the Lord will come and punish him when he lookes not for him howbeit we cannot conclude that he is therefore subiect to no other punishment for by that reason it would follow that no fornicatour or adulterer could bee punished of men because it is written Hebreues 13. Fornicarios adulteros iudicabit Dominus by that reason no sinne is punishable by man because it is written iustum impium iudicabit Dominus Ecclesiast 3. in like sort it is not permitted to mē to judge because our Sauiour in the 5. of Iohn saith Omne iudicium dedit filio it is not well that the scripture should be thus wrested and peruerted all these texts are to be vnderstood of the iudgement of the world to come wherūto it is not repugnāt that there shold be punishmēts in this world both Ciuil Ecclesiastical neither is there any commō persō so ignorant but doth vnderstand that these ordinary phrases God shall iudge God shall punish c. tend not to the excluding of humaine iudgements and corrections and thus we see that this text serueth not to proue that the Pope is exempted from the cēsure of the Church and consequently of the councell and Gerson doth not insist vpon the parable but vpon the litteral sense of the place now let vs examine our authors other proofes wherein he proceedeth after this manner Vnto this truth which we haue proued by Scriptures Bellarmine the sacred Councels do also beare witnesse at what time Pope Saint Marcelinus for feare of death committed that sinne of offering sacrifice to Idols A great Councell was assembled in Sinuessa to treate of that matter but al that councell did acknowledge that it had no power to censure the Pope Prima sedes a nemine iudicabitur of this councell Pope Nicolas doth make mention in his epistle to the Emperour Michaell in like sort a Romane Councell assembled by the Pope Sainte Siluester in the last Canon of it doth declare that the first Sea namely the Sea of Rome is not to bee judged of any the Councell of Calcedon which is one of the foure first generall councels in the 3. Act of it condemned Dioscorus the Patriarch of Alexandria together with the whole second Councell of Ephesus because they tooke vpon them to iudge the Pope of Rome Now if that Patriarch which after the Pope possesseth the highest place in the church together with the whole Councell haue no authority to iudge the Pope it plainely followeth that the Councell is not aboue the Pope otherwise they might haue iudged him After this the 5. Roman Councell vnder Pope Simachus approued that opinion of Ennodius as if it had beene an opinion of their owne Aliorum hominum causas Deus voluit per homines terminari Sedis istius Praesulem suo sine questione reseruauit arbitrio Voluit Petri Apostoli successores Coelo tantum debere innocentiam in the Act. 7. of the 8. generall Councell we reade thus Romanum Pontificē de omnium Ecclesiarum Praesulibus iudicasse de eo vero neminem iudicasse legimus Paulus Emilius in his 3. book of his story writeth that a great Coūcell of Bishops being assembled in the presence of Charlemaine by occasion of certaine matters obiected against Pope Leo the 3. all the Bishops cried out with one voice that it was vnlawfull for any man to iudge the Pope The generall Councell of Lateran vnder Alexander the 3. being to make a decree touching the forme to be obserued in the election of the Popes saith we are to proceede in this election with singular diligence for if any error be committed in it there is no Superiour to whom we may haue recourse there is none vpon earth superiour to the Pope Let him reade the chapter Licet extra de electione Finally in the Lateran Councell vnder Leo tenth in the Sess 11. it is expressely determined that the Pope is superior to any Councell whatsoeuer and therefore it appertained onely to him to summon the Councells to transfer and to dissolue them Now if these Councells themselues do acknowledge that they are subiect to the Pope who will be so hardie to say that the Councell is superiour to the Pope or that it is lawfull to appeale from the Pope to the Councell ●rier Paolo The first proofe which our authour bringeth is that when the Pope S. Marcelinus did for feare of death offer sacrifice to Idolles there was a great councell assembled in Sinuessa to treat of this matter and all the Councell did confesse that they had no power to iudge the Pope and that Pope Nicholas the first did make mention of this Councell which is true and which is more the Acts of it are extant to this day to this they of Paris do answere that this Councell was not generall and that vnder these wordes Prima sedes a nemine iudicatur a generall Councell is not comprehended it seemeth strange vnto them that the Councell being assembled onely vpon this occasion it should conceiue that it had no authority to determine it and it is more strange that Marcelinus denying the fact that the Councell had not eftsoone departed for so the matter had been at an end and not proceeded to conuict him as indeed they did producing first 7. witnesses which affirmed they saw him offer sacrifice after this they examined as many witnesses more as made vp the number fourteene The second day they produced 14 more who being interrogated by the Bishoppes affirmed the same The third day he examined 44. more so that the number of witnesses amounted to 72 called Labra occidua it is certaine that to examine witnesses is a iudiciall act of a superiour and it is as certaine that Marcelinus after the examination of these 72. prostrated himself vp on the ground and acknowledged his offence and the Teste saith that the Bishops Subscripserunt in eius damnationem damnauerunt eum and one of them said Iuste ore suo condemnatus est ore suo Anathema suscepit Maranatha quoniam ore suo condemnatus est nemo enim vnquam iudicauit Pontificem nec prae●ul