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A30973 A discourse concerning the laws ecclesiastical and civil made against hereticks by popes, emperors and kings, provincial and general councils, approved by the church of Rome with a preface against persecuting and destroying hereticks / by a cordial friend to the Protestant religion now by law established in these realms. Barlow, Thomas, 1607-1691.; Whitby, Daniel, 1638-1726. 1682 (1682) Wing B828; ESTC R16393 97,782 178

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them they more who by concealing of them maliciously endeavor to hinder their Examination Incarceration or Punishment they most of all who release them without the consent of the Church when they are taken or imprisoned or by whose Counsel Aid or Command such things are done Nor are they free from this Crime who having opportunity of place and time and power to apprehend Hereticks or help others so to doe wickedly let it slip especially when they are required to assist by others that are willing to apprehend them 2. If any Believer Receiver Defender or Favorer of Hereticks being excommunicated do not satisfie the Church within a year he from hence forward shall be infamous and shall not be admitted to give Testimony or to publick Offices or to Councils or to the Election of those that belong to them he shall have no power of making any Will or succeeding to any Inheritance No man shall be obliged to answer him in any Cause but he shall be compelled to answer others if he be a Judge his Sentence shall be void and null nor shall any Causes come before him if an Advocate he shall not be admitted to plead If a Clerk or Notary the Instruments drawn by him shall be of no moment So the Const. Freder 2. the Constitutions of Clement the Fourth Const. 27. And lastly All this is confirmed by the Fourth general Council of Lateran in express words Cap. 3. de Haereticis and by the Canon Law Decretal l. 5. tit 7. cap. 13. § XVI Moreover for the Security and the Encouragement of such as shall accuse them Whereas according to the Laws of heathen Rome no man could be condemned till he had his Accusers brought before his Face they have decreed that the Names of the Accusers of Hereticks shall not be made publick either by Word or Sign because this is the pleasure of the Apostolick See So Concil Narbon A. D. 1235. Can. 22. Concil Bitter An. Do. 1246. cap. 10. And whereas in other Cases by the Laws of all Nations notorious Criminals infamous and perjur'd Persons were not to be admitted to give Testimony against others especially in matters of Life and Death All Criminals and infamous Persons though Partakers with them in their Crimes may be admitted to accuse and testifie against the Hereticks Concil Narbon An. Dom. 1235. Can. 24. Concil Bitter An. D. 1246. cap. 12. § XVII Now sutably to these Decrees and Principles the Pope hath frequently proceeded depriving Civil Governors of their Dominions as being Favorers of Hereticks or as neglecting to extirpate Hereticks out of their Territories For Raimund Count of Tolose was excommunicated by Innocent the Third because he was a Favorer of Hereticks and his Dominions by the Pope were given to any person who would seise upon them In the year 1210. the Citizens of Tolose were by the Council of Avignion excommunicated because they neglected to perform what they had promised concerning the Expulsion of Hereticks In a Council held at Vaur A. D. 1213. Arnaldus the Pope's Legate by the Apostolick Authority doth admonish and command the King of Arragon to abstain from the Protection Defence or Communion of Hereticks threatning that otherwise he would pronounce against him the same Censures and Ecclesiastical Punishments which are denounced against them Yea the Pope himself informs him that if he proceeded to be a Favorer of Hereticks he could not spare him nor delay his Punishment and that he might by the Example of others who of late had opposed themselves to God and the Church perceive what great danger hanged over his head The occasion of all this was as followeth Peter King of Arragon solicits for Raimund Count of Tolose that he might be received into the Church and for the Counts of Cominges and Fux That they might be restored to their own again To this the Council answer That Count Cominges had made a League with Hereticks and their Favorers and that the Count of Fux was a Receiver of them and therefore his Majesty ought not to intercede for them till they have satisfied the Church Whereupon the King sides with them endeavoring to obtain by Force what by Petition he could not obtain In the year 1214. a Council met at Montpellier of five Archbishops and 28 Bishops who chuse the Count of Montfort Prince and Monarch of the Dominions of the Count of Tolose the forementioned Favorer of the Albigenses desiring the Pope's Legate to confirm their choice He having no Instructions touching this matter acquaints the Pope with their Request who doth immediately commit to him the Custody and allow him the Benefit of those Dominions referring the matter of the Title to the Decision of the Fourth general Council of Lateran then called and the next year assembled which resolves the Case