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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
truth_n	worthy_a	write_n	write_v	27	3	4.7869	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

subiect to the Temporall authoritie of secular Princes in those seuerall Countries wherein they liue and are punishable by the said Princes as well as other lay subiects in all cases that are not meerclie Spirituall Chap. 34. He returnes to the particular answere of Bellarmine his argument and sheweth that Excommunication workes onely so farre as to exclude from the companie of the faithfull but not to depriue Princes of any temporall estate Chap. 35. He propoundeth certaine reasons of Nicholas Sanders which had been omitted by Bellarmine for the establishing of the Popes temporall authoritie ouer Princes Chap. 36. He answereth the said reasons of Sanders touching Samuel and Saul 2. Touching Ahias the Shilonite 3. Touching Elias 4. Touching Elizeus his sword as reasons forged either of malice against the Prince then with whom he was angrie or of affection to the then Pope or some other fume of braine they haue so small colour to proue his purpose Chap. 37. He discusseth other examples alleaged by Bellarmine and first that of Ozias the King of Iuda and herein he taxeth Bellarmine his slight dealing to transcribe out of other mens collections such matters as they haue either negligently or maliciouslie wrested against the direct and pregnant storie of the Scriptures as appeareth in this example Chap. 38. He discusseth another example touching Athalia and Ioiadas the high Priest which hee sheweth to bee 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and nothing attailing to conclude his purpose Chap. 39. He discusseth a third example from Ambrose Bishop of Millane and Theodosius the Emperour and maketh it plaine how little it makes for the Popes authoritie temporall ouer Emperours and Kings Chap. 40. Hee answereth Bellarmines examples of the latter Popes first by way of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or preuention out of Sotus That the act of Popes makes not an Article of the faith Secondly by the testimonie of Platina he conuinceth the whole storie related by Bellarmine touching Pope Gregorie the 2 and Leo the 3 Emperour of vntruth Chap. 41. He answereth another instance of Bellarmine touching Pope Zacharie and Chilperique King of France the very explication of which whole businesse is refutation sufficient to frustrate Bellarmine his purpose in alleaging the same to winne any temporall authoritie to Popes ouer Christian Princes GVIL BARCLAII I. C. Of the Authoritie of the Pope whether and how farre forth he hath power and authoritie ouer Temporall Kings and Princes Liber Posthumus MAny men haue written of this Argument especially in our time diuersly and for diuers respects but none more learnedly and cleerely then the most woorthie Cardinall and most learned Diuine Rob. Bellarmine in those bookes which he hath written of the chiefe or Romane Bishop Who as he hath notably prooued the Spirituall and Ecclesiasticall power of the Bishop of Rome so if he could haue confirmed with more sound weight of authorities and reasons that temporall power which hee affirmeth out of the opinion of certaine Diuines that hee hath there were nothing in that Treatise which might iustly be reprehended or required by any man If therefore many both Diuines and Ciuilians one after another haue emploied themselues in the discussing of this question and the iudgement of the former writers thereof hath beene no preiudice to the opinion of them which followed why should not I also since I haue spent my time in this studie challenge after a sort by a peculiar interest some place in the searching of the truth it selfe But before I beginne to shew what I thinke of this matter there must some care and diligence be vsed by me by way of Prouision Least either any weak ones should conceaue any scandall who esteeme the Pope to bee a God who hath all power in heauen and earth that I may vse Gerson● words or any aide seeme to come to the calumnies of the Nouators wherewith they prosecute the Apostolike sea that they might depriue the chiefe Pastor of souls of all his authoritie Therefore the Reader must vnderstand thus much that I doe beare to that Sea all reuerence good will neither do goe about either here or any where else to diminish any thing of the power and dignitie due to the Vicar of Christ and the successor of the holy Apostles Peter and Paul by whose patronage I doe piously and plainly perswade my selfe that I am daily assisted but that I haue this purpose onely to search without all guile deceit without loue and hatred what and how great that power is which all Christians ought to acknowledge in the Bishop of Rome that is in the chiefe Bishop and Pope as they call him and without those