Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	cause_n	error_n	writ_n	1,472	5	9.3274	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A12213	A reply to an ansvvere, made by a popish adversarie, to the two chapters in the first part of that booke, which is intituled a Friendly advertisement to the pretended Catholickes in Ireland Wherein, those two points; concerning his Majejesties [sic] supremacie, and the religion, established by the lawes and statutes of the kingdome, be further justified and defended against the vaine cavils and exceptions of that adversarie: by Christopher Sibthorp, Knight, one of His Majesties iustices of his Court of Chiefe Place within the same realme.	Sibthorp, Christopher, Sir, d. 1632.	1625 (1625)	STC 22524; ESTC S117400	88,953	134

judgement of Constantine upon this Appeale made to him though by Donatists was not onely justified and approved by S. Augustine but embraced also by other Christian Emperors as Vertuous and confirmed as Religious and honoured of the whole Orthodoxe Church in that time So little cause hath mine Adversarie or any other Papists to mislike of Constantine his meddling therein as if it were unlawfull But secondly my Adversarie answereth that the then Emperor Constantine the Great did remit Caecilianus and the Donatists for the decision and determining of their difference unto Miltiades Bishop of Rome as to his proper and right Iudge It is true that he committed the hearing and determining of that cause unto Miltiades Bishop of Rome but not to him alone as if he were the sole and onely proper and rightfull Iudge in the case but to him together with others For Marcus Rheticius Maternus and Marinus were interested with him in the same Commission The Commission is yet extant in Eusebius to be seene in these words Constantine the Emperor unto Miltiades Bishop of Rome Euseb li. 10. c. 5 and to Marcus sendeth greeting For asmuch as many such Epistles are brought unto mee from Anilinus Lieutenant of Africke wherein it is said that Caecilianus Bishop of Carthage is reprehended in many things by divers of his Colleagues abiding in Africke and this seemeth unto me very grievous that there should be found in those Provinces which the providence of God hath allotted peculiarly unto my government a great multitude of people prone unto the worse and disagreeing And that amongst Bishops there should be such variance My pleasure therefore is that Caecilianus with ten Bishops of his accusers and ten other of his favourers doe come to Rome there to be heard before you both joyning with you Rheticius Maternus and Marinus your Colleagues whom purposely for that matter I haue cōmanded with speed to repaire thither unto you c. And S. Augustine likewise hath before told you Aug Epist 166. that the Emperor committed this cause Non Episcopo sed Episcopis Not to one Bishop in the Singular number but to Bishops in the Plurall number eam discutiendam atque finiendam Episcopis delegavit And againe he saith Colla● 3 diei cum Donatist●● cap 5 Causam Caecilian injunxit eis audiendam elsewhere he also saith Constantinum dedisse Iudices iterum Idem Epist 166 That Constantine gave them Iudges a second time And hee further proveth that those Iudges both the first and second might lawfully judge in that case Idem Epist 162. Eo quod Imperator illos Iudices dedisset Because the Emperor had given those Iudges So that it appeareth very fully and clearely that not Miltiades alone as Bishop of Rome and in his owne right but Miltiades associated and joyned with others namely with Marcus Rheticius Maternus and Marinus were the Iudges in this case and that by Commission and Authoritie granted from the Emperor Yea you see there was afterward also an Appeale from their sentence to the Emperor whereupon the Emperor a second time gave other Iudges From these also 〈◊〉 there a second Appeale to the Emperor himselfe in person who at the last in his owne person heard and judged the cause and without the Bishop of Rome by his owne authoritie pronounced finall sentence therein The least of these facts proveth the Emperors Supremacie in those times aswell over the Bishop of Rome as over other Bishops What force then have they when they be all united and joyned together Yet thirdly my Adversarie answereth that Constantine the Emperor did but pronounce and declare the justnesse of the sentence given formerly against the Donatists by their competent Iudge Pope Miltiades But first why doth he still say That the sentence against the Donatists was given by Miltiades as though it had beene given onely by him For it is manifest that it was not only his sentence and judgement but the sentence and judgement of the rest of his Colleagues and fellow Commissioners joyned with him Secondly why doth he speake of