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A68730 Certain general reasons, prouing the lawfulnesse of the Oath of allegiance, written by R.S. priest, to his priuat friend. Whereunto is added, the treatise of that learned man, M. William Barclay, concerning the temporall power of the pope. And with these is ioyned the sermon of M. Theophilus Higgons, preached at Pauls Crosse the third of March last, because it containeth something of like argument Sheldon, Richard, d. 1642?; Barclay, William, 1546 or 7-1608. De potestate Papæ. English.; Higgons, Theophilus, 1578?-1659. Sermon preached at Pauls Crosse the third of March, 1610.; Barclay, John, 1582-1621. 1611 (1611) STC 22393; ESTC S117169 172,839 246

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twentie yeeres and rent the Church asunder with a continuall schisme may be an argument to vs that that Decree was not made by a diuine inspiration but by an humane passion nor that it proceeded from an ordinarie Iurisdiction of the holy Sea Apostolike but either from an extraordinarie ambition or an ignorance of his power and inconsiderate zeale of him that held the Sea For it is not likely that God who is the Author of Iustice and protector of the Church and who hath made the first executions of the spirituall power of the Church exceeding fearefull by present miracles and horrible effects would not also in like manner second with some singular miracle or extraordinarie assistance that first execution of so great and so high an authoritie and power of his Church especially seeing he was with so many praiers inuocated by the Bishop for his helpe and the Apostles themselues intreated with a solemne supplication in these wordes Goe too therefore you most holy Princes of the Apostles and by your authoritie interpo●ed confirme that which I haue said that all men may now at the last understand if you can binde and loose in heauen that you are also as well able it earth to take away and giue Empires Kingdomes Principalities and whatsoeuer else mortall men may haue Let Kings now learne by this Kings example and all the Princes of the world what you are able to doe in heauen and how much you are in fauour with God and heereafter let them be afraid to contemne the commandements of holy Church But execute with speed vpon Henrie that all men may vnderstand that this Child of iniquitie falleth out of his Kingdome not by chance but by your care Yet this I would intreat at your handes that he being led by repentance may at your request obtaine fauour of the Lord in the day of iudgement These and such like praiers being powred out to God and the Princes of the Apostles and Curses and Imprecations in solemne maner cast vpon Henrie who would not thinke that God who by his Apostles preserues his Church with a continuall protection would not easily suffer himselfe to be intreated and would not presently heare this first supplication of the Pope in the beginning of so great an authoritie of the Church to be made manifest if any such authoritie had belonged to the Church Wheras notwithstanding cleane contrarie euery thing fell out crosse and vnhappie against the Pope and against the authors and fautors of the Popes partie whilest Henrie in the meane time triumphed and held his Empire still for that which he suffered from his sonne at last after fiue and twentie yeeres vnder a shew of religion as Frisingensis saith that makes little or nothing to this matter This was a pretext onely for a wicked sonne who was sicke of the Father before the time but the true cause was ambition and the burning desire of rule quae multos mortales fallos fieri subegit and hath oftentimes armed with cruell and hellish hatred the Fathers against the Children and contrariwise as wee haue shewed at large other where One said excellently well patris long●o● vit a malo filio seruit us videtur CHAP. XI BY this as I suppose it is euident enough that the Church in times past did not tolerate Constantius Iulianus Ualens and other wicked Princes because she then distrusted her might and strength nor because she could not reduce them to order without the great hurt of the people for indeed she might with more ease and lesse hurt to the people haue chastised those ancient Princes Then not onely Henry the fourth from whose businesse so lasting a schisme did spring but either Otho the fourth or Frederick the second or Philip Pulcher or Lewes the eleuenth or Iohn Nauarre or others against whom the Bishops being puffed vp with the successe of their affaires drew foorth their Sentences of Excommunication and depriuation of Kingdomes not for heresie nor for the euill gouernment of State nor at the request of the subiects but euen inflamed and maliciously carried with their proper affections I meane their priuate hatred To conclude not for that the state of the Church in that age would haue her Bishops more readie than in this time to suffer martyrdome for then the Church was in very safe estate and as we say sailed in the hauen as hauing been now anciently founded vpon the Apostolike constitutions and sufficiently established by the labour and blood of martyrs Yea such then was the state of the Church that there was much lesse need for Bishops to