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Updated: June 9, 2025
Rous's Psalter, therefore, as well as the Directory and the Frame of Government being done with, what was to hinder them longer from the Confession and Catechisms? Only one impediment those dreadful jus divinum interrogatories which the Parliament, by Selden's mischief, had hung round their necks! Here also a little management sufficed.
In offices of three lessons the Absolution Exaudi is said on Monday and Thursday; Ipsius, on Tuesday and Friday; A vinculis, on Wednesday and Saturday. But the benedictions vary. Thus, when a gospel extract and a homily are read, the three benedictions are Evangelica, Divinum, Ad societatem.
And as to the common herd of priests, they account it a crime to degenerate from the sanctity of their prelates. Heidah! How soldier-like they bustle about the jus divinum of titles, and how quick-sighted they are to pick the least thing out of the writings of the ancients wherewith they may fright the common people and convince them, if possible, that more than a tenth is due!
After the twelfth century the discussion was conducted on a gradually broadening economic basis appeals to the Fathers, canonists, philosophers, the jus divinum, the jus naturale, the jus humanum, became the order of the day. Before we proceed to discuss the new philosophical or scholastic treatment of usury which was inaugurated for all practical purposes by Aquinas, we must briefly refer to the ecclesiastical legislation on the subject.
A certain amount of tempest is always mingled with a battle. Quid obscurum, quid divinum. Each historian traces, to some extent, the particular feature which pleases him amid this pell-mell. Whatever may be the combinations of the generals, the shock of armed masses has an incalculable ebb.
This attitude of mind, the combination of perfect freedom of thought with full recognition of the legal obligations of the State and its citizens in matters of religion, is not difficult for any one to understand who is acquainted with the nature of the ius divinum and the priesthood administering it.
Insuper sanctum ilium, quern eo loco vidimus, publicitus apprime commendari, eum esse hominem sanctum, divinum ac integritate praecipuum; eo quod, nec faminarum unquam esset, nec puerorum, sed tantummodo asellarum concubitor atque mularum. Where then are those innate principles of justice, piety, gratitude, equity, chastity?
For that law which is simply called jus naturale is innatum, and layeth before the minds of men that way wherein, by the guidance and conduct of nature, they may be led to that good which is, in the end, proportionate to nature; whereas jus divinum is inspiratum, and layeth before us another way, wherein, by a supernatural guidance, we may be led to a supernatural good, which is an end exceeding the proportion of nature.
And it ought to be no prejudice nor exception against a form of church government that many learned and godly divines do assert it from Scripture to be the will of God. And why should jus divinum be such a noli me tangere? Two parties came biassed. The reverend commissioners from Scotland were for the jus divinum of the presbyterial, the Independents for the congregational government.
Especially those who did not adopt Baxter's notion of a 'jus divinum' personal and hereditary in the individual, whose father had broken the compact on which the claim rested. Ib. p. 75. One Mrs.
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