Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	egypt_n	famine_n	pharaoh_n	1,741	5	10.4102	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A67437	The history & vindication of the loyal formulary, or Irish remonstrance ... received by His Majesty anno 1661 ... in several treatises : with a true account and full discussion of the delusory Irish remonstrance and other papers framed and insisted on by the National Congregation at Dublin, anno 1666, and presented to ... the Duke of Ormond, but rejected by His Grace : to which are added three appendixes, whereof the last contains the Marquess of Ormond ... letter of the second of December, 1650 : in answer to both the declaration and excommunication of the bishops, &c. at Jamestown / the author, Father Peter Walsh ...	Walsh, Peter, 1618?-1688.; Ormonde, James Butler, Duke of, 1610-1688. Articles of peace.; Rothe, David, 1573-1650. Queries concerning the lawfulnesse of the present cessation.	1673 (1673)	Wing W634; ESTC R13539	1,444,938	1,122

wilfully blind even in this particular we now handle And so I have done with the Procurators first answer to their fourth ground LXII His second answer to this same 4. ground was That granting the Remonstrance had either in that perclose or some other part even formally and by express words declared against all pretences whatsoever of any such thing as Ecclesiastical Immunity or Exemption of the persons of Clergiemen from the supream civil or temporal coercive power of the Prince or Magistrate provided still it did not declare as verily it does not against that which is indeed the real true and well grounded exemption of Clergiemen from inferiour civil Judicatories according to the respective civil laws or customs of several Kingdoms and as farre as the respective laws or customs do allow such exemption from such inferiour Judicatories yet neither the Divines of Lovaine nor any other could justly censure it therefore And the Procuratours reason for this second answer which he gave ex superabundanti was first in general that he defied those of Lovaine or any other Divine or Canonist in the world to shew any law Divine either positive or natural or any law human either civil or ecclesiastical for such exemption or which is the same thing to shew any one text of holy Scripture or any one tenet of Apostolick tradition or any Canon at all of the Catholique Church or even as much as any kind of passage out of the civil law of Emperours nay as much as any one convincing or even probable argument of natural reason to prove a power in the Pope or Church to exempt Clergiemen from the cognizance and coercion of the supream civil Prince or laws under which they live as Citizens or Subjects or live as at least reputed Citizens or Subjects And secondly his reason also in general for it was that on the contrary he durst undertake against the Divines of Lovaine to prove there is no such exemption nor can be and with much evidence to prove this even by clear express texts of holy Scripture in that sense the holy Fathers generally understood such texts even for a whole thousand of years But not content with these two general reasons given for that his second answer to the fourth ground of the Lovaine censure the Procuratour descended often to particular proofs of each Which I think not unworthy my pains and your patience good Reader to give at length here Protesting nevertheless that I have no design at all to lessen the priviledges Immunity or Exemption of the Sacred Ministers of God but onely to oppose the unlawful extension of it and erroneous doctrine of some Divines in this point or that which they teach of Ecclesiastical Immunity or Exemption from the supream civil coercive power against all the known laws of God LXIII And therefore and for what concerns any Divine law positive or command of God expresly either formally or virtually delivered us by Revelation and this Revelation made known unto us either by holy Scripture or by Tradition for such command it is that all Divines call the Positive law of God as it is distinguish'd from that other which they also call in opposition to this the law divine natural or as others call it the law of nature only without further addition being nothing els but one of those commanding dictats of meer natural reason which natural reason consequently such dictats thereof God hath given the Soul every man generally from his birth by the very condition of his being a man and of having his organs rightly disposed and therefore is called the law divine natural I say that for what concerns any positive law of God revealed in holy Scripture the case is clear enough even by the concession of Bellarmine himself De Clericis l. 1. cap. 28. where he confesses plainly in the proofs of his fift Proposition That there is not in holy Scriptures any precept or command properly such for the exemption of Clergiemen either as to their goods or as to their persons in publick matters that is in temporal civil or worldly affairs from the civil Magistrate And he means too by the civil Magistrate here not onely the supream civil Magistrate but even all subordinate inferiour Magistrates And confesses further though even for the matter in plain contradiction to his own Thesis immediately