ation of a punishment, in case of transgression, this is but
accidental and adventitious to the law, not naturally nor 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. Gratian distinguisheth three sorts of laws: _Omnis_, &c.
"Every law (saith he(960)) 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 schoolmen,(961) that it is a law which permitteth
something indifferent, 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 it is a law, and
properly so termed. And might not the name of a law be given unto that
edict of King Darius, whereby he decreed that all they in his dominions
should fear the God of Daniel, forasmuch as he is the living and eternal
God, who reigneth for ever, Dan. vi.; yet it prescribed nothing under some
pain or punishment to be inflicted by him who so prescribed. Wherefore,
though the prince publisheth ecclesiastical laws under other pains and
punishments than the clergy doth, this showeth only that _potestas_
{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER EPSILON~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ETA WITH VARIA~} is not the same, but different, in the one and in the other; yet
if it be granted that whatsoever ecclesiastical law a synod of the clergy
hath power to make and publish, the prince hath power to make and publish
without them, by his own sole authority, it followeth, that the power of
the church to make laws which is called _potestas_ {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETT