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A04195 A treatise of the holy catholike faith and Church Diuided into three bookes. By Thomas Iackson Dr. in Diuinitie, chaplaine to his Maiestie in ordinarie, and vicar of Saint Nicolas Church in the towne of Newcastle vpon Tyne. The first booke.; Commentaries upon the Apostles Creed. Book 12 Jackson, Thomas, 1579-1640. 1627 (1627) STC 14319; ESTC S107497 117,903 222

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State in respect of Christian and religious policie And first of the reasons in behalfe of King and State Their positions which induce rebellion against free States Kingdomes and which were they ioyntly admitted would leaue supereminent or royall Maiestie onely a naked title without any realtie of soueraignty or iurisdiction are two First That the spirituall power is aboue all secular or ciuill power And this assertion were it rightly limited is in it selfe orthodoxall But the more orthodoxall it is in it selfe the more deadly it makes the second position vnto which they seeke to wed it The second position is That this supreame and spirituall power is totally seated in the Clergie as in a body distinct from the body politike Yea the most of them hold the plenitude of this power to bee in the Pope from whom all spirituall power of iurisdiction is deriued to the rest of the Clergie after the same manner as iurisdiction in causes temporall is deriued to inferiour Magistrates from the Monarch or supreame Maiestie in euery Kingdome The Regiment of the Church as they say is Regimen monarchicum a visible Monarchy of which the Pope is the visible Monarch As the spirituall power which the Church of Rome or Pope vsurpeth is intensiuely most absolute independent so is the obiect of it for extension most transcendent and illimited Pope Innocent the third by vertue of this supposed plenary power did challenge to bee supreme Iudge in censuring or punishing mortall sins Intendimus decernere de peccato cuius ad nos pertinet sine dubitatione censura or vt nullus qui sit sanae mentis ignorat quin ad officium nostrum spectet de quocunque peccato mortali corripere quemlibet Christianū cap. nouit de Iudicijs We intend faith he to determine concerning Sinne the censure whereof so vnquestionably appertaines to vs that no man well in his wits can be ignorant that it is a part of our power or office to chastise or correct euery Christian man for any mortall sinne of what kind soeuer But if in this Cathedrall constitution hee did not erre the Christian world might haue as infallible a perpetual rule for guiding Millers hands and Taylors sheeres and for preuenting or punishing all cozenage in Trades or Crafts as it hath for ending controuersies in matters of faith or diuinity 3 It is an idle and friuolous distinction which some Canonists haue framed to solue the truth of this Popes sentence Aliud est de re actione aut contractu iudicare aliud iudicare de peccato It is one thing to determine of the action or cōtract another to determine or iudge of the sin committed For as Father Paul excellently obserues quod inseparabile est distinguunt they put a diuersity without a differēce For if the pope may iudge of euery matter or contract as it is a sin I hope he would prohibit it if it were a sin and compell men to obserue his Edicts or prohibitions And doing thus what remaines to bee done by any temporall power whether supreame or subordinate but onely to looke on or to be as Sheriffes to see his Decrees put in execution or to be his hangman or executioner No Magistrate doth punish but vpon supposall of some fault or sinne committed Lex non est iust is posita saith the Apostle sed iniustis The Law punitiue is not giuen against the iust but against the vniust And if the Pope might be supreame Iudge of euery mortall sinne euery malefactor might haue the benefit of appeale vnto him in all matters criminall He might punish Princes for making vniust Lawes or for not executing such Lawes as they themselues haue made or haue found made vnto their hands by their Predecessors or as hee shall make or appoint them to make 4 Againe all of them agree in this that the Pope hath a supreame independent power to make coactiue Ecclesiasticke Lawes for the welfare of the Church in as much as all temporall power is subordinate to the power spiritual which as his subiects say is originally and plenarie in himselfe hee may by vertue of this supreame spirituall power disanull all such Lawes as any temporall State or Kingdome shall make if these to his Holinesse vnerring spirit shall seeme contrary to the Lawes of God or to the Lawes Ecclesiasticke made by himselfe or by his predecessors Now in case any Temporall Princes or States shall after some monitions refuse to repeale such Lawes as they haue enacted but hee dislikes they stand obnoxious ipso facto to the sentence of excommunication The exercise of this terrible power hath beene within these 400. yeeres frequent in many Kingdomes and famous of late against the Venetians That ancient and renowned State for wisedome and grauity and of all States professing Romish faith alwaies most venerable for deuotion had made such a Law as the Law of Mortmaine here in England for repressing the excesse of Leuies portion which was become like a huge deformed wen in a faire and comely body and being admonished by the Pope to repeale this Law and another edict necessary for the preseruation of peace whereby the vnruly Cleargie within their territories were subiected to the censure of the State because the Venetians would not obey his monitions and betray their ancient liberties the Duke and Senate were excommunicated by his Holinesse I doe not well remember whether that State had made a decree that no prouision should be carried out of their territories to Ancona but put the case they had made such a Law in as much as Ancona is a Citie which belongs to Peters patrimony a segniorie or Lordship of the Church of Rome this Law must be controleable by the Pope because it is preiudiciall to the Church And the temporall Soueraignty of Venice must submit themselues vnto the spirituall Iurisdiction of the Romish Church or feele the stroke of Peters sword 5 The like dreadfull consequences of these dangerous principles about the supremacie or Iurisdiction spirituall did cause diuers Kings of this land before Henry the eight to separate themselues and their people from the visible Romish Church in matters of Iurisdiction though not of doctrine For an English man to haue receiued any title of Iurisdiction from the Pope or any forraigne Prelate subiect vnto him was by the ancient Lawes of this land a praemunire I will onely touch so much of the Romish Churches practice in this State as forraigne Writers haue taken notice of which was enough to giue our Kings iust occasion to make such Lawes of praemunire as the forecited Author produceth Pope Innocent the third presuming vpon his former rule that it belonged vnto him de quocunque peccato mortali corripere quemlibet christianum to censure or punish euery man for any mortall sinne charged Iohn King of England and the French King to keepe the Churches peace vnder paine of his curse And in the processe excommunicates the French King