assertions which wrest mens mindes to one side or other that I onely haue God before mine eies least at the returne of the Lord I be challenged either for the vnprofitable emploiment or the hiding of my talent Therefore I desire them who haue written before mee of a good minde as I suppose that they take it not in scorne or anger if I depart from their opinion For as I may say with S. Augustine wee ought not to esteeme euery mans disputation although they bee Catholike and praise woorthie as if they were Canonicall Scriptures as though it were not lawfull for vs sauing the reuerence which is due vnto them to mislike and refuse some things in their writings if perhaps wee shall finde that they thinke otherwise then the truth beares being by the helpe of God vnderstood by others or by our selues As I my selfe am in the writings of other men so would I haue the vnderstanding Readers to bee in mine that they would either curteouslie admit or with reason reprehend But to the matter There is amongst Catholikes for what others thinke I force not a whit but those too much addicted to the Pope a twofold opinion touching this question one is of the Canonists who affirme that All rights of heauenly and earthly gouernment are granted by God to the Pope and that whatsoeuer power is in this world whether Temporall and Ciuill or Spirituall and Ecclesiasticall is conferred by Christ vpon Peter and his successors to which principle they doe easily draw any thing so often as any disputation ariseth touching the absolute power or as they vse to speake touching the fulnesse of the power of the Pope The other is the opinion of certaine Diuines who do iustly dislike this ground of the Canonists because it is not cleerely prooued either by authoritie of Scripture nor tradition of Apostles nor practise of the auncient Church nor by the doctrine and testimonies of the auncient Fathers Therefore these doe by most sound reasons conuince their opinion I meane of the Canonists but yet in such manner as that by the losse of that the Pope looseeth neuer a whit the more of his temporall interest and power but they see that safely bestowed and doe preserue it safe and sound for him For they hold thus That the Pope as Pope hath not

thought that that excellent Diuine had not sufficiently inough satisfied his ambition when as notwithstanding hee had giuen him a great deale more then he should haue done Besides all these reasons this is somewhat that the chiefe dutie of a story writer consisteth in reporting not in iudging in which regard many who excelled more in remembrance of things done then in iudgement of them applied their thoughts to the historicall narration and contenting themselues with the paked and simple relation onely of all occurrents did leaue indifferent the equity thereof to all mens censures Therefore although wee owe to those men the true knowledge and faithfull report of matters passed which they in their writings reserued and conuaied to posterity yet we apprehend and receiue the equity and iustice of those actions not from the commendation of the writers but either from the authority of the scriptures or traditions of the Apostles or the ancient decrees of the Church or lastly from the right rule of naturall reason And so here will be the point alwaies to enquire and examine the equity of euery action and to search diligently not what the author of a story hath praised or dispraised but what ought to bee praised or dispraised by good right and desert Therefore I stand not much vpon examples which neither are found and commended in the Scriptures nor are not proued to be worthy commendation by some of those waies at the least which we haue set downe For assuredly it is a very dangerous matter for a man to propound to himselfe examples to imitate being not before weighed in this ballance and by these waights seeing that they that apply themselues to reade monuments of antiquity shall more often light vpon more euill examples then good and vertuous For which cause the Emperour doth grauely admonish all Iudges non exemplis sed legibus esse iudicandum and that in all businesses they ought not to follow that which hath been by great Magistrates before them sed veritatem legum iustitiae vestigia These considerations aduise me not to dwell verie long vpon the prolixe and exquisite discussion and examination of the rest of the Examples produced by Bellarmine vnlesse I shall obserue peraduenture that there is somewhat couched in them whereby the vnwary Reader may be ensnared vnder a pretence and opinion of a truth Therefore for some of them let vs see which and what they be The fift is of Gregory the II. saith he who forbad tribute to be paid by the Italians to the Emperour Leo the Image-breaker being excommunicate by him and by that meanes cut a part of his Empire from him Surely I thinke in this example the truth