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Defensor minor
The ''Defensor minor'' is a work by Marsilius of Padua written around 1342. The Defensor minor is a restatement and defense of Marsilius's best known work, the ''Defensor pacis''.〔Nederman, Cary J. (Marsiglio of Padua: 'Defensor minor' and 'De translatione imperii' )〕
The text discusses civil and ecclesiastical jurisdiction, the confession, penance, indulgences, the Crusades, pilgrimages, plenitudo potestatis, legislative power, the origin of the sovereignty, wedding, and divorce.
==Civil jurisdiction==
With regard to jurisdiction, Marsilius distinguishes between divine and human laws, the first event which is independent of any human will and on the conduct of man in view of the afterlife, the second which determines the will of the people, endowed with coercive power and not modifiable by any clergyman.
This applies also to the Pope that even with his decrees may waive the law, manifestation of the people's sovereignty. While the beneficiaries of the two laws are identical, its object and purpose are different. The one seeks the good of the soul and the other cares for earthly well-being, with the result that the church is denied the power to make laws, even in the persistent silence of human legislation. The same applies to amendments and changes, which should remain solely with the people. The only thing that is relevant to the clergy is the non-legal rules that affect morality and resolve themselves into simple counsels and take effect with counsellors.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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