Miltiades Bishop of Rome as if he were the onely competent Iudge when he not only seeth others to be joyned and made Iudges with him but an Appeale also to be made and allowed from his and their sentence and from other Iudges also afterward given to Iudge of the same cause And thirdly though Constantine the Emperor did by this sentence upon hearing of the cause cleare and acquite Caecilianus and condemne the Donatists and so approved the first sentence and judgement given by Miltiades and his Colleagues and the second sentence also that was given by the other Bishops assembled at Arle in France Yet doth this approbation of his or declaration of the Bishop of Romes sentence in this case to be just and right no more prove a supremacie in Miltiades the Bishop of Rome then it doth in Marcus Rheticius Maternus and Marinus or then it doth in those other Bishops that were afterward assembled at Arle whose sentence he likewise approved and declared to be just Neyther doth it any way impayre or detract from Constantine his judgement but that hee was also a Iudge and held the place and office of Iudicature all this notwithstanding For else may you say that those Bishops assembled at Arle whom S. Augustine expressely calleth Iudices Iudges were also no Iudges because they likewise aswell as Constantine acquited Caecilianus and condemned the Donatists and so approved the sentence of Miltiades and his Colleagues declaring it to be just If a Writt of Error be brought in the Kings bench of a Iudgement given in the Common-pleas upon hearing of the cause the Iudges in the Kings Bench approve and confirme the judgement formerly given in the Common pleas and so declare it to be just and right Doth this any way prove that therefore those in the Kings bench be no Iudges or doth it in any sort detract from their Authoritie So upon the Appeale made to the Emperor when he in his own person sate as Iudge therein having power in himselfe eyther to affirme or disaffirme the former sentences and judgements given by others as he shall find the cause upon hearing to require If he upon hearing it finding the former sentences and judgements given for Caecilianus against the Donatists to be just and right doth by his final sentence pronounce and declare them so to be Doth this therefore prove him to be no Iudge or doth it any way detract from his supremacie Yea it doth rather verie strongly and most strongly prove the Emperor to bee a Iudge and the Chiefest and highest Iudge under God and to have the Supremacie over the Bishop of Rome aswell as over other Bishops within the precincts of the Empyre For as Carerius also confesseth and teacheth Summum Imperium penes eum esse constat ●arer de potest Rom. Pont. lib. 1. cap. 10. ad cujus Tribunal provocatur It is manifest that to

to Christian Emperors Kings and Princes which is allowed to farre inferior and meaner persons Yea these chiefly and principally in regard of their high places and callings are to be allowed this right Whereas therefore my Adversarie saith that Bishops and Cleargie men should be Iudges for determining of Dogmaticall questions and Controversies of Faith and Religion and that Christian Emperors Kings and Princes are to be guided directed taught and instructed by them all this is granted Yet withall let Christian Kings and Princes have also herein their dues and that right which to them belongeth Which is to search the Scriptures thereby to trie examine whether the doctrine of their Teachers be true or false For Act 17.12 Basil 〈◊〉 d●f 77. pag. 432. it behoueth the Hearers saith S. Basill that be instructed in the Scriptures to trie those things which are spoken by their Teachers and receiving that which agreeth with the Scriptures to reject the contrarie And so S. Augustine likewise Aug in Iohan. tract 46. Sua vero si velint docere nolite audire nolite facere That if they will teach their owne devises you must neyther heare them nor doe as they teach you Although then Bishops Pastors Ministers Ecclesiasticall are first of all to be consulted with to ●udge of matters of Faith controversies in Religion y●● are they not absolute and infallible Iudges nor absolute and infallible Teachers or directors but are themselves limited and to be directed in all their Iudgements Doctrines and Decrees by that onely absolute and infallible rule of trueth the sacred and Canonicall Scriptures So that if they shall judge direct decree or teach any thing not according to the Divine Scriptures but contrarie thereunto as the Arrian Bishops in time past did and as the Popish Bishops and Teachers in these dayes doe all that is ●ustly worthy to be refused by all Christian Emperors Kings and Princes as is verie evident both by all good reason and by that which is before delivered Now then