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A73418 Roger Widdringtons last reioynder to Mr. Thomas Fitz-Herberts Reply concerning the oath of allegiance, and the Popes power to depose princes wherein all his arguments, taken from the lawes of God, in the Old and New Testament, of nature, of nations, from the canon and ciuill law, and from the Popes breues, condemning the oath, and the cardinalls decree, forbidding two of Widdringtons bookes are answered : also many replies and instances of Cardinall Bellarmine in his Schulckenius, and of Leonard Lessius in his Singleton are confuted, and diuers cunning shifts of Cardinall Peron are discouered. Preston, Thomas, 1563-1640. 1619 (1619) STC 25599; ESTC S5197 680,529 682

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Church of Christ which is called euery where in the Scripture Regnum Caelorum the kingdome of heauen though on the other side the consequent must needs be good that what excellencie dignitie or perfection soeuer was in the Synagogue the same must needs be farre more eminent and excellent in the Church of Christ as the Apostle taught expressely 2. Cor. 3. arguing thus Si ministratio damnationis c. If the ministration of death with letters figured in stones was in glorie that the children of Israel could not behold the face of Moyses for the glorie of his countenance which is euacuated how shall not the ministration of the spirit be more in glorie For if the ministration of damnation be in glorie much more the ministerie of iustice aboundeth in glorie Thus argueth S. Paul proouing à fortiori the supereminent dignitie and glorie of Christs law by the great and eminent glorie of the Mosaicall law Hebr. 6.7.8 9. whereto tendeth also his argument to the Hebrewes concerning the imperfection and infirmitie of the Leuiticall Priesthood in regard of the most excellent and high perfection of the Priesthood of Christ 4 Whereupon it followeth euidently saith Mr. Fitzherbert f nu 29. 30 31. 32. that seeing the Priesthood of the olde Testament had such a supreme and soueraigne authoritie to create anoynt punish and depose Kings as appeareth in the former examples the Priesthood in the new Testament can not haue lesse power and authoritie for it can not be with reason imagined that God hauing taken vpon him our humanitie and honoured the same with a peculiar and mere excellent Priesthood then that of Aaron yea ordained a visible succession of Pastours and Priests for the gouernment of his Church to continue as the Apostle witnesseth g 1. Cor. 11. Ephes 4. Matth. 28. Luk. 10. Matth. 18. Heb. 13. vntill the end of the world commanding also that they should be heard and obeyed as himselfe it were I say against reason to thinke that he would giue lesse honour and priuiledge to these his owne substitute in his owne kingdome then he gaue to the successours of Aaron in the olde law whereby the shadow would be more worthie and perfect then the bodie the figure then the veritie the Leuiticall or Aaronicall Priesthood then the Priesthood of Christ and finally the Iewish Synagogue then Christs owne spouse and mysticall body which is his Church of the glorie maiesty whereof the Prophet I say foretold speaking in the person of God thus Ponam te saith he in superbiam seculorum c. Isay 60. I will place thee as the pride of all worlds or ages a ioy to generation and generation and thou shalt sucke the milke of nations and shalt bee fedde with the paps of Kings and the children of those who haue humbled thee shall come crouching to thee and shall adore the footsteps of thy feete and thy gates shall bee open continually and they shall not bee shut day nor night that the strength of all nations and their Kings may bee brought vnto thee For the Nation and the Kingdome which shall not serue thee shall perish c. 5 Thus promised almighty God by his Prophet to raise and aduance the Church of Christ aboue the power of all Nations and kingdomes insomuch that hee threatned ruine and destruction vnto them Matth. 18. if they did not serue her whereby it maye easily be iudged what an excellent and eminent power our Sauiour gaue to S. Peter and his Successours when he not onely promised to build his Church vpon him as vpon a rocke and that the gates of hell should not preuaile against it but also gaue him such ample authority to binde and loose that whatsoeuer he should binde or loose on earth should be bound and loosed in heauen yea and finally made him supreme Pastour of his flocke commanding him thrice to feede his sheepe and lambes that is to say to gouerne those that should any way pertaine to his fold the Catholike Church Thus said I in my Supplement Whereby it may appeare that the Popes power to chastice Princes temporally is most conforme to the law of God not onely in the old Testament but also in the new according to Saint Pauls argument a fortiori before mentioned drawne from the figure to the veritie And therefore now to declare how I prooued the same further by the new law c. Thus argeth Mr. Fitzherbert 6 Marke now good Reader what a trimme disourse this man hath made agains himselfe and what grounds he hath laid to ouerthrow his owne argument he groundeth thereon For first I doe willingly grant his first position to wit that the old