thus That the Pope shall absolve the Subjects of such Favorers of Hereticks from their Allegiance and expose their Territories to be enjoyed by Catholicks who having destroyed the Hereticks shall possess it without any Contradiction so that no Injury be done to the Principal Lord who in this Case was the French King In a Council held in the Province of Narbon An. Dom. 1227. Raimund the Son of Raimund Count of Tolose the Count of Fux the Hereticks of Tolose and the Receivers Believers Favorers Defenders of them are denounced excommunicate by Bell Book and Candle and are exposed as to their goods and persons to every one that can seise on them A. D. 1281. Martin the Fourth doth pass the Sentence of Excommunication actually incurr'd against Michael Paleologus as being a Favorer of those Schismaticks the Greeks and therefore a Maintainer of Hereticks and of their Heresies and Schisms and he moreover doth command all Kings Princes Dukes c. and all other Persons of what Dignity Condition or Estate soever under the Penalty of the same Excommunication to make no Leagues or Confederacies with him pronouncing all such Confederacies null and void though they have been confirmed with an Oath or any other firmness whatsoever A. D. 1307. Clement the Fifth by the Advice of his Brethren doth pass the very same Sentence upon Andronieus Paleologus the Emperor of the Greeks for the same Crime A. D. 1326. Castrutius Governor of Luca is condemned by the Pope's Legate as a Persecutor of the Church and a Favorer of Hereticks and Schismaticks and is deprived of all his Dignities and exposed to every one that would fall upon him A. D. 1425. Martin the Fifth pronounceth a most heavy and severe Sentence against the Person and Kingdoms of Alphonsus King of Arragon as being a Favorer of Schism A. D. 1512. Julius the Second having notice that the King of Navar favored the Enemies of the Church he recurr'd to that last Remedy which is wont to be used against Rebellious Princes execrating the King and Queen of Navar depriving them of their Dominions
Council it hath Power immediately derived from Christ which every person of what State or Dignity soever he be even his Holiness himself is bound to yield obedience to in matters which concern Faith the Extirpation of the present Schism and the Reformation of the Church The general Council of Basil in the second Session renews the same Decree and Session the 12th doth challenge by virtue of the Omnipotent God immediate Power over all faithfull Christians and Session the 33d they declare this to be a Doctrine of the Catholick Faith which he that pertinaciously resists is a Heretick and Session the 45th they add that it is an Article which cannot be neglected without the loss of Salvation 2. This will appear from express Acts of Jurisdiction exercised by them over Kings and Princes for to omit the frequent Excommunications and Sentences of Deprivations pass'd upon Emperors and Kings in the Fourth general Council of Lateran Can. 3. in the general Council of Lions Concil To. XI p. 645. in the Council of Pisa Sess. 14. in the general Council of Constance Sess. 12 17 37. of Basil Sess. 27 34 40 41. all which expresly have decreed that Emperors and Kings for Misdemeanors mentioned there shall lose their Dignity and Honor and be deprived of their Government I say to pass by this they frequently demonstrate their supposed Power over them by laying their Commands upon them We enjoin Princes saith the Fourth Lateran Council cap. 67. and the Council of Vienna We command secular Princes saith the Fourth Lateran Council cap. 68. We peremptorily enjoin them saith Julius the Second with the Approbation of the Fifth Lateran Council We command that they be compelled by the secular Power saith the Fourth Lateran Council cap. ult and the general Council of Lions cap. Super Cruciata 3. Their Canon Law is full of Constitutions to this effect declaring that When the things of God are treated of the King must study to subject his Will to the Will of the Priests and not prefer it before theirs that the Law of Christ subjects Kings to the Priesthood of Christ and puts them under their Tribunals that Christian Emperors ought to subject their Executions to the Prelates of the Church and not prefer them to theirs because God would have them to be subject to the Priests of the Church By the same Law it is determined that Kings must follow the Church Form and not prescribe humane Laws to her nor seek to domineer over her Constitutions but submit their Necks to her Clemency And that they ought to yield obedience to the Laws of the Church and not exalt their Power above her 2. According to the Principles of that Communion all Princes must submit to and obey the Definitions of their general Councils and the Determinations of the Church in Cases Spiritual because she is their onely Guide in Spirituals this being therefore a Spiritual Case viz. how far the Civil Magistrate doth stand obliged to punish Hereticks the Romish Prince must stand to her Determination in that matter and therefore is obliged to act according to the Decrees forementioned which firmly are establish'd by the Church whatsoever Promises or Oaths he may have made unto the