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A17976 Iurisdiction regall, episcopall, papall Wherein is declared how the Pope hath intruded vpon the iurisdiction of temporall princes, and of the Church. The intrusion is discouered, and the peculiar and distinct iurisdiction to each properly belonging, recouered. Written by George Carleton. Carleton, George, 1559-1628. 1610 (1610) STC 4637; ESTC S107555 241,651 329

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consecration of Aaron and his sonnes is done altogether by Moses These things though they make faire shew for the Princes Iurisdiction Ecclesiasticall ouer Priests yet wee purpose not to stand vpon them 3. But when the Priest was once consecrated and ordained and all things fully perfected concerning his function and two seuerall and distinct functions set vp then will appeare without faile in Moses his successors the right of Princes in Aaron his successors the right of Priests After all things thus perfected we finde that all the lawes which in truth proceeded originally from God were established by the authoritie of Moses and this we finde true not onely in Iudiciall and Ciuill Lawes which were to rule that state but euen in ceremoniall and Morall Lawes which were to rule the Church There is not so much as one ceremoniall law established by the authoritie of Aaron but in all the name and authoritie of Moses is expressed only we finde concerning Aaron that if any doubt in the lawes ceremoniall did arise for the interpretation of those lawes and of such doubts the high Priest must sit as iudge For the people are charged in matters that are hard to consult with the Priest and ciuill iudge Deut. 17. 8. c. Which the learned interpreters vnderstand thus that if the cause be mixt partly Ciuill partly Ceremoniall or doub●…full that then both the Ciuill Magistrate and the Priest must iointly determine it but if the people haue distinct causes some Ciuill other Ceremoniall the Ciuill Magistrate must iudge the causes Ciuill and the Priest must iudge the causes Ceremoniall from the consideration of which place we may drawe certaine inferences 4. First all Lawes euen Ceremoniall that is Lawes whereunto Spirituall or Canon Lawes are answerable are established by the authoritie of the Ciuill Magistrate This taketh away all authoritie of the Popes Canon law in all Christian kingdomes where it is not established by the authoritie of Kings in their kingdomes For it is against all rea●…on and rules whether we looke vpon the light of nature or vpon the Scriptures or the lawfull practife of authoritie since the Scriptures were written that any Lawes should be imposed vpon a Prince against or without his consent as the Popes haue indeuoured to impose the Canon Lawes vpon Princes And this appeareth in the practise of Christian Magistrates so long as lawfull authoritie stood up without confusion in the world But heere we consider the fountaine of that practise which was from Gods Law wherein we see all Lawes confirmed and established by the authoritie of the Ciuill Magistrate And if it could bee prooued that in some Lawes Ceremoniall the authoritie of Aaron was requisite yet this helpeth them nothing that plead for the Popes Canons For these men would impose these Canons vpon Princes without their consent but in all these Lawes of Moses wherein is a perfect patterne for all law-makers they cannot shew one Law though neuer so nearely concerning the Church which is established without the authoritie of Moses the Ciuill Magistrate If they obiect these things were all done by an especiall commaundement of God I aunswere this doth more establish the authoritie of Princes and confirme our purpose for let them aunswere why God would haue all these things established by the Ciuill Magistrate and not by the Priest This then maketh a greater and clearer confirmation of the Princes right Then the Church may interpret Scripture determine controuersies of faith but cannot establish a Law the reason is because for the establishing of Lawes coactiue power is requisite which is in the Ciuil Magistrate not in the Church And therefore the Canon Lawes can haue no force of lawes but as they are receiued and established by Princes in their seuerall kingdomes For neither can the law haue the force of a law without coactiue power neither hath the Pope any coactiue power in the kingdomes of other Princes but onely in such places where himselfe is a Temporall Prince 5. Secondly we obserue that the high Priest is appointed by God a iudge for interpretation of those lawes that concerne the Church in questions of conscience in causes mixt or doubtfull This might moderate the humours of some who in loue to