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A04779 The right and iurisdiction of the prelate, and the prince. Or, A treatise of ecclesiasticall, and regall authoritie. Compyled by I.E. student in diuinitie for the ful instruction and appeaceme[n]t of the consciences of English Catholikes, co[n]cerning the late oath of pretended allegeance. Togeather with a cleare & ample declaratio[n], of euery clause thereof, newlie reuewed and augmented by the authoure Kellison, Matthew. 1621 (1621) STC 14911; ESTC S107942 213,012 425

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as God preuented the Iewes and whereas they by lawe of Nature had permission to choose their Kinges yet for their greater good he chose thē one him selue immediatelie so although by the lawe of Nature men otherwise might haue prescribed the manner of worshipping God and the worship had been lawfull so that it had been the worship of the true God and had been free from superstition yet because God hath ordained vs to a supernaturall end and would haue our Ecclesiasticall gouernment free from all superstition he hath himselfe appointed the manner of gouernment and hath giuen the Authoritie So in the lawe of Moyses he chose the Tribe of LEVI to serue in the Tabernacle and Temple and to menage Ecclesiasticall matters he instituted also sacrifices sacramentes and Ceremonies in like sort in the new lawe of Grace vnder which we liue he committed the gouernment of his Church to the Apostles and Disciples only and their successours he instituted seuen Sacramentes and a sacrifice he gaue vs a lawe and beleefe which first he deliuered by preaching then by the written Ghospelles and Epistles of his Apostles and other thinges he committed to the Church which he had instituted and established 5. So that as there is a Ciuill and Temporall Power residing in the Common wealth by which the Prince or Magistrate can gouerne and rule and cōmaund for the conseruation and promotion of the Temporall good of the same so is there a spirituall and Ecclesiasticall Power residing in the Church by which the Pastours haue Authoritie to preach teach administer Sacraments determine of matters of Religion to call Councelles for the better clearing of matters and enacte lawes which shall be thought expedient vnto the honour of God the spirituall good of the Church and euerie ones saluation And this is called Ecclesiasticall power which is distinct from the Temporall in many pointes 6. First in respect of the end and finall cause for Temporall power of it selfe aymeth only at Temporali Iustice peace and conseruation of the Temporall state of the Kingdome or Common wealth Ecclesiasticall power intendeth in this life the spirituall health of the soule and eternall rest and peace in the next Secondlie these powers haue diuers Actes and seing that powers are distinct by their Actes it followeth that Temporall and Ecclesiasticall or spirituall power are distinct That they haue distinct Actes it is manifest for the Temporall power maketh lawes for this corporall life and Temporalle state but the spirituall and Ecclesiasticall power maketh lawes for the soule and her direction the Temporall power remitteth the paines only of sinnes but the spirituall Power remitteth the sinne it self according to that Ioan. 20 Quorum remiseritis peccata c. VVhose sinnes you shall forgiue c. The Temporall power inflicteth and remitteth only Ciuill and Temporall punishments as imprisonment banishment temporall death but the spirituall power as now it is for in the old law there was not Potestas Clauium excommunicateth suspendeth interdicteth which are spiritual punishments and bonds of the soule and remitteth not only these paines but also eternall death and paine of Hell for when the Priest remitteth mortall sinnes he chaūgeth eternall paine into temporall yea some times when the Penitent cometh with a great contrition he remitteth both Eternall and Temporall Thirdly they differ in their obiectes for the spirituall power disposeth not of Temporall thinges but only as they are necessary to the spirituall The Temporall meddleth not with spirituall nor Ecclesiasticall matters according to that of S. AMBROSE S. Ambr. lib. 5. ep 33. ad Marcel soror Ad Impetatorem Palatia pertinent ad sacerdotem Ecclesiae Publicorum tibi maenium ius commissum est non sacrorum To the Emperour Pallaces appertaine to the Priest Churches to thee Emperour the right of common Walles is committed not of Churches And NICHOLAS Pope in an Epistle to MICHAEL the Emperour Ca. Cum ad verū dist 96. Vide etiā ca. Quoniam