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A19552 Vigilius dormitans Romes seer overseeneĀ· Or A treatise of the Fift General Councell held at Constantinople, anno 553. under Iustinian the Emperour, in the time of Pope Vigilius: the occasion being those tria capitula, which for many yeares troubled the whole Church. Wherein is proved that the Popes apostolicall constitution and definitive sentence in matter of faith, was condemned as hereticall by the Synod. And the exceeding frauds of Cardinall Baronius and Binius are clearely discovered. By Rich: Crakanthorp Dr. in Divinitie, and chapleine in ordinary to his late Majestie King Iames. Opus posthumum. Published and set forth by his brother Geo: Crakanthorp, according to a perfect copy found written under the authors owne hand. Crakanthorpe, Richard, 1567-1624.; Crakanthorpe, George, b. 1586 or 7.; Crakanthorpe, Richard, 1567-1624. Justinian the Emperor defended, against Cardinal Baronius. 1631 (1631) STC 5983; ESTC S107274 689,557 538

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either truth or untruth 15. But leaving the Cardinall in these bryars seeing by the upright and unpartiall judgement of the whole Catholike Church of all ages we have proved the Popes decree herein to be erroneous and because it is in a cause of faith heretical let us a little examine the two reasons on which Vigilius groundeth this his assertion The former is taken from those words of our Saviour whatsoever ye binde on earth whence as you have seene Vigilius and as he saith Gelasius also collecteth that such as are not on earth or alive cannot be judged by the Church 16. The answer is not hard our Saviours words being well considered are so farre from concluding what Vigilius or Gelasius or both doe thence collect that they clearly and certainly doe enforce the quite contrary for he said not Whatsoever yee binde or loose concerning those that are on earth or living in which sense Vigilius tooke them but Whatsoever concerning either the living or dead ye my Apostles and your successors being upon earth or during your life time shall binde or loose the same according to your censure here passed upon earth shall by my authority bee ratified in heaven The restrictive termes upon earth are referred to the parties who doe binde or loose not to the parties who are bound or loosed The generall terme whatsoever is referred to the parties who are bound or loosed whether they be dead or alive not to the parties who binde or loose who are onely alive and upon earth Nor doth our Saviour say Whatsoever yee seeme to binde or loose here upon earth shall bee bound or loosed in heaven for ecclesiae clave errante no censure doth or can either binde or loose either the quicke or the dead but he saith Whatsoever ye doe binde or loose if the party be once truly and really bound or loosed by you that are upon earth it shall stand firme and bee ratified by my selfe in heaven So the parties who doe binde or loose are the Apostles and their successors onely while they are upon earth the parties who are bound or loosed are any whosoever whether alive or dead the partie who ratifieth their act in binding and loosing is Christ himselfe in heaven For I say unto you whatsoever ye binde on earth shall be bound in heaven and whatsoever yee loose on earth shall be loosed in heaven 17. This exposition is clearly warranted by the judgement of the whole catholike Church which as we have before declared both beleeved taught and practised this authority of binding and loosing not onely upon the living but upon the dead also Of their binding the nocent wee have alleaged before abundance of examples for their loosing the innocent that one of Flavianus is sufficient The Ephesine latrocinie adjudged and condemned Flavianus a most holy and Catholike Bishop for an Hereticke under the censure of that generall Councel Flavianus died nay was martyred by them The Holy Councell at Chalcedon after the death of Flavianus loosed that band wherwith the latrocinious conspirators at Ephesus thought they had fast tyed him but because their key did erre they did not in truth They honored and proclamed Flavianus for a Saint and Martyr whom the faction of Dioscorus had murdered for an heretike the holy Councell feared not to loose him because he was dead their power to binde or loose was onely towards those that are upon the earth or living By which example and warrantie of that holy Councell our Church of latter time imitating the religious pietie of those ancient Bishops restored to their pristine dignitie and honor those reverend Martyrs two Flaviani in their age Bucer and Fagius after their death when a worse then that Ephesine conspiracy had not onely with an erring key bound but even burned them to ashes Now it is rightly observed by