The most modest opinion at first, blush (which yet ends little better than the worst) that I have observed amongst them, concerning the Popes power, i• reference to the Laws of God, is that of Richard De Sancto Victore, as Angelus reports it, (g)That the Pope can dispense with the divine Precepts, when the reason of them ceaseth; otherwise, says he, God (if he had not so empowered him) would not seem to be a good Master of his Household (not wise, say some; not diligent say others; for this is a common Argument for the Papal prerogative). We must take heed how we question the Popes power herein, for if we do, they may question the Government of God. And herein he is followed by (h)Sylvester a Dominican, and Angelus (i)a Franciscan (though in other things they often clash) who tell us that besides Divines, (k)all the Canonists agree in it, if well understood. And this, the former (l)extends to particular cases, whether in the natural or divine Law, and the latter concludes it, (m)not only as to to the Precepts of the second Table; but as to all the commands, both in the Old and New Testament. All the question is, (n)how one may know when the reason of Gods Law ceaseth in any case? to which he answers, that this we sometimes may learn by the examples of God himself, who many times dispensed with his ⟨p. 375⟩own Law. So that in such cases, it seems, the Pope may do as much as God himself. But this may not prove enough to serve the Popes turn. So he adds, (o)When we have not an example of that, or the like dispensation in Scripture, the declaration of it (that is, when the reason of the Law fails) in any other case, belongs to the Pope alone. Accordingly (p)Sylvester, He may, when there is any doubt, Authoritatively explain whether or no in any certain case the reason of the divine or natural Precept takes place. The Pope, if he were God (as they too often call him) needs not herein, desire more power than this; he may declare that the reason of the divine Law ceases when he pleases, and so he may dispense with it when he list. Thus the Pope might discern the reason of the Law for Marriage to cease, when Olivares had declared Julian Valeasor his Heir, & so gave him leave to Marry another Wife, when he had one already, lawfully Married: (yet his Holiness might be hastier herein than some Doctors would have him, who though they hold the Pope can dispense with one to have two, or more Wives at once;
The most modest opinion at first, blush (which yet ends little better than the worst) that I have observed amongst them, concerning the Popes power, i• reference to the Laws of God, is that of Richard De Sancto Victore, as Angelus reports it, (g)That the Pope can dispense with the divine Precepts, when the reason of them ceaseth; otherwise, says he, God (if he had not so impowered him) would not seem to be a good Master of his Houshold (not wise, say some; not diligent say others; for this is a common Argument for the Papal prerogative). We must take heed how we question the Popes power herein, for if we do, they may question the Government of God. And herein he is followed by (h)Sylvester a Dominican, and Angelus (i)a Franciscan (though in other things they often clash) who tell us that besides Divines, (k)all the Canonists agree in it, if well understood. And this, the former (l)extends to particular cases, whether in the natural or divine Law, and the latter concludes it, (m)not only as to to the Precepts of the second Table; but as to all the commands, both in the Old and New Testament. All the question is, (n)how one may know when the reason of Gods Law ceaseth in any case? to which he answers, that this we sometimes may learn by the examples of God himself, who many times dispensed with his ⟨p. 375⟩own Law. So that in such cases, it seems, the Pope may do as much as God himself. But this may not prove enough to serve the Popes turn. So he adds, (o)When we have not an example of that, or the like dispensation in Scripture, the declaration of it (that is, when the reason of the Law fails) in any other case, belongs to the Pope alone. Accordingly (p)Sylvester, He may, when there is any doubt, Authoritatively explain whether or no in any certain case the reason of the divine or natural Precept takes place. The Pope, if he were God (as they too often call him) needs not herein, desire more power than this; he may declare that the reason of the divine Law ceases when he pleases, and so he may dispense with it when he list. Thus the Pope might discern the reason of the Law for Marriage to cease, when Olivares had declared Julian Valeasor his Heir, & so gave him leave to Marry another Wife, when he had one already, lawfully Marryed: (yet his Holiness might be hastier herein than some Doctors would have him, who though they hold the Pope can dispense with one to have two, or more Wives at once;
- (g)Si occurreret casus particularis in quo deficeret ratio legis—tunc papa posset dispensare aliter ut dicit Ricar. non videretur Deus fuisse bonus pater-familias. v. papa. n. 1.
- (h)V. papa. n. 16.
- (i)Ibid.
- (k)Et in praedicta opinione concurrunt omnes Canonistae, si been intelligantur. Idem. ibid.Et in praedicta opinione concurrunt omnes Canonistae, si bene intelligantur. Idem. ibid.
- (l)Potest ea interpretari in dubio authoritative, scil. utrum in aliquo determinato casu, habeat locuni ratio divini, aut naturalis statuti, vel non, Sylvest. ibid.
- (m)Et quod dico de praeceptis secundae tabulae, idem dic de omnibus praeceptis veteris & novi Testamenti, Angelus. ibid.
- (n)Sed quis poter it scire quando ratio legis deficit in aliquo casu? Resp. quod istud aliquando habemus ex exemplo Dei, qui multoties dispensavit in sua lege.
- (o)Sed quum talis dispensationis vel similis non habemus exemplum i• scriptu•a, tunc ad solum pnpam pertinet ipsius declaratio. Idem. ibid.
- (p)Supra.