d. 10. Nec Imperator iura Pontificum arripuit nec Pontifex nomen Imperatoris vsurpauit quoniam Christus sic actibus propriis dignitatibus distinctis officia potestatis vtriusque discreuit Neither hath the Emperour taken to him the rights of Bishops neither hath the Bishop vsurped the name of the Emperour because Christ hath distinguished the offices of both by their distinct actes and dignities Fourthlie they differ in respect of the subiect and materiall cause for although it be not impossible for these two Powers to consort in the same subiect for we see they did in Melchisedech and in the first begotten of the Iewes in the law of Nature and in the Machabees who were Priests and Princes and consequentlie had temporall and spirituall power yet as in other thinges these powers are distinct so God not only in the law of Grace but also in the law written of Moyses would haue these powers placed in distinct subiectes and Persons 2. Paral● 19. For in the law of Moyses AMARIAS menaged matters of the Church law ZABADIAS gouerned the affaires of the Kingdome the Kinges and Princes of the Iewes were of the Tribe of IVDA the Priests of the Tribe of LEVI and those gouerned onely the Common VVealth enacted Temporall lawes waged battaile c. whereas the Priests ruled it matters of the Tabernacle and Temple offered sacrifice and gouerned the Synagogue And now in the law of Grace Christ gaue all spirituall power to the Apostles and their successours and not to Princes for to the Apostles and their successours it was saied VVhatsoeuer you shall bynd vpon earth Mat. 18. shal be bound in heauen and whatsoeuer you shall losse vpon earth shal be loosed in heauen To Princes it was neuer sayd so To the Apostles and their successours it was sayd Ioan. 20. Whose sinnes you shall forgiue they are forgiuen them and whose you shall retaine they are retained To Princes neuer To S. PETER an Apostle and Priest it was sayed Mat. 16 Thou art Peter and vppon this Rock will I build my Church To no Prince was it euer sayd in that sort To Apostles and Priests Christ sayed Matth. vlt. Goinge therefore teach ye all Nations baptising them in the name of the father the sonne and the holy Ghost To Princes neuer To Apostles and Priests Christ said Ioan. 6. As my liuing father hath sent me so I send you that is to preach to minister Sacramentes and to gouerne the Church Ephes 4. To Princes neuer To the Apostles Doctours Pastours Prophets Christ committed his Church to be gouerned Act. 28. to Princes neuer To Priests S. Paul gaue this admonition Attendite vobis vniuerso gregi in quo vos Spiritus Sanctus posuit Episcopos regere Ecclesiam Dei quam acquisiuit sanguine suo Take heede to your selues and to the whole flocke wherin the holy Ghost hath placed you Bishops to rule the Church of God which he hath purchased
appertained to military affaires And so from the first establishing of the law of Moyses the Temple and Synagogue was committed to the Tribe of LEVI the scepter and regall Authoritie was giuen to the Tribe of IVDA in like sort in the law of Grace when the Church came to her greatest perfection Christ appointed particularly Apostles Doctours Ephes 4. and Pastours to gouerne the Church and confirmed Princes in their temporall Authoritie commanding that obedience should be giuen to the Pastour in spirituall matters and to the Prince in temporall Mat. 22 Rom. 13 2. VVherfore least in giuing one of these Potentates too much Mat. 22 I may do iniutie to the other I must follow our Sauiours Commandement and so giue to Cesar that which belongeth to him that I take not from God and his Church what appertaineth to them And although in giuing both but their due I may perchance displease one yet if I may haue that indifferent audience which the grauitie and equitie of the cause requireth I hope to offend neither and how soeuet it happen I had rather displease then do wronge or iniurie And wheras in our Iland by the sway of Authoritie and terrour of lawes it hath bene made High Treason to denie the Prince Authoritie in matters Ecclesiasticall I protest that what I shall say in this matter proceedeth not from any disloyall minde towards my Princes true Authoritie nor from any itching desire I haue to lay open the disgrace of my Countrie which I would rather couer if it were possible with my owne life and bloud and to discharge my self from all iust imputation of Treason I desire to haue the leaue to plead this onlie for my defence that if this be Treason in mee not onlie all Catholick Priests Doctours and Prelates of the Church but also all