e, he did not take upon
him to execute the priest's office, because he was only a civil person; so
may the Pope say, that he might not take upon him the power of emperors
and monarchs, because he is an ecclesiastical person. Many things men do
_de facto_, which they cannot _de jure_. Civil persons may exercise a
spiritual jurisdiction and office, and, again, ecclesiastical persons may
exercise a civil jurisdiction _de facto_, though not _de jure_. Wherefore
the prince's making of laws about things spiritual remaineth still an
action of spiritual jurisdiction, except some other thing can be alleged
to the contrary, beside the circumstance of the person. But some man,
peradventure, will object that a prince, by his civil power, may enjoin
and command not only the observation of those ecclesiastical rites which a
synod of the church prescribeth, but also that a synod (when need is)
prescribe new orders and rites, all which are things spiritual and divine.
And why then may he not, by the same civil power, make laws about the
rites and circumstances of God's worship, notwithstanding that they are
(in their use and application to the actions of worship) things spiritual,
not civil.

_Ans._ The schoolmen say,(978) that an action proceedeth from charity two
ways, either _elicitive_ or _imperative_, and that those actions which are
immediately produced and wrought out by charity, belong not to other
virtues distinct from charity, but are comprehended under the effects of
charity itself, such as are the loving of good and rejoicing for it. Other
actions, say they, which are only commanded by charity, belong to other
special virtues distinct from charity. So, say I, an action may proceed
from a civil power either _elicitive_ or _imperative_. _Elicitive_ a civil
power can only make laws about things civil or human; but _imperative_ it
may command the ecclesiastical power to make laws about things spiritual,
which laws thereafter it may command to be observed by all who are in the
church.

_Sect._ 28. 8. Our opposites themselves acknowledge no less than that
which I have been pleading for. "To devise new rites and ceremonies (saith
Dr Bilson(979)), is not the prince's vocation, but to receive and allow
such as the Scriptures and canons commend, and such as the bishops and
pastors of the place shall advise." And saith not the Bishop of
Salisbury,(980) _Ceremonias utiles et decoras excogitare, ad
ecclesiasticos pertinet; tamen easdem