before that is to his said fift proposition there are onely in the old Testament some testimonies or some examples out of which per quandam similitudinem as he speaks by some kind of similitude one may deduce the exemption of Clergie-men as of Divine Right or that God is pleased they should be so exempted labouring by this vain explication to reconcile the Catholick Divines and the Canonists those maintaining very truly and learnedly that the exemption of Clerks such as it is is onely by meer humane right or law and these no less falsely and ungroundedly that it is de jure divin● And I say That whether Bellarmine had so confessed or no the case is clear enough still if we but consider those very testimonies and examples of Bellarmine or by him or others alleadged either out of the old Testament or out of the new The first of those Testimonies or examples out of the old Testament is that in 40. of Genesis 22. and 26. verse wherein we find that in the general famine and sale which by occasion thereof was made by all the people of Egypt and of all their lands cattle and even bodies for ever to Pharao and for bread to relieve themselves Ioseph exempted those Idolatrous Priests of Egypt from that slavery of either bodies or lands gave them corn gratis out of the Royal granaries and would not after subject as much as their lands to the condition of others which was to pay the King a fift part for ever of the encrease or fruit of their lands The second example is out of 1. Esdras cap. 7. verse 24. where it is read that King Artaxerxes commanded his Treasurers beyond the river as before 21. verse not to sess the Priests or other Ministers of the Temple at Ierusalem with any taxes c. We do you also to understand concerning all the Priests and Levites and the singers and the porters the Nathineits and Ministers of the house of this God that you have no authority to put tole and tribute and yearly rents upon them The third example or testimony is out of Leviticus 3. chap. where God himself commands Moyses to bestow on Aaron the high Priest and on his Sons the other Priests and to give them as a gift for ever all the Levits or children of Levy And God himself further expresly declares twice verse the 12. and 45 that the Levits were and should be his own mei sunt and mei erunt And these are all that Bellarmine alleadges out of the old Testament though he troubles not himself so much as to deduce them at length

as I have done here but only quotes the books and chapters especially for the two former Which yet is not his custom when he finds the places home to his purpose As for that no less unconcluding and that too but onely one out of the new Testament you have it in the 17th of Matthew verse 23.24.25 and 26. where it is related that our Saviour being at Capern●●m and the tribute gatherers demanding of Peter whether his Master would pay the tribute money or didrachma and Peter having answered yes our Saviour presently knowing of the matter and preventing Peter and questioning him in this manner what thinkest thou Simon of whom do the Kings of the earth take custom or tribute of their own children or of strangers and Peter answering of strangers our Saviour inferr'd instantly Ergo liberi sunt filij Then are the children free Adding further thus notwithstanding least we should offend them or give them cause to be scandalized at us go thou to the Sea and cast a hook and take that fish which shall first come up and when thou hast opened his mouth thou shalt find a stater that take and give it them for me and thee Of all these examples and places of Scripture Bellarmine frames his first proof to inferre his foresaid Thesis or fift proposition which is That the exemption of Clerks in all politick or civil affairs and as well of their persons as of their goods from all even the most supream temporal Magistrate for that too he means all along was introduced amongst Christians for this also was and must have been his purpose both by divine and humane law And for humane law he supposed that proved before as himself notes and alleadges these Scripture examples and passages to prove onely that his fift proposition for what concerns divine right or divine law Notwithstanding all which I say the case is clear enough still if we but consider these very testimonies passages either out of the old or out of the new or out of both Testaments For whatever may be alleadged pretended or inferr'd though nothing can be but with very little colour out of any or even all these places taken together for the exemption of the lands goods or persons of Clergiemen from paying tribute customs polemony or other taxes whatsoever yet I am perswaded that no rational man much less any consciencious able Divine can be so blind as not to see the unsignificancy of these Scripture testimonies or examples to prove the persons of Clergiemen exempt in criminal causes by divine right and by the positive law of God from the supream civil coercive power Which onely is that I dispute here with Cardinal Bellarmine or rather with his disciples or defenders in this particular controversy the Divines of Lovain And I am perswaded so 1. Because that of the Egyptian Priests signifies no kind of exemption of their persons from laye Indicatories