stical punishments in case of transgression, but the
making of them by the prince is an action of jurisdiction only, because he
prescribeth and commandeth, under the pain of some temporal loss or
punishment. But I have already confuted this answer, because
notwithstanding of the different punishments which the one and the other
hath power to threaten and inflict, yet, at least, that part of spiritual
jurisdiction which we call _potestas_ {~GREEK SMALL LETTER DELTA~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER ALPHA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER IOTA~}{~GREEK SMALL LETTER KAPPA~}{~GREEK SMALL LETTER ETA WITH VARIA~} remaineth the same in
both, which power of making laws must not (as I show) be confounded with
that other power of judging and punishing offenders. 2. Actions take their
species or kind from the object and the end, when other circumstances
hinder not. Now, a prince's making of laws about things pertaining to
religion, is such an action of jurisdiction, as hath both a spiritual end,
which is the edification of the church and spiritual good of Christians,
and likewise a spiritual object; for that all things pertaining to divine
worship, even the very external circumstances of the same, are rightly
called things spiritual and divine, not civil or human, our opposites
cannot deny, except they say, not only that such things touch the lives,
bodies, estates, or names of men, and are not ordained for the spiritual
benefit of their souls, but also that the synod of the church, whose power
reacheth only to things spiritual, not civil or human, can never make laws
about those circumstances which are applied unto, and used in the worship
of God; and as the prince's making of laws about things of this nature, is
in respect of the object and end, an action of spiritual jurisdiction, so
there is no circumstance at all which varieth the kind, or maketh it an
action of civil jurisdiction only. If it be said, that the circumstance of
the person changeth the kind of the action, so that the making of laws
about things pertaining to religion, if they be made by ecclesiastical
persons, is an action of spiritual jurisdiction; but if, by the civil
magistrate, an action of civil jurisdiction, this were a most extremely
unadvised distinction; for so might Uzziah the king have answered for
himself, 2 Chron. xxvi. 18, that, in burning incens