Frontmatter

Titlepage

The Ordinatio of Blessed John Duns Scotus

Book 4. Distinctions 14 - 42

Translated by Peter L.P. Simpson

Translator's Preface

This translation of Book IV dd.14-42 of the Ordinatio (aka Opus Oxoniense) of Blessed John Duns Scotus is complete. These distinctions fill volume thirteen of the Vatican critical edition of the Latin text edited by the Scotus Commission in Rome and published by Quarrachi.

Scotus’ Latin is tight and not seldom elliptical, exploiting to the full the grammatical resources of the language to make his meaning clear (especially the backward references of his pronouns). In English this ellipsis must, for the sake of intelligibility, often be translated with a fuller repetition of words and phrases than Scotus himself gives. The possibility of mistake thus arises if the wrong word or phrase is chosen for repetition. The only check to remove error is to ensure that the resulting English makes the sense intended by Scotus. Whether this sense has always been captured in the translation that follows must be judged by the reader. In addition, there are passages where not only the argumentation but the grammar too is obscure, and I cannot vouch for the success of my attempts to penetrate the obscurity. So, for these and the like reasons, comments and notice of errors from readers are most welcome.

Note: this volume of the critical text seems to be less well edited than earlier volumes, and has some infelicities of punctuation and backward reference in particular that have had to be changed in the translation. Not all these changes seemed significant enough to need indicating in footnotes.

Peter L.P. Simpson August, 2020 Deo Gratias

Contents

Book Four

Fourteenth Distinction

                                        

Question One: Whether Penitence is Necessarily Required for Deletion of Mortal Sin Committed after Baptism	Num. 1
I. To the Question	Num. 16
A. What Remains in a Sinner after Sin has been Committed
1. Preliminaries	Num. 17
2. Opinion of Others
a. Statement of the Opinion	Num. 21
b. Rejection of the Opinion	Num. 22
3. Scotus’ own Opinion	Num. 28
B. What Remains in the Sinner after Sin can be Deleted by some Punishment	Num. 35
C. About Voluntary Penalty or Punishment
1. About the Thing of Such Punishment or Penitence
a. The Penalty or Punishment should be Voluntary	Num. 40
b. About the Ways in which a Penalty can be Voluntary	Num. 44
2. About the Name of the Aforesaid Penitence
a. About the Word ‘Penitence’ when Taken Equivocally	Num. 57
b. About the Word ‘Penitence’ Taken Univocally or Properly	Num. 61
D. Solution of the Question	Num. 64
II. To the Initial Arguments	Num. 71
Question Two: Whether the Act of Penitence Required for Deletion of Mortal Sin is an Act of some Virtue	Num. 76
I. To the Question	Num. 83
A. About ‘To be Penitent’ as an Act of Virtue	Num. 84
1. According to the First Signification, which is ‘To Avenge Sin’	Num. 85
2. According to the Remaining Three Significations, which are: To Detest Sin, to Accept Penalty Gladly, to Suffer Penalty Patiently	Num. 121
B. Whether Being Penitent as an Act of Virtue is Required for Deletion of Sin	Num. 127
1. For Deletion of Sin ‘To be Penitent’ is not Required as an Act of any Determinate Virtue	Num. 128
2. For the Deletion of Sin an Act as it is First Generative of Virtue can Suffice	Num. 129
3. Whether for Deletion of Sin is Required a Human Act that is Unformed or Formed	Num. 130
II. To the Initial Arguments	Num. 151
Question Three: Whether Penitence as Virtue is Inflictive of a Single Penalty Only	Num. 159
I. To the Question	Num. 167
II. To the Initial Arguments	Num. 184
Question Four: Whether Guilt is Deleted by the Sacrament of Penitence	Num. 188
I. To the Question	Num. 194
A. About the Idea of the Name ‘Sacrament of Penitence’	Num. 195
B. Something is Contained under the Idea of the Aforesaid Name	Num. 196
1. It is Possible for Something to be Contained under the Idea of the Name	Num. 197
2. It is Fitting for Something to be Contained under the Idea of the Name	Num. 198
3. Something is Really Contained under the Idea of the Name	Num. 207
C. Solution of the Question	Num. 213
II. To the Initial Arguments	Num. 220

Fifteenth Distinction

                                                     