innouation would leaue no place of iudicature to Ecclesiasticall persons for these things are insert into Moses lawe taken from the law of Nature and not as things Ceremoniall which thing is apparant from the end vse and necessitie thereof for the things which had a necessary vse before the written law and must haue a necessary vse after the abrogation of that law must be acknowledged to be taken from a perpetuall law because there must be a perpetuall rule for a perpetuall necessity This then being perpetuall and necessary matters of question and of Ecclesiasticall audience still arising the hearing and iudging of such things belong to such as are most skilfull in those affaires And hence is the iudicature of fuch things assigned to the Priest which right of Ecclesiasticall iudgements and courts standeth no lesse now due to them in the time of grace then it was under the law because this office in iugdeing hearing and determining is not heere giuen to Priests as a thing Ceremoniall but as I haue declared deriued from the law of Nature as a perpetuall seruice for a perpetuall vse 6. Thirdly we consider that the lawes Ecclesiastical are established by the authoritie of the Ciuill Magistrate but for interpretation of them the Priest is appointed to iudge Hence riseth the ground of Iurisdiction both Temporall and Spirituall wee consider Iurisdiction here as our question importeth authority coactiue in externall iudicature in the execution of lawes The fountaine of this authoritie is in him principally by whose authoritie the law is established and without whose authoritie it is not The execution of this authoritie is in them that are appointed iudges And heerein there is no difference betweene Temporall and Ecclesiasticall authoritie I speake not nowe of Spirituall gouernment by the lawes of God executed within the court of Conscience but of Ecclesiasticall gouernment in the execution of lawes Ecclesiasticall wherin there is vse of coactiue power These two things being in themselues and in nature so distinct if this one distinction might be remembred it is ynough to aunswere all the confused collections of that Catholike Diuine who wrote of late against the fift part of Reports of the Lord Cooke For all that hee writeth there resting vpon no other ground then vpon the confounding of Spirituall and Ecclesiasticall power is answered in one word by this one poore distinction betweene these two powers Now the distinction is apparant because in Spirituall gouernment there is no coactiue power but in Ecclesiasticall iudicature there is coactiue power which maketh an euident and famous difference in Iurisdiction because this is most certaine that all that Iurisdiction wherin coactiue power is vsed is from the Ciuill Magistrate Then if these two
this power coactiue though they had vsurped many parts thereof 18. A third reason to prooue this authoritie to bee in the Ciuill Magistrate is as I teached before confirmed by the right of Appellations For in matters of coactiue Iurisdiction a man might appeale from the high Priest to the King as Saint Paul did to Caesar which was vtterly vnlawfull for him to doe vnlesse he might as lawfully haue appealed to a King if that state of Israel had then beene ruled by a King as at other times it was For that right which Saint Paul giueth to Nero to heare Appellations he would vndoubtedly yeeld to Dauid or Ezek●…as or any other godly King in his owne Dominions Wherefore it followeth that either Saint Paul must be condemned for yeelding an vnlawful power to Emperors or Kings must haue the same priuiledge which thing being admitted in matters Ecclesiasticall doth inuincibly prooue the Kings Iurisdiction in such matters The same thing is also confirmed from those words of the Apostle he is the minister of God and he beareth the sword If the Magistrate be the minister of God then he hath full authoritie and Iurisdiction from God whose minister and vicegerent he is if he beare the sword hee hath all power coactiue for coactiue power doth alwayes follow t●… sword which God hath giuen to the Ciuill Magistrate to beare Therefore Ioh. Chrysosto●… saith Regi corp●…ra commissa sunt sacerdoti anim●… re●… maculas corporum remittit sacerdos maculas peccatorum ill●… cogit hic exh●…rtatur ille habet arma sensibilia hic arma spiritualia H●…m 4. de verb. Esa. vidi dom Then the true difference betweene the Magistrate and the Priest concerning this point is Ille cogit hic exh●…rtatur so that coactiue power is left wholy to the Magistrate Ambros●… likewise speaking of the authoritie of the Church and of Bishops saith Coactus 〈◊〉 n●…n noui arma enim nostra preces sunt 〈◊〉 ●…at i●… Aux●…t where he declareth the difference betweene these two powers leauing nothing to the Church but preces 〈◊〉 wherin there is no coaction In which sense Thomas Aquin●…s faith vindicta quae fit auth●…ritate publicae potestat●… s●…cundum 〈◊〉 iudicis pertieet ad iusticiam commutatiuam 2. 