of the businesse as it passed is not set downe although I know it is so reported by certaine Writers of storie And that which induceth me to thinke so is both the excellent learning of that Pope ioined with a speciall integritie of life and also the testimony of Platina in this matter who amongst all the worthy actions of that Pope reporteth this that by his owne authoritie hee withstood the Italians being willing to fall away from that impious Prince and to chuse another Emperour ouer them For so writeth Platina But then the Emperour Leo the Third when hee could not openly inueigh against the Pope publisheth an Edict that all they who were vnder the Roman Empire should dispatch and carrie cleane away out of the Churches the Statues and Images of all Saints Martyrs and Angels to take away Idolatrie as he said and he that did otherwise he would hold him for a publike enemie or Traitor But Gregorie doth not onely not obey so great impietie but also admonisheth all Catholikes that they would not in any sort commit so great an errour through the feare or Edict of the Prince With which cohortation the people of Italie was so encouraged that they went very neere to chuse another Emperour but Gregorie laboured with all the power he could that it should not be And Platina addeth that this Pope as a most holy man often admonished the Emperour by Letters that he would let goe the errours of some ill disposed persons about him and embrace the true faith at the length and that he would forbeart to destroy the Images of the Saints by whose memorie and example men might be stirred vp to the imitation of vertue I doe giue credit to this Author in this point aboue other more ancient Writers especially strangers the rather for that he by the Commandement of Sixtus Quintus a Pope hath written the Popes liues and that at Rome where he was furnished with many helpes of ancient Monuments to finde out the truth of matters that passed in the Citie and in Italie which others wanting as appeareth did receiue nothing but vncertain reports and scattered rumours of men who many times report that to be done which they would faine haue done for a certaine and cleere truth If Platina had in silence passed ouer the former part of the storie surely hee had confirmed as it were by a secret consent the opinion of these men who haue otherwise written of Gregorie But seeing that hee was not ignorant that they had written so being a man much conuersant in those stories and yet notwithstanding doth with a plaine contradiction impugne their opinion it is very probable that hee had farre better and more assured testimonies in the relation of those things which were done by this Pope Wherefore it seemeth more reasonable and more agreeable to the truth to follow Platina in this matter and to note a lie in the writings of Zonaras seeing it is prooued in experience that they are deceiued many times who from the relation of others doe commit to writing the sayings and doings of people that liued farre from them then to blot the innocent life of an excellent Pope with a filthie spot of iniustice and rebellion For albeit it bee true that according to his spirituall authoritie ouer all hee might worthily excommunicate this Emperour yet he might not prohibit that the people being subiect to the Romane Empire should not giue tribute to Cesar or pay their customes to the Emperour so long as he continued Emperour without the manifest breach of the Law of God and of the Doctrine of the Gospell And it is certaine that this Leo although impious continued Cesar vnto his death not deposed from his Empire either by the people or by the Pope Therefore I say that it is false which the Magdeburgers Centuriators doe write that this Pope who was famous both for Doctrine and life was a Traitour to his Country I say also that it is false which Bellarmine propounds in the former example that the Pope did set a Fine or Mulct vpon Leo Isaurus Iconumachus to a part of his Empire for hee practised no mischiefe as appeareth by this storie of Platina neither against the Country nor against the Prince Now followeth the sixth CHAP. XLI

directly any temporall power but onely Spirituall but that by reason of the Spirituall hee hath at least indirectly a certaine power and that verie great to dispose of the Temporalities of all Christians And so looke what they doe allow the Pope by a direct course the same doe these men giue him by an oblique and indirect meanes so as the meanes onely is diuers but the effect is the same For my part when I consider of this question I finde that neither of their opinions as touching the temporall power hath any certaine ground and yet if they be compared together that the Canonistes opinion may more easily be maintained then the Diuines especially seeing it is not contrary to the order of nature according to which a man by his right