Iustinian that if the Church may after their death restore such as being unjustly condemned and falsly supposed to be bound died in their innocency and sincerity of faith it may also by the very same reason condemne and anathematize such after their death who died in their impiety or heresie being charitably perhaps but falsly supposed to have died in the communion of the Catholike Church 18. And truely whether soever of these censures either of binding or loosing the Church useth towards the dead as they both are warranted by the words of Christ and judgement of the Church so in doing either of both they performe an acceptable service to God and an holy duty to the Church of God For as wee professe in our Creed to beleeve the Communion of Saints which in part consisteth in loving praising and imitating all such as we know either now to live or heretofore to have dyed in the faith or for the faith of Christ so doe wee by the same Article of our Creed renounce all communion with whatsoever heretickes either dead or alive and therefore though in their life time they had never beene condemned for such but honored as the servants of God under whose livery they hide their heresies and impieties yet so soone as ever they shall bee manifested to have beene indeed and to have died heretikes we ought forthwith to forsake all communion with them not love them nor speake well of them much lesse imitate them but as Saint Austen saith he would doe of Cacilianus even after their death corde carne anathematizare not making them accursed For that the Church cannot do and themselves have done that already but declaring them to be accursed in truth excluded from the society of God Gods Church and to be such though dead as with whom we can have no more cōmunion then hath light with darknesse faith with heresie God and Beliall nay we should wish that if it were possible there might be such an antipathie and disunion betwixt us and them as is said to have been betwixt Eteocles and Polinices that even our dead bones and ashes might leape from theirs nor sleepe in one Church nor one earth with them from whom one day they shall be eternally severed by a wall of immortality and immortall glory 19. Vigilius his second reason is taken from the rules decrees and Constitutions of their Apostolicke See by name of Pope Leo Gelasius both whō Vigilius saith to have defined this that a dead man might not noviter be condemned was it not enough for Vigilius that himselfe was hereticall herein unlesse he drew his predecessors also into the same crime of defending yea defining heresies How much better had it beseemed him to have covered such hereticall blemishes of their Apostolike See and of so famous Bishops as Leo and Gelasius were if not with a lappe of his robe as the good Emperour would yet at least with silence and oblivion 20. And yet for all this if Vigilius and the defenders of his infallibility will give me leave I am for my owne
part willing to thinke better and more favourably of Leo and Gelasius in this matter specially of Leo whose authority when some defenders of the three Chapters objected to Pope Pelagius as according with them Pelagius replyed not onely that hee could no where remember any such thing in the bookes of Leo but that Leo indeed taught the quite contrary as consenting wholly with Saint Austen who professed that he would anathematize Caecilianus after his death if it could appeare that he were guilty of those crimes Which testimony of Pelagius as it fully cleareth Leo of this heresie so doth it manifest how unjustly Vigilius pretendeth his consent with him in this cause yea and the words of Leo which hee citeth doe declare no lesse In that Epistle Leo intreating of those who by the just censure of the Church were excommunicated or who did not performe the acts required in repentance saith If any of them die before hee obtaine remission quod manens in corpore non receperit consequi exutus carne non poterit hee cannot obtaine that to wit remission of his fault being dead which before his death he had not received And upon these follow the words cited by Vigilius Neither is it needfull that we shold fift the merits or acts of them qui sic obierunt who so die seeing our Lord hath reserved to his justice what the priestly ministerie could not performe to wit the loosing of that band of censure or of sinne under which they dyed Thus Leo who denieth not that men after their death may be condemned but that any who in his life time is not may after his death bee pardoned Hee speakes not of such as have not beene in their life time condemned of which onely Vigilius entreateth but of such who being unpenitent or condemned by the Church die in their sin or under that just censure therefore in the state of condemnation So neither doe the words of Leo