{79} In regard to the "legislator," Marsilius cites Aristotle as follows: "The legislator or the effective cause of the law is the people, the whole body of the citizens, or the majority of that body, expressing its will and choice in a general meeting of the citizens, and commanding or deciding that certain things shall be done or left undone, under threat of temporal penalty or punishment." {80} "Coercive" or "coactive" power is the power, residing in the ruler or the officials of the state and derived from the "legislator," to compel observance of the laws or decrees of the state by force or threat of penalty. A coercive judgment is a judgment given by an official who has the power to enforce his decisions. Marsilius maintains that coercive power and coercive judgments are the prerogatives of the state and cannot be exercised by the church. {81} "Separable" offices of the clergy, according to Marsilius, are those functions commonly exercised by the clergy, which are not essentially bound up with their spiritual character. The terms essential and non-essential are used as synonymous respectively with inseparable and separable. The essential or inseparable powers of the clergy are "the power to bless the bread and wine, and turn them into the blessed body and blood of Christ, to administer the other sacraments of the church, and to bind and to loose men from their sins." Non-essential or separable functions are the government or control of one priest over others (_i.e._, the offices of bishop, archbishop, etc.), the administration of the sacraments, etc., in a certain place and to a certain people, and the administration of temporal possessions of the church. In respect to their separable functions the clergy are under the control of the state. 166. Condemnation of Marsilius of Padua. 1327. Densinger, p. 141. The following sentences taken from Marsilius of Padua and John of Jandun were condemned by John XXII, 1327. See introductory note to no. 165. (1) When Christ ordered the coin which was taken from the fish's mouth to be paid to the tax collector, he paid tribute to Cæsar; and he did this not out of condescension or kindness, but because he had to pay it. From this it is clear that all temporal powers and possessions of the church are subject to the emperor, and he may take them as his own. (2) That St. Peter had no more authority than the other apostles, and was not the head over the other apostles; and that Christ left behind no head of the church, and did not appoint anyone as his vicar. (3) That the emperor has the right to make and depose popes and to punish them. (4) That all priests, whether pope or archbishop or simple priest, are, in accordance with the appointment of Christ, of equal authority and jurisdiction. (6) That the whole church together can not punish any man with coactive punishment, without the permission of the emperor.