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A06517 The confutation of Tortura Torti: or, Against the King of Englands chaplaine: for that he hath negligently defended his Kinges cause. By the R.F. Martinus Becanus, of the Society of Iesus: and professour in deuinity. Translated out of Latin into English by W.I. P.; Refutatio Torturae Torti. English Becanus, Martinus, 1563-1624.; Wilson, John, ca. 1575-ca. 1645? 1610 (1610) STC 1699; ESTC S122416 35,918 75

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then see of what small moment this your Argument is I will briefely examine euery part therof And first I will speake something of Moyses secondly of Iosue who succeeded him and thirdly of the Gentile Kings which you haue cited Concerning Moyses then it is certaine that he was not only a Temporall Prince but an Ecclesiasticall also or if we speake all he susteyned a quadruple person or the person of foure men The first of a Temporall Prince the second of a Law-maker the third of a high Priest or Bishop and the fourth of a Prophet And this is testified by Philo lib. ● of the life of Moyses in the end where he saith Haec est vita hic exitus Moysis Regis Legislatoris Pontificis Prophetae This is the life and death of Moyses a King a Law-maker a high Priest and a Prophet And the same is plainly euinced out of the Scripture That he was a temporall Prince or Iudge it is manifest by that of Exodus 18. 13. Altera die c. And the next day Moyses sate to iudg the people who stood by Moyses from morning vntill night which thing S. Augustine mentioneth in his 68. quaest vpon Exodus thus Sedebat inquit iudiciaria potestate solus populo vniuerso stante He sate saith S. Augustine alone with power to iudge all the people standing That he was a Law-maker it is manifest as well by other places as that of S. Iohn 1. 17. Lex per Moysen data est The law was giuen by Moyses That he was a Bishop or high Priest is partly gathered out of that of the Psalme 98. 6. Moyses Aaron in Sacerdotibus eius Moyses and Aaron are numbred amongst his Priests and partly also by the Priestly fūction that he exercised For that as it is written Leuit 8. he consecrated Aaron a Priest he sanctified the Tabernacle and the Aultar he offered Sacrifice Holocaustes and Incense to our Lord. And this was not lawfull for any to do but Priests according to that of 2. Paralip 26. 18. Non est officij tui Ozia vt adoleas incensum Domino sed sacerdotum It is not your office Ozias to offer incense to our Lord but the office of Priestes Lastly that he was a Prophet is manifest by that Num. 12. 6. Si quis fuerit inter vos Propheta Domini c. Yf there shal be among you a Prophet of our Lord in vision will I appeare to him or in sleep will I speake vnto him But my seruant Moyses is not such a one who in all my house is most faithfull for mouth to mouth I speake to him and openly and not by riddles and figures doth he see the Lord c. 27. Now as for Iosue he succeded not Moyses in all these offices For he succeded him not in Bishoply degree or high Priesthood Nor yet in law-making In Prophesy whether he did or no I dispute not But that he succeeded him in temporall Principality it is manifest out of Num. 27. 18. Dixitue Dominus ad Moysen tolle Iosue filium Nun c. And our Lord said to Moyses take Iosue the sonne of Nun c. And put thy hād vpō him who shall stand before Eleazar the Priest al the multitude thou shalt giue him precepts in the sight of al part of thy glory that all the Synagogue of the Children of Israell may heare him For him if any thing be to be done Eleazar the Priest shal consult the Lord. At his word shal he go out shal go in and al the Children of Israel with him and the rest of the multitude c. In which words three things are to be noted which make to our purpose the first that Iosue was designed the successour of Moyses the second that Moyses gaue him part of his glory that is to say he gaue him not all the power he had aswell Ecclesiastical as temporall but temporall onely the third that he should be subiect to Eleazar the High Priest and do euery thing at this commandement For this do those wordes signify Pro hoc c. For him to wit Iosue if any thing be to be done Eleazar the Priest shall consult the Lord. At his word to wit of Eleazar shall Iosue go out and in c. 28. Heere may you playnely see in how different a sense you alleaged that place Sicut in istis obediuimus Moysi ita obediemus tibi As in these thinges we obeyed Moyses so will we obey you For you vnderstand it thus as who should say the people of the Iewes ought to obey Iosue in all thinges both Ecclesiasticall and ciuill as they had obeyed Moyses But you are deceyued First for that in Ecclesiastical affayres they were to obey Eleazar the Priest Secondly because those words as we haue obeyed Moyses were not vttered of all the people but only of the Rubenites Gaddites and of halfe the Tribe of Manasses Neyther did they say that they would obey Iosue in all thinges simply wherin they had before obeyed Moyses although somtymes they murmured against him did not obay him but in those thinges only which were appointed them by Moyses to wit that they should leaue their wiues childrē cattle in the place where they then were and arming themselues togeather with the rest of the Tribes should passe ouer Iordan and fight against their enemies vntil they being vanquished the rest of the Tribes should there make their quiet possession And this is euident out of the context of Scripture it selfe Iosue 1. 