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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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ergo he may stand in his owne defence and by warres defensiue may maintaine his possession And then to what iniuries and gatboiles the Church should expose Kings subiects and Kingdomes and consequently the whole Church who seeth not but he that is wilfullie blind and will not open his eyes so that either the Councell of Laterane was temerarious and rash to build so perilous a Decree vpon no assured but only probable opinion or she thought assuredly that the Pope had such Authoritie and then euerie obedient Child of the Church should rather follow hers then Widdringtons and some few his companions opinion For certes otherwise as it is iniustice to put one out of his land or house who hath probable right and withall possession because potior est cónditio possidentis better is the condition of him that is in possession So were it open iniustice in the Pope to depriue a King of his Crowne and Kingdome who hath probable right because it is as Widdrington saith but probable not assured that the Pope can depose him and who yet hath possession He answereth that the Church commandeth the Feast of the Conception and the Pope hath giuen authoritie to simple Priests to confirme and moreouer dispensed with Princes in the solemne vow of Religion which yet are grounded but on probable opinions But the foresaid Authour in his discussion of this Decree hath verie well shewed that such inconuenienecs follow not vpon these Decrees which are not so dangerous nor concerne not the whole Church as this decree doth but onlie particuler persons and therfore I will not actum agere 8. But here I can not but obserue how cunninglie Widdrington in his new yeares-gifte endeauoureth to make his Reader beleeue that I made this Argument against my selfe In his new yeares gift pag. 43. and 52. For wheras I out of the decree of the Generall Coūcell of Lateran which I supposed to be iust had inferred that the opinion which holdeth that the Pope can in some case depose a Prince on which this decree is grounded must needes be more then probable and no lesse then certaine else if it were but probable that the Pope can depose a Prince it were probable also that the Prince deposed had still probable Title and so being in possession should vniustly be dispossessed because better is the condition of the possessour who hath probable right VViddrington taketh it for a probable opinion only that the Pope can depose a Prince whieh I alwayes denied and disprooued and thence inferreth and as he would seeme euen by my argument and Confession that the Pope cannot without open iniustice depose a Prince Where I desire the Reader to note how I as all modest Catholickes should doe doe attribute so much to the Councelles decree that by it I prooue it to be a certaine opinion that the Pope can depose a Prince in some case else the decree had been vniust VViddrington notwitstanding this decree holdeth still that it is but a probable opinion that the Pope can depose a Prince and thence inferreth that the Pope can not iustlie depose and so is not ashamed nor afraid to confesse in effect that this decree of that so greate and Generall Councell is vniust which with what modestie he can do I report me to all modest Catholickes and to the iudgement of all iudicious Readers 9. Lastlie I will yet trie another waie to persuade these kinde of men which if they contemne Mat. 18. they can hardlie auoide that imputation of Ethnikes and Publicanes which Christ him selfe layeth on them that will not heare the Church For not onlie that which is expreslie and in actu signato defined by the Councell is to be beleeued vnder paine of heresie but also that which in actu exercito is defined I will explicate my self If the Pope especiallie with a Generall Councell decree or enact any Generall law which he commandeth to be obserued of the whole Church he doth not expresselie and in actu signato define the thing to be lawfull which he commandeth but yet he doth in actu exercito and tacitè define it to be lawfull because if he cannot erre in prescribing generall lawes to the vniuersall Church as if he could the whole Church which must obey her Chiefe Pastour should erre with him it followeth necessarily that he hath infallible assistance in enacting such lawes and consequently that it must not onlie be probable but also certainly true yea and so true that it is not