contrary Now that the Cause of Heresie and of the Punishments to be inflicted on the Heretick is by them judged a Spiritual Cause with which the Civil Power must not intermeddle is evident from that Decree of Boniface the Fifth which strictly doth forbid all Powers Lords temporal and Rectors with their Officers to judge or take cognizance of that Crime it being meerly ecclesiastical or to free them out of Prison without the Licence of the Bishops or Inquisitors or to refuse to execute the Punishments enjoyned by them or any way directly or indirectly to hinder their Process or Sentence under the pein of Excommunication which if they obstinately lye under for a year they are to be condemned as Hereticks and this Decree is taken into the Body of the Canon Law and is confirmed by the general Council of Constance Sess. 45. The Crime of Heresie must be judged onely by the Ecclesiastical Court and the Secular must not meddle with it saith Gregory the Fourteenth Const. 7. § 6. 3. No Promises Oaths or Engagements can oblige to the omission of that which is our Duty by the Confession of all Christians they cannot bind saith their own Canon Law to any thing which is against the benefit of Holy Church for according to the Determination of Innocent the Third received into the Body of that Law they are not to be call Oaths but Perjuries which are attempted against the Benefit of the Church They cannot bind against the Right of a Superior for the same Law declares that in any Oath that is taken the Right of the Superior must be supposed to be excepted they cannot bind against the Law or the Canonical Sanctions for otherwise saith the same Law it is a rash Oath and is not valid Since then according to the Doctrine of the Church 't is the Duty of all Catholick Princes to punish and extirpate Hereticks they cannot be obliged by any Oath or Promise to neglect that Duty since this Neglect is against Law and the Canonical Sanctions against the plain Determinations of the Supreme Tribunal and against the benefit of H. Church no Oath or Promise can oblige them to it And 4. They who do claim a Power to absolve Catholick Princes from their Contracts Leagues and Engagements made to Heretical Princes must have an equal Power to absolve them from Contracts made with their own Heretical Subjects for sure the Contracts made with Equals must be more firm than those which we have made to our Inferiors but the Pope claims and oft hath exercised this Power of absolving Catholick Princes from their Contracts made with other Princes on this account because they were made with Hereticks or Persons excommunicate Ergo c. To give some few Examples of this matter the Bull of Vrban the Sixth concerning this matter runs thus Amongst the many Cares which we continually are prest with our chief concernment is to provide fit Remedies for the preventing the Subversion of the Faithfull by consorting or by participating with Schismaticks or Hereticks and truly we have lately heard saith he that Wencelaus King of the Romans and Bohemians and Charles the Emperor have entred into some Confederations Leagues Compacts or Conventions with divers Kings Princes Dukes Earls Grandees and Nobles some of which Kings c. then were or afterwards have become manifest Hereticks and Schismaticks being separated from the Union of the Roman Church though not by us declared such we therefore considering that such Confederacies Leagues Compacts or Conventions made with these Hereticks and Schismaticks after they were such are rash void and null by Sentence of the Law but if they were made before their falling into Schism and Heresie and confirmed by an Oath
would be tedious to rehearse the Glory and Felicity of them who adhering stedfastly to the Catholick Faith did slaughter Hereticks as being the Capital Enemies of the Crown And to deter them if they be superstitious with the dread of Punishments they add that on the contrary such Princes as have been favorable to Hereticks and did not withstand their Errors found the Vengeance of God against them and being destitute of his Favor fell into grievous Calamities and miserably ended their Lives We therefore considering these things according to our Duty do instantly exhort all Christian Princes and in the Lord beseech them that as they desire to consult their own Welfare to keep the Rights of their Dominions pure as they desire to keep the People subject to them in Peace and in Tranquility they would with powerfull Arm defend the Catholick Faith and manly endeavor to subdue its Enemies Hoc profectò nostrum desiderium haec votorum summa haec nostri conatûs gloria hoc est quod totâ mente exposcimus assiduis precibus à Domino flagitamus i. e. the Effusion of the Bloud of Hereticks is what we chiefly do desire both of God and men and to accomplish this is our chief Glory The Council of Milan A. D. 1565. puts up the like Petition to the Civil Magistrate in these words We exhort Princes and the Magistrates of Cities and by the Bowels of the Mercies of Christ our Lord we pray them that preferring heavenly gain before earthly they take care to forbid all Traffick and Commerce with Hereticks in any of their Towns and Cities and that they suffer not