In the two uses, one in Turretin and one in JDRE (jus divinum regiminis ecclesiastici), how is the Greek, κατὰ θέσιν, being used? The both have it following the affirmation or the positive, what it is, side of a question.
Turretin. Second proposition: An absolute right in sacred things does not belong to the magistrate, but a limited. In what it does not consist, negatively (κατ' ἅρσιν). XII. Second proposition. “Although a right about sacred things belongs to the magistrate, it is not absolute, but limited and circumscribed within certain limits, differing greatly from the right of pastors.” This can be shown: [1.] negatively (κατ' ἅρσιν), in what it does not consist; [2.] affirmatively (κατά θέσιν) and positively, in what it does. As the former: (1.) he cannot make new articles of faith or institute and enjoin new worship because it is will-worship (ἐθελοθρησκεία) condemned by the word of God (Isa. 29:13; Matt. 15:8, 9; Col. 2:23) and subjected to a curse (Gal. 1:8, 9) and vindicated by various examples of the divine judgment in Jeroboam, Ahab and Nebuchadnezzar. (2.) To him does not belong the preaching of the word or the administration of the sacraments, because they are proper and essential formal ministerial acts (Matt. 28:19, 20) which no one ought to exercise without a call (Heb. 5:4; 1 Cor. 7:20).
JDRE: Now this receptacle of power comes to be evidenced, affirmatively, (κατὰ θέσιν), what it is, viz. (according to the express words of the description of government,
Turretin. Second proposition: An absolute right in sacred things does not belong to the magistrate, but a limited. In what it does not consist, negatively (κατ' ἅρσιν). XII. Second proposition. “Although a right about sacred things belongs to the magistrate, it is not absolute, but limited and circumscribed within certain limits, differing greatly from the right of pastors.” This can be shown: [1.] negatively (κατ' ἅρσιν), in what it does not consist; [2.] affirmatively (κατά θέσιν) and positively, in what it does. As the former: (1.) he cannot make new articles of faith or institute and enjoin new worship because it is will-worship (ἐθελοθρησκεία) condemned by the word of God (Isa. 29:13; Matt. 15:8, 9; Col. 2:23) and subjected to a curse (Gal. 1:8, 9) and vindicated by various examples of the divine judgment in Jeroboam, Ahab and Nebuchadnezzar. (2.) To him does not belong the preaching of the word or the administration of the sacraments, because they are proper and essential formal ministerial acts (Matt. 28:19, 20) which no one ought to exercise without a call (Heb. 5:4; 1 Cor. 7:20).
JDRE: Now this receptacle of power comes to be evidenced, affirmatively, (κατὰ θέσιν), what it is, viz. (according to the express words of the description of government,