onlie temeritie and rashenes but also obstinate heresie to holde that it is vnlawfull which the Pope thus commandeth Bellarm. lib 4. de Rom. Pont. cap. 5. Du Valle lib. de suprema Rom. Pont. in Ecclesiam potestate part 2. q. 7. This is the opinion of Bellarmine which he prooueth also verie solidlie The same a learned Doctour of the Sorbonnes and Chiefe Reader in Diuinitie called Du Valle holdeth and as Diuines knowe it is the common opinion though some few holde the contrarie Du Valle hath these wordes Han● autem infallibilitatem non minùs quàm in fidei definitionibus agnoscunt omnes Catholici Doctores But this Infallibllitie no lesse then in definitions of faith all Catholick Doctours do acknowledge This both Bellarmine and he as others also prooue by many Arguments For First if the Pope could command an vnlawfull thing he should command vice for vertue and might forbid vertue as vnlawfull whence should follow that the Church which must obey her Chiefe Pastour should erre in a matter necessarie to saluation for she should imbrace vice for vertue and imbracinge that should be no more Holie Yea then the Church should erre in a matter of faith because if the Pope cōmād vice for vertue the Church which must giue eare to her Chiefe Pastour should embrace it as lawfull and consequentlie should embrace a thing against faith for as it is against faith to say or thinke that Christ is not reallie in the Blessed Sacrament so is it to say or thinke that vice is vertue which yet the Chiefe Pastour should teach in commanding and the Church should beleeue in embracing and obseruing Whence I inferre that the former decree of the Councell is a matter of faith and necessarily to be beleeued For by this decree the Pope and Councell of Lateran do absolue the subiects from obedience and fidelitie by a Generall Decree do depose the Prince from his Kingdome which if it were vniust as it must needs be if the Pope had no Authoritie the Pope and Councell should erre in a matter against faith because the Catholick faith teacheth that vertue is good vice is euill and vnlawfull yet if this decree of deposition of the Prince and absolution of his subiects from their fidelitie were against iustice the Church which must obey her Chiefe Pastour should be bound to thinke iniustice to be iustice vice to be vertue which is against faith And therfore if VViddrington notwitstanding this
may by a compendious satisfaction take from all all scruple of scandall behould our Lords Bodie which I shall take and receaue let it be to mee this day a triall or experiment of myne Innocencie that Almighty God may this day either absolue me by his Iudgement from suspicion of the crime obiected against mee if I be Innocent or may kill me by sodain death if I be guiltie Then he demaūded of the Emperour whether he would make the like protestation but he hauing a guiltie conscience durst not After this the Emperour contemning all former promises and oathes returned to his vomit Wherfore the same Pope in the Councell also at ROME anno 1080. excommunicated him againe and againe declared him still deposed being before onlie absolued from excommunication and admitted to the Communion 10. Widdr. Disput Theol. c. 3. sect 1. n. 8. But VViddrington excepteth against this Councell for that it was not Generall But certes the Authoritie of this Councell is sufficient to moue any true Christian hart and child of the Church For many thinges giue this Councell great credit First as Schulckenius well obserueth it was confirmed by the Pope Schulck in Apol. pro Bellarm pag. 260. which according to the common opinion makes a matter of faith because to PETER and consequentlie to the Pope it was sayd super hanc Petram aedificabo Ecclesiam meam Luc. 22. and vpon this Rocke will I build my Church and to him CHRIST sayd Ego rogaui pro te Petre vt non deficiat fides tua tu aliquando conuersus confirma fratres tuos I haue prayed for thee PETER that thy faith fayle not and thou once conuerted confirme thy brethren Where CHRIST prayed for PETER as a publick person and that he might not erre in teaching others because CHRIST prayed for him that he might confirme others and so if the Chiefe Pastour do speake ex Cathedra though not in a Generall but only in a Prouinciall Councell it makes a matter of faith according to the cōmon a D. Th. 2.2 q. 1. art 10. Waldēs lib. 2. doctrin Fidei cap. 47. et 48 Turrecr l. 2. summae cap. 109. Driedo lib. 4. de Eccles dogm ca. 3. par 3. Caiet in opusc de potestate Papae Conc. ca. 9. Canus