although these two points be granted to my Adversarie viz. That the Regall and Priestly offices be things distinct and that those that beare Regall Authoritie be also subordinate and subject to that Authoritie message and Ministerie which God hath cōmitted to Bishops Pastors and Ministers Ecclesiasticall yet when there is further a third point appearing which he must acknowledge namely that Bishops Pastors and Ecclesiasticall Ministers be also subordinate and subject to the sword and Authoritie of Christian Kings and Princes and that in matters Ecclesiasticall and concerning Religion aswell as in matters Civill and Temporall as is before at large declared What benefite or advantage doth he get thereby Yea is not his cause thereby for ever overthrowen Thus farre then you see that the plea which hee hath put in for a demurrer or stay of mens judgements is altogether insufficient for that purpose and therefore for any matter yet shewed by him or appearing to the contrarie all mens judgements may and ought to proceede and to be given against him and his cause unlesse in that which followeth he can shew better matter then as yet he hath shewed Let us therefore now see whether hee hath any better matter in that then he hath found in those his two points before mentioned For those his two former points appeare not worth a poynt nor of any value or validitie at all against the Kings SUPREMACIE 4 First it is true that I alledged that Text of 1. Pet. 2.13 To prove the KINGS SUPREMACIE over all persons aswell Ecclesiasticall as Civill within his owne Dominions And what can my Adversary say against it Doth not S. Peter expressely require of all Christians that live within the Dominion of any King 1. Pet. 2.13 That they should submit themselves unto him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 unto the Chiefe or Supreme person over them Hee cavilleth at my argument because it is thus propounded interrogatively and not affirmatively A verie childish exception if it be not more then childish For is he so sillie and ignorant that he knoweth not that an interrogative speech doth sometime carrie the force of the greater more Emphaticall affirmation And yet if hee had but read and remembred the verie next words following that interrogative he might have found a redditive and a direct affirmative answere thereunto For the words next and immediately following bee these It is evident say I that he calleth the King Chiefe or Supreme not onely in respect of Dukes Earles or other Temporall governors as the Rhemists would have it but in respect of all the rest likewise were they Bishops Pastors Cleargie men or whosoever For he writeth that his Epistle not to Heathens but to Christians and amongst them not to the Lay people onely but to such also as were Presbiters and did 〈…〉 1. Pet 112.34 5. 〈…〉 5 1.2 doe the office of Bishops amongst them requiring even them aswell as the rest to yeelde their subjection submission unto him Now then seeing this direct affirmative in my Booke pag. 1. of that Chapter and that the words of S. Peter in the Text it selfe be also direct affirmative 1. Pet. 2.13 for these be his words Be yee therefore subject c. What doth he or can he answere thereunto He sti●l cavilleth at the words of the Text playing with them ad libitum and maketh the reason of it to be because he is a Lawyer as though it were lawfull or allowable for a man of that profession to be a wrangling Lawyer or as though because he is a Lawyer it were as free for him to cavill and sport himselfe with Divine Texts and evidences as with humane or as though he had never heard nor learned That Non est bonum ludere cum Sanctis Seeing I am a Lawyer saith he let me article and make my argument or plea upon the Text And then hee goeth on and saith That these wordes in the Text Be subject doe no more specifie the Christians then the Heathens nor any more the Subjects then the Princes Be not these strange asseverations For when S. Peter writeth that his Epistle not to Heathens 1. Pet. 1.2 3.4 c. but to Christians dispersed through Pontus Galatia Capadocia Asia and Bithinia and saith thus unto them Subjecti estote Be yee subject Can these words thus directly and purposely spoken to Christians no more specifie or intend Christians then Heathens Where were the mans wits I mervaile when he wrot thus absurdly Yea himselfe afterward confuteth himselfe For mentioning both this Text of S. Peter and that also of S. Paul in Rom. 13.1 c. He saith that in these two cited places both these Apostles Exhort to obedience and the reason saith he why the King is mentioned Is because in those dayes Christians were by the malice of their Adversaries accused of sedition and rebellion against Princes Doth hee not by these wordes make it verie evident that S.