Testament was a figure of the new the earthly Hierusalem a shadow of the heauenly Hierusalem and the earthly kingdome of the Iewes a figure of the heauenly and spirituall kingdome of Christ the eminent glorie of the Mosaicall law a figure of the supereminent dignitie and glory of the law of Christ the Priesthood in the old law farre inferiour in authoritie excellency and perfection to the Priesthood in the new law yea and that all things for the most part chanced to the Iewes in figure for that nihil as perfectum adduxit lex The law brought nothing to perfection But secondly concerning his second position it followeth euidently from hence that not only the defects of the old law cannot serue for a president to the new law and the Church of Christ but also that all things in the olde law being compared to the law of Christ were defectiue and imperfect for that the law brought nothing to perfection and that all the authoritie excellency and perfection of the old law was a figure and shadow of the authoritie excellency and perfection of the law of Christ 7 Whereupon it followeth euidently that although wee should suppose only for Disputation sake because the contrarie we haue sufficiently prooued before that the Priesthood of the old Testament had a supreame and soueraigne authoritie to create annoint punish or depose Kings yet we cannot from thence as from the figure to prooue the veritie conclude that therefore the Priesthood in the new Testament must haue the same authoritie for this were not to fulfill the figure as Cardinall Bellarmine before affirmed but that it must haue a farre more noble and excellent authoritie ouer Princes to create annoint punish and depose Kings in another more excellent degree to wit that considering the promises of the old law were earthly and of the new law heauenly the kingdome of the Iewes was temporall and the kingdome or Church of Christ eternall and spirituall from hence as from the figure to the veritie we may deduce a good argument to prooue that as the Priests of the old law had authoritie to cleanse corporall vncleannesse which did barre men from entering the earthly tabernacle made by the handes of men so the Priests of the new law haue authoritie to
receiued if he meane that those miraculous punishments did testifie an ordinary power to bee in the Church that is in spirituall Pastours to inflict punishments as well vpon the bodie as vpon the soule this he must proue by some other reason then by his bare I say to which in very truth knowing his insufficiency in Theologicall learning I giue but little credit therefore with the same facility I deny it as he saith it for it is the maine questiō betwixt vs whether the Church hath any such ordinarie power or no But if hee meane that those miraculous punishments did signifie and testifie a miraculous and extraordinarie power to bee in the spirituall Pastours of the Church in the Apostles time to inflict in some sort temporall punishments as well vpon the body as vpon the soule then I willingly grant his I say but withall dcny that either the power it selfe it being extraordinary and miraculous or the effects and execution thereof which also were miraculous should afterwards remaine in the Church when the faith was once propagated and generally receiued according to that saying of Saint Gregory Signes or miracles were giuen for Infidels not for the faithfull I said to inflict in some sort temporall punishments for as well obserueth Abulensis Abul q. 96. in c. 20. Matth. the punishment which Saint Peter inflicted vpon Ananias and Saphira was onely by the way of prediction whereupon hee was not as a Iudge or executioner of Christ but as a Prophet and the punishment inflicted by Saint Paul was by way of prayer and intercession whereupon it was not any vse of Iurisdiction but of a miracle because the Deuils are not subiect to the commaund of men and so neither of them did exercise the vse of coerciue temporall power 74 And by this also that which Mr. Fitzherbert immediately addeth is easily answered Besides that saith he it is to be considered for the further explication of this point that although the punishments were miraculous and extraordinary for the manner of them yet if we consider the punishments themselues the Apostles exercised therein their ordinary and Apostolicall Iurisdiction as being the ordinary Iudges to whom the chastisement of spirituall offences appertained which is euident in the punishment of the incestuous Corinthian by the formall and iudiciall sentence pronounced by the Apostle saying 1. Cor. 5. Ego quidem absens c. I indeede absent in body but present in spirit haue already iudged as present him that hath so done in the name of our Lord Iesus you being gathered together and my spirit with the vertue of our Lord Iesus to deliuer such a one to Sathan for the destruction of the flesh that the spirit may be saued in the day of our Lord Iesus Christ Thus did the Apostle fulminate his terrible sentence of Excommunication shewing and exercising his Apostolicall authoritie And the same is also to bee vnderstood concerning the corporall punishment of Ananias and Saphara S. Chrysost in hunc locum in wich respect Saint Chrysostome saith That Petrus faciebat terribile iudicium Peter