Francisco Suárez, De legibus, lib. IV, c. ix, translated by Timothy Wilson
CHAPTER IX.
Whether the Ecclesiastical power is superior to the civil, such that the latter is subject to the former.
1. Although it has been shown, in the chapter above, that the Ecclesiastical power is more excellent in perfection, it is not immediately inferred, that it is superior in subordination and proper jurisdiction: for one faculty can be less perfect than another, and yet not subject or subordinate to it. And hence there can be a reason for doubt, because this subordination does not follow intrinsically from the greater perfection; nor also can it be shown from a special concession of Christ; therefore it is not granted. The major is clear from the reason given, and can be supported by the example of the old law, in which there was also a priestly and a royal power, and nevertheless the royal was not subject to the priestly; no indeed, that the contrary seems to have been the case, is drawn from III Kings 2, where Solomon deposed Abiathar from the Priesthood; and in his place he set Sadoc; therefore the priestly power then was under the royal power, rather than the contrary. Now the minor is proved, because in the new Testament we do not read that Christ instituted the priesthood and conceded to it this superiority, because Peter, notwithstanding his power, commanded all the faithful to be subject to Princes and Kings, 1 Pet 2, and Paul in Romans 13 pronounces the same regarding every soul. Nor also is it had from tradition: for it can be gathered from the histories, rather, that the Emperors sometimes passed judgment upon the Pontiffs, and deposed them.
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