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A68730 Certain general reasons, prouing the lawfulnesse of the Oath of allegiance, written by R.S. priest, to his priuat friend. Whereunto is added, the treatise of that learned man, M. William Barclay, concerning the temporall power of the pope. And with these is ioyned the sermon of M. Theophilus Higgons, preached at Pauls Crosse the third of March last, because it containeth something of like argument Sheldon, Richard, d. 1642?; Barclay, William, 1546 or 7-1608. De potestate Papæ. English.; Higgons, Theophilus, 1578?-1659. Sermon preached at Pauls Crosse the third of March, 1610.; Barclay, John, 1582-1621. 1611 (1611) STC 22393; ESTC S117169 172,839 246

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which belonged to the worship of God and the Priestly function But for that Bellarmine would faine haue it that Salomon did this not as a King but as a Prophet and an executioner of diuine iustice I require some proofe of this interpretation seeing it appeares no where by the Scriptures and therefore rests vpon mere coniecture only For in that place there is no mention made neither of any commandement specially giuen by the Lord nor of any extraordinary power delegated vnto him but rather the cleane contrary Salomon himselfe declareth openly enough that he executed this iudgement as King according to the ordinary power of the gouernment which he en●o●ed in the right of his kingdome by vsing this preface The Lord liueth who hath established me and placea me vpon the throne of Dauid my father And indeed the whole businesse was not spirituall or Ecclesiastike but temporall and politike only wherein Salomon knew very well that the King as King was the lawfull and ordinary iudge and therefore we do not read that by one interest he gaue iudgement vpon Adoniah and by an other vpon Abiathar Againe where Bellarmine to strengthen his interpretation takes hold of those words vtim●leatur sermo Domini c. it is very sleight I will not say absurd for what belongs this to the manner of fulfilling who knoweth not that the same speech of the Scripture is as well verified of that which is performed after an vsuall law and an ordinary authority as in this place as of that which is fulfilled either extraordinarily by some wonderfull euent or by the impiety and tiranny of men The wicked when they crucified our Sauiour diuided his garments that it might be fulfilled which is spoken by the Prophet or that the Scripture might be fulfilled Therefore such kind of words are wont to be added in the Scriptures to shew the truth of the prediction and prophecie so as to draw an argument from hence to gather an other matter must seeme very ridiculous and childish Indeed Salomon in that case was the executer of the diuine iustice I allow it he was a Prophet also it is true and what then And yet we read that he did that by his kingly authority and common or ordinary power and none not the least mention made of any speciall commandement Neither is there any place in Scriptures where we may read that this iurisdiction was by speciall name committed to him Moreouer it is not likely that the author of the story being inspired with the holy ghost would without any touch or warning passe ouer so different causes of so great a businesse and of so great weight if so be the King had passed his iudgement by vertue of one power and authority against Adoniah being a lay person and another against Abiathar a Priest In like sort the same learned man is deceiued when he saith That it is no wonder if in the old testament the soueraigne power was temporall in the new spirituall because in the old testament the promises were only temporall and in the new spirituall and eternall For neither in the old testament was the soueraigne power altogether temporall neither is spirituall in the new But each in his owne kingdome that is in the iurisdiction of his owne power as is most meet did then beare sway and at this time ruleth euen then say I both of them contented with their owne precincts abstained from that which was not their owne that neither the temporall power inuaded the spirituall iurisdiction and Priestly function nor the spirituall pressed vpon the temporall as in their owne right Now that right which Salomon did shew at that time to belong to Princes temporall ouer the Cleargie is acknowledged and retained by Kings in the new law and in the christian common wealth From hence came those priuiledges which diuers Princes excelling in deuotion and piety granted to Ecclesiastike persons For to what end were priuiledges giuen to them if by a common right they were not subiect to kings seeing that they who are defended and exempted by the common aide and by mere law haue no need of any priuiledge or extraordinary helpe And with these agree euen those things which Bellarmine himselfe doth most rightly 〈◊〉 against the Canonists That the exemption of the Cleargie in ciuill causes as well touching their persons as touching their goods was brought in by the law of man and not of God and hee confirmeth it both by the authoritie of the Apostle whose that same rule so much celebrated Let euery soule bee subiect to the higher powers as well includeth the Clerikes as the Laikes by Chrysostomes testimonie and also by the testimonie of the ancient Fathers and lastly in that as he saith No word of God can bee brought forth whereby this exemption can bee confirmed And I adde this as a most pregnant argument of this truth that in the most flourishing estate of the Church and vnder those Princes who acknowledged the Pope the Pastor of the vniuersall Church and the Vicar of Christ it was enacted and obserued by the Imperiall lawes that the Cleargie should answere before secular Iudges touching ciuill crimes and be condemned by them if they were found guiltie of the crime laid against them And indeed least we mistake we must vnderstand that not all these priuiledges of persons and businesses which at this day the Cleargie enioyeth were granted by the same Princes nor at the same time For first Constantinus Magnus endowed them with this singular priuiledge onely that they should not be obnoxious to nominations and susceptions that is that being nominated or elected they should not bee constrained to beare office or to vndertake any wardship or to take any office which concerned the collection or receipt of Victuall or Tribute whereas before they were called to all these things without exception as well as any other Citizens In the eight yeere after by the same Prince his fauour they obtained immunitie and excuse from all Ciuill functions as appeareth by the Constitutions of the same Emperour wherein hee giues this reason of his priuiledge Least the Cleargie by the sacrilegious malice of certaine men might be called away from diuine seruice And surely it is a thing worth the marking against the vnthankfull ras●nesse of certaine Clerikes who can endure to ascribe the beginning of their immunities to the courtesie and gift of secular Princes because the same godly Princes doth tearme those exemptions Priuiledges for thus he By the faction of hereticall persons we finde that the Clerikes of the Catholike Church are so vexed that they are oppressed with certaine Nominations or Susceptions which the common custome requireth against the priuiledges granted to them Afterwards Constantius and Constance about the yeere thirtie sixe from the granting of the first priuiledge Arbitio and Lollianus being Consuls granted an other priuiledge to the Bishops that they should not bee accused of any Crimes