not even from such as are inferiour and subordinate onely nor in any causes whatsoever either criminal or civil or mixt of both Nor signifies as much as the exemption of their lands or goods from all kind of tax●● or from any at all but onely from the forfeiture or sale of their lands or from paying a fift part of the increase And this exemption too from such forfeiture sale or fift part not to have been made by any positive law of God but by the laws of man that is of Ioseph or Pharao 2. Because That of Artaxerxes concerning the Mosaycal Clergie at Ierusalem signifies no more but that Kings command to his own inferiour officers not to laye any imposition of toll taxes c. on them but not a word that himself had no power to taxe them much less any syllable which might import that those Ministers of that holy Temple were exempt either in other civil or criminal causes from his own cognizance or punishment or even from that of his inferiour subordinate civil Judges or from the Lieutenant that govern'd Palestine under him Besides we know the positive law of Artaxerxes cannot be said to be the positive law of God 3. Because that of Leviticus though confessedly sometime the positive law of God signifies no more also but that the whole tribe of Levi were put under the subordinate care and jurisdiction of Aaron and of his Sons the Priests and of their successors and onely as to the Ministery of the Tabernacle whereof he had charge according to what was expresly decreed in all such particulars by God himself in the law given by him to Moyses and rest of Israels descendants Not a word at all exempting either Levits or Priests or as much as the High Priest himself in other affairs or in either criminal or civil matters from the supream civil Temporal or politick Iurisdiction of Moyses or other succeeding Generals Judges or Kings nor as much as exempting them from tribute or taxe or other imposition if at any time the necessities of their countrey or people or weal publick or kingdom were such as the supream civil Governours should judge it necessary to taxe them proportionably for the publick good or safety as well of themselves as of all the other tribes It is true that although not here yet elswhere God left the tribe of Levi exempted from being bound to be listed for War Nay expresly ordained Numb 1.49 that they should not be listed so but should be exempted from that charge or duty as being there appointed for and applyed wholly to an other special duty that is to carry still and serve and keep and watch the tabernacle which could not well consist nor at all with that of warfaring But what hath this particular exemption from one onely duty to do with a general exemption from all other civil duties whatsoever and from the very supream power it self which was to take care that this duty also as well as others should be discharged Those amongst the Romans who by the laws were priviledged not to serve in the warrs were they exempted therefore in all other matters from the supream power of the state or Empire or exempted generally from the supream Coercive power in criminal causes or must Bellarmine abuse his Reader with such quotations and such implyed but unconcluding arguments Nor certainly does that iterated expression of God in that place of Leviticus or elswhere mei sunt they are mine import any more then a special designation of that tribe for that most special Service of His about the tabernacle For he hath often elswhere in holy Scripture said of all the twelve tribes together that they were his own chosen peculiar people And yet never mean'd to exempt them thereby nor by any other expression from the power of their earthly either supream or subordinate Governours or exempt them at all from such power in either civil or criminal matters or in any whatsoever but in such religious matters onely as himself expresly had reserved for the

what power he determined it I would I say advertise here such of my Readers that not only not Bellarmine himself but no other whom I could hitherto meet or read hath brought us yet any proof even of this very latter part of his said confident assertion for his voluit that is I mean for as much a● any one Popes having by his own papal Power or pretence of such power de facto already whether right or wrong exempted so all Clergiemen from the supream temporal Magistrats in all civil and criminal causes whatsoever or as much as declared them exempted so by any law of God and for any Popes having done or willed so expresly or clearly and indubitably on the very question either by decretal Epistle or by Bull or other Constitution whatsoever defining the case and commanding all Christians or Catholick Churches to believe this Exemption in Bellarmines latitude as given so nay or even as granted by any power or law whatsoever ecclesiastical or civil That Bellarmine hath brought no such proof the matter is clear enough being he alledgeth no more to this purpose for either part but those sayings or decrees of Cajus Marcelline Gregory the Great Symmachus Iohn the VIII and both the Innocents all and every of which I have already answered as they occurr'd in their proper places and shewed that none of them is home enough to this purpose Beside that I have proved