the ancient subiectes not onlie of England but of all other Christian Countries must incurre the same imputation with me because there was neuer Christians before our English Protestants that gaue Ecclesiasticall power to Princes and there was neuer King of England or of any other Countrie what soeuer that euer was so hardie as to challenge such Authoritie before King HENRIE the Eight which his Challenge seemed so preposterous and monstrous that all the World stood and to this day standeth amazed at it and euen our Puritanes at home and all the new sectes abroade do abhorre and derest it And I in this Chapter shall bring such Argumentes against it that I hope that euen our English protestants who hitherto haue adored it wil be ashamed hence forth to submitt them selues to so monstrous Authoritie 3. My first Arguments shall be drawen from scriptures them selues For if the King had any such Authoritie then no doubt scripture which ●s aboue wee haue seene so often inculcateth Princes Authoritie in matters temporall would neuer haue kept silent this Ecclesiasticall power if they had had any such this being the greater and more eminent but scripture neuer giueth Princes this Authoritie neuer commandeth Christians to obey them in Ecclesiasticall matters but rather giueth that Authoritie to Apostles Bishops and Pastours and Commandeth obedience in this kinde to them not to Princes ergo Princes haue no Authoritie to command in Ecclesiasticall matters The Minor Proposition in which onlie consists the difficultie I proue out of those places of Scripture which aboue I haue alleaged and here will bring in againe yet to another purpose For to S. PETER no Temporall Prince but an Apostle and Pastour was promised the headship of the Church and consequently the soueraintie and supreame power of the Church Tues Petrus super hane Petram aedificabo Ecclesiam meam Mat. ●6 The Hebrew hath● Thou art a Rocke and vpon this Rocke will I build my Church And seing that to PETER it was sayd Thou art a Rocke to him also and not to CHRIST the Chiefe and independent Rocke nor to the faith of Christ as our Aduersaries would haue it it must needs be sayd and vpon this Rocke will I build my Church because the Relatiue This hath relation to him that was spoken of imediatly before which was only PETER not CHRIST nor the faith of CHRIST and therfore the Rocke and foundation of the Church and Head being all one it followeth that PETER and consequently the Pope his successour for the Church after PETERS tyme had as much neede or rather more of a Head and Pastour as in PETERS tyme and none euer practized Authoritie ouer all the Church but the Pope as all Councels and histories do witnesse is the supreme Head of the Church and so not euerie King no not any King in his Kingdome Apostles Prophetes Euangelists Pastours and Doctours onlie CHRIST gaue to gouerne his Church as S. PAVLE sayth not Princes Ephes 4. Mat. 18 To Apostles it was sayd VVhat soeuer you shall binde vpon earth shall be bound also in Heauen and what soe-euer you shall loose vpon earth shall be also loosed in heauen Ioan. 20 Neuer to Princes To Apostles it was said VVhose sinnes you shall forgiue they are forgiuen them and whose you shall retaine they are retained Neuer to Princes Of Bishops and Priests it was sayd Neb. 13. Obey your Prelates and be subiect to them for they watch as being to render account for your soules of Princes neuer rather they by these wordes are commanded also to obey Act. 20. To Bishops it was sayd Take heed● to your selues and the whole flocke wherein the Holie Ghost hath placed you Bishops to rule the Church which he hath purchased with his owne bloud to Princes neuer To a Bishop it was sayd Tit. 1. For this cause I left thee in CRETE that thou thouldst reforme the things that are wanting and thouldst order Priests by Cities as I also appointed thee To Princes neuer 4. I will not denie but that Princes are to assist the Church by sword scepter and Power and to punnish at the Churches direction not onlie Theefes and murderers but also Hereticks as CONSTANTINE and other Emperours did I graunt that they are nourcing Fathers Isay 49. but no Superiours to the Church And therfore if we read ouer both the old and new Testament we shall neuer finde that any King as King medled in the gouernment of Ecclesiasticall persons and matters 5. Bilson when he was VVardon of VVinchester wrote a booke called The True Difference betwixt Christian subiection and Vnchristian Rebellion in which he striueth but in vaine to prooue that the Prince hath supreme Authoritie in causes Ecclesiasticall and gouernment of the Church And to prooue this he citeth Nabuchodonosor Darius Par. 2. pag. 191 the King of Niniue Moyses Iosue Dauid Salomon Asa Iosaphat Ezechias Manasses Iosias and Nehemias as though they had gouerned the Ecclesiasticall affaires of the Synagogue In Tortura Torti pa. 363. So doth also D. ANDREWES But if I should graunt them that all these were by God appointed Rulers of