Question One: Whether to Every Mortal Actual Sin there Correspond a Proper Satisfaction	Num. 1
I. To the Question	Num. 9
A. About Satisfaction Taken Generally	Num. 10
1. About the Idea of the Name ‘Satisfaction’ Taken Generally	Num. 11
2. Whether this Sort of Satisfaction for Guilt is Possible for Man
a. Anselm’s Solution	Num. 17
b. What Should be Said of Anselm’s Solution	Num. 22
c. Scotus’ own Solution	Num. 29
3. What Satisfaction Consists In	Num. 32
4. Solution of the Question	Num. 35
5. About the Separation of Satisfaction from Satisfaction Taken Universally	Num. 40
B. About Satisfaction Taken Properly and Strictly	Num. 43
1. About the Idea of the Name ‘Satisfaction’ Taken Strictly	Num. 44
2. What Such Satisfaction Consists In	Num. 45
3. Whether to Every Sin there Correspond its Proper Satisfaction	Num. 46
4. Whether One Proper Satisfaction is Separable from Another
a. Opinion of Others and its Refutation	Num. 52
b. Scotus’ own Response	Num. 55
II. To the Initial Arguments of Both Parts	Num. 59
Question Two: Whether Anyone Who Has Unjustly Taken Away or Retains Another’s Property is Bound to Restore it so that He cannot be Truly Penitent without such Restitution	Num. 65
I. To the Question	Num. 78
A. Whence it is that there is Distinct Ownership of Things
1. First Conclusion	Num. 79
2. Second Conclusion	Num. 83
3. Third Conclusion	Num. 87
4. Fourth Conclusion	Num. 91
5. Fifth Conclusion	Num. 93
6. Sixth Conclusion	Num. 99
B. How Ownerships, Distinct at the Beginning, are Justly Transferred	Num. 102
1. First Conclusion	Num. 103
2. Second Conclusion	Num. 111
3. Third Conclusion	Num. 120
4. Fourth Conclusion	Num. 134
5. Two Other Conclusions or Rules	Num. 143
6. Two Final Conclusions or Conditions	Num. 152
C. What Unjust Taking of Another’s Things is, or What Causing Loss to Another in Matters Temporal is	Num. 158
D. How the Holder of Another’s Property is Obligated to Restitution	Num. 170
II. To the Initial Arguments	Num. 195
Question Three: Whether he who Harms Another in the Goods of his Person, as Body or Soul, is Bound to Make Restitution so he Can be Truly Penitent	Num. 213
I. To the Question
A. About Losses Inflicted	Num. 219
1. About Losses in Goods of the Soul	Num. 220
2. About Losses in Goods of the Body	Num. 226
B. About Goods to be Restored	Num. 227
1. What Could be Established by Statute	Num. 228
2. What has Been Established by Statute	Num. 237
II. To the Initial Arguments	Num. 245
Question Four: Whether he who Causes a Loss to Someone in the Good of Reputation is Bound so to Make Restitution that he Cannot be Truly Penitent unless he Restore his Reputation	Num. 247
I. To the Question	Num. 252
A. Defaming by Charge of a False Crime	Num. 253
B. Defaming by Public Revelation of a True but Hidden Crime	Num. 260
C. Defaming by Denial of a True but Hidden Crime Publicly Charged	Num. 261
II. To the Initial Arguments	Num. 270

Sixteenth Distinction

                   

Question One: Whether these Three, Contrition, Confession, and Satisfaction, are the Parts of Penitence	Num. 1
I. To the Question
A. About the Many Ways of Taking the Term ‘To Be Penitent’ Num. 9
B. About these Ways of Taking the Term with Respect to Penitence as Virtue	Num. 16
C. About these Ways of Taking the Term with Respect to Penitence as Sacrament	Num. 25
II. To the Initial Arguments	Num. 27
Question Two: Whether Remission or Expulsion of Guilt and Infusion of Grace are One Simple Change	Num. 32
I. To the Question
A. A possible Solution
1. First Conclusion	Num. 39
2. The Second Conclusion	Num. 44
B. Weighing of the Aforesaid Possible Solution	Num. 53
C. Scotus’ own Response	Num. 56
1. About a Created Will	Num. 57
2. About the Divine Will	Num. 59
3. Objections and their Solution	Num. 66
II. To the Initial Arguments of the First Side	Num. 76
III. To the Reasons Adduced for the First Conclusion	Num. 80
IV. To the Initial Arguments for the Other Side	Num. 84

Seventeenth Distinction

              

Single Question: Whether for Salvation a Sinner Needs to Confess all his Sins to a Priest	Num. 1
I. To the Question	Num. 17
A. By what Precept a Christian is Bound to Make Confession to a Priest of Sin he has Committed
1. About Natural Right and Divine or Ecclesiastical Positive Right	Num. 18
2. Application to the Issue at Hand of what has been Said
a. In the Time of the Law of Nature and of the Mosaic Law	Num. 22
b. In the Time of the Gospel Law after Lateran Council IV	Num. 34
c. In the Time of the Gospel Law before Lateran Council IV	Num. 35
3. The More Reasonable Conclusion is to be Held	Num. 42
a. Solution of Others and the Weighing of It Num. 45
b. Scotus’ own Solution	Num. 48
B. What the Precept about Confession Includes	Num. 58
C. What has Been Articulated Further about the Precept of Confession by Precept of the Church	Num. 72
II. To the Initial Arguments	Num. 90

Eighteenth and Nineteenth Distinctions

                   