be readie for martyrdome than at this time for that so great a multitude then being as it were sprinckled with the fresh blood of the martyrs did in a maner sauour of nothing but martyrdome that the Pastour was no lesse admonished of his dutie by the example of the flocke than the seuerall persons of the people by the example of the Pastour But now ô lamentable case the case is quite otherwise the Church is tossed with most grieuous tempests and only not ouerwhelmed as yet with the furie of heretikes manie euen of those who desire to be called Catholikes being so affected that they are not willing to suffer any great troubles much lesse vndergoe death for true religion wherefore that life and heat may be giuen to that lukewarmnesse and that men might be stirred vp to the readiest way and as it were the shortest cut for their health who seeth not that there is need of Bishops to shew the way both by word and example and both to compose them themselues and to exhort others rather to martyrdome than to armes and insurrections to which we are prone by nature Who would not iudge that the fatherly pietie of Clement the eight ioyned with excellent wisdome whereby he endeuoureth to reduce to an●itie and to keepe in 〈◊〉 Christian Kings and Princes is by infinite degrees 〈…〉 for the Church than the martiall furies 〈◊〉 〈◊〉 the eleuenth wherby he wickedly and cruelty sought to set Italie France Germanie Spaine and all 〈…〉 together by the cares 〈…〉 be thus surely we must needs conf●●● 〈…〉 ancient fathers of the Church 〈…〉 fault in that they did not only suffer 〈…〉 they might easily those guiltie and 〈…〉 of the saith but also courtcously reuerenced them and honoured them with regall titles and dignities or els we must needs thinke that they spared those maner of Princes for the reuerence of Maiestie the power which in temporal matters is inferior to God alone or surely we must beleeue that besides the reasons deliuered by the aduersaries there is yet some better behinde which none hitherto hath brought forth nor euer will as I suppose For that which a certain seditious fellow hath written in that infamous worke which he writ against Kings to elude the ●orce of the former obiection touching the tolleration of the ancient Fathers As though saith he
to the other although both of them may concurre in the same person For the same person may bee both a temporall Prince and a Bishop but neither as a Pope can hee chalenge to himselfe the actions offices dignities and other rights of Temporall things nor as a Prince of Spirituall If therefore these powers be ioyned together neither in dignities offices nor actions let Bozius tell vs wherein they are ioyned If he say in that because one is subordinate and subiect to the other that is it which we deny and which if it were true it would follow necessarily that those powers are distinguished neither in dignities nor offices but onely in actions and so this opinion of Pope Nicolaus should bee false for dignitie and office which is in the Person subordinated cannot but be in the Person which doth subordinate seeing it is deriued from him into the Person subordinated Hence it is that the Prince takes himselfe to be wronged while his Ministers are hindred in the execution of their offices and the Pope thinketh himselfe and his Sea Apostolike to be contemned if any Contempt be offered to the authoritie of his Legate sent by him But all things and Persons are proclaimed to be free and not subiect vnlesse the contrary be prooued And if these things be so it is very ridiculous and a meere fancie of Bozius his braine that he saies how it appeares by the former speeches of Pope Nicolaus That hee doth not affirme the Lay power to be disioyned from the Spirituall so as a Person Ecclesiasticall may not haue it but that a temporall Person may not haue an Ecclesiasticall For where can this appeare seeing in that letter there is not one word to be seene whereby that may be gathered in any probabilitie And hitherto haue I said enough of this Bozius his error And I am perswaded that no man is so madde that in the determination of this businesse touching the distinction of these powers will not giue credit rather to Hosius then to Bozius CHAP. III. I Would here annex other examples of Bozius his error but that I know that this opinion which he endeuoureth to reuiue being now laid asleep and almost extinguished seemeth in these daies to the learned so absurd and that it is refuted and ouerthrowen with so many and so cleere reasons that now a man need not feare least any be inueigled and ouertaken therewith For first it is certaine that neither Bozius nor al his abetors although they weare wrest the sacred writings and works of the fathers neuer so much shall euer be able to produce any certaine testimony whereby that same temporall iurisdiction and power of the Pope which they dreame on ouer Princes and people of the whole world may be plainly confirmed Nay but not so much as any token or print of any such temporall power deliuered by hand from the Apostles and their successors can be found from the passion of Christ for seauen hundred nay I may say for a thousand yeeres For which cause the most learned Bellarmine in the refutation of this