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A09061 An ansvvere to the fifth part of Reportes lately set forth by Syr Edvvard Cooke Knight, the Kinges Attorney generall Concerning the ancient & moderne municipall lawes of England, vvhich do apperteyne to spirituall power & iurisdiction. By occasion vvherof, & of the principall question set dovvne in the sequent page, there is laid forth an euident, plaine, & perspicuous demonstration of the continuance of Catholicke religion in England, from our first Kings christened, vnto these dayes. By a Catholicke deuyne. Parsons, Robert, 1546-1610. 1606 (1606) STC 19352; ESTC S114058 393,956 513

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especially in this place where our question is only of spirituall Iurisdiction in Ecclesiasticall causes which that it could not be in a woman in regarde of her sex all Catholique deuines doe proue by these reasons following 21. First by the disposition of the Canon-law which contayning the sense of Gods vniuersall Church from time to time both in the right and practise of this affayre of spirituall gouerment ought to be and is with wise learned Godly men of principall accompt credit and authority For that the said Canon-law is deduced from the decrees of Councells Synodes Popes auncient Fathers Doctors and Bishops and from the custome and practise of the said Church from time to time directed by Gods holy spirit according to his promise and receiued throughout all christendome from age to age though now contemned by certayne new maisters whose maistery standeth in this to scoffe at that which they vnderstand not or list not to follow be it neuer so good 22. This law then and iudgment of the Church is so far of euer hath been from graunting spirituall Iurisdiction to be in any Queene as in Capite by right of any temporall Crowne to be deriued from her to others as it doth not allow any woman to be capable of any spiritual power or Iurisdiction though it be but delegated giuen by commission substitution from another as appeareth by the textes of Canon-law cited heere in the margent And the princypall reason herof is that all spirituall power being of two sorts Ordinis Iurisdictionis of holy order Iurisdiction the femynine sex is capable of neither of them Not of the power of Order saith S. Thomas which belongeth to the administring of Sacraments for that a woman by her sex cannot administer them nor is capable of Preist-hood or sacred orders required therunto And in this both Caluin and Cluinists agree with vs though Luther at the beginning held that all Christians baptized might be preists and administer Sacraments aswell women as men yea children and diuells also if they vsed the wordes institution of Christ as in the places of this worke● here quoted may be seene 23. The second part of Spirituall power appertayning to Iurisdiction either internall or external in fore conscientia or in sore contentioso that is to absolue or loose in the secret Trybunall of conscience or in the open Court of externall contention cannot fall vpon a woman for the infirmity and indecency of her sex saith the Canon-law and for many other absurdities that would ensue therof if a woman should be admitted to the actes of Ecclesiasticall Iurisdiction which are principally two Docere Iudicare saith the said law to teach and iudge wherof neither of them standeth well in a woman to exercise ouer men the same lawe noting that albeit Christ our Sauiour loued well Mary Magdalen and other holy women that followed him and serued him vnto his death yet is it neuer read that he committed any part of Iurisdiction in gouerning his Church vnto them no not vnto the blessed Virgin his mother though she were replenished with grace full of the holy Ghost And this of the Canō-law 24. For the Ciuill albeit little occasiō was giuen therin amongst the ancient heathen Romanes the chief Authors therof to talke of of this controuersy of Spirituall Iurisdiction their whole subiect being of temporall Ciuill affayres yet in a certayne Treatise De Regulis Iuris of the rules of that law they haue this direction Faeminas remotas esse ab officijs publicis ideo iudices esse non posse That women are to be remoued by the Ciuill law from all publique offices therfore cannot be Iudges And if in Ciuill matters by that law they could not be Iudges how much lesse can they be supreame Iudges in spirituall causes which are of a far higher dignitie and indecency for women to meddle therin All which better appeare by that which is to eusue out of the law both of Nature and Grace which are the groundes of these Ciuill and Canonicall Constitutions For as the Ciuill law followed the one so the Canon followeth the other or rather both for that both proceed from God and are his lawes 25. To consider then of the law of Nature which is common to all Nations we read in the booke Genesis that the order obserued by God in the creation of man and woman was this that first Adam and all other Creatures were made and placed in paradise and afterward Eua was created for man and out of man and to the liknes of man as man was created before to the likenes of God Out of which order of Creation S. Paul doth in diuers places gather the naturall subiection of woman vnto man especially in spirituall matters appertayning to God to be eternally established by this law of their creation 26. For when to Tymothie he had said Docere autem mulieres non permitto neque deminari in virum I doe not permitt women to teach nor to haue dominion ouer her husband he addeth presently for his reason these words For Adam was first created and then Eua And Adam was not seduced but the woman was seduced And the same Apostle writing to the Corinthians about a certayne precept and ordination of his that woman should be couered in the Church men not and men to haue their hayre cutt women not in signe of subiection and subordination the one to the other he saith I doe prayse you brethren for that you are mindfull of me in all things and doe obserue my precepts as I deliuered them vnto you I will haue you knowe that Christ is the head of euery man and man the head of the woman and God the head of Christ. And as euery man that prayeth or prophesieth with his head couered dishonoreth his head which is Christ so euery woman praying or prophesying with her head not couered dishonoureth her head which is man And the man ought not to couer his head for that he is the Image and glory of God but the woman is the glory of the man for man was not made of the woman but the woman out of man not was the man created for woman but the woman for man c. Ipsa natura docet vos Nature it self doth teach you c. 27. Now then out of these deductions from the law of Nature so much vrged as you see by S. Paul for subiection and subordination of women euen in little small points concerning Religion as about speaking teaching and veiling their heads in the Church it may be inferred how earnest the same Apostle would haue bene if the question had been propoūded about the highest poynt honour office of Religion which is to exercise the place of Christ by mediation betweene God and man and to be as it were high-priest and President ouer men