lib. 6. de locis c. 7. Bellarm. lib. 4. de Pont. c. 2. Du Valle l. de supr Pōt Author par 2. q. 1. alij opinion For although many heresies were condemned by Generall Councels yet farre more by Popes with their ordinarie Councell or Prouinciall Councels onely as the Quartadecimi by Pope VICTOR the Nouatians by CORNELIVS the Pelagians by INNOCENTIVS and ZOZIMVS and many other hereticks and heresies by other Popes without Generall Councels All which to call in question were to bring into doubt many Decretall Episties and to giue a great scope to many Hereticks to plead not guiltie as not being condemned by a Generall Councell Secondlie the Pope that decreed the deposition of HENRIE the fourth was a great Saint who was brought vp as him selfe often confesseth from a child in the schoole of S. PETER and so knew well the practise of the Church he wrought myracles liuing and dead and left many other testimonies of his great sanctitie and innocencie of life All which is abundantly testified by diuers authors whome b Bellar. lib. 4. de Rom. Pont. cap. 13. Bellarmine citeth and is recorded also by c Baron tom 11. an 1084. n. 10. an 1085. n. 11. 13. Baronius Thirdlie his successours VICTOR the third VRBANVS the second PASCHALIS and others approoued this sentence of Excommunication and deposition Fourthlie all the Christian world except a few Schismatikes followers of the Emperour and the Antipape whom he sett vp fauoured and approoued the sentence as is easie to be seene in d Baron to 11. in Greg. 7. Baronius WILLIAM the Cōquerour King of England PHILIP King of France ALPHONSVS King of Castile CANVTVS King of Denmarke ROBERT Count of Flanders and other Princes held with GREGORIE the seuenth Yea the learnedst and holyest Bishops and Abbots were all for GREGORIE the seuenth as HVGO Abbot of Clunie BERNARDVS Abbot of Massilia DESIDERIVS Abbot of Cassina and after successour to Pope GREGORIE chosen so much against his will that for a yeere he would not vndertake the charge S. ALPHONSE Bishop of Salernum our learned LANERANC Archbishop of Canterburie Sainct ANSELME Bishop of Luca Abbas Vrsperg ad an 1080. to whom Vrspergensis though a Schismatick giueth this commendation Anselmus Lucensis liter is apprimè eruditus ingenio acutissimus facundia praecipaus quod omnibus maius est in Dei timore sancta conuersatione nominatissimus adeo vt tam in vitâ quàm post mortem referatur miraculis clarus Anselme of Luca greatlie learned most sharpe of witt principall in Eloquence and which is more then all most famous for his feare of God and holie conuersation in so much that he is sayd to haue floruished with miracles in his life tyme and after his death So this Schismaticke who followed the Emperour and Guibert the Antipape saith of him This S. ANSELME wrote an Epistle to Guibert the Antipape Baron anno 1080. num 29. in which he compared GRBGORIE the seuenth to S. CORNELIVS Pope and called Guibert the Antipape à Preuaricatour Lastlie all the Christian world sauing the Schismatikes applauded it none called this deposition in question none but Schismatikes doubted of his Authoritie So that the Emperour was deposed as it were by consent of the whole Church 14. I could alleage also that this Councell in which HENRIE the fourth was deposed did not onlie depose him but also did define that the Pope can depose Princes for to the same Councell Baron tom 11. an 1076. num 31. as BARONIVS affirmeth appertaine GREGORIE the seuenth his Breuiores sententiae shorter sentences which are intitled Dictatus Papae amongst which this is one Quod Papae liceat Reges deponere That it is lawfull for the Pope to depose Kinges Another is Quod à fidelitate iniquorum subiectos potest absoluere That he can absolue subiects from their fidelitie promised to wicked Kinges Neither are Widdringtons exceptions against these shorte sentences Widdr. Disput Thcol. c. 3. sect 1. n. 6. and definitions of any moment As for example Suppose sayth he these sentences were defined in that Councell of Rome Quomodo tibi constat eat tanquam propositiones ad fidem pertinentes non vt probabiles solùm assertiones definitas esse How knowest thou that those propositions are defined as appertaining to faith and not as probable assertions only By which exception he might except almost against all the Canons in all the Generall Councels and euen against the Generall Councell of Trent in whose Canons he shall finde Anathema pronounced but seldome in the doctrine defined in the Chapters And so when the Councell defineth any