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A31002 Select discourses concerning 1. councils, the Pope, schism 2. the priviledges of the isle of Great Britain 3. the Popes primacy, and the supream power of kings, both in temporals and also spirituals ... / by F. Barnes, of the Order of St. Benedict. Barnes, John, d. 1661. 1661 (1661) Wing B866; ESTC R9065 18,723 62

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c 18 Num. in Edit 6.55 Epistle of Innocent the first to Alexander wherein he declares that the Cyprians are not wise according to the Faith unless they subject themselves to the Patriarch of Antioch it was decreed that what the Patriarch of Antioch attempted was praeter-canonical and therefore the Holy and Universal Synod declares that all Letters brought by him against the Cyprians were void So in the 178 Canon of the Code of the Universal Church d Et Tom. 2. Ephesin Append. 1. cap 4. In the Council of Chalcedon Act. 18. the Legats of Leo the first contradicted the Priviledges of the Constantinopolitan Patriarch but because they were according to the Canon of the fifty Holy Fathers assembled at Constantinople Leo 1. withstanding it was Synodically defined for the Patriarch of Constantinople These out of the Acts of the four general Councils which a Can. sicut Dist 16. Gregory receives as the four Books of the Holy Evangel yea as Cardinal Deus-dedit i. e. God-gave observeth in his Collection of Canons there was an ancient form of the Popes Oath which is yet extant b Can. sicut Dist 16. wherein hee sweareth that he will observe the four Councils to a title out of which the most learned c In Consult Venet Leschasserius wittily infers That the Pope of Rome cannot by right contend that hee is above those Canons of the Councils unless hee arrogate to himself a power above the four Evangels Agreeable to this oath of the Pope is the ancient Profession of d Can. Cont. Statut 5. q. 5. Pope Zozimus The Authority of this See cannot ordain or change any thing against the decrees of the Fathers And e Ibidem Canon sunt quidam Pope Urban Where the Holy Fathers have judicially defined any thing there the Pope of Rome ought not to give a new Law but to the hazard of life and blood confirm rather what is published The f Can. 8. Ephesine Council expresly orders that every single Church of the Provinces should have its rights preserved Hence arise the Appeals ab abusu and exceptions against the new Oecumenical commands So the Gallick Bishops under Ludovicus Pius except formally in these words against certain new Laws That they will obey them unless the Authority of the ancient Canons order otherwise And g Tract de Libert Eccles Leschasserius hath another honest note concerning the Gallick Nation That it was the usual manner of the Gallick Church to profess That shee acknowledged not the Pope of Rome but legitimately and canonically Which is the restriction of the Universal Church as hee there learnedly proveth Hence the African Fathers in a h Cap. 105. Synod under Boniface and Coelestine refuse to obey the commands of those Popes because they found it ordained by no Synod of the Fathers that any such thing should bee done And that I may pass by Hincmarus in i Tom. 10. Anno 878. num 30. Baronius who saith Hee receives the decrees of the Popes approved by Holy Councils and Gerbertus afterward called a Eod. Tom. Anno 992. N. 42. Sylvester the second accepting the decrees of the Apostolical See with this clause so they bee not dissonant from these Canons Illustrious was the testimony of St. Ignatius the Constantinopolitan and so of the whole Church approving his fact even to this day in b Tom. 10. Anno 818. N. 48. Baronius For he passed by with a deaf ear the Pope excommunicating him unless within thirty daies he recalled his Priests out of Bulgaria And Baronius doth not think Ignatius excommunicate for that command not fulfilled because hee defended the right of his Church as hee was bound by oath on the hazard of life eternal Therefore of greater authority is a Canon granting priviledge to the Church of Constantinople than a command of the Pope even Baronius being Judge See the very learned Collections of Vigorius Comment in Reipub. Synodal p. 26 46 22. And because Hincmarus a most constant Defender of the Canons is bitterly taxed by Baronius Dunallius and many more Neotericks I would have the Reader take notice that hee is praised by c Ad An. 109. N. 42. Baronius Tom. 2. as a man very famous for learning and piety Look Cassand lib. De Officio pii viri They which make the Pope of Rome little less than God and exalt his authority not onely above the whole Church but above the Divine Scripture it self and constitute his decree equal to the Divine Oracles yea the infallible Rule of Faith I see no reason why you may not call them Pseudo-Catholicks and Papists b That the withdrawing from the Ecclesiastical Magistracy of the Roman Church is deservedly reputed Schismatical I will confirm by the testimonies of Cassander and the Arch-Bishop of Spalato yet writing in England which may seem to arise rather from the desert of the thing than their blind affection toward the Roman Church Cassander saith thus in Tract De Officio pii viri Very many of them who have assumed their name from the Evangel despise utterly that party which hath retained the ancient name of Catholicks and the Roman Church and fly off from all communion with it nor do they account it a member of the same body but abominate it as the very body of Satan and Antichrist