some of them either suppositicious or corrupt and others to no purpose at all either this we have here or that for which they were brought there where I treated them And that no other Doctors Canonists or Divines of Bellarmine's way have better arguments for his said voluit or that imported by it any one may perswade himself that please to read them where they of purpose treat the matter of Ecclesiastical liberty and yet more especially where they dispute of the several Excommunications in Bulla caenae pronounced at Rome yearly and with so much solemnity by the Popes against all infringers whatsoever even Princes Kings and Emperours of the said Ecclesiastical liberty Wherein yet the Reader will find no other of any Pope's having so by himself and by his own power exempted Clerks or having declared them so exempted by the law of God but either some of those I have already answered or some other as little pertinent if not far yet more impertinent some of them then some of these I have already given Ioannes Azorius's Martinus Bonacina's collections of such arguments or canons of Popes alledged by them and others to this purpose may serve to judge by of all For I have diligently observed all the chapters of the canon law whereunto they remit us for proof that by the canon law Clerks are so exempted Azor hath them in his fifth book of his moral Institutions cap. 12. And Bonacina who was a professed Canonist a Doctor V. I. as well as of Divinity and who seeks no other rule of truth or justice in any matter but some kind of meer papal determination hath also quoted them in several parts of his moral Theology as de Legibus d. 1. q. 1. pu 6. n. 29. and in oct decalog praeceptum and de Restit disp 2. q. 9. pu 2. and de contrac d. 4. q. 2. pu 1. Parag. 1. finally Bullae caenae d. 1. q. 19. pu 2. And yet besides those texts I have treated already I find no other but cap. non minus de Immunitate Ecclesiae cap. Adversus cod tit cap. Clericis de Immunîtate Ecclesiarum in Sexto cap. Ecclesia sanctae mariae de constitutionibus and cap. seculares de foro competenti in Sexto But none of all these canons have any such matter at all as a clear express and formal nay or as much as a virtual diffinition of the Popes in the point or as to the case of the persons of Clerks being so exempted by the Pope himself or being so declared by him to have been formerly exempted by the law of God from all even supream civil power in all cases or even in any temporal cause whatsoever criminal or civil For besides that some of these canons are not sole and mee● papal canons out of General Councils also or of Councils at least reputed General and consequently no proofs of the Popes having by his own sole authority willed so or exempted so the Clerks or declared them formerly exempted so by the law of God it is clear enough 1. That cap. Non minus de Immunitate Ecelesia which is taken out of the nineteenth Chapter of the third General Council of Later●n held under Alexander the Third Pope of that name and Frederick the Second Emperour and as such inserted by Gregory the Ninth into his Decretals speaks only against such particular Consuls and Rectors of Cities as contrary to both the civil laws and customs received amongst Christians oppressed the church-Church-lands and Church-men by laying more grievous taxes on them then Pharaoh did on the Children of Israel and besides did wholy evacuat the jurisdiction of Bishops and only decrees by this canon as by a canon of Discipline for such only it was that such oppressors should be excommunicated Where you see there is not a word to our purpose For who doubts but the Fathers of this Lateran Council or even the Pope alone might justly complain of and decree against such oppressors notwithstanding the perfect entire subjection of all both Clerks and Bishops in all criminal causes and even of the Church-lands too in other matters to the supream civil Power They might have excommunicated such Consuls and Rectors for oppressing only the Laicks against the civil laws and customs or otherwise against justice 2. That cap. Adversus eod tit which is also not a meer or only papal Constitution but according to the Decretals of another General Council that is of the Fourth of Lateran under Innocent the Third and the 46. constitution of those of this Council if indeed the printed Acts or Canons of this Council be true ones or be the canons of this Council or if indeed this Council made any canons at all and how ever it be is but as the former a canon of Discipline only That I say this cap. Adversus as inserted by Gregory the Ninth in his Decretals and under the above title de Immunitam Ecclesiarum l. 3. tit 49. declares no more but that the said Fourth Lateran Council prohibited likewise the particular Consuls and Rectors of Citties as the former did not to oppress the Church or Church persons with tallies collections and other exactions And besides this nothing else from the Pope himself but that neither should the Churchmen themselves of themselvs freely consent to any taxes imposed or desired by such consuls rectors without the Roman Pontiffs leave and that if any constitutions were made or sentences given to the contrary all should be void Where you see nothing yet is said to our