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A21070 The application of the lavves of England for Catholike priesthood and the Sacrifice of the Masse. Directed to the lords of his Maiesties most honourable priuie counsell, iudges, iustices, and other studients of the law. Pendryck, William, 1583-1650. 1623 (1623) STC 7435; ESTC S117587 48,936 110

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therefore after a more then ordinary manner appropriate them selues to your iudgment An exposition of certaine difficult obscure words termes of the lawes of this Realme printed A 1602 Fol 25. Fol 26. For if I mistake not but do rightly informe my selfe from your booke of The termes of the law your procedings in case of Attainder are threefold as by Outlary where the partie doth not appeare to answere the law by Verdict which is the triall of honest Iurors vpon his appearing to answere the law and by Confession which is the parties owne acknowledgement of his offence Also in case of Title to temperall possessions there be certaine receaued grounds in your law of great force to demōstrate the right as faire ancient vnsuspected Euidence the Testimony of credible witnesses and euen Praescription it selfe where of no memory occurreth to the contrary In so much as by the statute of Limitation no man is inhabled to commence prosecute suite Fol. 140 for any landes whereof him selfe or his Ancestors haue not bene before seised within a certaine time in that behalfe limited The only Priority of possession receiuing also this fauour in your law that to the partie disseised of such his possession you afford speciall remedy by VVritt of Assise Fol 24. Fol. 47. Fol. 47. allowing him also the benefit of his Continuall Claime to preuent Descent vpō the other parties dying seised Moreouer where the letter of your Statute law appeareth to be in some cases doubtfull you are reported to hold that sense and vnderstanding thereof for most reasonable which is found most agreable with the knowne answerable Practise of ensewing times Besides all this there are established with you for the finall ending of all arising cōtrouersies High cours of Iudgment to giue definitiue sentence and the same so giuē not by the law it selfe but by your selues placed as Iudges to pronounce determine what is the law Against which sentence so once orderly giuen No VVritt of errour or Appeale lieth Fol. 82. whereby to support the partie so cōuicted in the farther humor of his vnsatisfied and endles contention Of all which I haue informed my self partly from your foresaid booke of the Termes of the law and some by conference with others So as I am to craue pardon if exceeding herein the boldnesse of my profession I haue mistaken or not dewly obserued the apte proprietie of wordes retaining yet I hope the substance of the matter And for as much as these your ciuill obseruations prescribed for the inquiry setting forth of right are in themselues no other then as liuely resemblances imitations of those maine grounds which facred Theologie affordeth to the demonstration of Truth I am now likewise to craue further leaue to entreate you of your serious retired view of your leasurable Iudicious and graue considerations of this our short Application of some principall parts thereof to the like answerable grounds and principles so plentifully abounding in proofe of our Catholike Religion But least I should be tedions to your honors attention I will but set downe one point for the which Catholikes are so often commanded to appeare before your honors to answere to the law are dailie deiected disgraced Impouerished The point is knowne to you all to witt for entertaining of Massing Priests SECTION II. A verdict consisting of twelue generall Councels al of them being within the first foure hundred od yeares after our Sauiour Christ FIrst therfore concerning your proceeding by Iurors if that may be esteemed to be a true Verdict which is so by such giuen you haue then here the same giuen in the fore said point which might be giuen in other points likewise of our Catholike Faith by the Ancient Fathers who being assembled in Generall Councells Synodes sworne vpon