This I know truly and lament and do not see how they that are such can be exempted from the imputation of Schism And hee observeth that Luther himself at first confessed as much yea and afterward when made more fierce by the Popes Bull hee did not deny that the Roman Church wherein the Roman Pontifie swayed was the true Church of Christ although hee proclaimed the Governours of it as the Pope Cardinals c. not Members but Tyrants and Enemies of the Church For be it that the Pope is the Antichrist who Paul teacheth is to sit in the true Temple and true Church of God yet wee must abide in the true Church that the evil Pastour may be cast out of it for by our departure from the Church hee shall not the sooner be put out of doors Beside know That it is one thing to recede from communion with the Pope another from communion with the Church for in case of Heresie declared the Canons perswade and command both to adhere to her Canons and to separate ones-self from every Bishop that teacheth amiss To this purpose may be read the Canons of the Universal Church the third Canon of the Ephesine Council Wee command those Clerks who either have or do disunite by no means to obey their Bishops 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 nor at all in any manner to bee subject unto them And Can. 1. A Metropolitane being an Heretick can do nothing against the Bishops of his Province And Synod Constant 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Can. 13. They that separate themselves from communion with their Prelate being condemned for Heresie by the Holy Fathers or Synods
whence hee likewise hath breath And chap. 35. I subject the Emperour onely to God And chap. 34. Lord under God or representative of God Dominus vice Dei And to Scapula chap. 2. Hee is man next to God less than onely God greater than all while less than God alone This he Concerning this let the Disputation at large bee viewed in the Author of the d 3. Par. De Pot. Pontif. pag. 416. q. 3. Apologie for Andrew Dunal wherein the Parliamentary Custome in France is defended against the 25th Section of the third Canon in the Council of Trent according to the sense of Dunallius who argues out of e Rom. 13. Act. 25. Paul and f Chrys in 13. Rom. Chrysostom And the Gloss also maintains That Clerks and Monks are subjected to the commands of secular Princes and to be governed by their Laws so far as they pertain to the common society of living in a Kingdome that most of all cherisheth peace and tranquillity which cannot but oblige Clerks so that necessarily they ought to obey them their Clericate notwithstanding And by what right hee saith that concerning the Ecclesiastick and spiritual personages of Clerks hee ought to aver the same concerning their corporeal actions yea their sacred and spiritual And this Doctrine as at large is proved in the said Apology both Chrysostome and the Gloss assert in the cited places Beside the reasons which are brought by a L. 5. De Rom. Pontif. Bellarmin out of Scriptures and Fathers to prove That sometimes the temporal Power is subjected to the Ecclesiastick in order to a spiritual end prove also That the Ecclesiastick is subjected to the Temporal in order to a Temporal end as often as it may hinder or conduce necessarily unto it b L. 1. c. 3. contr Parmenian Augustin also expresly inculcates this Doctrine and calls them most unskilful people that contradict it c In Tract de Jurisd Imperat. Occam in his cases of Matrimony speaks thus To say That Spiritual causes no way pertain to a faithful Emperour is judged erroneous by some and hee saith The Spirituals about which precisely the Episcopal Power is conversant are the Spirituals which are delivered onely in the Divine Scriptures and which are no way common to the faithful and unfaithful And d Dialog cap. 99. otherwhere hee saith It is evident That they who perturb the peace of the Church ought to bee suppressed by secular Powers And herein the e Cap. 15. q. 5. c. Princeps Gloss is of the same sense with Occam The same hath f C. 3. q. 1.2 quale Pope Pelagius And g P. De potest Pap. c. 14. Joan. Parisiens When the Pope in Spirituals as the Simonaick collation of Benefices by evil teaching c. scandalizeth the Church nor is there any other remedy the Emperour being required ought to proceed against the Pope And the h Sess 2. Council of Basil yeelds a jurisdiction of punishing contemners of the Canons by the secular Magistrate i Par. 3. q. 3. De Pot. Pap. Dunallius saith That it is offensive unto Kings to say A Clerk that is a Parricide Sorcerer Traitour one that lyeth in wait for the life of his Prince cannot be punished by a secular Judge And these things are not to be maintained in France The Gloss on Rom. 13. citeth Hierome upon Jeremiah k Vid. Rhemens de Pot. Reg. cap. 7. l In 9. Abus Cyprian saith That Princes ought to defend their Churches even against the abuses of Prelates Pope Sylvester the fifth teacheth it after Innocentius And m Lib 2. de Concil cap. 19. ult Paludan Tract de Pot. Pap. Turrecremat l. 3. de Eccles 106. Jacobat l. 8. A 3. n. 6 Hostiens Antonin quos citat D●●al par ● 9 11. p. 8 5. Cajetan opusc de Pap concil c. 2● Symmach de Haeret c. 3. ss 3. Et c. 44. ss 31. Panormitan in c. sicut debuit jurando Bellarmin The Pope destroying the Church may be resisted by force and arms And Sayr the same in Thesaur l. 12. cap. 8. n. 8. Joan. Parisiens l. citat cap. 14. Ecclesiasticks that are incorrigibly delinquent in spirituals may be corrected by calling the secular arm in assistance