exerciseth authoritie granted vnto him ouer others and therefore it containes nothing vnpossible But the opinion of the Diuines as it is propounded by their owne side ouerturnes the naturall course of things which willeth that no man vse any power or authoritie ouer others which is neither by name granted to him nor is any whit necessary to the effecting of those things which are committed to his trust Therefore these Diuines do indeed very well refute the opinion of the Canonists but for all that with their leaue they thinke not a whit the better themselues whereby a man may see how much more easie it is to finde an vntruth in other mens writings then to defend a truth in his owne There is also euen amongst themselues a contention touching this point For many of them haue ioined themselues with the Canonists either for that they are deceiued with a shew of truth or that bearing too much and that a very blind affection to Peters Sea which indeed is woorthy all honour they would also grace it with this title of Power and Dignitie or being obliged by some speciciall fauors of the Popes haue by this endeuor of thankfulnes desired to draw their good opinions close to themselues I will not say to gaine them through this vnreasonable flattery of theirs And amongst these is one who being lately sprung out of the Congregation of the Oratrie hath stept foorth as a sharpe Abettour for the Canonists aboue other men Whom therfore a learned man a famous preacher as any is amongst the Iesu●tes when I asked him what he thought of this opinion of Bozius hee called him a Popes parasite For in his books he doth earnestly maintaine That all Kingly power and authoritie and Lordship of al things which are in earth are giuen to the Bishop of Rome by the Law of God and that what power soeuer whersoeuer in the world temporall Kings and Princes aswell beleeuing as vnbeleeuing haue doth wholly depend of the Pope and so farre as concernes temporall execution is deriued from him to them So that he as the Lord of the whole world may giue and take kingdomes and principalities to whom and where he will although no man knowes why he doth so And therefore saith he he might adiudge and bequeath the West Indies of Castile and the East Indies of Portingall although all men vnderstand not the coherence of the reason whereby they were disposed as wee said before And therefore being emboldned with a confidence of maintaining this opinion he doth greeuously accuse many excellent Diuines amongst whom is that worthy man Bellarmine who can neuer woorthily be commended cals them new Diuines affirmeth That they teach matters that be notoriously false and contrarie to all truth because they say that Christ as man was not a temporall king neither had any temporall dominion in earth nor exercised any kingly power for by these assertions the principall foundations of Bozius his dotages are ouerthrowen when as these great Diuines affirme that they are most true and confirmed by the owne testimonie of our Sauiour The Foxes saith he haue holes and the birds of heauen nests but the Sonne of man hath no where to lay his head Where then is his kingdome where is his Temporall dominion who can conceiue and imagine that there is a king or a Lord who hath neither kingdome nor Lordship in the vniuersall world We know that Christ as he is the Sonne of God is King of glorie the King of Kings the Lord of heauen and earth and of all things raigning euerlastingly together with the Father the holy Spirit But what is this to a Temporall kingdome What is this to a crowne and scepter of a temporall Maiestie Certainly I haue perused all that Bozius hath deliuered to this purpose but I haue not found any sound reason for the confirming of his purpose nothing that was not corrupted with the mixture of fallaries and sophistication nothing grounded vpon ancient and approoued authorities nothing but depraued with a glosse of a deuised interpretation Before this time Henricus Segutianus Cardinall of Hostia was intangled with the same errour whose new and strange opinion at that time is thought within a while after to haue inflamed beyond all measure as it were with new firebrands of ambition Boniface the 8. a man exceeding desirous of glorie But the case is at this time very well altered because that opinion of Hostiensis which afterwards the Canonists followed Bozius now embraceth is vpon very grounded reason condemned by certaine Diuines And also for that the Church of God hath at this day such a chiefe Bishop I meane Clement the eight who sheweth himselfe to the world so excellent and admirable not onely in pietie learning but also in humility iustice charitie and other vertues worthy so great a Pastor that we need not feare least such a Bishop should bee so stirred and infected with a vaine opinion which is vnderpropped onely with fooleries and snares of words