the spreading of his Religion For Aug. Epist. ●0 as the same S. Augustine againe saith a King serveth God one way as he is a man and another way as he is a King As a Man he serveth God by living well and faithfully But as he is a King he serveth God by setting forth Lawes to command that which is good and to remove the contrarie So that Kings as Kings serve God in doing that for his service which none but Kings can doe Wherefore my Argument to prove the Authoritie of Emperors Kings and Princes in both those points together out of this Text of Rom. 13. is this whosoever hath Authoritie to punish evill-doers without exception of any person and without exception of any cause hath Authoritie over all persons and in all causes aswell Ecclesiasticall as Civill But the Emperor within his Empyre and the King within his Kingdomes hath Authoritie to punish evill-doers without exception of any person and without exception of any cause as is apparant by the Text it selfe wherein no exception is to be found Ergo the Emperor within his Empyre and the King within his kingdomes hath authoritie over all persons and in all causes aswell Ecclesiasticall as Civill 6 But now from this Text of Rom. 13. alledged in the 5. pag. of that first Chapter in my Booke concerning the SUPREMACIE My Adversarie commeth next to the point of Appeales mentioned in the same first Chapter pag. 24. So that he here skippeth over 9. whole leaves together at one leape and I must follow him in his course It is true that in the pag. 24. I said that when Caecilianus Bishop of Carthage was accused by Donatus some other of that saction Constantine the Emperor commanded Caecilianus to come to Rome with a certaine number of Bishops that accused him and by his Commission extant in Eusebius authorized and appointed Miltiad●s the then Bishop of Rome some others with him for the hearing and ending of that matter These Commissioners condemned Donatus who appealed from their sentence to the Emperor which appeale also the Emperor received Where beside that you see that this Christian Emperor made Commissioners in this Episcopall and Ecclesiastical cause observe withall that Miltiades the then Bishop of Rome was one of those Commissoners and there withall you may also note that the Bishops of Rome were then verie clearely subject and not superior to the Emperor So that a Christian King or Prince not onely may make Commissioners in Ecclesiasticall causes but may also have Appeales made unto him as is here apparant To this my Adversarie maketh divers answers First he saith that this instance concerning Appeales maketh more against me then for me because it was an Appeale made by Hereticks viz. the Donatists unto the Emperor But this reason of his maketh more against him then set him For if it were lawfull for Heretickes who thought themselves wronged by the inferior Iudges to appeale to the Emperor no lesse if not much more lawfull was it for the Orthodoxe Bishops if they were wronged to appeale to him And if Constantine that Orthodoxe godly and Christian Emperor thought it lawfull for him as hee did for otherwise hee would never have meddled with it to entertaine and receave an appeale made to him from Heretickes much more would hee have thought it lawfull and meete to receave Appeales from such as were Orthodoxe right true Christians and men for Faith Religion like himselfe But that he may know that not onely heretickes but Orthodoxe Bishops also Athan. Apolog. 2 cap. Quum multas did appeale to the Emperor Let him take for an evident proofe of it the example of Athanasius and of the other Bishops joyned with him who as is before shewed appealed from the Councell of Tyrus Socrat lib. 1. cap. 33. 34. unto the same godly Emperor Constantine which appeale the same Emperor likewise receaved Neyther would Athanasius nor any other good and godly Bishops have appealed unto him if they had not thought it lawful both for them so to doe and for the Emperor also to receive such appeales Neyther did the Donatists appeale onely from Miltiades the Bishop of Rome and those that were joyned with him by Commission from the Emperor But they appealed also from those other Bishops that were afterward assembled at Arle in France for the hearing and ending of the same cause And both these Appeales did the Emperor receive and upon the last appeale he sate himselfe in person and gave Iudgement for Caecilianus against the Donatists whose proceedings and Iudgments upon those appeales S. Augustine disliked not but well liked and allowed alledging them as being substantiall proofes for the Catholickes and lawfull good and effectuall judgements against the Donatists I grant that Constantine was loth at the first to be Iudge in this Episcopall cause in his owne person Aug Epist. 