of their Kinglie Authoritie and if the woolfe come he may not only crie out against him by denouncing Gods law and Iudgements nor only strike him with his spirituall staffe but he may also vse euen the Temporall Club to chase him from the flocke and fould as many worthy Prelates of the Church haue done whose examples we shall anon alleadge And yet this not withstāding there shall still be a difference betwixt the Pope and the Temporall Prince because the Pope is to vse in the first place his spirituall glaiue and not to meddle with Kinges Regalities or temporall armes but onlie when it is necessarie for the good of the Church and when the Spirituall censures will no● suffice the Prince is to vse Temporall armes and not to meddle with the Spirituall at all 9. Mat. 18. The like Argument I deduce out of these wordes of CHRIST Si Ecclesiam non audierit sit tibi tanquam Ethnicus Publicanus If he will not heare the Church Chrysost in hunc locum let him be to thee as an Ethnike and Publican By the Church are vnderstood the Prelates of the Church and especially the Chiefe Prelate the Pope who gouerneth and commandeth in the Church and so this place is like to the former place of Deuteronomie Deut. 17 For as God there sayth that he that will not obey the high Priest shal be sentenced to death so here CHRIST sayth that he who will not obey the Pastours and especiallie the high Pastour shall be holden as an Ethnick and Publican that is by excommunication shal be cast out of all societie of the Church for with the Ethnikes and Publicans the Iewes had no commerce nor communication If then he contemne this censure of the Church the Chiefe Pastour may take his armes from him by which he molesteth her and seing that his Temporall power is that which is his Chiefest weapon the High Pastour may depriue him of it else the high visible Priest of the New law should be inferiour to the High Priest of the oulde law and MOYSES should be preferred before CHRIST and the Synagogue before the Church To make this deduction of more force I obserue that this place conuinceth that the Pastour of the Church may separate a disobedient Christian from the societie of the rest which is a Temporall punishment being a priuation of Temporall conuersation whence it followeth thar if the disobedience and default deserue it he may also depriue a Prince of his Crowne and Temporall Authoritie that being also a Temporall paine Which Argument shall be confirmed more hereafter 10. Many also and not improbablie alleage for proofe of that which hath bene said those words of our Blessed Sauiour to his Apostles Mat. 18. Whatsoeuer you shall binde vpon earth shall be bound also in heauen and what soeuer you shall loose vpon earth shal be loosed also in heauen For although this power of binding and loosing giuen to the Apostles and their Successours especiallie the Chiefe Pastour hath for her ordinarie functions loosing or detaining sinnes excommunicating or absoluing dispensing in vowes and oathes c. yet the wordes being generall VVhat soeuer you shall bind vpon earth it seemeth that they should not so be restrained but that they may be extended to loosing and absoluing euen from Temporall allegeance and obedience to the Prince when obedience to the Prince can not stand with the conseruation of the Churches right or faith for which that power was giuen And if the Pastour may free the subiects in this case from all obligation of obedience or dutie to the Prince he may make them no subiects and consequentlie the Prince no King nor superiour for the Prince and subiects are correlatiues which are of this nature that one cannot be without the other and one destroyed the other is destroyed VVherfore if the Chiefe Pastour of the Church can absolue the subiects from their allegeance be can make them no subiects if he can make them no subiectes he can make the Prince no Superiour and consequentlie depriue him of all Temporall Authoritie by which he is Superiour VVherevpon not only the learned writers of this time Cardinall BELLARMINE SVAREZ SCHVLKENIVS and others but also some of the auncients haue vnderstood this place of loosing in some case