that hee should challenge to himselfe any thing which of due belonged not vnto him Neither had Bozius offered so rash assertions to so great a Bishop but that impudencie dare doe anything It were time ill spent to touch seuerally vpon all his errors and fopperies Onely least I should seeme for mine owne pleasure onely to haue found fault with the man I will lay before you one instance of his foolish and quirking dealing that the Reader may iudge of the beast by his Loose CHAP. II. FIrst of all we must vnderstand that those two powers whereby the world is kept in order I meane the Ecclesiasticall and the Ciuill are so by the law of God distinguished and separated that although they bee both of God each of them being included in his bounds can not by any right enter vpon the borders of the other and neither haue power ouer the other as S. Bernard truely and sweetly teacheth in his first booke de Consider ad Eugenium and amongst the later Diuines Iohn Driedo And the woorthy Hosius Bishop of Corduba writing to the Emperour Constantine an Arrian doth euidently declare the same difference of

whence was that of his who was both King and Prophet against thee only haue I sinned And afterward For where as according to the Apostle it is a fearefull thing for euery man to fall into the hands of the liuing God yet for Kings who haue none aboue them besides him to feare it will be so much the more fearefull that they may offend more freely then others I can call in more and that very many to testifie the truth of this matter but what needs any more In the mouth of two or three witnesses let euery word stand If the assertors of the contrary opinion can bring forth so many testimonies of ancient fathers or indeed but any one wherein it is expresly written that the Church or the supreme head thereof the Bishop hath temporall power ouer secular Kings and Princes and that he may coerce and chastise them by temporall punishments any way either directly or indirectly or inflict any penalty either to the whole Kingdome or any part of it I shall be content that the whole controuersie shall be iudged on their side without any appeale from thence For indeed I desire nothing so much as that a certaine meane might be found by which the iudgement of the contrary side might be clearely confirmed But while I expect that in vaine in the meane time the truth caries me away with her conquered and bound into the contrary part Therefore I demand this now of the aduersaries whether it be likely that those ancient and holy fathers who haue written of the great power and immunity of Kings and Emperors were so negligent that of very carelesnesse they did not put in mind the Princes of their time of this temporall power of the Pope or that they left not this remembrance if they made any consigned vnder their hands in writing To the end that Princes should feare not only the secret iudgements of God but also the temporall iurisdiction of the Church and Pope by which they might be throwen downe from their seates so oft as the Church or the Pope who is the head thereof shall thinke it fit in regard of religion and the common weale certainly to be silent and to haue concealed so great a matter if it was true was to abuse Kings and Princes whom they had perswaded both by writings and preachings that they could be iudged by God only in temporall matters Or shall we imagine that they were so vnskilfull and ignorant of the authority of the Church that they knew not that it was indued with such a power Or in a word that they were so fearefull and narrow minded that they durst not tell the Princes that which they knew If none of these things can be imputed and charged on those ancient fathers why I pray you should we now embrace any new power which is grounded vpon no certaine either authority or reason but in these last ages deuised and thrust vpon the people by certaine fellowes who are seru●ly and basely addicted to the Pope and so lay a new and strange yoke vpon Princes CHAP. IX I Haue already plainly shewed that the last part of the second reason of the Aduersaries is most false which is That the Church therefore tolerated Constantius Iulianus Ualens and other heretike Princes because she could not chastise them without the hurt of the people Now will I prooue that the latter part is euen as false to wit that Henrie the IV. Emperour and other Princes ouer whom the later Popes haue arrogated to themselues temporall power might be coerced and chastised by the Church without hurt of the people Which before that I take in hand I doe hartely request not onely the friendly Reader but euen the Aduersaries themselues that the question being discussed they would weigh with themselues and iudge truly and sincerely whether it were not more easie for the Church to punish those first Princes by the aforesaid waies and meanes then to reduce into