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A59243 Schism dis-arm'd of the defensive weapons, lent it by Doctor Hammond, and the Bishop of Derry by S.W. Sergeant, John, 1622-1707. 1655 (1655) Wing S2589; ESTC R6168 184,828 360

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not from the Tribunal of the Jews much less their Synagogue representing their Church as the Doctor would perswade us but from the Tribunal of Portius Festus a Roman Governor under Caesar to Caesar himself I will onely put down the words as I finde them in their own Translation and so leave the Doctor to the Readers Judgement either to be accused for willfully abusing or ignorantly mistaking them But Festus willing to do the Iews a pleasure answered Paul and said wilt thou go up to Ierusalem and there be judged of these things before me Then said Paul I stand at Caesars judgement-seat where I ought to be judged c. Act. 25. 9 10 c. And now is not this Doctor think you the fittest man among all the sons of the Church of England to have a Pension for writing Annotations in folio on the Bible His last proof is that Iustinians third Book is made up of Constitutions de Episcopis Clericis Laicis Bishops Priests Laymen First we answer and the same may be said of the Theodosian Code that all the Laws found there must not necessarily be Iustinians since the Keepers of the Laws use not onely to put in their Law-books those Constitutions themselves made but also those they are to see observed among which are the Canons and Laws of the Church made before by Councils and other Ecclesiastical Powers Secondly We grant Iustinian may make Constitutions of his own concerning Bishops and Clergymen in what relates to temporal affairs or as they are parts of the civil Commonwealth And lastly If he shall be found to have made any Laws concerning them and without the Authority of the Church entrenching upon Ecclesiastical businesses let the Doctor prove he had power to make such and he will in so doing clear him in that part from that note of Tyranny which is objected against him What you say concerning the Canons of Councils that they have been mostly set out by the Emperors It is very certain you might if you had pleased instead of your Mostly have put Always the causing them to be promulgated belonging to the Office of the supreme secular Powers whose obligation it is to see that the Churches decrees be received and put in execution What you clap in within a Parenthesis as your custom is to intermingle truth with falshood that Canons of Councils received their Authority by the Emperor In the sence you take it is a great error For never was it heard that an Emperor claimed a negative voice in making a Canon of a Council valid which concerned matters purely Spiritual nay nor disaccepted them decreed unanimously by the Fathers but all the world lookt upon him as an unjust and tyrannical incroacher They receive indeed Authority from the Emperor in this sense that his subscription and command to proclaim them makes them have a more powerful reception and secures them from the obstacles of turbulent and rebellious spirits But this will not content you your aym is that they should not have the Authority or validity of a Canon without the last-life-giving-hand of the Emperors vote which is onely a strain of your own liberality to him or rather of your envy towards the Church without any ground of his rightful claim to any such Jurisdiction over Councils SECT 7. Other empty Proofs of this pretended Right confuted THese rubs being removed it will be our next sport to address an answer to his nineteenth Section it self where omitting his ten Parenthesisses which contain nothing but either sayings of his own or Greek out of Strabo's Geography That the Romans kept their assizes at divers places or Testimonies from the Council of Chalcedon already answered omitting these I say I will briefly resume the whole sence of the Paragraph as well as I can gather it out of the some-thing-more Lucid intervals of his mad Parenthesisses And this I take to be the sum of it That Kings should according to emergent conveniences change their Seats of Iudicature and that the same reasons may require a removal of Ecclesiastical Seats wherefore there being nothing to the contrary constituted either by Christ or his Apostles it follows That Kings may when they please erect and consequently remove Primacies and Metropolitans I answer That Secular Courts may be removed upon good occasions is so evident to every Fool that it needs neither Greek nor Strabo to prove it That Ecclesiastical Seats for greater conveniences of the Church be also subject to removal is likewise evident and constituted by the Council of Chalcedon Can. 17. But his inference That it belongs to the right of Kings to erect and transfer them is weaker then water nor has the Doctor infused into it the least grain of Reason to strengthen it Yet first to prove it he says Nothing is found either by Christ or his Apostles ordered to the contrary Which is a most pitiful Negative proof as indeed the greatest part of his Book i● and supposes to make it good That neither Christ nor his Apostles said did or ordered any thing but what is exprest in Scripture which is both expresly contrary to Scripture it self and to common reason also Besides this wise proof is both most unjust towards us and silly in him to expect unjust towards us ingaging us to prove out of Scripture That Kings cannot erect Primacies and Patriarchates whereas there is no such word there as either Primate or Patriarchate which he would have us shew thence not subject to Kings Nor is it less silly in him to expect That the Scripture should make mention of the erection or not erection of Primacies and Patriarchates by Secular Powers since the Secular Powers when the Scripture was written being most bloody Tyrants and Persecutors of the Church were more likely to hang up all Primates and Patriarchs then either erect or remove their Seats to a more convenient place Yet if you would see something to the contrary why Kings should not use Ecclesiastical Jurisdiction I can produce you the sence of the Catholick Church the best Testimony that can be alleaged for the meaning of Gods Spirit but because this weighs little with you I shew you next the Testimony of common sence and reason which tells you Faber fabrilia tractet and that those whose education institute of life particular designment to and total dependence on any course of life makes them more strongly addict all their thoughts to perfect themselves knowingly and magisterially in that their proper profession are fitter by far for such an employment then those whose diversly-distracted studies render them half-knowing or half-careful in such performances How much then is it more convenient that Ecclesiastical persons should manage the affairs of the Church then Secular Princes whom partly their necessary Temporal occasions partly voluntary Recreations Court attendances and entertainments so quite take up that they can have but saint and weak reflections either of knowledge or care in comparison of the others upon