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Lastly, it hath not been declared by the Church, nor by the Pope himselfe, that he is the Civill Soveraign of all the Christians in the world; and therefore all Christians are not bound to acknowledge his Jurisdiction in point of Manners.
Nor doe wee read, that any such Doctrine was accounted Christian in the time of the Apostles; nor in the time of the Romane Emperours, till the Popes had the Civill Soveraignty of Rome. But to this he hath replyed, that the Christians of old, deposed not Nero, nor Diocletian, nor Julian, nor Valens an Arrian, for this cause onely, that they wanted Temporall forces. Perhaps so.
But by the same reason, it would be no lesse lawfull for a Civill Soveraign, upon the like injuries done, or feared, to make warre upon the Spirituall Soveraign; which I beleeve is more than Cardinall Bellarmine would have inferred from his own proposition.
Whereby wee may understand, that Excommunication in the time that Christian Religion was not authorized by the Civill Power, was used onely for a correction of manners, not of errours in opinion: for it is a punishment, whereof none could be sensible but such as beleeved, and expected the coming again of our Saviour to judge the world; and they who so beleeved, needed no other opinion, but onely uprightnesse of life, to be saved.
The difference and division of the Lawes, has been made in divers manners, according to the different methods, of those men that have written of them. For it is a thing that dependeth not on Nature, but on the scope of the Writer; and is subservient to every mans proper method. In the Institutions of Justinian, we find seven sorts of Civill Lawes.
For the same reason, none can abrogate a Law made, but the Soveraign; because a Law is not abrogated, but by another Law, that forbiddeth it to be put in execution. And Not Subject To Civill Law The Soveraign of a Common-wealth, be it an Assembly, or one Man, is not subject to the Civill Lawes.
And first it manifest, that Law in generall, is not Counsell, but Command; nor a Command of any man to any man; but only of him, whose Command is addressed to one formerly obliged to obey him. And as for Civill Law, it addeth only the name of the person Commanding, which is Persona Civitatis, the Person of the Common-wealth. Which considered, I define Civill Law in this Manner.
If then it be granted, that the Civill Government be ordained as a means to bring us to a Spirituall felicity; yet it does not follow, that if a King have the Civill Power, and the Pope the Spirituall, that therefore the King is bound to obey the Pope, more then every Sadler is bound to obey every Rider.
All Attributes Depend On The Lawes Civill And because a Common-wealth hath no Will, nor makes no Lawes, but those that are made by the Will of him, or them that have the Soveraign Power; it followeth, that those Attributes which the Soveraign ordaineth, in the Worship of God, for signes of Honour, ought to be taken and used for such, by private men in their publique Worship. Not All Actions
From the same mistaking of the present Church for the Kingdom of God, came in the distinction betweene the Civill and the Canon Laws: The civil Law being the acts of Soveraigns in their own Dominions, and the Canon Law being the Acts of the Pope in the same Dominions.
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