executed a terrible iudgement vpon them and Saint Hierome saith that merûere sententiam Apostoli S. Hieron epist 150. ad Hedibiani q. 2. in fine Apud August l. 3. c. 16. They deserued the sentence of the Apostle and the Authour of the booke De mirabilibus Scripturae amonst Saint Augustines workes saith that Petrus ligauit c. Peter did bind Ananias and his wife with the bond of death vt authoritas Apostolica quanta esset ostenderetur that it might appeare how great was the Apostolicall authoritie Thus Mr. Fitzherbert 75 But I neuer denyed that the Apostles were ordinary Iudges to whom the chastisement of spirituall offences appertained but that which I deny is that by these miraculous punishments of Ananias and Saphira and the incestuous Corinthian or such like it can bee prooued that the Apostles were ordinary Iudges to inflict temporall punishments for spirituall offences or that they exercised therein I doe not say their Apostolicall Bell. l. 1. de Rom. Pont. c. 9. but their ordinary power and Iurisdiction for the Apostles had two powers one ordinary and which should descend to their Successours the other extrordinary or delegate which therefore should not descend neither is it lawfull from the punishments which they inflicted by their extraordinarie power to inferre that they did or might inflict the like punishments by their ordinary power this I say cannot be prooued by any miraculous fact or punishment which the Apostles inflicted by their extraordinary and delegate power And therefore although the Apostle in pronouncing his terrible sentence of Excommunication against the incestuous Corinthian shewed and exercised his ordinary Apostolicall power forasmuch as concerned the deliuering him ouer to the inuisible power of Sathan yet forasmuch as concerned the deliuering him ouer to the visible power of Sathan that is to bee visibly tormented by him the Apostle did not vse his ordinary Apostolicall but his extraordinary Apostolicall power And the same is also to be vnderstood touching the corporall punishment of Ananias and Saphira to wit that Saint Peter vsed therein his extraordinary Apostolicall power as I obserued aboue out of Abulensis 76 Neither doe S. Chrysostome S. Hierome or S. Augustine say any thing contrary to this For all that can be gathered from their wordes is onely this that the iudgement of S. Peter was terrible and that they deserued the sentence of the Apostle and that the binding of Ananias and Saphira with the bond of death did proceed from Apostolicall authority but that this their sentence iudgement and the binding of them with the bond of death did proceed from ordinary Apostolicall authority this cannot any way be gathered from the words of those holy Fathers but rather the flat contrary Chrys hom 12 in Act. For S. Chrysostome doth attribute their punishment to a great miracle both in regard Saint Peter knew their thoughts and what they had done priuily and also for that hee killed them by the commandement of his word And Saint Hierome Hieron epist 8 ad Demetriad although he deny that Saint Peter commanded or desired their death yet he attributeth that sentence of the Apostle to a miracle and to the spirit of Prophecie The Apostle Saint Peter saith he doth not wish their death as foolish Porphyrie doth calumniate but with a propheticall spirit he foretold the iudgement of God that the punishment of two might bee a doctrine to many So likewise the Author de mirabilibus S. Scripturae doth attribute their punishment to a miracle and to the Apostolicall virtue of Christ and to the same power whereby hee raised Tabitha from death which words Mr. Fitzherbert was willing to conceale August serm 204. de tempore qu●est sermo 3. in Dom. 4. post Trinit 4. Reg. 2. And Saint Augustine himselfe compareth this fact of Saint Peter to that of Helizaeus at whose
doers but those also that consent to them And a little beneath And these are not to be admitted to the accusing of any man nor the word of thē or of excommunicated persons can hurt or accuse any man 49 But this authority of Pope Calixtus and all other such like as of Pope Anacletus Pope Pius and others related by Gratian 3. q. 4. are easily answered For as there are two sorts of Lawes Courts or Tribunals the spirituall the temporall so also there are two sorts of infamie as infamie is taken for a penalty ordained by the law f Vide Siluest verbo infamia Greg. Tholo in Syntag Iuris lib. 31. cap. 29. num 7. and other Doctors Cod. ex quibus causis infamia irrogatur ff de ijs qui notantur infamiae the one is called infamia iuris Canonica infamie of the spirituall Court by vertue whereof the person made infamous is depriued and made incapable of spirituall dignities and his word or testimonie is of no force to hurt any man in this spirituall Court and for as much as concerneth spirituall dignities punishments or Censures and of this infamy the aforesaid decree of Callixtus and all other Ecclesiasticall Canons made by spirituall authority wherein the penalty of infamie is inflicted are to be vnderstood The other infamie is ordained by the Ciuill law and is called by the Lawyers infamia iuris Ciuilis infamie of the Ciuill law or Court by vertue of which the person made infamous is depriued or made incapable of Secular