the perill of their soules haue in this other many speciall cases directly found for vs. to that effect that those of our Iury may be the lesse suspected of you we will bring them of the first 400. yeares after Christ the which Ages euen your owne Doctors being Iudges were freest from all corruption alteratiō of the true Religiō Faith deliuered by the Apostles D. Fulke in his Answere to a counterfaite Catholike pag. 36. saith The Religion of the Papistes came in preuailed the yeare of God Anno 607 in the which time saith he The Reuelation of Antichrist with the Church fled in to the wildernesse to witt in A o. 607. And Simō de Voyō one of your Protestāte Doctors Simō de Voyō in his epist to the Reader in his discourse vpon the Catalogue of Doctors in the Epistle to the Reader post medium affirmeth that Anno 605. VVhen Pope Boniface was enstalled in the Papall throne Powell pa. 105 then falshood gott the victory And Mr. Gabriel Powell in his Considerations of the Papists reasons saith I grant that from the yeare of Christ 605. The professant Companie of Poperie hath bene very visible and perspicuous Perkins 307. And Mr. Perkins in his exposition of the Creed affirmeth That during the space of 900. yeares the Popish heresie hath spread it selfe ouer the whole earth Whit. p. 35. And Mr. Whitaker de Antichristo contra Sanderum saith During all that time to witt of 600. yeares The Church was pure and flourishing and inuiolably taught defended the faith deliuered from the Apostles And the like acknowledgement is made by many other learned Protestants which were tedions to your honors In his booke of Institut set out in frēch printed at Geneua 1562. to sett downe in this our short Application Only we will conclude which Caluine your cheife man who albeit he doth not graunt the florishing estate of the Romane Church the full space of the first 600. yeares after Christ yet doth acknowledge that no chāge of Faith was made vntill the times of S. Augustine Epiphanius Optatus c. which was for 440. yeares after Christ These be his owne wordes in his booke of Institutions set forth in French It was athing saith he notorions without doubt that after the Apostles age vntil those times no change was made in doctrine neither at Rome nor at other citties Thus Caluine Therefore hauing freed our iury from all suspition euen our enemies being our Iudges Whitg in his defence p. 330. we wil place as Fore-man of our Iury that notable and famous Councell of Nice the which saith Mr. Whitgift a protestante writer is of al wise learned men reuerenced esteemed embraced next vnto the Scriptures themselues The 1. Coūcell of Nice can 3. This Councell was celebrated the yeare of Christ 325. at the which was present 318. Bishops who did decree that Priests that did say Masse offer sacrifice It is not let at liberty to marry because exception is taken at women but the mother etc should not keepe cōpanie with any womā
Vatinian hatred wherwith preiudice of opinion hath so strongly possessed our Aduersaries against our Church Religion that not discerning themselues able to iustifie their owne Church in accomplishment hitherto of those praedictions which are fore told of Christs true Church many and not the meanest of them yea rather then they would yeald to preserue in this common danger their Christian profession by acknowledgment of our Catholike Church in which the said praedictions are most clearly accomplished haue finally ô tempora ô mores betaken themselues to most dreadfull Apostasy Therefore we appeale to your graue Iudgemente and serious considerations if this solate entry since King Henry the 8. time only made by our aduersaries at their owne hand on this our possession be not against all course of law and they conuict of secret and stolne Disseisnie And thus much briefly concerning Continuall Claime SECTION VIII OF THE DOVBTFVLNESSE of the statute law MOREOVER if where the letter of your Statute law appeareth to be in some cases doubtfull you hould that sense and vnderstanding therof for most reasonable which is found most agreable with the knowne answerable practise of the ensuing times Then your Wisdomes shall find the