opinion doth very wittily and shortly vse this strange reason If it were so saith he that the Pope be temporall Lord of the whole world that should plainly appeare by the Scriptures or surely out of the tradition of the Apostles Out of the Scriptures we haue nothing but that the keies of the kingdome of heauen were giuen to the Pope of the keies of the kingdome of the earth there is no mention and the aduersaries bring forth no tradition of the Apostles The which matters and with all the great diuision about this matter between the Diuines and the Canonists and of each of them one with another maketh that this question of the temporal power of the Pope seemeth very doubtfull and vncertaine and wholly to consist without any ground in the opinion and conceipt of men and therefore that the truth thereof is to be searched and sisted out by the light of reason sharpnesse of arguments and that it is no matter of faith as they speake to thinke of it either one way or other for that those things which are matters of faith are to be held of all men after one manner But for mine owne part although I doe with heart and mouth professe that the chiefe Bishop and prelate of the city of Rome as being the Vicar of Christ the lawfull successor of S. Peter yea the vniuersall and supreme pastor of the Church is indued with spirituall power ouer all christian Kings and Monarchs and that he hath and may exercise ouer them the power to bind and loose which the Scripture doth witnesse that it was giuen to the Apostle Peter ouer all soules yet notwithstanding I am not therefore perswaded that I should alike beleeue that he comprehendeth secular Kings and Princes with in his temporall iurisdiction or when they doe offend against God or Men or otherwise abuse their office that he may in any sort abrogate their gouernment and take their Scepters away and bestow them on others or indeed in a word that he hath any right or iurisdiction temporall ouer any lay-persons of what condition or order and ranke so euer they be vnlesse he shall purchase the same by Ciuill and lawfull meanes For as much as I haue obserued that the opinion which affirmeth the same hath beene assaied indeed and attempted by diuers but hitherto could neuer be prooued of any sufficient and strong reason and for the contrarie opinion much more weightie and more certaine reasons may be brought For my part in regard of the zeale I beare to the Sea Apostolike I could wish with all my heart that it might be prooued by certaine and vndoubted arguments that this right belongs vnto it being very ready to encline to that part to which the weightier reason and authority of truth do swaie But now let vs come nearer to the disputation it selfe That it is euidently false that the Pope hath authority and rule ouer Kings and Princes it is certaine euen by this that it were an absurd thing and vniust to say that heathen Princes are receiued by the Church in harder and worser termes then other particular men of the commons whosoeuer or that the Pope hath at this day greater power ciuill ouer christian Princes then in times past S. Peter the rest of the Apostles had ouer euery priuate man that was a child of the Church but they in those times had neuer any right or power temporall ouer christian lay-persons therefore neither hath the Pope now a daies any temporall power ouer secular Princes The assumption is prooned by this because it is most certaine that in the time of the Apostles the Ecclesiasticall power was wholy seuered from the ciuill I doe not hereweigh Bozius fooleries and that this ciuill power was wholly in the hands of heathen Princes out of the Church In somuch as the Apostles themselues were within the
Chapter of Bellarmine the which also in this place we will and that by good right fit to our purpose in this maner If it be true that the Pope hath temporall power indirectly to dispose of the temporalties of all Christians he hath the same either by the law of God or of man If by the law of God That should appeare by the Scriptures or surely by the tradition of the Apostles Out of the Scriptures we haue nothing but that the keyes of the kingdome of heauen were giuen to the Pope of the keies of the kingdome of earth there is no mention as for tradition of Apostles the aduersaries produce none neither Canonists nor Diuines If by mans law let them bring foorth their law that we may be all of the same opinion with them But if they shall say that they neede neither expresse word of God nor tradition of Apostles for the confirmation of this power since it appertameth to the Pope onely indirectly and by a kinde of consequence as a certaine and inseparable accession and appurtenance of that Spirituall power wherewith the supreme Pastor of soules is indued ouer all the sheepe of the Christian flocke We also will require of them some testimonie of this accession and coniunction either out of Scriptures or traditions of Apostles Wee doe require I say that they teach vs either out of Scriptures or tradition of Apostles that this is an accession and consequence necessarie and inseparable to that Spirituall power which the Pope hath and that it belongeth to the Popes office in some manner that is indirectly as they speake to