This is a decided case amongst the Canonists, Decis. 2. Tit. de Praebend. Quia licet Abbatissae aut Moniali∣bus cur a committi non possit, quoad exercitium actuale, ta∣menius potest ipsis competere, vtexercitium faciant per vi∣rum illius potestatis capacem. Vide notatum per Innocent de Praeb.c.Lateran.et per gloss.in ca. Cum et plantare. Though vvomen be vncapable of the cure of soules, as touching the actuall exercising thereof themselues: yet Abbasses, and Monials, may haue right and power, to exercise the same by a man capable of that power.
But it is not amiss to obserue some conclusions from the Iesuits Positions heere.
First, that the Popes supreme power Ecclesiasticall, is dependant vpon another, that is, vpon Peter. For he asserteth out of Bernard, That (not Christ, but) Peter gaue vnto the Pope, the cure of the vvhole Church.
Secondly, that the Pope, as Peters successor, neither hath, nor can giue, any temporall possessions. For so he makes Bernard concluding thus: Peter had no tem∣porall possessions himselfe: therefore he could give no tem∣porall possessions to his successor the Pope.
Thirdly, That a man may giue that to another, which hee hath not himselfe. For the Pope, as Peters successor, giues temporall Kingdoms & Empires: and yet the Pope, as Peters successor, hath no temporall posselsions, much lesse Kingdoms, and least of all, Empires.
Out of these conclusions, growe these two Quae∣res following;
- 1. Whether the Pope in giuing Kingdoms, distri∣buting the vastest parts of the earth, the Indians East & West, viz. among the Kings of Spaine and Portugall;