Selected quad for the lemma: duty_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
duty_n	church_n	civil_a	magistrate_n	1,328	5	8.0220	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A20647	Pseudo-martyr Wherein out of certaine propositions and gradations, this conclusion is euicted. That those which are of the Romane religion in this kingdome, may and ought to take the Oath of allegiance.	Donne, John, 1572-1631.	1610 (1610)	STC 7048; ESTC S109984	230,344	434

the Metropolitane of England should Excommunicate him And yet by there Doctors it is auerr'd that Iure Diuino and Iure Com●muni Antiquo A Bishop may Excommunicate a King as Ambrose did Theodosius and that excepting onely infallibilitie of iudgement in matter of Faith a Bishop might Iure Diuino doe all those things in his Diocesse which the Pope might doe in the whole Church For so Bellarmine himselfe concludes arguing from the Popes Authoritie in all the world to a Bishop in his Diocesse If there●ore an Oath had beene lawfull for defending the King against All enemies though a Bishop Excommunicate him And the Pope haue onely by positiue lawes withdrawne from the Bishops some of the exercise of their iurisdiction and reserued to himselfe the power of excommunicating Princes it is as lawfull to defend him a●ter a Popes excommunication now as it was after a Bishops when a Bishop might excommunicate and no man euer said that a Bishop might haue deposed a King 16 All which they quarrell at in the oath is that any thing should be pronounced or any limits set to which the Popes power might not extend but they might as well say that his spirituall power were limited or shortned and so the Catholique faith impugned if one should denie him to haue power ouer the winde and sea since to tame and commaund these in ordine ad spiritualia would aduance the conuersion of the Indies and impaire the Turks greatnesse and haue furthered his fatherly spirituall care of this Kingdome in 88. 17 All the substance of the oath is virtually comprehended in the first proposition That king Iames is lawfull King of all these Dominions The rest are but declarations and branches naturally and necessarily proceeding from that roo●e And as that Catholique which hath sworne or assented that Paul the fift is Pope canonically elected hath implicitely confessed that no man can deuest or despoile him of that spirituall iu●isdiction which God hath deposed in him nor of those temporall estates which by iust title his predecessours possessed or pretended too so that Subiect which sweares king Iames to bee his true and lawfull King obliges himselfe therein to all obedience by which hee may still preserue him in t●at state which is to resist all which sh●ll vpon any occasion be his enemies 18 For if a king be a king vpon this condition that the Pope may vpon such cause as seemes iust to him depose him the king is no more a Soueraigne then if his people might depose him or if a Neighbour king might depose him For though it may seeme more reasonable and conuenient that the Pope who may bee presumed more equall and dispassioned then the people and more disinteressed then the neighbour Princes should be the Iudge and Magistrate to depose a Prince enormously transgressing the wayes in which his du●y bound to him to walke though I say the king might hope for better Iustice at his hand then anothers yet he is no Soueraigne if any person whatsoeuer may make him none For it is as much against the nature of Soueraignty that it may at any time be iustly taken away as that it shall cer●ainly bee taken away And therefore a King whom the Pope may depose is but a Depositarie● and Guardian of the Souerainty ●o whose trust it is committed vpon condition as the Dictators were Depositaries of it for a certaine time And Princes in this case shall bee so much worse then Dictators as Tenants at will are worse then they which haue certaine leases 19 And there●ore that suspition and doubt which a learned Lawyer conceiued that the Kings of France and Spaine lacked somewhat of Souerainty because they had a dependance and relation to the Pope would haue had much reason and probability in it though he meant this onely of spirituall matters concerning religion if that authority which those Kings seeme to be subiect to were any other then such as by assenting to the Ecclesiastique Canons or confirming the immunities of the Ecclesiastique state they had voluntarily brought upon themselues and the better to discharge their duetyes to their Church and to their ciuill state had chosen this way as fittest to gouerne their Church as other waies by Iudges and other Magistrates to administer ciuill Iu●stice 20 So there●ore his Maiesties predecessors in this Kingdome were not the lesse Soueraigne and absolute● by those acts of Iurisdiction which the Popes exercised here For though some kings in a mis-deuout zeale and contemplation of the next life neglected the office of gouernement to which God had called them by attending which function duely they might more haue aduanced their saluation then by Monastique retirings of which publique care and preseruing those which were committed to their charge and preferring them before their owne happinesse● Moses and St. Paul were couragious examples Though I say they spent all their time vpon their owne future happinesse and so making themselues almost Clergy men and doing their duties gaue the Clergie men way and opportunity to enter vpon their office and deale with matter of State And though some o●her of our kings oppressed with temporall and personall necessities haue seemed to diminish themselues by accepting conditions at the Popes hands or of his Legates And some others out of their wisedome auoiding dangers of raw and immature innou●tions haue digested some indignities and vsurpations and by the examples of some kingdomes about them haue continued that forme of Church Gouernment which they could not resist without tumult at home and scandall abroad● yet all this extinguished no part of their Souerainty which Souerainty without all question they had before the other entred into the kingdome intirely and Souerainty can neither be deuested nor deuided 21 As therefore Saint Paul suffered Circumcision as long as toleration thereof aduanced the propagation and growth of the Church when a seuere and rigid inhibition thereof would haue auerted many tender and scrupulous consciences which could not so instantly passe from a commandement of a necessity in taking Circumcision to a necessity in leauing it But when as certaine men came downe and taught that circumcision was necessary to saluation and so ouerthrewe the whole Gospell because the necessity of both could not consist together then Circumcision was vtterly abolished So as long as the Romane Religion though it were corrupted with many sicknesses was not in this point become so infectious and contagious as that it would vtterly destroy and abolish the Souerain●y of Princes the kings of England succourd relieued and cherished it and attended an opportunity when God would enable them to medecine and recouer her but to be so indulgent to her now is impossible to them because as euery thing is iealous of his owne being so are kings most o● any and kings can haue no assurance of being so if they admit professors of that Religion which teache that the Pope may at any time Depose them