doubtfull letter whether of scripture or of certaine obscure sayings of the Fathers made plaine on our part by the answerable practise of all succeeding times concerning this pointe of Catholike Priesthood and other points of our forsaid Catholike doctrine by consent of Councells iudgment of Fathers and confession of our aduersaries as hath bene most plainly heretofore throughout demonstrated For what fairer euidences can be desired then the consent of 18. Generall Councells viz of Nice vnder Pope Siluester about the yeare 325. at the which were present 318. Bishops Of Constantinople the first vnder Pope Damasus in the yeare 384. Of Ephesus the first vnder Pope Caelestine about the yeare 434. at the which were present 220 Prelates Of Calcedon vnder Pope Leo the great about the yeare 454. at which were present 630. Bishops Of Constantinople in the yeare 553. ended vnder Pope Vigilio at which were present 165. Bishops Of Constantinople the 3. in the yeare 681. vnder Pope Agathon being there present 290. Bishops Of Nice the 2. vnder Pope Adrian in the yeare 781. there being present 370. Bishops Of Constantinople the 4. in the yeare 819. vnder Pope Adrian the 2. at which were present 375. Bishops Of Lateran the first vnder Pope Calist the 2. in the yeare 1119. at which were present ●●00 Bishops The 3. Councell of Lateran vnder Alexander the 3. in the yeare 1180. there being present 300. Bishops The 4. Councell of Lateran vnder Pope Innocent 3. in the yeare 1215. in which were present 1200. Bishops The first Coūcell of Lions vnder Innocent 4 in the yeare 1245. at which were present 140. Bishops The 2. Councell of Lions in the yeare 1274. vnder Pope Greg. the 10. being present there 700. Bishops The Councell of Vienna vnder Clement the 5. in the yeare 1311. there being present 300. Bishops The Councell of Florence vnder Eugenius the 4. in the yeare 1459. there being present 141. Bishops The 5. Councell of Lateran vnder Pope Leo the 10. in the yeare 1517. being present 114. Bishops The Councell of Trent in the yeare 1545. vnder Paul the 3. and continued vnder Iulius the 4. Marcellus the 2. and Paull the 4. and finished vnder Pius the 4. in the yeare 1563. These be all Generall and approued Councells one succeeding another from age to age Neither were there wanting throughout all these Centuries of yeares Fathers Doctors who did maintaine this our Catholike doctrine For in the 1 Century were Martiall Denis of Areopag who were in the first hundred yeares after Christ In the 2. Centurie Ignatius Policarpus Iustinus Irenaeus In the 3. Cent. were Clemens Alex Cyprianus Arnobius In the 4. Cent. Lactantius Victor Afer Hilarins Athanasius Cyrillus Basilius Epiphanius Gregorius Niss Gregorius Nazian Optatus Ambros Ruffinus In the 5. Cent. were Chrysostomus Hieronimus Augustinus Paulinus Cassianus Theodoretus Chrysologus Hilarius Leo Magnus Prosper Fulgentius In the 6. Cent. were Eusebius Emiss Cassiodorus Climacus Gregorius Turonensis Euagarius Gregorius Magnus In the 7. Cent. Leontius Sophronius Isidorus Hispal Leander Branlius Hildephonsus In the 8. Cent Venerabilis Beda Ioannes Damascenus Paulus Diaconus Alcuinus Vsuardus Paulinus Aquiliensis In the 9. Cent. Haymo Rabanus Ioannes Diaconus Theophilactus Anastasius Hincmarus In the 10. Cent. Odo cluniac Ado Viennensis Lintprandus Radulphus Rathodius Abbas Floriacensis In the 11. Cent Petrus Damianus Humbertus Lanfrancus Anselmus Algerus Oecumen Bruno Iuo In the 12. Cent. cedrenus Rupertus Bernardus Euthymius Gratianus Richardus de S. Victore In the 13. Cent. caesarius Alexander de Hales Albertus Thomas Aquinas cantipratensis Durandus Scotus Bonauentura In the 14. Cent. Nicephorus Paludanus Aureolus Occam Lyranus In the 15. Cent. Thomas de Kemp Laur. Iustinianus Bernardinns Bessarius Tostanis In the 16. Cent Ioannes Eccius Thomas Morus Roffensis A castro Sanderus Hosius Alanus Driedo Baronius Bellarminus Suarez Salmeron and many others by the testimonies of these Fathers renowned for their vertue pietie learning throughout all the world euen our aduersaries being Iudges their workes bearing witnesse you shall find the doubtfull letter of Scripture or of certaine obscure