words, what he would have replied, namely, that the difference is great betwixt the Power of making Laws about things Ecclesiastical, in the Prince, and the same Power in the Clergy assembled together: for he describeth the making of a Law, to be the prescribing of something, under some pain or punishment, which he that so prescribeth hath Power to inflict. Whereby he would make it appear, that he yieldeth not unto Princes, the same power of Spiritual Jurisdiction, in making of Ecclesiastical Laws, which agreeth to the Clergy: because whereas a Council of the Clergy may frame Canons about things which concern the Worship of God, and prescribe them under the pain of excommunication and ⟨p. 146⟩other Ecclesiastical censures, the Ordinance of Princes about such matters, is only under the pain of some external or bodily punishment. But I answer Potestas [Greek or Hebrew] is one thing, and Potest [Greek or Hebrew] is another thing. When the making of a Law is joined either with the intention, or with the commination of a Punishment, in case of transgression, this is but accidental and adventitious to the Law, not naturally or necessarily belonging to the essence of the same. For many Laws there hath been, and may be, which prescribe not that which they contain under the same pain or punishment. bGratian distinguisheth three sorts of Laws. Omnis &c. Fvery Law saith he, either permits something, for example, let a valorous man seek a reward: or forbids, for example, let it be lawful to no man to seek the marriage of holy Virgins: or punisheth, for example, He who committeth Murder, let him be capitally punished. And in this third kind only, there is something prescribed under a pain or punishment. It is likewise holden by cSchoolmen, that it is a Law which permitteth some indifferent thing, as well, as it which commandeth some virtue, or forbiddeth some vice. When a Prince doth statute and ordain, that whosoever out of a generous and magnanimous Spirit, will adventure to embark and hazard in a certain military exploit, against a foreign enemy whom he intendeth to subdue, shall be allowed to take for himself in propriety, all the rich spoil which he can lay hold on: there is nothing here prescribed under some pain or punishment, yet is it a Law; and properly so termed.
words, what hee would have replied, namely, that the difference is great betwixt the Power of making Lawes about things Ecclesiasticall, in the Prince, and the same Power in the Cleargie assembled togither: for he describeth the making of a Law, to be the prescribing of something, under some paine or punishment, which he that so prescribeth hath Power to inflict. Whereby hee would make it appeare, that he yeeldeth not unto Princes, the same power of Spirituall Iurisdiction, in making of Ecclesiasticall Lawes, which agreeth to the Cleargie: because whereas a Councell of the Cleargie may frame Canons about things which concerne the Worship of God, and prescribe them under the paine of excommunication and ⟨p. 146⟩other Ecclesiasticall censures, the Ordinance of Princes about such matters, is onely under the paine of some externall or bodily punishment. But I answer Potestas 〈non-Latin alphabet〉 is one thing, and Potest• 〈non-Latin alphabet〉 is another thing. When the making of a Law is joyned either with the intention, or with the commination of a Punishment, in case of transgression, this is but accidentall and adventitious to the Law, not naturally or necessarily belonging to the essence of the same. For many Lawes there hath been, and may be, which prescribe not that which they containe under the same paine or punishment. bGratian distinguisheth three sorts of Lawes. Omnis &c. Fvery Law saith he, either permits something, for example, let a valorous man seeke a reward: or forbids, for example, let it be lawfull to no man to seeke the marriage of holy Virgins: or punisheth, for example, Hee who committeth Murther, let him bee capitally punished. And in this third kinde onely, there is something prescribed under a paine or punishment. It is likewise holden by cSchoolemen, that it is a Law which permitteth some indifferent thing, as well, as it which commandeth some vertue, or forbiddeth some vice. When a Prince doth statute and ordaine, that whosoever out of a generous and magnanimous Spirit, will adventure to imbarke and hazard in a certaine military exploit, against a forraine enemy whom he intendeth to subdue, shall be allowed to take for himselfe in propriety, all the rich spoile which he can lay hold on: there is nothing here prescribed under some paine or punishment, yet is it a Law; and properly so tearmed.
- bdecr. part. 1. dist. 3. c. 4.
- cAquin. 1• 2• q. 92. art. 2.
