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We have also decreed that no decretal or decree or law or difficult paragraph shall be reserved to be read at the end of the lecture if, through such reservation, promptness of exit at the sound of the appointed bell is likely to be prevented. A lecture might be either dictated or delivered rapidly, "to the minds rather than to the pens," of the auditors.
The decretal commission demanded by the English ambassadors was, however, refused; but, in its place, a decree was issued empowering Cardinal Wolsey and Cardinal Campeggio to try the case in England and to pronounce a verdict in accordance with the evidence submitted to them. Meanwhile news of what was in contemplation was noised abroad.
After recounting in the third person his studies at Paris in Civil and Canon Law, and Theology, he says: He obtained so much favor in decretal cases, which were wont to be handled Sundays, that, on the day on which it had become known throughout the city that he would talk, there resulted such a concourse of almost all the doctors with their scholars, to hear his pleasing voice, that scarcely could the amplest house have held the auditors.
They were to relate in detail the pope's conduct, his many declarations in the king's favour; the first decretal, which was withheld by Campeggio, in which he had pronounced the marriage with Catherine invalid; his unjust avocation of the cause to Rome; his promises to the King of France; and finally, his engagement at Marseilles to pronounce in the King of England's favour, if only he would acknowledge the papal jurisdiction.
This furnished needful instances of the deposition and excommunication of kings, and proved that they had always been subordinate to the popes. The decretal letters of the popes were put on a par with Scripture. At length it came to be received, throughout the West, that the popes had been, from the beginning of Christianity, legislators for the whole Church.
The kings of France, those called "of the first line," almost all repudiated their wives in order to take new ones. At last came Gregory IX., enemy of the emperors and kings, who by a decree made marriage an unshakeable yoke; his decretal became the law of Europe.
While on the continent the conflict of Church and State took the form of a dispute between the French king and the papacy, in England it assumed the shape of a struggle between Edward and the Archbishop of Canterbury. In November, 1296, at Bury, Winchelsea admitted the justice of the French war, but pleaded the pope's decretal as an absolute bar to any grant from the clerical estate.
We have referred above, when dealing with the legitimacy of commercial profits, to the difficulty which was felt in admitting the justice of compensation for risk, on account of the Gregorian Decretal on the subject. The same decree gave rise to the same difficulty in connection with the justification of a recompense for periculum sortis.
But there was too close an affinity between the philosophy of Leibnitz and that of Hobbes, to permit the former to furnish the most satisfactory refutation of the argument of the latter. This command to Abraham does not show that there ever was any such contrariety between the revealed and the decretal wills of God, as is contended for by Hobbes and Edwards.
We order this statute to be published in each school at the beginning of the term.... Since topics not read by the Doctors are completely neglected and consequently are not known to the scholars, we have decreed that no Doctor shall omit from his sections any chapter, decretal, law, or paragraph. If he does this he shall be obliged to read it within the following section.
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