166 and therefore S. Augustine saith Eam discutiendam atque finiendam Episcopis delegavit He delegated and appointed Bishops to discusse and determine it namely Miltiades and his Colleagues Ibidem And when Miltiades and his Colleagues had pronounced Caecilianus innocent and condemned Donatus as Author of the schisme raysed at Carthage Your side saith S. Augustine to the Donatists Ibidem came backe to the Emperor and complayned of the judgement of the Bishops against them The most patient and milde Emperor the second time gave them other Iudges namely the Bishops that met at Arle in France And your men saith he seaking still to the Donatists appealed from the Bishops of Arle also to the Emperors owne person and never left till the Emperor himselfe in person tooke the hearing of the cause betweene them which he did and upon hearing it pronounced Caecilianus innocent and those his accusers Idem Epist. 162 to be malicious wranglers Againe the same S. Angustine saith that the Donatists appealed from Ecclesiasticall judgement to the end that Constantine might heare the cause Whither when they came both parties standing before him Caecilianus was adjudged to be innocent and the Donatists overthrowne To prove this I will further bring you saith S. Augustine the very wordes of Constantine where he witnesseth That upon judiciall hearing of both sides he found Caecilianus to be cleare Yea S. Augustine sheweth further what followed upon this judgement Aug. Epist 166. Then did Constantine saith he make a sharpe law to punish the Donatists his sonnes continued the same Reade vvhat Valentinian reade when you vvill vvhat Gratian and Theodosius Decreed against you Why vvonder you then at the Children of Theodosius as if they had follovved any other president in this cause then the judgement of Constantine vvhich so many Christian Emperors have kept inviolate Though Constantine bee dead yet the judgement of Constantine given against you liveth For vvhen Emperors command that vvhich is good it is Christ and no man else that commandeth by them Thus you see how much this

and confuting the imagination and devise of his owne braine For the affirmative clause in the Oath is not as he imperfectly and lamely relateth it but it is this That the King is the onely Supreme Governor of this Realme and of all other his Highnesse Dominions and Countries aswell in all Spirituall or Ecclesiasticall things or causes as Temporall The negative clause followeth and is this That no forraine Prince Person Prelate State or Potentate hath or ought to have any jurisdiction power superioritie preheminence or authoritie Ecclesiasticall or Spirituall within this Realme This word Onely in the affirmative clause hath he left out which if he had added together with all the rest of the wordes that follow in that affirmative clause he would very easily have found that to be true which I wrote namely that the effect of the negative clause is included in the former affirmative For he that affirmeth the King to be the onely Supreme Governor within his owne Dominions that in all things or causes Spirituall or Ecclesiasticall aswell as temporall doth in that speech exclude every forraine Prince person Prelate State or Potentate from having any supreme governement or any government at all without his leave and licence within his Dominions Yea it is very evident that the former affirmative clause includeth the negative clause and more For the negative clause excludeth forrain Princes persons Prelates States Potētates only from Ecclesiasticall or Spirituall Authoritie but the former affirmative excludeth them from authoritie in all things or causes both temporall spirituall Againe you see that the negative clause extendeth onely to forraine persons but the affirmative clause extendeth to any persons whosoever whether forraine or domesticall Thirdly the negative clause excludeth forraine persons from having any jurisdiction power superioritie preheminence or Authoritie Ecclesiasticall or spirituall within this Realme But the former affirmative clause extendeth not only to this Realme or that Realme in particular but generally to all his Majesties Realms Dominiōs Countries So that the former affirmative clause in the Oath appeareth to be much more generall and of a farre larger extent then the negative is And therefore