order the said Henry the IV by Rodolphus the Sweuian or Philip the Faire by Albert of Austria Of whom the one scorned and repressed the arrogancie of the Pope the other after diuers battles fought with diuers successe at the length in the last battle defeated his Competitor and Enemie whom the Pope had set vpon him and as for the Pope of whom he was excommunicate he banished him out of Rome and plagued him with perpetuall banishment With how great hurt and spoile to the people the Pope laboured to execute that temporall power vpon He●ry the XII O●to Frisingen witnesseth whom Bellarmine worthily calleth most Noble both for bloud and for learning and for integritie of life● who write of the Excommunication and deposition of the said Henrie done by Gregorie the VII in this manner I read and read againe the actes of the Romane Kings and Emperors and finde no where that before this man any of them was excommunicate or depriued of his Kingdome by the Bishop of Rome vnlesse any man thinke it is to be accompted for an Excommunication that Philip was for a small time placed amongst the P●nitentiaries by the Bishop of Rome and that Theodosius was ●equestredor suspended from entring into the Church by blessed Ambrose for his bloudie murder In which place it is to be obserued that Otto doth plainly professe that he findes in former ages no example of priuation of a Kingdome although hee propounded these two instances touching Excommunication if not true at least hauing a shew of true ones And afterward within a few lines he writeth thus But what great mischiefes how many warres and hazardes of warres followed thereof how oft miserable Rome was besieged taken spotled because Pope was set vp againe Pope and King aboue King it is a paine to remember To be short the rage of this storme did so hurry and wrap within it so many mischiefes so many schismes so many dangers both of soules and bodies that the same euen of it selfe by reason both of the crueltie of the persecution and the continuance thereof were sufficient to prooue the vnhappinesse of mans miserie Vpon which occasion that time is by an Ecclesiasticall writer compared to the thicke darknesse of Egypt For the foresaid Bishop Gregory is banished the cuie by the King and Gibert Bishop of Rauenna is thrust into his place Further Gregorie remaining at Salernum the time of his death approching is reported to haue said I haue loued iustice and hate ● iniquitie therefore I die in banishment Therefore because the kingdome being cut off by the Church was grieuously 〈◊〉 in her Prince the Church also bereaued of so great a Pastor who exceeded all the Priests and Bishops of Roman zeale and authoritie conceaued no small griefe Call you this to chastise a Prince without hurt to the people They that write that the Bishop of Rome whom they meane in the name of the Church did not tolerate this Emperour because hee could chastise him without

manner of men which might be a scandall to the Laitie as are the faults which are committed of humaine frailety that the same might with more secresie and closenes be amended before their proper Ordinaries nor should not come to the eares of the rude and barbarous multitude which oft times measureth the doctrine by the manners and is accustomed either to disdaine or to scorne and laugh at these maner of slippes in the Clergy And moreouer lest the Cleriques who ought to bee carefull and diligent to maintaine peace and concord and both in word and deede to giue example of charity and patience should seeme by their often haunting and frequenting of secular Courts to shew the way to all manner of strifes and contention Then by these decrees of Councelles there is nothing detracted from the authoritie of the Laickes but that they may heare the causes of the Clergie men For the Fathers did not neither indeed could they forbid that secular Iudges should not iudge and determine of Clergie mens causes being brought before them for that had beene to take from Princes and Magistrates that right and authoritie which the law of Christ doth not permit them to doe but indeed they did forbidde that one Clergy person should not draw an other before those kind of Iudges appointing canonicall or ecclesiasticall punishments against them which did not obey Now this they might appoint iustly and lawfully without wrong or preiudice to any euen as a good Father that hath many children may commaund his children and also forbid them vnder a priuate and domesticke punishment that they doe not contēd before a Iudge about any controuersies amongst themselues but that they cease and lay downe all quarrell and differences vpon the iudgment of their father or brethren and by giuing his children this charge he doth not preiudice at all the authority of lawfull Iudges Euen so the Fathers of the councels haue inhibited their sonnes that is the Clergy men that