sayings of some Fathers made plaine by the answerable practise of all these precedent ages concerning this point of Cath. Priesthood yea they being Priests thēselues Now as Tertullian lib. praescr adu haeres confingant tale quid haeretici Let heretiques deuise such a prooffe SECTION IX OF HIGH COVRTES of Iudgment BESIDES all this there are established with you for the finall ending of all arising controuersies suites of law high Courts of Iudgmēt parliamēt to giue definitine sentence and thesame so giuen not by the law it selfe but by your selues placed as Iudges to pronounce determine what is the law against which sentence so once orderly giuen in your highest court of Iudgement perliament no writt of errour or appeale lieth wherby to support the partie so conuicted in the further humor of his vnsatisfied endlesse contention Therfore if high Courtes perliament be authenticall and of so much credit with you then you shall find on our behalf so many generall Councells iudgemente of Fathers euen in the time of the primitiue Church concerning this point of Catholike Priesthood other points of controuersie pronunced and determined against Nouellists and heretikes of those ancient times S. Ambrose witnesseth of the Nouatians Lib. 1. de Paen. cap. 2. who denied that Priests could remit sinnes And S. Augustine of Aerius for denying the sacrifice of the Eucharist for the dead Haer. 53. For the which D. Field a Protestant diuine saith Field of the Chur. l. 3. c. 29. pag. 138. that Aerius was iustly condemned All these twelue Councells before alleaged by vs in setting downe of our Iury are most plaine in this point
that we may say with S. Hierome Epist ad Paulinum Sola Scriptura ars est quam sibi passim omnes vendicant hanc garrula anus hanc delirus senex hanc Sophista verbosus hanc vniuersi praesumunt lacerant docent antequam discant The Scripture only is an arte or sciēce which euery one challengeth to themselues this the chatting old wife this the doting oldman this the prating Sophister this euery body presumes rent teach before they learne Againe writing against the Luciferians tom 3. he saith Nec sibi blandiantur si de scripturarum capitulis videntur sibi affimare quod dicunt cum Diabolus de Scripturis aliqua sit locutus scripturae non in legendo sed intelligendo consistant Neither is this different from the publike doctrine thus decreed in the 20. article of their Religion The Church say they hath power to decree rites or ceremonies authority in controuersies of Faith I appeale therfore to your learned Iudgemente that if your temporall high Courte parliamēte be of such force that men are to rest rely on the Iudgement giuen and sentence once pronounced our spirituall high Courts of Generall Nationall and Prouinciall Councells vnitie of the Church and consent of the Fathers be any waies inferiour to your temporall high courts and to haue no authority no force to giue out Iudgment pronounce sentence and decide controuersies so that no writ of errour or appeale lieth wherby to support the party so conuicted in the further humor of his vnsatisfied endlesse contention And to omit much other correspondence that may be alleaged and applied euen to your owne principles not to seeme offensiue or tedious we will here briefly insinuate some other proofes of no lesse force then the precedents SECTION X. OTHER PROOFES VOVCHsafe therfore Graue learned to adde vnto that which hath bene spoken the answerable doctrine of these religious ancient Iewes who liued before Christs coming foretelling writing by speciall instinct concerning our Cath. Church and B. Sacrifice commonly termed the Masse that so plainly that as Galatinus a learned catholike in his arcanis Catholicae veritatis lib. 2. cap. 3. affirmeth they may be thought not so much to haue foretould things to come as to haue reported Euangelicall things already done To this end saith Rabbi Cahana The Sacrifice Rabbi Cahana ad cap. 49. Gen. Vers 2. which shal be offered of wine shall not only be changed into the substance of the blood of the Messias but also into the substance of his body The Sacrifice which shal be of bread notwithstanding that it be white as milke