12. in these wordes Rubenitis quoque Gadditis dimidiae tribui Manasse ait c. To the Rubenites also and Gaddites and to halfe the tribe of Manasses Iosue said Remember the word which Moyses the seruant of our Lord commanded you saying Our Lord your God hath giuen you rest and all this land your wiues and children and cattle shall tarry in the land which Moyses deliuered vnto you beyond Iordan but passe you ouer armed before your brethren all that are strong of hand fight for them vntill our Lord giue rest to your brethren as to you also he hath giuen and they also possesse the land which our Lord your God will giue them and so returne into the land of your possession and you shall dwell in it which Moyses the seruant of our Lord gaue you beyond Iordan against the rising of the sunne c. Thus Iosue to the people So as that which immediately followeth to wit Omnia quae praecepisti nobis c. All thinges that thou hast commanded vs we will do and whithersoeuer thou shalt send vs we will go And as we obeyed Moyses in all things so will we obey thee also is referred to that which went before But there is no mention made of Ecclesiasticall matters but only of taking armes against their enemyes who possessed their land 29. On this syde then as you see your Argument falleth to the ground proceedeth from a false principle On
the other side that which you bring of Gentile and Idolatrous Kinges I do not see what force it may haue For that those three Kinges which you mention were by your owne confession eyther Primates of the Church of God or they were not I hope you will not say that they were because yow affirme the contrary more then once in your Tortura and that worthily to wit that they who be out of the Church of God cannot be Princes and Rulers in the same Church Yf they were not Primates of the Church as certes they were not how then will you proue by this their example that the King of England is head or Primate of the Church This only you may conclude that as the Iewes durst not go forth of Egypt to sacrifice to God without King Pharao his leaue who had brought them into cruell bondage vnder his yoke So in like manner the Catholickes that liue in England dare not go out to other Catholicke Countries where they may receiue the holy Eucharist after the Catholick manner without King Iames his leaue who will not suffer them so to do without his licence vnder payne of death or imprisonmēt And the like may be said of the other two Idolatrous Kings But what is this to the Primacy of the Church I should rather thinke it belonged to tyrāny or impiety The Conclusion to the Chaplayne 30. YOvv haue heere briefly what I haue thought concerning your Booke which you haue written in defence of your King You haue heere I say these three pointes First that you haue oftentimes handled the matter not so much in Argument as in raylings or exprobrations Secondly that you haue defyled euery thing with Paradoxes and false opinions Thirdly that you haue rather ouerthrowne then established the Kings Primacy which you sought to fortify and all these things haue you done through a certayne desire you haue to flatter the King Therefore if you shall represse this your desire and behould the onely truth of the thing it selfe it will be very easy for you to amend your former faultes which I altogeather counsell you to doe And if you set God before your eyes who is the first and principall verity you will doe it AN APPENDIX Of the Comparison betweene a King and a Bishop IN your booke you do so compare a King and a Bishop togeather that you manifestly depresse the Authority of the one and extoll the Dignity higher then is sitting of the other And therefore what others haue thought before you concerning this point I will briefly lay before your eyes that you may choose whether changing your opinion you will stand to their iudgmentes or els retayning it still persist in your errour Thus then haue others thought and taught before you Num. 27. 21. Pro Iosue si quid agendum erit c. Yf for Iosue any thing be to be done let Eleazar the Priest consult with the Lord. At his word to wit Eleazars shall he goe out and go in and with him all the sonns of Israel and the rest of the multitude c. So as heere the secular Prince is commanded to do his affaires at the descretion of the Priest Deuter. 17. 12. Qui superbierit c. He that shall be proud refusing to obay the commandement of the Priest who at that time ministreth to our Lord thy God c. that man shall dye and thou shalt take away the euill out of Israel c. 1. Reg. 22. 