they should maintaine no action nor question amongst them selues before secular Iudges not by taking away from the Laiques their power to heare and decide of their causes but by abridging the Clergie of their ancient liberty of going so freely vnto them as they vsed to do And this is not to exempt the Clergie from the authority and iurisdiction of temporall Magistrates but only to take a course by which the Clergie hauing businesse with the Clergy may easily attaine their right without so much noise and stirrings in Lay-mens courtes And lest any man should doubt whether these things stand thus or no I thought it worth my pains to set down the very decrees of the Counsels from which because they were not well vnderstoode this errour hath sprung that from thence the Reader may vnderstand the truth of our discourse The first then which decreed any thing touching this point was the 3. councell of Carthage held the yeare of our Lord 397. at which S. Augustine was present and subscribed the same In the 9. can of that councell it is thus written Also wee haue ordained that whosoeuer Bishop Priest and Deacon or Clerke when as a crime is charged vpon him in the Church or a Ciuill controuersie shall bee raised against him if he leauing the Ecclesiastick iudgement shall desire to be cleared by the publique iudgements although the sentence passe of his side that hee shall lose his place and this in a criminall iudgement But in a Ciuill that he foresee that which hee hath wonne if he desire to hold his place still For hee that hath free liberty to chuse his Iudges where hee will hee doth shew himselfe to be vnworthy of the fellowshippe of his brethren who conceiuing meanely of the whole Church sueth to the secular iudgement for helpe Whereas the Apostle commaundeth that the causes of priuate Christians should bee brought to the Church and be there determined Is there any word here whereby it may be gathered by any probable reason that the Councell meant to exempt the Clergie from the iurisdiction of secular Magistrates or doth declare that the Laickes are not competent Iudges for the Clergie Nay it sheweth the direct contrarie viz. that they doe confesse that the secular Iudges may by good right heare and decide the causes of Clergie persons and that they doe not disallow their iudgements as giuen by an incompetent Iudge but that they only endeuour this to restraine the giddinesse and forwardnesse of those Clerickes that when as a cause hath alreadie beene begun to bee debated in the Church forsaking and contemning the Ecclesiasticke Iudges doe submit themselues to the order and iudgement of Laickes in which case the Councell doth not disallow the sentence giuen by a secular Iudge nor pronounceth him to be no competent Iudge but a penaltie depriueth that Clerke of the fruit and benefite of such a sentence by reason of his lewdnesse and disorder Now in that the Fathers of that Councell did at that time acknowledge the Ciuill Magistrates to bee the competent Iudges of Clergy men by that it may bee vnderstood sufficiently that they restrained this their decree to that case wherein a crime is raised vpon a Clearke in the church or a ciuill controuersie set on foot against him Therfore out of these cases it was by this Canon lawfull for the Clergie without offence to prosecute their sutes in a ciuill court and to debate their businesse before a secular Iudge After followed the famous Councell of Chalcedon Ann. Dom 451. which also in the 9. Canon decreeth on this manner If any Clergy person haue businesse with a Clergie person let him not forsake his proper Bishop and runne to temporall iudgements but first let the businesse be sifted by the pr per Bishop or at least by the counsell of the same Bishop they shall receiue iudgement and order from them by whom both parties were content to be iudged If any shall doe otherwise he shall be subiect to the Canonicall consures Obserue how this Councell directeth her speech to the Clergie that they should not leaue their owne Bishops to goe to secular Iudges but not to temporall Magistrates and Iudges that they should not heare Clergie men comming to them and after the cause debated should pronounce sentence according to the course of law compell them to performe the iudgement Therefore by this Canon there is nothing taken from the authoritie of the Laitie For those words of the Canon or Decree Sedprius actio ventiletur apud proprium Fpiscopum doe sufficiently shew that the Fathers of the Councell doe only require that all the causes of Clergie men bee at the first hand examined by the Bishop secondly if there bee cause that they bee carried to the examination of the temporall Iudge For it is not likely or credibl that that word Primum was idly and super fluously set downe by so many worthy and wise men and so that Canon doth wholly accord with the Nouell Constitution of