The Hibernensis, Volume 2: Translation, Commentary and Indexes (Studies in Medieval and Early Modern Canon Law)

545 Pages·2019·2.597 MB·English

by  Roy Flechner (author)

The Hibernensis
• BOOK 2
Studies in Medieval and Early Modern Canon Law
Kenneth Pennington, General Editor
Editorial Advisory Board
Uta-Renate Blumenthal, The Catholic University of America
Giles Constable, Institute for Advanced Study
Richard Helmholz, University of Chicago
John E. Lynch, The Catholic University of America
Robert Somerville, Columbia University
Brian Tierney, Cornell University
Studies in Medieval and Early Modern Canon Law
VOLUME 17 • BOOK 2
The Hibernensis
Translation, Commentary, and Indexes
Roy Flechner, Editor
The Catholic University of America Press
Washington, D.C.
The Catholic University of America Press thanks the author for preparing
this camera-ready publication for printing.
Copyright © 2019
The Catholic University of America Press
All rights reserved
The paper used in this publication meets the minimum requirements of
American National Standards for Information Science—Permanence
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ISBN: 978-0-8132-3221-8
Hibernensis: Translation

Observing the numerousness of copies of synodal texts, and foreseeing
thattheobscurityofagreatmanyofthemwillbelessusefultotheunini-
tiated, and also anticipating that the inharmonious diversity of the rest
would be destructive rather than constructive, I have provided a brief,
clear, and harmonious exposition in a single volume out of the great for-
est of authors, adding many things, reducing many things, excerpting
many things word-for-word, asserting more things following the sense
1
withtheorderofthewordsdisregarded; seekingthisaloneinallthings:
that the things that might appear as recommendations should not be im-
putedtomyjudgement. Ihaveprefixednamesofindividualstoindivid-
ual testimonies, lest whatever someone may call uncertain should shine
less brightly. But let this not deceive the reader, that when he turns to
thegeneraltitles,whichweprefixedbynecessity,heoughttoobservethe
numbers diligently; by which numbers, when they are observed, he will
2
findthematterthathewisheswithoutdelay. Theprologueends.
Concerning the synod
Concerningtheword‘synod’
Inthebooksofetymologies: ‘Synod’istranslated‘company’or‘assembly’.
The word ‘council’ is drawn from Roman custom, for when cases were
beingdealtwith,everyonegatheredtogetheranddebatedwithacommon
interest. Whence ‘council’ also takes its name from ‘common interest’, as
if it were ‘council’, that is, as if it were ‘I revolve’ (conuerso). For they are
3
[like]eyelids(cilia).
Whence also a judicial assembly (considium) is a council (concilium)—that
4
is, a council decree of itself —the letter ‘d’ changing to ‘l’. An assembly
is a gathering or congregation, from ‘coming together’ (coeundo), that is,
from‘conveningtogether’(conueniendo).
However, Cicero says: ‘synod’ is a Latin noun; saying, ‘a synod is a con-
gregationoftheelders’.
Concerningtheprincipalsynods
In the books of etymologies: However, of all the councils, we find that
there are four venerable synods which principally encompass the whole
480 PrefaceHibernensis
faith,justastherearethefourGospelsorasmanyriversofparadise. The
first, the Nicaean synod of 318 bishops, took place during the reign of
Constantine Augustus. In it was condemned the blasphemy of the Ar-
ian heresy, which the same Arius espoused concerning the inequality of
the Holy Trinity. The second synod, of 150 fathers, was convened under
TheodosiustheElderatConstantinople. IncondemningMacedoniuswho
denied that the Holy Spirit was the Lord, it demonstrated that the Holy
Spirit is consubstantial with the father and son. The third, the Ephesian
synodof200bishops,washeldunderTheodosiusAugustustheYounger.
This synod, by just anathema, condemned Nestorius, who espoused that
there were two persons in Christ. The fourth, the Chalcedonian synod of
630sacerdotes, washeldundertheprinceps5 Marcian. Inwhichasentence
of the fathers condemned Eutyches, the Constantinopolitan abbot, who
propagated the single nature of the word of God and the flesh, and his
defender,Dioscorus,atonetimebishopoftheAlexandrians,and,oncemore,the
sameNestoriustogetherwiththeotherheretics;thesamesynodproclaimedthat
ChristtheLordwasbornofavirginsuchthatinhimtherewasasubstanceofboth
thedivineandhuman.
6
From Dionysius’s preface to Stephen concerning different syn-
ods
At Nicaea 20 rulings. At Ancyra 24 rulings. At Caesarea 14 rulings. At
Antioch26rulings. AtLaodiceainPhrygia58rulings. AtConstantinople
13 rulings. At Chalcedon 27 rulings. AtGangra20rulings. Rulings of the
Sardican7 synod20. AtCarthageinAfrica138rulings. Itendsamen.
Concerningthedaysforconveningsynods
ThesynodofAntiochsaid: Forthesakeofecclesiasticalexpediencyandforad-
dressingthethingsthatmeetwithdoubtandcontroversy,itwasmostopportunely
decidedthatineachandeveryprovincecouncilsofbishopsoughttoberepeated
twice a year: the first after the third week of the Paschal feast, so that a synod
may be convened in the fourth week of Pentecost, after the metropolitan bishop
hasgivennoticetotheprovincials. LetthesecondsynodtakeplaceinOctober,
that is on the fifteenth of the month of October. In these councils there shall be
presentpresbyters,deacons,andallotherswhofeelthemselvesaggrieved. And
let the judgement of the synod explore matters. Let none celebrate councils at
1.1Hibernensis 481
their own sees, save those in whom metropolitan prerogatives are seen to have
beeninvested.
1 Concerning the bishop
1.1 Concerningtheword‘bishop’
Theword‘bishop’isdrawnfromGreek,changing‘os’into‘us’,rendering
that which in Latin is called ‘overseer’ or ‘superintendent’, because he
overseestheconductandthewayoflifeofthepeopleunderhimandsuperintends
thecareofhissubjects.
Isidore said: Looking (scopus) is indeed the intention, therefore, in Latin
wecansaythatabishopsuperintends.
Anditisnotthepresiderwhoenjoysrespect,buthewhohelpsbyadministering
caretoothers,namelytohissubjects.
Paul:Hewhodesirestheofficeofabishop,desiresgoodwork.
Isidore: However,theepiscopaloffice,asacertainwisemansaid,denotes
8
burden rather than honour. Note that bishops are designated sacerdotes,
9
andlikewisepresbytersaredeemedtobesacerdotes.
Likewise: Let it be known that bishops and presbyters assumed their ap-
pellationsfromthenewlaw. However,sacerdotesaresonamedbothinthe
oldandinthenewlaw. Letthebishopknowthatheisdesignatedpontifex and
antistesandchiefsacerdos.
Thatamanwhowaspollutedbyasecondorillicitmarriageoughtnot
beordainedbishop
A Roman synod says: If someone after baptism should be joined by a second
marriage, or should have a concubine, he may not be a bishop, or presbyter, or
deacon,or,inshort,benumberedamongthosewhoserveinthesacredministry.
Isidoresaidinthebooksconcerningtheoffices: Forifsomeonewhohasalready
been placed in the episcopal office or the office of presbyter had committed a
mortal sin, he ought not offer loaves to the Lord. All the more so let him not be
ordainedifhehasbeenfoundtobeasinnerpriortohisordination.