euen from Temporall allegeance S. GREGORIE the Seuenth who deposed HENRIE the fourth Emperour of that name in his depositiō which BARONIVS alleageth Baron tom 11. Anno 1080. num 11. calling vpon S. PETER and S. PAVLE sayth thus Agite nunc quaeso Patres Principes sanctissimi vt omnis mundus intelligat cognoscat quia si potestis in Coelo ligare obsoluere potestis in terra Imperia● Regna Principatus Ducatus Marchias Comitatus omnium hominum possessiones pro meritis tollere vnicuique concedere Goe to now I pray you ô most holy Fathers and Princes that all the world may vnderstand and know that if you can bynde and loose in heauen you can in earth take away according to their deserts from euerie one and giue to others Empires Kingdomes Principalities Dukedomes Marquisdomes Counties and all mens possessions So INNOCENT the fourth in the Councell of Lions and in the deposition of FREDERICK the second expoundeth the same and warranteth therby his authority in deposing And thus much concerning proofes of the Popes authority out of scripture for deposing Princes and punishing Hereticks and rebelles to the Church by Temporall chastisements CHAPTER IX By Theologicall arguments grounded in principles of faith and the Nature of the Church as it is an absolute Common wealth the same power of the Supreame Pastour is prooued 1. WHat proofe holie Scripture yeeldeth for this veritie we haue seene in ther former Chapter Now let vs see what proofe reason grounded in faith and the Churches Nature can afforde vs. My first Argument I deduce from the comparison before mentioned betwixt the Spirituall and Temporall power by which I haue made it manifest that the Spirituall power exceedeth the Temporall as in many other things so in inflicting penalties and punishments for the Temporall power can onlie punish the bodie the Spirituall can chastize the soule that power can only decree and indict Temporall penalties and mulcts this can lay spirituall Censures and bonds vpon the soule euen excommunication This power which the Church hath to excommunicate I haue aboue in part prooued out of diuerse places of Scripture which here with some others I shall alleadge againe for my present purpose For to omitt that S. PAVL excommunicated that Incestuous Corinthian 1. Cor. 5. 1. Tim. 1. Tit. 3. 2. Thes 3. 2. Ioan. 1 2. Cor. 10 as also Hyminaeus and Alexander he insinuateth the same power where he commands vs to shunne hereticks and not to say Aue vnto them As also where he sayth Arma militiae nostrae non carnalia sunt sed potentia Deo ad destructionem c. The weapons of our warfare are not
Which no man can denie but that it is spoken with the Emperours honour for what more honourable then that the Emperour should be called the sonne of the Church And then say I if he be a sonne he is a subiect no lesse then the sonne to the father The same Doctour in a booke wrote of Priestlie Dignitie sayth yet more Honor sublimitas Episcopalis sayeth he nullis poterit comparationibus adaequari Lib. de dignit sacerd cap. 2. Si Regum fulgori compares Principum Diademati longè erit inferius quàm si plumbi metallum ad auri fulgorem compares quippe cum videas Regum colla Principum submitti genibus sacerdotum exosculatis ecrum dexteris orationibus eorum credant se communiri The honour dignitie and Highnes of a Bishop cannot be equalized by any comparisons If thou compare it to Kinglie lustre and the diademe of Princes thou shalt say lesse then if thou shouldst cōpare lead to the glittering gould for as much as thou seest Kinges and Princes neckes submitted to the knees of Priests and thē selues kissing their right handes to be waranted by their prayers Hom. 4. de verbis Isaiae S. CHYSOSTOME Regi corpora commissa sunt sacerdoti auima Rex maculas corporum remittit sacerdos autem maculas peccatorum Ille cogit hic exhortatur Ille necessitate hic consilio Ille habet armasensibilia bic arma spiritualia Ille bellum gerit cum Barbaris mihi sacerdoti bellnm est aduersus Daemones Maior hic Principatus propterea Rex caput submittit manui sacerdotis vbique in veteri scriptura sacerdotes inungebant Reges To the King bodies are committed to the Priest soules The King forgiueth the punishments of the bodie the Priest the blottes and blemishes of sinnes He compelleth the Priest exhorteth he by necessitie this by counsell he hath sensible weapons this spirituall he makes warre against the Barbares I the Priest am to wage battaile against the deuils Greater is this Principalitie and therfore the King inclineth his head to the hand of the Priest and euerie where in the old