Selected quad for the lemma: duty_n
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A38369
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England enslaved under popish successors being a true history of the oppressions this nation groaned under in times of popery.
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1681
(1681)
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Wing E2932; ESTC R42018
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37,306
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46
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Wrongs made Causes Ecclesiastical Ecclesiastical Liberties some Wrongs oftered to Church Mon in their Lands and Possessions which otherwise were to be tried by the Laws of the Land are by them drawn to their Courts as where Entries be made by Lay Men upon Church Lands Simon Mepham Archbishop of Canterbury in a Constitution by him and the Clergy published in the year 1332 hath decreed that every one which invadeth the Possessions of an Ecclesiastical Person shall be judged a Violator of Ecclesiastical Liberty and for the same Excommunicate SECT 8. 8. Generally the Pope claimeth to be judge of his own Liberties The Pope sole Judge of his own Priviledges and suffereth no Man to examine or determine of them but himself c. Cum venissent extra dejudiciis Whereas it is an old Maxime in all Laws that Nemo in propria causa potest esse Judex That no Man can be judge in his own Cause especially if Judge and Witness too yea Pope Gregory the First and a whole Council denounced an Anathema against the Pope himself or any other that should presume to be a Judge in his own Cause Sive in rusticano sive in urbano pradio whence Bartholemeus Baxiensis Dr. John Thierry and other Canonists in their Glosses on Gratian do resolve down-right that Papa in sua causa Judex esse non debet That the Pope ought not to be Judge in his own Cause Yet Gratian Caus 16. qu. 6. Alvar. Pelag de Planctu Eccles l. 1. Artic. 34 35. Alvarus Pelagius affirms the contrary upon this strong Presumption and Supposition Quod non debet aliquam causa a se remittere immo non potest licet suspectus quamdiu est Papa Papa enim aut sanctus est aut sanctus praesumitur non enim praesumendum est quod alias facit Papa quam Christus vel Petrus cujus est Vicarius Successor That the Pope ought not to remit any Cause from himself yea he may not although suspected as long as he is Pope for saith he either the Pope is Holy or is presumed to be Holy for it is not to be presumed that a Pope can do otherwise than Christ whose Vicar he is or Peter whose Successor he is But this is a Maxime frequently resolved in Law Books by all the Judges of this Realm That none can be Judge in his own Case who have farther adjudged 〈…〉 â—â—rliament make any Man Judge in his own Caseâ— the very Act it self â—â— void in Law being against the Law of Nature â—hich 〈…〉 and all Judgments given thereon are void SECT 9. 9. The Pope challengeth to himself Judgement of 〈…〉 they extend and how they are to be taken and giveth order for redress of the breach of them Where therefore every Prince at his Coronation taketh an Oath for the good Government of his Realm Princes called in question for their Government he is compelled to answer to his own Subjects at the Court of Rome to every Quarrel and Pretence of his Misgovernment as Matters falling within the Popes Authority to examine and reform the breach of Oaths So did Pope Honorius the Third in a Cause of a King of Hungary as appeareth in the Popes Decretals c. Intellect Extra de jure jurando One of their Canonists of great Reputation and a Cardinal wriâ—eth thus Si a Procerbus acousâ—tur Princâ—ps apud Pontificem non satisfâ—ciat vel a apa se poni pote vâ—l a Prâ—ceribus voluntate Papa If a Prince be accused by his Nobles unto the Pope and doth not give Satiâ—faction either he may be laid aside by the Pope or by the Nobles at the â—opes pleasure c. Alius 15. q. 6. SECT 10. 10. He taketh upon him also to assoil Men from keeping their Oaths Assurance betwixt the King and his Subjects disturbed whereby do grow Disturbances not only of Leagues betwixt one Prince and another but also of that Assurance which a Prince hath of his own Subjects and which sometimes the Subjects have of the Prince in Composition of Quarrels that do happen between them Bellarmine in the Second â—hapter of the Book against Barckley saith Pontifex po est dâ—spensare in votis juramentis quae Deus ipse jussit reddi quâ—rum olutio est de jure divino The Pope can give Dispensations from Vows and Oaths which God hath commanded to be fulfilled and the keeping whereof is of Divine right And you need not wonder at this if Bellarm. lib. â— de Pontifice cap. 5. you consider what he saith elsewhere If the Pope did err saith he commanding Vices and prohibiting Vertues the Church should be obliged to believe that Vices are good and Vertues are evil unless she should sin against Conscience In the year 882. Marin or Martin attained to the Papal Dignity of whom Platina saith that he came to the Popedom by ill ways There was then one Formosus Bishop of Porto who by the will of Pope John IX had been obliged by Oath never to receive Episcopacy though it were presented unto him But that Marin delivered him from that Oath by a Dispensation giving him leave to be forsworn with a good Conscience At that time the Counts of Tusâ—ulum had such a Power at Rome that they made Popes such as they listed Marin being dead they promoted Adrian the Third to the Popedom and after him Stephen the VII to whom Formosuâ— succeeded who made no difficulty to receive the Popedom against his Oath This Formosus had but a shorâ— Reign he had Boniface the VII for his Successor whom Stephen the VIII succeeded who unburied the Body of Formosus and having arrayed him with his Priestly Robes put him in full Synod upon the Popes Seat Then having cut off his Fingers wherewith he gave the Blessing he caused him to be dragged and cast into the River Tiber declaring him a Perjured Man and an Unlawâ—ul Pope That Stephen for his Tyranies was taken by the Roman People and strangled in Prison To that Stephen Romanus succeeded and to him John the X both which restored Formosus again to his good Name For this John assembled a Councâ—l at Râ—venna where all the Acts of Formosus were made valid and his Perjury approved But Sergins that succeeded abrogated all that and again unburied the Body of Formosus with a thousand Reproaches It is a particular stain to that Age that in it the Pope began to authorize Perjury and to dispense from Oaths See the 6th Question of the 15th Cause of the Decree which is full of such Examples But leaving this let us return to the Matter in hand how Thomas Beckâ—t was discharged of his Oath it hath been shewn before and the Examples be many of Subjects that have sought and obtained like Liberty at the Popes hands in matter of their Allegiance and Duty promised by Oath King John had taken an Oath to observe the Laws of King Henry the First of Edward the Confessor and the great Charter of