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A67430 The advocate of conscience liberty, or, An apology for toleration rightly stated shewing the obligatory injunctions and precepts for Christian peace and charity. Walsh, Peter, 1618?-1688. 1673 (1673) Wing W627; ESTC R17873 108,039 320

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the stile Here is nothing proposed to be believed no Anathema fulminated no signification that the contrary is against the Scripture c. therefore at most it is a meer ecclesiastical ordinance touching external discipline and as such what is more ordinary and permitted than for Princes to refuse admittance therein we see some Churches of France reject the decrees of reformation made in the Council of Trent and also practised in England 8. Suppose it be an ordinance yet supream Princes and Kings are not named but excluded and only their Officers and Substitutes c. 9. No example can be produced in the Empire or other Catholick State that such an Oath in succeeding times was imposed or threatned But on the contrary we know Charls the fifth by a Law of the Empire publickly permitted Lutherans in several Provinces and all the Kings of France sin●e Hen. 3. permitted the Calvinists yet the Pope never threatned deposition or they feared it Therefore this doctrinal point of Faith is shamefully pretended to be involved on that or the like Decrees viz. the Popes power of deposing c. What State Kingdome or City received or taught the People this even as a probable Opinion It is well known in practice and doctrine other Sects and their accusers have been more faulty in this point then they as History and experience testifie of Princes actually deposed in Scotland Denmark Sweden Geneva c. and absolute rebellion following their doctrine in Poland Bohemia England France Hungary Germany c. Obj. Innocent the third who presided in this Council actually deposed King John and Otho the Emperour Resp Popes as private Doctors may err in matters of fact their Decrees and Bulls are not always held as infallible and may be opposed as often they have been by Papists nor will they scruple to do it especially about temporal affairs We do not approve whatsoever Pope● do in fact in deposing c. If some Popes have been exorbitant have not Papist themselves defended their Princes against all pretended illegal impositions of Rome If some Popes have transgressed and been passionate men it doth not follow all have as some Princes have been Tyrants not all This King John Protestant Histories conclude passing by his youthful Rebellion murthering his Nephew his Atheism c. they record he lost our whole interest in France discontenting all his people not defending their Rites and Priviledges c. So Heylin Daniel Martin Sir Robert Cotton Hist And Stow in his Chronicle 170. relates it thus King John being dissolute and perfidious and would not grant the Laws or Liberties of the Charter had as many enemies as Nobles Clergy and Layty petitioned against him for the Pope to depose him an opinion then in practice the Pope would not but sent Paendulph his Legate who comes over to Dover to King John to counsel the King's peace and reconcile him to God and the Church The King living then in great jeopardy to loose his Kingdome The King of France being invited by the Nobles and Clergy to invade the Kingdome saved the Kingdome by it after this the Clergy came over and all was in peace The Pope after this excommunicates the Barons for the disobeying the King and calling in the French King Lewis into the Realm And Gaule the Legate was sent from the Pope to forbid Lewis to go into or invade England to excommunicate him if he did But Lewis of France arrived in England whom the Barons assisted against King John John soon after died his eldest son Hen. 3. at nine years old was crowned King by the Bishops of Winchester and Bath c. and the Government of the King was committed to the Popes Legate the Bishop of Winchester and Earl of Pembroke The Legate maintained the King's part admonished prayed and commanded the disobedient to do as he did called a Council at Bristol caused the Bishops to incline to the King's part notwithstanding Lewis did what he could to the contrary Seeing Lewis and his complices were excommunicated every Sunday by the Legate though they had London and all the East parts of England Lewis had notice from Rome except he went out of England the sentence of excommunication of the Legate should be confirmed by the Pope For this cause saith Stow 175. a truce was taken between Lewis and King Henry Philip of France called his son Lewis to return he being passed over the Earl of Salisbury Earl Warren c. revolted to the Kings side and this by industry and virtue of the Pope's Legate Lewis being absolved from the excommunication went into France but his complices were by the Legate deprived of all benefit by their disobedience See Stow 170. Thus we see how for want of knowledge things are carried on and reported very frequently in the worst sense and construction it may be easily collected out of our own Authors and Chronicles that Popes have been great friends to our Princes and this Nation Take in short out of Stow 883. that Pope Adrian the fourth an Englishman invested Hen. 2. with the Dominion of Ireland and had it confirmed with an Assembly at Waterford Pope Vrbane who sent a Legate the Bishop Sabrine into England with sentence of excommunication against the City of London and Cinque-Ports and all those that troubled the King's peace King Richard of England being taken Prisoner unjustly by Leopold Duke of Austria in return from the Wars with the Saladine demanding a great ransome and misusing him The Pope excommunicated the Duke of Austrich and injoyned him to release the Covenants that he constrained our King to make and send home the Pledges The Duke refusing this Order shortly after broke his Leg and in great anguish ended his life and was kept unburied till his Son released the English Pledges Thus were the Pledges restored and the money behind released How oft did the Pope grant to the King of England the Tenth of all Ecclesiastical Goods as to Edward the first and second Sent the Abbot of Saint Denis Legat to request Edward the second to remove from him Pierce Gaveston without which the Kingdom could not be in peace nor the Queen injoy the Kings true love Vide Stow 213. Edw. 2. The Pope sent Ganelinus and Lucius de Flisco by the Kings request to make peace between England and Scotland and reconcile to the King Thomas Earl of Lancaster who brought Bulls from the Pope to excommunicate the Scots except they returned to peace with the King of England William Longshamp Bishop of Ely and Legate to the Pope and Chancellour of England was made Governour of the Realm by Richard the first Afterward the Archbishop of Roan was made Regent of England then being made Archbishop of Canterbury Then you see there was no jealousie of the Pope or his Clergy but on the contrary for many hundred years our Princes and Nation reposed as with just reason they might the greatest trust and confidence in their loyalty faith and