dispose of all temporall matters of Christians seeing it is verie vnlikely if that belongs to his office that so great an extent of power and which there is nothing higher amongst men hath beene omitted in so deepe silence in the Church so many ages both by Christ our Sauiour and also by the Apostles and their successors for if each power may be seuered from other the Spirituall from the Temporall and contiarily there will be some place for that opinion which determines that that which is not permitted to be done directly cannot be done indirectly for so haue wise men defined as oft as any thing is forbidden to bee done directly that the same can neither bee done indirectly or by consequence vnlesse that which is forbidden doe follow necessarily to another thing lawfully permitted so as the thing permitted cannot proceed without the thing prohibited and vnlesse as I may speake with the Ciuilians The cause of both be so commixed that it cannot be seuered Whereby it is concluded that hee who is alone cannot alien any thing cannot yeeld to a sute moued vpon the same thing for that by this meane he should obliquely indirectly alien Therefore if the Pope as he is Pope hath no temporall power directly ouer Christians which they do grant it seemeth to be proued by the former sentence of the law that he can haue none not so much as indirectly Therefore that they may perswade men to their opinion they ought to bring testimonie out of Scriptures or traditions of Apostles or at least make plaine that this temporall power whereof they speake is so ioined with the Spirituall that by no meanes it can be pulled and diuided from it I meane that the Spirituall cannot consist without it Which because they could not performe they haue followed nothing but vncertaine opinions and such reasons as seeme not sufficiently to conclude that which they assume which we will examine in their order and place CHAP. VI. THe former opinion of the temporall power which they say the Pope hath indirectly is vehemently shaken euen by this that neither practise nor example nor any mention of such a papall power hath been heard of the space of a thousand yeeres in the Church when as in those times many christian Princes did abuse their Kingdomes and Gouernments impiously cruelly peruersly and to the great preiudice and mischeefe of the Church whereof one of the two must needs follow that either the Bishops of those times were wanting to their duties or that the Bishops of the times ensuing did and at this day doe gouerne the Church with greater power and command because these later haue openly challenged to themselues this temporall power and haue endeuoured to pull the same in and at their pleasure ouer Kings and Princes but the former haue not at any time acknowledged that any such right belongeth to them I am not ignorant what answers haue been made by diuers to excuse those first Pastors but I know that they are such that if they be diligently examined they can not be allowed by the opinion of any indifferent iudge There came foorth a booke printed at Rome the yeere of our Lord 1588. published vnder a fained name of Franciscus Romulus with this title An answer to certaine heads of an Apologie which is falsly intituled Catholike for the succession of Henry of Nauar into the Kingdome of France The author of which booke whome Bellarmine knowes and loues very well labours to take away this most important obiection by the change of the state of the Church and by the diuerse reason and condition of times and persons which oftentime brings in diuersity of law For thus he saith And now where as the aduersarie obiecteth in the fourth place touching the custome of our ancestors who endured many hereticall Princes as Constantius and Valens Arius Anastasius an Eutychian Heraclius a Monothelite and others besides it makes nothing to the matter For the Church ought not rashly and inconsideratly to abuse her power Moreouer it falleth out not very seldome that the power of certaine Kings is so great being also ioined with wickednesse and cruelty that the Ecclesiasticall censure neither profiteth any thing to restraine them and doth very much hurt to Catholike people vpon whom these Princes prouoked do rage the more For I pray you what had it auailed the Church in times past if she had assaied to excōmunicate to depose either the Ostrogoth Kings in Italy or the Visegothes in Spain or the Vandales in Afrik although she might haue done it very iustly and the very same ought to be vnderstood of Constantius and Valens and others aboue named and indeed then the times were such as that the Bishops ought rather to haue been ready to suffer Martirdome then to punish Princes But when the Church perceiued that now some place was opened to her power either with the spirituall profit of the Princes themselues or at least without the mischeefe and hurt of the people she was not wanting to her selfe as the examples alleadged before doe prooue For thus the Church iudged that Leo Isaurus was to be depriued of halfe his Empire and Henry the fourth of the whole and Childerike of the Kingdome of France and indeed afterward both Leo wanted part of his Empire and Henry the whole and Childerike his kingdome of France