their Subjects upon these accounts to repair to any Heretical Countries especially that they would be helpfull to and heartily would favor that Hell above ground the Sacred Inquisition and being desired would interpose their Authority to that end and what more they could aske it is not easie to imagine But should Popish Princes be remiss in execution of this Bloudy Work they must expect to be still quickned if not threatned to it by that great Malleus Haereticorum call'd his Holiness For this hath been the constant business of that See from the Twelfth Century till of late to call upon all Catholick Princes to ruin both the Souls and Bodies of those Subjects who refused to obey the Church of Rome or become Subjects to his Holiness And to chastise those Princes who did countenance any such Sects or Heresies or who refused to destroy and murther them How industriously they have promoted how vehemently they have excited Princes and other Governors to these inhuman Persecutions will appear from the ensuing Instances collected from the Annals of their own Spondanus In the beginning of the Thirteenth Century the Persecution waxed hot against the Albigenses and Waldenses by reason of the Fiery Zeal of Innocent the Third against them who in the years 1208 and 1210. excited Philip King of France to fight against Raimund the Count of Tolose and to expell him with his Adherents out of his Dominions because he was a Favorer of Hereticks A. D. 1209. he promiseth to all confess'd and penitent Crusado's that would take up Arms against them the Remission of Sins and Absolution from Penance whereupon these Crusado's besiege and take the City of Beziers and destroy in it Sixty or Seventy Thousand Souls An. Do. 1211. Innocent the Third writes to the Count of Tolose not to receive into his Territories the Albigensian and Waldensian Hereticks declaring that if he should neglect to obey this Command he would give up his Dominions to be possessed by the Exterminators of Hereticks as afterwards he did A. D. 1229. Gaufred the Legate of the Apostolick See excites the Citizens of Milan to animadvert upon the Hereticks by banishing and apprehending them by destroying of their Houses by Confiscation of their Goods and other Penalties and in the year following severe Laws were made against them there by instigation of the Pope and many Hereticks in Lombardy and Germany were burnt A. D. 1234. Gregory the Ninth excites Ludovicus King of France to restrain the Albigensian Hereticks and in the same year by the Authority of the same Gregory expedition is made against the Hereticks dwelling in the Confines of Saxony Frisia and Bremen the Cross is preach'd up and the same Privileges which were granted to those who went to the Holy Land were promised to those Crusado's who should take up Arms against the Hereticks An. Do. 1235. He set forth an Edict against them which caused many of them to be burnt A. D. 1238. Pope Gregory the Ninth excites Bela King of Hungary to fight against Asanus Lord of Bulgaria because he had revolted from the Obedience of the Roman See to the Schism and Heresie of the Greeks and he solicits the Crusado's gathered for the assistence of the Holy Land to fight against him by promising to them the same Privileges upon their expedition against him A. D. 1254. Innocent the Fourth sets forth divers Constitutions against Hereticks and their Favorers commands the Cross to be preach'd up against them and gives the same Privileges and Indulgences to all Crusado's who engage against them which had been granted by a general Council to those who went to the Holy Land A. D. 1307. Clement the Fifth sent his Legate with an Army of Crusado's against the Dulcinists who denyed the Pope and other R. Prelates to be true Pastors because they lived not according to the Rules of the Gospel by which Crusado's the Dulcinists were forced up into the Alpes where they were partly destroyed by the Sword partly by Cold and Hunger Dulcinus himself with some of his Companions being taken they were brought to Vercelles and there cut in pieces and afterwards their scattered pieces were committed to the Flames A. D. 1335. Benedict the Twelfth excites John King of Bohemia and the Bishop of Almutz against some Hereticks who came thither out of Germany and the neighboring Places And Edward the Third of England against the Hereticks in Ireland who said the Sacrament was not to be adored A. D. 1352. Clement the Sixth writes to Peter de Montibus an Inquisitor and to all Prelates and Rectors to persecute the Hereticks in the Province of Ambrun this Persecution makes them fly into Calabria And An. Do. 1353. Innocent the Sixth writes to the King of Sicily to assist the Inquisitors of Heresie against them there A. D. 1372. Gregory the Eleventh excites Charles the Fourth Emperor of Germany and other Princes of that Nation to extirpate the Hereticks called Begardi and Bequini who again sprang up in Germany A. D. 1374. He writes to the Archbishop of Prague and to Charles the Emperor to punish one Mallaesius an Heretick and his Followers and to assist the Inquisitors in so doing A. D. 1375. The Hereticks abounding in the Provinces of Dauphine Savoy and other neighboring Places the same