Selected quad for the lemma: duty_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
duty_n	allegiance_n	law_n	oath_n	1,012	5	7.8657	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A38369	England enslaved under popish successors being a true history of the oppressions this nation groaned under in times of popery.		1681 (1681)	Wing E2932; ESTC R42018	37,306	46

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 〈…〉 ●●rliament make any Man Judge in his own Case● the very Act it self ●● void in Law being against the Law of Nature ●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 wri●eth thus Si a Procerbus acous●tur Princ●ps apud Pontificem non satisf●ciat vel a apa se poni pote v●l a Pr●ceribus voluntate Papa If a Prince be accused by his Nobles unto the Pope and doth not give Sati●faction either he may be laid aside by the Pope or by the Nobles at the ●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 ●hapter of the Book against Barckley saith Pontifex po est d●spensare in votis juramentis quae Deus ipse jussit reddi qu●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. ● 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 Tus●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 Formosu● succeeded who made no difficulty to receive the Popedom against his Oath This Formosus had but a shor● 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 Unlaw●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 Counc●l at R●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 Beck●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

Liberties but he violated this Oath and was absolved from it soon after by the Pope And we find that Pope Vrban the Fourth absolved King Henry the Third from his Oath made to his Subjects for the observation of certain Articles Mat. Paris fol. 1322. called The Provisions of Oxford whereto he had condescended after long trouble for the peace and quiet of his People Pope Clement the V also did the like to King Edward the First touching his Oath which he had made to the Barons of this Realm Thomas Waisingham f. 61. SECT 11. 11. The Pope taketh upon him Authority to Examine Princes Titles Princes Wars examined by the Pope c. Sicut extra in Jurejurando and the Causes of their Wars and to compound their Controversies at his pleasure compelling them to abide his Order upon pain of Excommunication Interdiction c. A matter very dangerous considering the Corruption of Justice in that See whereof there be so many Examples in Histories as would fill a large Treatise and that the Pope can hardly be indifferent his Affairs and State being such as they are for the most part linked with the one part or the other The claim of this Authorlty appeareth in c. Tram. Extra de ordine Cognition David Prince of North Wales having Wars with King Henry III committed himself his People and his Land into the hands of the Pope promising to hold his Right of him and to pay Five hundred Marks by the year Several Charters were made to the King by the Prince and Nobles of North Wales ratified by their Oaths and voluntary Submissions to Ecclesiastical Censures of Excommunication and Interdict by the Bishops therein nominated in case of Violation And the manner of his Oath is set down by Matth. Paris Et Matth. Paris p. 605 607. M●t. Westm p. 180 181 182. ad omnia firmiter tenenda Ego David juravi super crucem sanctam quam coram me feci deportari And firmly to hold all these things I David have sworn upon the Holy Cross which I have caused to be carried before me And the Reverend Father Howel Bishop of St. Asaph a● my request saith David hath firmly promised in his Order that he will do all these things aforesaid and procure them to be observed by all the means that he can And Ednevet Wagan at my Command sware the same thing upon the Cross aforesaid But the Pope layeth hold of the Cause the Controversie being committed by him unto two of his Clergy The King was called before Matth. Paris fol. 880 881. them to answer David's complaint which the King seeing how small likelihood there was of Indifferency refused to do King Edward the First having war with Scotland and being far entred into the Land was by Commandement of the Pope enjoyned to leave off his wars against that Realm upon pretence that Scotland and the people thereof were by his special exemption discharged from all Authority of other Princes and appertained to his See Thomas Walsingham addeth That the King refusing thus to be ordered was moved thereto again by the Pope and commanded to receive Order by way of Justice in his Court The King having received Pope Boniface's Letters assembleth a Parliament at Lincoln by whose advice he addresseth Letters Responsal to the Pope And the Lords Temporal in the name of the whole Parliament answered the Pope That the King of England ought by no means to answer in judgement in any Case nor should bring his Rights into doubt nor ought to send any Proctors or Messengers to the Pope c. And that they will not suffer their Lord the King to do or by any means to attempt the premisses bein● so unaccustomed and not heard of before Dated at Lincoln in the year 1301 in the 28th year of the Reign of King Edward the First But the same King in time of war with the French King was required Walsingham fol. 41. on the behalf of Pope Boniface VIII by his Legat to put their whole quarrel to be by way of Arbitrament decided by the Pope And further he was enjoyed upon pain of Excommunication to take truce with the French King for two years whereto he gave place saith Thomas Walfingham SECT 12. 12. Another Grievance was The departure of Prelats and other of Subjects departure out of the Realm against the Kings will the Clergy forth of the Realm and leaving the service thereof against the Kings will Of which sort some voluntarily have gone upon co●our of devotion as Anselm Archbishop of Canterbury in the time of King William Rufus notwithstanding that he was expresly forbidden by the King and told that if he went he should no more return into his Realm departed from hence pretending that he went Ad Matth. Paris fol. 29. Visitandum Limina Apostolorum To visit the Thresholds of the Apostles It may be he pretended his Oath for at that time Bishops used to bind themselves by Oath that once every year they should visit the See of Rome except they be otherwise dispensed withal which Oath by the Canon Law is now taken by every Popish Bishop Ego N Episcopus N. ab hac hora in antea fidelis obediens cro beate Petro sanctaeque Apostolica Romanae Ecclesiae ac Domino nostro S. P. suisque Successoribus canonice intrantibus Non ero in consilio aut consensu vel facto ut vitam perdant aut membrum seu capiantur mala captione c. Others again have been called forth of the Realm to the Popes service as Peter Bishop of Winchester in the time of King Henry the Third was called to Rome by the Pope pretending that he would imploy him in compounding certain differences which were betwixt him and the Inhabitants of Rome and betwixt him and the Grecians But truly as Matthew Paris noteth the Pope knew him to be a very rich Matth. Paris sol 549. Bishop and therefore sent for him to Rome to assist him not only with his Advice in his Military Affairs but also with his Purse against the Romans and Grecians And the Pope having made as much of him as he could for those ends importuned the King for his return into England which the King assenting to wrote thus to the Pope and Bishop Dom●no Papae Rex c significavit nobis sanctitas vestra per venerabilem Claus 19 H 3. Part. 2. memb 2. intus Patrem A. Coventrensem Litchfeldensem Episcopum dilectum fidel●m nostrum P. Saracenum Civem Romanum quod gratum haberetis acceptum si venerabilis Pater P Wintoniensis Episcopus cum gratia nostra reverti posset in Angliam sicut ad ejus spectat officium curam securus genere pastoralem super hoc ex parte sinceritatis v●strae nos rogaverunt Ad quod Sanctae Paternitati vestrae duximus respondendum Quod cum idem Episcopus Regnum nostrum ultimo exivit gratis motu