may lawfully exercise some such acts in his proper person, as to sell, pawn, or pledge, to enfeoff by manner and form ordained by law: but there are some acts which it is not lawful for them to exercise in their proper person, but they ought to have, afterwards, a vice-gerent or proctor to do the same: whereupon there is prohibition made in the law in the rubric, "Ne Clerus vel Monachus secularibus negotiis se immisceat, et in aliis rebus."
Objection.It was also moved, whether that coactive power, which ought to be exercised by a steward, &c. be in the hands of an ecclesiastical prelate. Answer.
Coactive power, whether it belongeth to the clergy, and how.Whereupon John Polomar answered. That this question pre-supposeth another, whereof there are divers opinions amongst the doctors. In whose power the dominion of the church should be: and furthermore, whether the actions be in the person of the tutor or proctor; or, if they be not in their person, they be notwithstanding, by the constitution of any actor or proctor, whose exercising of those actions doth give authority under the actor or proctor; with other difficulties, whereof it is not needful to speak at this present. But forasmuch as he was urged to say his opinion, he said, that to such as had either leisure or pleasure in disputation, and would argue against him, he would be contented to give the choice, to take which part he would: but his opinion was rather that the dominion of church matters should be in the power of Christ; and the prelates, with the other clergy, are but canonical administrators in manner of tutors, but they have more power and administration than tutors, and by constituting a steward or vicegerent, &c. their constitution being made, the steward or vicegerent hath the same coactive power and exercise of jurisdiction.
Also, as touching the fourth article, for the declaration of the first conclusion, it is agreed that these words, "juste requisita," i. e. "justly gotten," alleged therein, determine all things contained in the same.
The goods of the church, in whose possession they be properly.Also, as touching the second conclusion, where the sacred canons and holy doctors speak thus: "The goods of the church, the substance of the church, and the possessions of the church;" and divers other opinions there be amongst the doctors, in whose power the possession they rule thereof should be; as it is noted in the Glossary, cap. "Expedit." 12 Quæst. 1. "They do not intend to constrain any man to any of those opinions neither to exclude any of them; but that every man should have liberty probably to maintain which of them he thinketh best."
The clergy be administrators, not lords of the temporalties of the church.Moreover the Bohemians said, That they did believe that the clergy are but administrators of the temporalties of the church, and not lords thereof, according to the manner of speaking of the Scriptures, holy doctors, and canons. Also the Bohemians said. That on all of the occasions which should hereafter arise, they would wholly stand to the determination of the judge agreed upon at Egra, with one consent. In this manner did the ambassadors make answer unto the Bohemians.
At last, after much communication had to and fro, a concord and unity was concluded and confirmed by setting-to their hands. The Bohemians promised to receive the peace and unity of the church, and the declaration of the three articles. A. D. 1438.This was done A. D. 1438, about the feast of St. Martin. It was afterwards agreed,