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Updated: April 30, 2025
Now this judgment which is required as one of the inseparable companions of a lawful oath, is not executio justitiae, but judicium discretionis, as Thomas teacheth; whom Bullinger and Zanchius do herein follow. But there is no judgment of discretion in his oath who swears to that he knows not what, even to that which may fall out as readily wrong as right.
Also, "If, after nulla bona returned, a testatum be entered upon the roll, quod devastavit, a writ of inquiry shall be directed to the sheriff, and if by inquisition the devastavit be found and returned, there shall be a scire facias quare executio non de propriis bonis, and if upon that the sheriff returns scire feci, the executor or administrator may appear and traverse the inquisition."
Accepto corpore Domini et reservato, utrumque salvum est, et participatio sacrificii, et executio officii. Ans.
To me it is no less than a matter of admiration how Camero could so far forget himself as to say, that in things pertaining unto religion, dirigere atque disponere penes magistratum est proprie, penes ecclesiasticos ministerium atque executio proprie, telling us further, that the directing and disposing of such things doth then only belong to ecclesiastical persons when the church suffereth persecution, or when the magistrate permitteth that the matter be judged by the church.
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