miles removed than in many thousand within his own Kingdom not all of them Angels The King of France esteems it a priviledg granted him in a Concordate by the Pope that no particular Bishop should have power in any case to excommunicate him Never was there greater supporters to the Crown than English Catholicks have been ever against the least encroachment offered by the Bishop of Rome himself as it is to be seen in the Stat●t Laws of King Richard the Second wherein you find in many businesses the Pope was interessed the Roman Catholicks flatly denying the Crown of England to be subject to any immediately but to God yet acknowledged in the very same Parliament the Bishop of Rome's spiritual Jurisdiction And Bishop Bilson in his Defence between Christ and Antichrist brings in the Parliament consisting then altogether of Roman Catholicks expressing their loyalty to their Soveraign Prince in these words we will with our said Soveraign the King and his said Crown and Regality in cases aforesaid and in all other cases attempted against Him his Crown or Dignity in all points live and dye p. 3. p. 243. And in Holinshed 2. Volume of the last Edition p. 309. we find in the Reign of King Edward the First all the Catholick Lords assembled in Lincolne in Parliament in the name of all estates did answer the Popes right to judg c. that they would not consent their King should do any thing tending to the disinheriting of the Crown or right of England And that it was never known and consequently never practised that the King of this Land had answered or ought to answer for their rights in the said Realm before any Judg ecclesiastical or secular Yet at the same time they stiled Pope Boniface the high Bishop of the Roman universal Church and themselves his devout sons c. Therefore Catholick Religion hath no headship prejudicial to temporal Supremacy If this were a Check to the Glory of Kings why do the Kings of France Spain Poland Portugal the Emperour and other great Princes in Germany uphold it and glory in it the Duke of Savoy with the Florentine and the rest of Italian Princes living under the Popes Nose absolute and arbitrary in their Dominions dispute with Sword in their hand for their Temporalities And for the Catholick Church in England in Catholick times Stat. 25. Edward 3. Statut. 16. Richard did not admit the Pope's deposing power in temporals made it a preeminence to appeal to Rome or to submit to a Legates jurisdiction without the Kings License or on the Popes summons to go out of the Kingdom or receive any mandates or brief from Rome or purchase Bulls for Preserments to Churches c. and the reason was given because the Crown of England is free from earthly subjection and immediately subject to God Our Catholick Lords of England have in the name of the whole Body made oft protestations of eternal fidelity to the King and renouncing all dependance of any forreign power that can any way be prejudicial to him Many Protestations Professions Declarations have been printed by several Catholicks that no authority on earth can absolve them from their necessary and natural Allegiance and that his fidelity was a duty of their Religion have made and will be ready to give all security of peaceable obedience and sincere integrity that any words or actions can confirm But you will object and say they allow a power in the Pope to excommunicate Princes and thence follows a train of pernicious consequences of deposing raising his Subjects against him c. Resp That the power of Excommunication is indeed necessarily annexed to the pastoral Function and therefore to be allowed in the cheife Bishop over his Flock But they deny and renounce any further extent of that power unto those things which appertain to Caesar 5 and therefore they declare as firmly that notwithstanding any such excommunication they will bear true faith to our Prince and him maintain and defend against all opposers whatsoever You may again object the Council of Lateran decreed Princes that savoured Hereticks after admonition given the Pope might discharge the Subjects from allegiance and give away the Kingdom to some Catholick to root out Heresie Resp 1. Councils are not infallible in every point even in matter of fact and other Constitutions not concerning faith or doctrine being but human Laws are changeable and oft admit exceptions 2. Council's Ordinations are to be taken according to the prudent meaning of the Legislators which bear another sense than the words taken lye In this case suppose the Emperours of the East and West Kings of England France Hungary Hierusalem Cyprus Arragon c. agree together to purge their Kingdoms of Heresies and upon forfeiture the Church should give their Dominions to another that will perform their Compact these Princes being present by their Embassadors at the Councils and what was there done was done by their consent The Albigensian Heresie beginning to be so numerous and even dangerous those Monarches thought themselves in no worse a condition for that decree nor did any Catholick King since complain or protest against this Council for it 3. Note the Decrees of some Councils not received or acknowledged universally by the Catholick Church are not obligatory but that which is principally to be considered is that in the Decree of this Lateran under Innocent the Third it is ordained not Supream Princes but temporales potestates dominos which bear Offices in States and Kingdoms to take Oaths to root out all Hereticks under the penalty of being denounced to be deprived of their Estates c. yet reserving the right of the supream Lord. 4. This pretended Article of Faith hath been disclaimed by a world of unquestionable Catholicks and all allegations confuted by learned Authors of our Nation Doctor Bistop writ a Book purposely against it 5. No proof can be given that it was ever received or executed by any Catholick Kingdom out of Italy The reason is because those decrees were never published by Pope Innocent nor a Copy of them extant either in the body of the Councils or Vatican Library or elsewhere till a certain German three hundred years after said he found them in a Manuscript compiled he knows not by whom 6. By testimony of all Historians at that time Pope Innocent suffered in Reputation having convoked so many Prelates to no purpose 60 Capitula were recited in the Assembly and many penned in a stile as if they had been concluded but nothing at all could plainly be decreed no Conciliary determinations made but one or two viz. about the recovery of the holy Land and subjection of the Greek Church to the Roman for a War began then between them of Pisa and Genua which called the Pope from the Council 7. Be it granted a conciliary decree it is so far from looking like an Article of Faith which saith Bellarmine and Canus may easily be discovered by