La doctrina sobre el poder del príncipe en Alfonso Hojeda de Mendoza

Abstract

Alfonso Hojeda de Mendoza was an outstanding canonist that in 1576 published a book in Venice on the eclesiástica benefits. The book is divided into two parts: the first one is devoted to argue against the plurality of benefits in the same person, according to Trento's decrees, while the second one deals, however, with the compatibility of benefits by the Pope's dispense. The own terms in which both parts are expressed reveal the contradictions, in which the author must move, always difficult to avoid. The doctrine of the cause, as well as the distinction among normative orders, is the main conciliatory tool for Hojeda. The Pope is unlinked to human or positive right, otherwise he could not dispense or privilege, however he can only do it for a just cause