I hope I spake truely and within compasse when I said though in a parenthesis that the effect of the negative clause was included in the former affirmative I did not say as mine Adversarie supposeth me to hold that the Regall power includeth the Sacerdotall or Episcopall This is but his owne dreame imagination in the confutation whereof he laboureth in vaine For neyther I nor any of the Protestants doe hold that opinion but contrariewise doe hold them to be things distinct as is before declared But because he will needes carpe at my Logicke when he hath no cause let other men judge what a great Logician he is whilst he argueth thus The Regall power includeth not the Sacerdotall Ergo the affirmative clause in the Oath of SUPREMACIE includeth not the negative clause in the same Oath Hitherto then you see that my Adversarie notwithstanding all his storishes braggs and bravadoes hath shewed himselfe to be not onely a punie Lawyer as he confesseth himselfe to be but a punie Logician also most of all a punie Divine and that he hath not beene able to make any good Answere or to refell and confute any one Argument contayned in this first Chapter of my former Booke concerning the Supremacie and yet hath he also left a great part of that Chapter unanswered Neyther hath he made throughout his whole discourse and pleading so much as one good argument to prove his Clients cause that is the Popes supremacie though he purposed and laboured to doe it Where is it not a mervaile that he being a Lawyer and a Subject to our Soveraigne Lord the KING will date neverthelesse admitte of such a Client as the Pope is and of his cause which he knoweth before hand to be condemned by the Lawes and Statutes of the Realme and which he now may see if hee saw it not before to be also condemned by the Lawes and Statutes of God himselfe and by all the most ancient Ecclesiasticall Records But if hee be not ashamed of such a Client and his cause his Client I suppose will be ashamed of him and entertaine him no longer to pleade for him unlesse he could doe it better And yet indeede when his Clients cause is foule naught as here it appeareth to be what Lawyer be he never so learned or what Divine be hee never so profound is able to justifie it or to make it good Notwithstanding his demurrer therefore and notwithstanding that by this his plea his purpose was to arrest and stay mens judgements I trust they will all now no cause appearing to the contrarie proceede without any further delay to give their sentence against his Client for in the behalfe of these two most worthy Peerles Princes who be the complaynants against him namely for Christ IESVS in their acknowledging and publishing him onely to be the onely universall Bishop supreme Pastor and head of the whole Church Militant upon Earth aswell as of the Triumphant in Heaven and for the King in declaring and publishing him under God to be the onely Supreme Governor over all manner of persons and in all kinde of causes aswell Ecclesiasticall as Civill within his Dominions Neyther doe I doubt but all mens judgements whensoever upon good and well advised deliberation they shall please to give them will passe accordingly In the meane time let us goe one to the second Chapter see if he have any better successe in that then he hath found in the former Concerning the second Chapter IN this second Chapter of my former Booke my Adversarie supposeth that my maine scope and purpose was to prove our Church that is the Church of the Protestants to have beene in the Apostles times But never was there saith he poore Assertion so miserably mangled And true it is indeede that it is miserably mangled and cut in pieces But by whom namely by himselfe For my Assertion is not so short as he relateth it nor is to end where he maketh it to end but is of a longer and larger extent and being produced not by parts or pieces but wholy and intirely as it ought it is this viz. That our Church was in the Apostles dayes and in all times and ages since howsoever or notwitstanding that Poperie did as an infection or corruption grow unto it the meaning true sence whereof is no more but that the growing of Poperie it being but as an infection or corruption to the Church is no impediment or argument to the contrarie but that our Church had a being in the Apostles dayes and in all succeeding times and ages that notwithstanding This will the better appeare if you take the whole Proposition or assertion and turne it into a Question For then the Question will not be as mine Adversary maketh it viz.