it thus That though martyrdome be an act of fortitude and not of faith yet as a ciuill man will be valiant to defend Iustice as the Obiect of his valour so doth a Martyr faith If then to refuse this Oath be an obiect for a Martyrs fortitude it must be because it opposes some point of faith and faith is that which hath beene beleeued euer and euery where And how can that be so matter of faith which is vnder disputation and perplexitie with them and the contrarie whereof we make account that we see by the light of Nature and Scriptures and all meanes conducing to a diuine and morall certitude 16 Leo the first in an Epistle to the Emperour by telling what hath beene informes ●ummarilie and soundly what should be a iust cause of Martyrdome None of the Martyrs saies he had any other cause of their suffering but the confession of the true Diuinitie and true humanitie in Christ. And this was then the Integritie of faith in both acceptations All and sound Which is neither impaired in the extent nor co●rupted in the puritie by any thing proposed in the Oath 17 But as Chrysostome expounding that place of Ieremie Domus Dei facta est spelunca Hyaenae applies it to the Priests of the Iewes as hardest of all to be conuerted so may we apply it to the Priests of the Romanes who abhor the Oath and deter their Schollers For the Hyena saies Chrysostome hath but one backe bone and cannot turne except it turne all at once So haue these men one back bone the Church for so saies Bellarmine if we were a greed of that we should soone be at an end and this Church is the Pope And they cannot turne but all at once when he turnes and this is the Integritie of the faith they talke of And as that Father addes of the Hyena Delectantur cadaueribus they are delighted with impious prouocations to the effusion of bloud by suggesting a false and imaginarie martyrdome 18 The third and last iust ground of martyrdome of those which we mentioned is Ecclesiastique Immunitie which is of two sorts one inhaerent and Natiue and connaturall to the Church and the other Accessory and such as for t●e furtherance and aduancement of the worship of God Christian Princes in performing a religious dutie haue afforded and established Of the first sort are preaching the word administring the Sacraments and applying the Medicinall censures And if any to whose charge God hath committed these by an ordinarie calling loose his life in the execution thereof with Relation to the cause we may iustly esteeme him a martyr And so in the second kinde if onely for a pious and dutifull admonition to the Prince to continue those Liberties to the Church without which she cannot wel doe her offices hee should incurre a deadly displeasu●e he were also a Martyr 19 And if the Romane Priests could transferre vpon themselues this title to Martyrdome due to defenders of either of these Immunities yet by refusall of this Oath which is an implied affirming of some doct●ine contrarie to it they forfait that interest by ob●ruding as matter of Ch●istian faith that which is not so For Baronius himselfe as once before wee had occasion to say distinguishes the defence of the liberties of the Church from the Catholique faith and yet he and many others makes the defence of these immunities the obiect of Martyrdome so various and vncertaine is the doctrine of defending those priuiledges whose ground and foundation they cannot agree vpon 20 And as all right to the crowne of Martyredome growing from any of these three titles perishes by their refusal for the reasons before expressed so doth it also vpon this ground that hee which refuses to defend his life by a lawfull acte and entertaines not those ouertures of escape which God presents him destroies himselfe especially if his life might be of vse and aduantage to others For when the Prison was opened to Paul and Silas the learned Expositors excuse his stay there by no other way then that it appeares that he had a reuelation of Gods purpose that he should conuert the Keeper for otherwise not to haue hastened his escape had beene to abuse Gods mercie by not vsing it 21 Those lawes from which these conclusions are deduced that if a man receiue a Corporall iniurie and remit the offence yet the state may pursue it against the trespasser because no man is Lord of himselfe and that a couenant from a man that if you finde him in your ground you may beate him is voide vpon the same reason Intimate thus much to this purpose That no man by lawe of nature may deliuer himselfe into a danger which he might auoide 22 How many actes of good and meritorious nature if they had all due circumstances haue beene vitiated by Indiscretion and changed from nourishment to poison of which Cassianus hath am●ss'd many vsefull examples and made all his second collation of them Of which I will remember one h●pning about his own time Herō which had liued fiftie yeares austerely in a Desart trusting indiscreetely an illusion of an euill spirit threw himselfe downe into a Well and when he was taken out and in such torment with those bruses as killed him within three daies yet he beleeued that he had done well though the rest beleeued him to be as Cassianus saies Biothanatum a sel●e-murderer 23 How deeply and how irremediably doth this indiscretion possesse many others whom themselues only and a few illuders of their weaknesses esteeme to be Martyres for prouoking the execution of iust lawes against them For what greater Indiscretion can there be or what more treacherous betraying of hims●lfe then to die in despite of such a Princes mercie as at once directs him to vnderstand his duety to himselfe and to his Prince and shewes him that his owne preseruation is a naturall duety and that hee may not neglect it in any cause but where it appeares euidently Catholiquely and indisputably amongst them to whose instruct●on he ought to submitte himselfe that God may bee glorified in it And that his obedience to the King was borne in him and therfore was once without all question due could not be taken away without his consent who is damnified by the losse of a Subiect at least by such a li●igious Authoritie as is yet in Disputation What it is whence it comes and how it resides in him and how it is executed 24 For as a man may be felo de se by destroying himselfe by our Law And fur de se by departing and stealing himselfe away from him to whō his seruice is due by Imperial law so he may be proditor de se by the law of Nature if hee descend from the Dignitie of humanitie submit himselfe to an vsurpation which he ought to resist which is All violence and danger which hee might auoide 25 And since if the King would pardon