A Source Book for Mediæval History: Selected Documents illustrating the History of Europe in the Middle AgeThatcher, Oliver J. (Oliver Joseph)
History
A Source Book for Mediæval History: Selected Documents illustrating the History of Europe in the Middle Age
Thatcher, Oliver J. (Oliver Joseph)
Europe -- History -- 476-1492 -- Sources; Middle Ages -- Sources
3. The gospels teach that no temporal punishment or penalty should be
used to compel observance of divine commandments.
4. It is necessary to salvation to obey the commandments of the new
divine law [the New Testament] and the conclusions that follow
necessarily from it and the precepts of reason; but it is not necessary
to salvation to obey all the commandments of the ancient law [the Old
Testament].
5. No mortal has the right to dispense with the commands or prohibitions
of the new divine law; but the general council and the Christian
"legislator"{79} alone have the right to prohibit things which are
permitted by the new law, under penalties in this world or the next, and
no partial council or single person of any position has that right.
6. The whole body of citizens or its majority alone is the human
"legislator."
7. Decretals and decrees of the bishop of Rome, or of any other bishops
or body of bishops, have no power to coerce anyone by secular penalties
or punishments, except by the authorization of the human "legislator."
8. The "legislator" alone or the one who rules by its authority has the
power to dispense with human laws.
9. The elective principality or other office derives its authority from
the election of the body having the right to elect, and not from the
confirmation or approval of any other power.
10. The election of any prince or other official, especially one who has
the coercive power,{80} is determined solely by the expressed will of
the "legislator."
11. There can be only one supreme ruling power in a state or kingdom.
12. The number and the qualifications of persons who hold state offices
and all civil matters are to be determined solely by the Christian ruler
according to the law or approved custom [of the state].
13. No prince, still more, no partial council or single person of any
position, has full authority and control over other persons, laymen or
clergy, without the authorization of the "legislator."
14. No bishop or priest has coercive authority or jurisdiction over any
layman or clergyman, even if he is a heretic.
15. The prince who rules by the authority of the "legislator" has
jurisdiction over the persons and possessions of every single mortal of
every station, whether lay or clerical, and over every body of laymen or
clergy.
16. No bishop or priest or body of bishops or priests has the authority
to excommunicate anyone or to interdict the performance of divine
services, without the authorization of the "legislator."
17. All bishops derive their authority in equal measure immediately from
Christ, and it cannot be proved from the divine law that one bishop
should be over or under another, in temporal or spiritual matters.
18. The other bishops, singly or in a body, have the same right by
divine authority to excommunicate or otherwise exercise authority over
the bishop of Rome, having obtained the consent of the "legislator," as
the bishop of Rome has to excommunicate or control them.
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