be subiect as the law saith 32. This law named here by S. Paul is the lawe instituted by Christ in the former wordes of Genesis where he appointeth women to be subiect not only at home vnto their husbandes but especially principally vnto the gouerment of man in Ecclesiasticall matters as you see by the application therof so often by S. Paul to Church affayres For before in the eleuenth chapter to the Corinthians he repeateth a precept of his owne made vnto them about veyling of womē in the Church as you haue heard founding the same vpon the first Institution of man and woman in paradise prouing thence that the woman could not be head in the Church and therfore must couer her head and therby yelde to her husband now in this place he giueth other strait precepts about womens silence and subiection in the Church and saith moreouer Qua scribe vobis Domini sunt praecepta These precepts which I write vnto you are not myne but of our Lord. Adding presently this terrible threat Qui autem ignorat ignor●bitu● he that knoweth not these things or will not know them shall not be knowne by the same Lord. And finally the same Apostle vnto Tymothie vrgeth the same againe concerning the Church Mulier in silentio discat cum omni subiectione Let the woman in the Church learne in silence with all subiection Marke the asseueration of all subiection What would S. Paul haue said if any woman in his tyme had challenged to her self all dominion in the Church and yelded subiection to no Ecclesiasticall person whatsoeuer 33. But to goe forward in the Institution of Christ for the spirituall gouerment of his Church when he had gouerned the same by men and not by women for the space of foure thousand yeares and more vnder the law both naturall and written and comming now to institute a new more exact and perfect gouerment therof vnder the law Euangelicall what did he was he vnmindfull of this his first Institution in paradise No For he chose men to witt his Apostles and their Successours to gouerne his Church saying vnto them As my father sent me so I send you whose sinnes you forgiue they shal be forgiuen whose you retaine shal be retained And to one of them in speciall I vvill giue vnto thee the keyes of the kingdome of heauen Feed my sheep● feed my lambes And S. Paul speaking to some of those spirituall Gouernours Priests and Prelates saith The holy ghost hath placed you sor Gouernours of Gods Church vvhich he hath purchased vnto himself vvith his owne bloud And againe the same Apostle to the Corinthians setting downe the subordination of the said Gouernours of Christs primitiue Church saith that the first degree was of Apostles the second of Prophets the third of Doctors c. And in all this is there no mention of women though there were many holy women among them and one more high in Gods fauour then they all as before hath been said Neither euer is it recorded that afterward any Apostle Father Doctor Councell Synode Schole Vniuersity Pope Prince Nation Countrey Common-wealth or priuate man in Christendome did appoint admit or allow any woman to be cheefe in spirituall matters before the English Parlament in the beginning of Q. Elizabeths raigne Nor can any Protestant in the world bring any one instance example or memory recorded by man or woman against this vniuersall prescription that I haue laid downe 34. And this is sufficient for proofe out of the Euangelicall law by Christs owne Institution albeit many other might be alleadged in the conformitie and confirmation herof as seuerall members of this proofe to witt the School-doctors that haue handled the same largely in their cōmentaryes and disputations vpon the 4. Booke of Sentences and els-where and doe by sound foundations ouerthrow the imaginary monstrosity of giuing spirituall Iurisdiction to women which is ascribed as an old heresie or madnes rather vnto the Cataphrygians and Pepuzians as may be read in Philastrius S. Epiphanius which heretiks notwithstanding did goe about to confirme their phantasy by those words of S. Paul In Christo neque masculus neque faemina c. that there is no difference of male or female in Christ that is to say whether he be man or woman Which the said doctors doe declare to haue byn meant of the faith of Christ and vocation to Christian Religion to witt that all are called and receiued equally but yet not to gouerment or Iurisdiction the in Church 35. The ranke of other doctors also that write of the morall part of diuinity appertayning to manners and Cases of Conscience doe handle the same at large vpon diuers occasions in their Treatises As also of the third sort of learned men Expositors of the Scriptures preachers teachers especially the anciēt Fathers who albeit they handle not this question of ours in particular and proper tearmes About the spirituall supremacy of a woman in the Church of God for that they neuer imagined any such thing would or could fall out yet in other occasions wherin great women sometymes not as heads but helpers to vnlawfull purposes would be medling in Ecclesiasticall affayres as the Empresse Eudoxia against S. Chrysostome the Empresse Iustina against S. Ambrose and other the like the said Fathers spake so sharply and reiected them with such indignation as a man may easely se what they would haue done if any least insinuation had bene made to challeng vnto them Ecclesiasticall power and Iurisdiction and much more to be heads of the Church which in those dayes was neuer so much as dreamed of And if the said Fathers vpon occasion offered did so earnestly deny vnto the husband of the one the sonne of the other that were Emperours the said supremacy in spirituall things or that they had any power at all in Ecclesiasticall causes as you haue heard what would they haue said to the women if they had pretended any such matter Let one short sentence of S. Chrisostome serue for all in generall to declare his opinion of womens gouerment euen in temporall thinges and much more in spirituall Caput omnino mulieris vir est saith he magna saeditas esset si superiora fiant inferiora ciput deorsum pedes sursum Man in all respects is head of the woman and it should be a great deformitie if the things which are the higher should bee made the lower and that the head should be brought vnder and the feet placed aboue 36. But in another place he decideth this our Question more in particular concerning spirituall gouernment remouing all women-kind from the possibilitie therof and for that his discourse in the said place is of great weight and consideration being sett downe between him his deer freind S. Basil in Dialogu-wise with much maturitie and doth not only deny all