Testament Priests did annoint Kinges And againe Siquidē sacerdotiū Principatus est Hom. 5. de verbis Isaiae ipso etiā regno venerabilius ac maius c. Because Priest hoode is a Principalitie and that greater and more venerable then the Kingdome Speake not to mee of the purple and diademe and goulden robes these all be but shadowes and more vaine then springe flowers Speake not to mee of these thinges but if thou wilt see the difference betwixt a King and a Priest way the power giuen to them both and thou shalt see the Priest fitting much higher in dignitie then the Kinge For a though the Throne of a Kinge seeme to vs admirable for the pretious stones wherewith it is couered yet he hath allosted him onely the administration of earthlie thinges But to the Priest a throne is placed in heauen and he hath authoritie to pronounce sentence in heauenlie businesses Who sayth so Mat. 18. The King of the heauens him selfe What soeuer you shall bynde vppon earth shall be bound also in heauen and whatsoeuer you shall loose vppon earth shal be loosed also in heauen What can be compared with this honour from earth heauen taketh the principall power of iudging For the iudge sitteth on earth our Lord folioweth his seruaunt and whatsoeuer he shall iudge heere below that he approueth aboue And a little after Eoque Deus ipsum regale caput sacerdotis manibus subiecit not erudiens quod hic Princeps est illo maior Siquidom id quod minus est benedictionem accipit ab eo quod praestantius est And so much God hathsubmitted the Kinges head to the handes of the Priest teaching vs that this Prince is greater then he for he that is lesse receaueth benediction from him that is greater Yea S. CHYSOSTOME giueth not only Bishops but also euen Deacons Hom. 33. in Matth hom 83. in eund Authoririe ouer Kings Si dux igitur quispiam saieth he si Consul ipse si qui diademate ornatur indignè adeat cohibe ac coërce maiorem tu illo potestatem habes If therfore any Capitaine or Consul if he that is adorned with a diademe approach vnworthilie keepe him backe and restrayne him thou hast greater power then he And to this purpose we read that S. Re. MIGIVS the Apostle of France Histoire de l'Eglise de Reins lib. 1. cap. 13. a little before his death commanded the Bishops to excommunicate the Kinges of France if they should waste or inuade the Churches But aboue all most forcible is the testimonie of Ignat. Epist ad Smyrn S. IGNATIVS an Apostles scholler who so extolleth Princelie dignitie that yet he giues the precedence vnto the Bishops authoritie Honora Deum sayth he vt omnium authorem Dominum c. Honour God as the Authour and Lord of all and the Bishop as the Prince of Priests bearing the Image of God and houlding his princedome of him and his Priesthood of Christ And after him you must honour also the King For none is to be prefered before God nor equal to him nor none more honourable in the Church then the Bishop exercising the Priesthood of God for the saluation of the world Neither is any equall to the King in the Hoste or Campe procuring peace and beneuolence to the other Princes vnder him For he that honoureth the Bishop shal be honoured of God and he that dishonoureth him shall of God be dishonoured For if any man rising against the King is worthie of damnation how shall be escape Gods Iudgements that attempteth any thing against or without the Bishop For Priesthood is the Chiefe and summe of all mans good which wh● soeuer disgraceth dishonoureth God and our Lord IESVS Christ the Chiefe Priest of God 11. Sixtlie this I proue by Emperours and Kings proper confession who all of them haue acknowledged Bishops and especiallie the Chiefe Bishop of Rome their Fathers Pastours and superiours and those that haue supreame authoritie ouet them CONSTANTINE the Great in an ●ict of his shortely after his baptisme ●saieth thus Cap. Cōstantinus 2. dist 96. Vtile iudicauimus c. vt sicut in terris Beatus Petrus Vicarius filij Dei videtur esse constitutus it a etiam Pontifices qui ipsius Principis Apostolorum vices gerunt Principatus potestatem amplius quàm terrenae Imperialis Nostrae Serenitatis mansuetudo habere videtur concessam à nobis nostroque Imperio obtineant Wee haue Iudged it profitable that as blessed Peeter is appointed the vicaire of the sonne of God in earth so also Bishops who are Vicegerents of this Prince of the Apostles should haue more amplie the power of principalitie graunted by vs and our Empire Ruffin lib. 1. cap. 2. then our terrene Imperiall Serenitie seemeth to haue And Russinus relateth how that when certaine Bishops assembled at