2. qu. 8. art 1. Therefore vindicatiue power or coaction belonges not to the Church but the Magistrate that exerciseth co●…utatiue iustice 19. In regard of which high power Princes are called Gods I haue said you are Gods And because an aduersarie of late hath told vs that this name is giuen aswell to Ecclesiasticall gouernours as to Kings we reply that it cannot be shewed that this name is giuen to Ecclesiasticall gouernours but either where such gouernours haue receiued authoritie from the Ciuill Magistrate or where themselues are the chiefe Magistrates so that it is a name giuen in respect of Soueraigne power For to manifest the Soueraigne emmency of the Prince compare the Prince and Priest tog●…ther and by this comparison wee shall euidently know the truth for we find the Prince called a God not onely in respect of the people but in respect of the Priest also Where the Lord himselfe speaketh to Moses of Aaron comparing their power and offices together he saith thus He shall be thy spokesman vnto the people and he shall be as thy mouth and thou shalt be to him in stead of God In this comparing of these two great offices Moses is the directour Aaron the interpretour and preacher Where the Prince or Soueraign Magistrate is called a God not onely in respect of the people as in diuers other Scriptures but in respect of the Priest thou shalt be to him euen to Aaron as a God We find then that the Prince is called a God in respect of the Priest but we can neuer find that the Priest is called a God in respect of the Prince This declareth a Soueraigne authoritie of the Prince in matters of God and of Gods true Religion For he who by his office is to establish true Religion in his dominions doth heerein represent a liuely ex●…mple both of the goodnesse and power of God and therefore Magistrates are called Gods as being Gods Vicegerents for establishing of true Religion 20. And this our Sauiour Christ confirmeth for whereas Psal. 82. They are called Gods I haue said you are Gods Our Lord expoundeth that place declaring in what sense they are so called For he saith If he called them Gods vnto whom the word of God was giuen and the Scripture cannot be broken c. Then the Magistrates who are here called Gods are such to whom the word of God is giuen For further declaration of the truth let this question be demaunded to whom is the word of God principally giuen to whose Soueraigne custodie is the word of God committed The words of our Sauiour Christ containe an aunswere to the Ciuill Magistrate For it is certaine that all that Psalme whence Christ taketh those words is wholly and intirely vnderstood of the Ciuill Magistrates and not of Priests or Ecclesiasticall gouernours Why then and is not the word of God giuen to Ecclesiasticall gouernours aswell as to Kings Yes verily but diuersly for to Ecclesiasticall gouernours the knowledge of the word is giuen to publish by preaching For the Priests lippes shall preserue knowledge and they shall seeke the law at his mouth for hee is the messenger of the Lord of hostes Then if the question be asked to whom is the word giuen by the way of knowledge to preach and publish it The answere is to the Priest but Christ speaketh not here of that manner of giuing the word but he toucheth that Commission which is giuen to Magistrates For to Magistrates it is not giuen by way of especiall knowledge to preach it but by way of an especiall commission to keepe it to establih it by authoritie to command obedience vnto it and to punish the violatours of it This is the authority of a Christian Prince for he hath called them Gods to whom the word was giuen Whom hath hee called Gods Ciuill Princes for of such onely of such that Psalme speaketh Why are they called Gods Because they are Gods vicegerents by their authority to establish Gods word Therefore they are acknowledged to bee custodes vt●…insque tabulae for which cause it was an ancient ceremony in the Church of Israel that at the Kings Coronation the Booke of God should be giuen into the hand of the King as we read in the Coronation of Ioash Which thing is confirmed by a commaundemant in the Law why was this thing so solemnly commanded so religiously preached but to shew that God hath committed the care of Religion principally to the King that by the vtmost of his power and authority it might be established in his Dominions 21. This doth proue that Moses was a Prince and not a Priest and Aaron a Priest but not a Prince because Moses