unto the Law which hee saith Chiefly takes place in France the reason is this The act of sin belongs to the vice that commands it if therefore Treason commands a spiritual act as for instance the administration of Sacraments the said administration will belong to Treason and put on a temporal respect or guise as it happened Anno 1034. in a Priest who by giving the communion killed Henry the seventh the Emperour as it is in Genebrard and Cario That administration commanded by that crime as such is a temporal thing and corrigible by the Civil Magistrate And so holds Widrington Apol. num 154 156. where hee will have the preaching of the Gospel for so much as it wickedly troubles the Common wealth capable of being punished by the Secular Judge a 3. par q. 3. p. 393. Dunallius out of b Cap. 27. Enchir. n. 70. Covar ruv. in pract q. 9. c. 31. Citat Johan Fabrum Aufrecium Guiel Benedict Tirraquel Videatur Bochellus l. 2. decr Eccles Gallic Tit. 15. cap. 146. Navarre saies That the custome of France to take cognizance of Ecclesiastick causes by seculars hath been time out of mind See the c Lib. 5. cap. 42. p. 122. Edit Paris Capitular of Charlemaigne where the Kings Judges punish Bishops and Priests d In Somnio c. 36. Philotheus Achillinus saith Kings so they be absolute enjoy the priviledges and right of Emperours in their Kingdomes But it appears out of e In Can. 38.14 Synodi Balsamon That Emperours in time past could 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 make Bishopricks anew and exercise whatsoever Ecclesiastick Oeconomie as seemed them good 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Also upon the seventeenth Can. of the Council of Chalcedon and the sixteenth of the Council of Carthage The Kings therefore have prescribed authority in Spirituals by concession of the Church confirming these ancient pacifick uses See Justinians Code where are Imperial Laws concerning the Catholick Faith the holy Churches and their priviledges concerning Bishops Clerks Hospitals for Orphans Monks Places for Ascetick Discipline and their Priviledges f Lib. 4. Cod. de Causis matrimonialibus ex 14. Tit. Nomocanonis Photii not a Book of which but abounds with Imperial Laws concerning Sacred things While the Bishops of the second Synod were called to Rome a Sozom. cap. 12. lib. 7. Niceph. lib. 12. c. 15. Theodoret lib. 4. c. 8 9. Theodosius summons them to Constantinople In France from the beginning of Christianity received there the Kings took cognizance of Spiritual causes as appears out of the first b Et in Praefat. Et Lib. 2. Concil Can. 2.8 Et lib. 3. Can. 11 13 14 22 23 24 26. Council of Orleans under Clodoveus cap. 1. 2. and the second Council of Orleans under Childebert cap. 1 5 9 23. the fourth Council of Arles in Prolog under Charlemaigne the third of Toures the first of Mentz in Praefat. that of Rhemes under Charle maigne in Praefat. 51. the third of Cavaleon in Praefat. the first of Aix or Aquisgrane under Ludovicus Pius and Lotharius in their Epistles c. Flodoardus in the life of Hincmarus l. 3. c. 1. writes That Charles the Bald called a Synod at Beauvois concerning the affairs of the Church of Rhemes c Idem Binius Tom. 3. Concil pag. 344. Concilio Meldeasi cap. 78 79. Exempla Synodales Carolis Ealvi in Concilio Carissiaco Concil Pisteus 863. cap. 1. Wormacticas in init Tribuneus sub Arnuspho Impri Ep. Synodali Aurelian sub Rober●o 1017. Stampens Tempore sancti Bernardi idem docent Whence appears That the Kings of France acted in spiritual things according to the manner aforesaid Which Authority of theirs and prescribed Custome hath been translated to the Court of Parliament which began to bee steady or standing under Lewis the tenth as Gaguin l. 4. Nicol. Aegid in Hulmar Genebrard in Chron. l. 3. Anno 758. witness The Parliament alwaies observed for invioable Law the Capitularies of Charlemaigne in the second of which it is thus ordained Among Ecclesiasticks if a cause arise which belongeth either to the dishonour of the Kingdome or the common dammage permit it not long to bee concealed from us Wee ought to correct all these things and whatsoever is in these things which pertain to the peace and justice of our whole people and to the honour of our Kingdome and to the common utility The Ritual of the Consecration of the Kings of France in Bochellus d Lib. 5. Decret Tit. 2. renders the Kings Oath to bee To keep and defend the Canonical priviledge Law and Justice due unto the Churches The King is called by the Arch-Bishop crowning him a partaker of his Ministery Constantine excellently in Eusebius e L. 4. cap. 14. you are Bishops of what 's within and I of all without Caus 20 q. 5. Secular Princes have the pinnacles of their power within the Church I will conclude out of Parisiensis a most solid Divine f Tract de Potestate Papae cap. 21. That the spiritual Right of Collation c. may appertain to a Laike by Custome but hee saith That a spiritual is twofold one by causality whereby a spiritual grace is caused the other by concomitance and that by consequence or antecedence Now saith hee neither the first spiritual as the administration of Sacraments nor the right that follows upon it can appertain to a Laike but the antecedent right may well annexed to spiritual offices as Praesentation Collation especially by concession of the Church and by long Custome prescribed The King may acquire this right unto Himself because this is not repugnant to Him And here let mee end 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