shal be conuerted into the substance of the body of the Messias Rabbi Iudas In like manner Rabbi Iudas in 23. Exod. saith The bread shal be changed when it shal be sacrificed from the substance of bread in to the substance of the body of the Messias who shall descend from heauen he himself shal be the sacrifice Rabbi Simeon Rabbi Simeon saith in libro de reuelatione secretorum The Sacrifice which after the Messias his comming Priests shall make c. they shall make it of bread wine c. and that sacrifice which shal be celebrated vpon euery altar shal be turned into the body of the Messias Rabbi Barachias in Ecclesiast Rabbi Barach teacheth that at the comming of the Messias food shall come from heauen litle a like cake This same is affirmed by Rabbi Ionathas lib. collect in Psal 72. Rabbi Ionathas Rabbi Moses and Rabbi Hardarsan in Psal 136. also by others alleadged by Petrus Galatinus de arcanis Catholicae veritatis These Rabbines affirme likewise that Melchisedechs offering of bread wine in sacrifice was a prefiguration of that Sacrifice which was to be offered after the Messias his comming So Rabbi Samuel in Bereschith in cap. 14. Rabbi Samuel Genes auerreth saying Mechisedech set forth the actes of Priesthood for he sacrificed bread wine to the Holy God Rabbi Phinees Rabbi Phinees ibidem saith In the time of the Messias all sacrifice shall cease but the sacrifice of bread and wine shall not cease c. As it is sayd Psal 110. Thou art a Priest for euer according to the Order of Melchisedech Thesame affirmeth Rabbi Moyses Hardarsan ibid. in cap. 14. Genes This point is so euident in the old Iewish Rabbins that Theodorus Bibliander a Protestant of great fame lib. 2. de SS Trinit pag. 89. doubted not accordingly to confesse thesame In so much also as the ancient Fathers of the primitiue Church are likewise by our learned aduersaries as Mr. Fulk against Heskins pag. 99. Andreas Crastonius de opific. Missae lib. 1. pag. 28. sect 66. confessed to haue belieued accordingly the foresaid sacrifice of Melchisedech Neither are the Prophets wanting in this point foretelling a Priesthood and sacrifice and thesame not the offering vpon the Crosse which is now an acte of Sacrifice transitory past but to continue for euer and not in bloudy manner but according to the order of Melchisedech Psal 10. Malach. ca. 1.10 So the Prophet Malachy fore shewing the reiecting of the Legall Priesthood sacrifice foretelleth of the now Sacrifice of the Christian Gentiles to succeed which he termeth a cleane Oblation which is the Sacrifice of the Masse The Prophet Daniell fore shewing likewise the end of the world Antichrists comming Dan. ca. 12.11 foretelleth in like manner that as then the daily Sacrifice shal be taken away which one Sacrifice cannot be vnderstood of the many spirituall sacrifices of praier thankesgiuing for that Antichrists persecution shall rather increase then take these away Neither can Malachies prediction of that one Oblation be taken to signifie those said spirituall sacrifices because that they are many and but improperly called Sacrifices or were not new or peculiar only to the Gentills but were also belonging to those of the old Testament no lesse then now are to vs Adoration inuocation Psalmes Festiuall daies fasting almes deedes the like The Prophet Isay foretelling the Ecclesiasticall Ministers of the new Testament termeth them Priests which hath relation to a sacrifice More ouer the wordes of the Euangelist Matth. 26.28 Mar 14.24 Luk 22.19.20 And of S. Paul 1. Cor. 11.24 are literally answerable hereunto saying not that which shal be giuen or offered but which is giuen and not to you but for you the Greeke being the present tense in all the Euangelists and in S. Pauls epist speaking of the body and in S. Luke also in the Latine our aduersaries thēselues so put it in their translations Heb. 13.10 The Apostle to his effect called our table 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an Altar for sacrifice Ignat. A word vsed by S. Ignatius the Apostles vndoubted Scoller in his Epist ad Philadelp by Nazianzenus Nazian in oratione pro Gorgonia By Chrysostome Chryso in demonstrat quod Christus sit Deus