27. Ait Rex Saul Emissarijs c. King Saul said to his Seruants that stood about him Turne your selues and kill the Priests of the Lord c. And the Kings seruants would not extend their hands vpō the Priests of the Lord. So as they made greater esteeme of the Priests authority then of their Kings commandement 4. Reg. 11. 9. Fecerunt Centuriones iuxta omnia c. And the Centurions did according to all things that Ioida the Priest had commaūded them and euery one taking their men c. came to Ioida the Priest c. And he brought forth the Kings sonne and put vpon him the diademe and the couenant c. And Ioida commanded the Centurions and said to them Bring forth Athalia the Queene without the precincts of the Temple and whosoeuer shall follow her let him be stroken with the sword c. 2. Paralip 19. 11. Amarias Sacerdos Pontifex vester c. Amarias the Priest and your Bishop shall be chiefe in those things which pertayne to God Moreouer Zabadias the sonne of Ismael who is the Prince of the house of Iuda shal be ouer those works which pertaine to the Kings office c. 2. Paralip 26. 16. Cùm rob oratus esset c. When Ozias the King was strengthened his hart was eleuated to his destruction c. and entring into the temple of our Lord he would burne incense vpon the altar of incense And presently Azarias the Priest entring in after him and with him the Priests of our Lord c. they resisted the King and said It is not thy office Ozias to burne incense to our Lord but the Priests c. Get thee out of the Sanctuary contemne not because this thing shall not be reputed vnto thee for the glory of our Lord God And Ozias being angry c. threatned the Priests And forthwith there arose a leprosy in his forehead before the Priests c. and in hast they thrust him out c. Ioan. 21. 32. Feede my sheepe c. Matth. 16. 19. To thee will I giue the Keyes of the Kingdome of heauen c. Act. 20. 28. The holy Ghost hath placed Bishops not secular Kings to gouerne the Church of God c. 1. Cor. 4. 1. So let a man esteeme vs as the ministers of Christ and the dispensers of the mysteries of God c. 2. Cor. 5. 20. We are Legates for Christ c. S. Gregory Nazianzen writing to the Emperours of Constantinople apud Gratian. dist 10. can 7. saith Libenter accipitis c. You do willingly heare that the law of Christ doth subiect you to Priestly power For he hath giuen vs that power yea he hath giuen vs a Principality much more perfect then that of yours c. S. Gregory the Pope writing to Hermannus Bishop of Metz dist 96. can 6. saith Quis dubitat c. Who doubteth but that the Priests of Christ are to be accompted the Fathers and maisters of Kinges and princes Ioan. Papa dist 96. can 11. Si Imperator Catholicus est c. If the Emperour be a Catholike he is a Sonne and not a Prelate of the Church What belongeth to Religion he ought to learne and not to teach And then againe afterwards Imperatores c. Christian Emperours and Kings ought to submit their imployments vnto Ecclesiasticall Prelates and not preferre them Innocentius 3. in decret de maior obed can 6. Non negamus c. We deny not but that the Emperour doth excell in temporall things but the Pope excelleth in spirituall which are so much the more worthy then temporall by how much the soule is preferred before the body c. Hosius Bishop of Corduba in Spaine to the Emperour Constantius sayth Desine quaeso Imperator c. Giue ouer I beseech you o Emperour do not busy your selfe in Ecclesiasticall affaires nor in such things do not teach vs but rather learne of vs. To yow hath God committed the rule of the Kingdome but vnto vs hath he deliuered the affaires of his Church c. S. Ambrose in his 33. Epistle to his Sister Marcellina writeth that he had sayd to the Emperour Valentinian Noli te grauare Imperator c. Do not trouble your selfe o Emperour to thinke that you haue any Imperiall right in those thinges which are diuine To the Emperour do pallaces belong but Churches pertaine vnto Priests c. Valentinianus the Emperour said Mihi qui vnus è numero laicorum c. It is not lawfull for me that am but one of the number of laymen to interpose my self in such businesses to wit Ecclesiasticall Let Priests and Bishops meet about these things wheresoeuer it shall please them to whome the care of such affaires belong c. This is related by Zozomenus lib 6. hist. c. 7. and by Nicephorus lib. 11. cap. 33. by Ruffinus lib 1. cap. 2. Eleanor Queene of Englād in an Epistle she wrote to Pope Celestine hath these wordes Non Rex non Imperator à iugo vestrae Iurisdictionis eximitur Neyther King nor Emperour is exempted from the yoke of your Iurisdiction or power More of this matter in another place FINIS Faultes escaped in the Printing Pag. 7. lin vlt. in some copies dele is 17. lin 7. shall read shalt 19. lin 21. to write read to wit 36. lin 4. in some copies Mattheaeo read Matthaeo 38. lin 8. to lawfull read to be lawfull 40. lin 7. in some copies you read yours 57. lin 15. in some copies the read he 58. lin 1● in some copies this read his LAVS DEO