dignities and his testimonie is not admitted to hurt any man in the Ciuill and criminall Court and for as much as concerneth temporal dignities and temporal punishments And of this ciuill infamie the words of Pope Calixtus are not to be vnderstood Neither can any man be so senselesse as to conceiue that the Popes of the primitiue Church declaring those to be infamous and not to bee admitted to accuse or giue testimony against any man who did forsake the Christian Religion became Apostataes and made conspiracies against Bishops and excommunicated persons did intend to make them incapable of Secular dignities and not to be admitted to accuse or giue testimonie in the Secular Court wherein the Popes themselues and all Christians were punished and persecuted for Christian Religion and Apostataes and accusers of Bishops were rewarded 50 The second conuincing proofe that the Popes of the primitiue Church in the time of the Pagan Emperours did not onely command but also ordaine temporall punishments Mr. Fitzherbert bringeth from the authority of Pope Vrbanus g Epist Vrbani tom 1. Concil 17. q. 4. can Attendendum est And his Successour Vrbanus saith he h Pa. 161. nu 9 ordained in like sort the penaltie of infamy adding also imprisonment and perpetuall banishment for such as should goe about to vexe and molest Churches and to depriue them of their goods and possessions But this proofe is as insufficient as the former First for that this Epistle of Vrbanus is not authentical but counterfait and falsly imposed vpon Pope Vrbanus as may euidently appeare by the subscriptions of the Consulls to wit of Antoninus and Alexander whereas it is euident as Baronius i Adamū 224 and other Historiographers doe witnesse that Antoninus was slaine in the fourth yeere of Pope Callixtus in the yeere of our Lord 224. two yeeres before Vrbanus was created Pope 51 Secondly for that it is also euident that the whole Canon Attendendum wherein the penaltie of infamy imprisonment and of perpetuall banishment is ordained as it is set downe 17. q. 4. by Gratian hath beene thrust in by some one or other to this Epistle for that it hath no coherence at all with the words of the Epistle which immediately follow wherein the reason of this decree is giuen whereas if the whole Canon Attendendum be left out the sense is perfect and the reason there alledged very apt and sufficient For what coherence I pray you is there betwixt these words of this Canon that if any man molest Churches he shall be condemned of perpetuall infamy and hee imprisoned and banished for euer with these words which in the Epistle immediately follow because we ought according to the Apostle to deliuer such a man to Sathan that the spirit may bee safe in the day of our Lord c. Which neuerthelesse is a very fit reason of that which immediately goeth before this whole Canon Attendendum to wit that Church-goods ought not to be taken away by any man and applied to prophane vses least they incurre the punishment and death of Ananias and Saphira and which is worse bee made Anathema maranatha and if they shall not fall dead in body as Ananias and Saphira did yet there soule which is of more worth then the body doth fall dead and be separated from the company of the faithfull and doth slide into the deepe pit of hell because according to the Apostle wee ought to deliuer such a man to Sathan c. which wordes as you see haue a perfect sense and giue a very fit reason of the former words if the whole Canon Attendendum be left out and with it there is no sense and coherence of the words at all 52 Thirdly what man can be so simple as to imagine that either Pope Vrbanus or any other Pope of the primitiue Church in the time of the Pagan Emperours when not onely the goods of the Church were prophaned taken away and spoyled but also the Christians themselues imprisoned banished and put to cruell death would make a Decree that whosoeuer did take away or prophane the goods of Churches should be committed to prison or perpetually banished euen as if Mr. Arch-Priest should now make a decree that whatsoeuer Catholike shall take the oath of allegiance or repaire to Protestant Churches shall be imprisoned or perpetually banished and yet these in my Aduersaries iudgement are forsooth conuincing proofes Neuerthelesse this punishment of infamy is to be vnderstood as I shewed before of spirituall infamy to wit forasmuch as concerneth the spirituall Court and the penaltie of perpetuall banishment is to bee vnderstood of spirituall banishment or of banishment from the Church as it is expresly affirmed in the decree of his Predecessour Pope Callixtus And therefore Mr. Fitzherbert may vse some fraud in vrging from the decree of Pope Vrbanus the penaltie of banishment and in concealing the said penaltie in the decree of his Predecessour Pope Callixtus who in expresse words made mention of banishment from the Church 53 The third conuincing proofe Mr. Fitzherbert taketh from the authority of a Prouinciall Councell k pag. 162. nu 9 held at Eliberis l De Consecrat dist 1. can Omnis homo in Spaine in the time of Constantius father to Constantine the great Galerius which enacted that men should abstaine from their wiues not only some daies before they receiued the B. Sacrament m Barchard l.