signifie any such thing as Vigilius by them intended to prove and Pope Pelagius assureth us that Leo taught the quite contrary to that which out of Leo Vigilius in vaine laboureth to prove 21. The very like construction is to bee given of the words of Gelasius in both the places cited out of him by Vigilius In the former entreating of Acatius he thus saith Let no man perswade you that Acatius is freed from the crime of his prevarication for after he had falne into that wickednesse and deserved to be excluded and that jure by right from the Apostolike communion in hac eâdem persistens damnatione defunctus est hee persisting in this condemnation dyed Absolution cannot bee now granted unto him being dead which he neither desired nor deserved while he lived for it was said to the Apostles Whatsoever yee binde on earth But of him these are the words cited by Vigilius who is now under Gods iudgement that is who is dead in this sort it is not lawfull for us to decree ought else but that in quo eum supremus dies invenit wherein hee was found at the time of his death So Gelasius In which words it is evident that hee speakes not as Vigi●lius doth of such as in their life time were not condemned nor denieth hee that such may after their death when their heresie is discovered be condemned but of such as being in their life time justly condemned dye impenitent in that estate and of such he denyeth that after their death they can be absolved A truth so cleare that Binius sets this marginall note upon it Qui impoenitens mortuus est excommunicatus post mortem non potest absolvi He who dieth impenitent under the censure of excommunication cannot after his death bee absolved And Gelasius himselfe often repeateth the same most clearly in his Commonitorium to Faustus We reade faith he that Christ raised up some from the dead but we never reade that he forgave or absolved any who were impenitent when they dyed and this power he gave to Peter Whatsoever thou shalt binde on earth on earth saith he namin hac ligatione defunctum nusquam dixit absolvi For Christ never said that any who dyed being so bound should be loosed 22. The same is his meaning also in the other place alleaged by Vigilius In it he intreateth of Vitalis and Misenus who being the Popes Legates had communicated with Acatius and other hereticall sectaries and were for that cause both of them excommunicated by Pope Felix the next predecessor of Gelasius Misenus repenting was received into the communion of the Church Vitalis remaining impenitent died under that just censure when some of Vitalis friends desired the like absolution for Vitalis being dead Gelasius utterly refused to grant it and calling a Romane Synode it was declared in it That Misenus ought in right to be loosed but not Vitalis whom as they professed they gladly would but by reason of his owne impenitency wherein he dyed they could not helpe nor absolve but must leave him which are the words on which Vigilius relyeth to the judgement of God it being impossible for them to absolve him being dead seeing it is said Whatsoever ye shall binde upon earth such then as are not upon earth God hath reserved them not to mans but to his owne judgement Nor dare the Church challenge this unto it So Gelasius and the whole Romane Synode who doe not herein generally deny that any without exception may bee judged being dead for then they should condemne besides many other the holy Councell of Chalcedon which absolved Flavianus and bound or condemned Domnus and both after their deaths but limiting their speach to the present matter which they handled they teach that none who are dead to wit in such state as Vitalis dyed excommunicated and impenitent no such can after their death be judged to wit in such sort as the favourers of Vitalis would have had him adjudged that is absolved or loosed after his death from that censure and that the words of our Saviour doe forcibly conclude seeing whatsoever is bound upon earth is also bound in heaven and seeing such as die in that just bond of the Church are indeed reserved to the onely judgement of God the Church can pronounce no other nor milder sentence then it hath already passed of them That none at all after their death may be condemned by the Church Gelasins saith not and that is the hereticall position which Vigilius should out of Gelasius but doth not prove That none who at their death are justly bound by the Church and dye impenitent therein can after their death be loosed by the Church is a catholike truth which Gelasius teacheth and we all professe this Vigilius firmly by Gelasius doth but should not prove 23. So willing am I to quit Pope Leo and Gelasius from that hereticall doctrine wherewith Vigilius by his Apostolicall decree hath not onely himselfe eternally blemished the Romane See but