Question One: Whether the Power of the Keys Extends only to Temporal Penalty	Num. 1
Question Two: Whether the Keys of the Kingdom of Heaven are Conferred on Every Priest in the Reception of Orders	Num. 8
I. To the Second Question
A. Solution of the Question	Num. 17
1. About a Priest’s First Key	Num. 18
2. About a Priest’s Second Key	Num. 32
3. About the Distinction between the Aforesaid Keys	Num. 40
4. About the Double Power of the Priest in the Use of the Aforesaid Keys	Num. 54
5. About the Use of the Two Keys of the Church in the External Forum	Num. 63
B. To the Initial Arguments	Num. 81
II. To the First Question
A. Solution of the Question
1. Two Conclusions of Others	Num. 86
2. Refutation of the Conclusions
a. Against the First Conclusion	Num. 95
b. Against the Second Conclusion	Num. 103
3. Scotus’ own Response	Num. 107
B. To the Initial Arguments of the First Part	Num. 118
C. To the Initial Arguments for the Opposite	Num. 125

Twentieth Distinction

        

Single Question: Whether Penitence in Extremities Avails for Salvation	Num. 1
I. To the Question
A. Two Conclusions	Num. 10
B. Proof of the Conclusions
1. Proof of the First Conclusion	Num. 12
2. Proof of the Second Conclusion	Num. 14
C. Two Corollaries	Num. 23
II. To the Initial Arguments	Num. 25

Twenty First Distinction

                         

Question One: Whether after this Life any Sin can be Dismissed	Num. 1
I. To the Question
A. About the Penalty Due for Sin Dismissed in this Life the Conclusion is Certain	Num. 9
B. About the Penalty for Sin not here Dismissed, and About Sin itself not here Dismissed	Num. 15
1. About Mortal Sin	Num. 16
2. About Venial Sin	Num. 17
a. Opinion of Others	Num. 18
b. Rejection of the Opinion
α. Against the first Proof	Num. 21
β. Against the Second Proof	Num. 32
C. Two Corollaries	Num. 40
II. To the Initial Arguments	Num. 46
Question Two: Whether a Confessor is in Every Case Bound to Hide a Sin Uncovered to him in Confession	Num. 55
I. To the Question
A. Statement of Five Conclusions	Num. 65
B. Proof of the Conclusions
1. About the First Conclusion
a. Proof of the First Conclusion by Others	Num. 66
b. Refutation of the Aforesaid Proof	Num. 67
c. Scotus’ own Reasons for the First Conclusion	Num. 77
2. About the Second Conclusion	Num. 86
3. About the Third Conclusion	Num. 90
4. About the Fourth Conclusion	Num. 91
5. About the Fifth Conclusion	Num. 103
II. To the Initial Arguments	Num. 106

Twenty Second Distinction

                  

Single Question: Whether Sins Dismissed through Penitence Return the Same in Number in the Recidivist who Backslides	Num. 1
I. To the Question	Num. 9
A. Whether it be Possible by the Absolute Power of God for the Same Sin in Number to Return
1. Opinion of Others	Num. 10
2. Rejection of the Opinion	Num. 11
3. Scotus’ own Response	Num. 17
B. Whether by the Ordained Power of God the Same Sin in Number could in Any Way Return
1. Response	Num. 18
2. Objection and its Solution	Num. 19
3. Objection to the Last Statement and its Solution	Num. 26
4. A Further Objection and its Solution	Num. 30
5. Two Corollaries	Num. 37
C. How in Fact the Same Sin in Number can be Said to Return in the Recidivist
1. Response	Num. 41
2. Objections and their Solution	Num. 44
3. A First Doubt and its Solution	Num. 59
4. A Second Doubt and is Solution	Num. 61
II. To the Initial Arguments	Num. 63

Twenty Third Distinction

     

Single Question: Whether Extreme Unction is a Sacrament of the New Law Num. 1
I. To the Question	Num. 6
A. About the Possibility, Fittingness, and Reality of this Sacrament	Num. 7
B. About Extreme Unction and its Total Idea	Num. 11
II. To the Initial Arguments	Num. 23

Twenty Fourth Distinction

                

Single Question: Whether there are Seven Orders in the Church in the Way in which Order or Ordination is Posited to be a Sacrament	Num. 1
I. To the Question	Num. 11
A. What an Order is According as we are Now Speaking of Order
1. Opinion of Others
a. Statement of the Opinion	Num. 12
b. Rejection of the Opinion	Num. 13
2. Scotus’ own Opinion
a. About Order Taken Generally	Num. 16
b. About Order Taken Specifically	Num. 20
B. How Many Orders there are in the Church in the Way that Order or Ordination is Posited to be a Sacrament
1. First Position of Others, Understood in Two ways	Num. 23
2. Another Position of Others	Num. 30
3. Scotus’ own Position	Num. 34
C. Whether Order is a Sacrament	Num. 38
D. How the Sacrament of Order is One	Num. 46
II. To the Initial Arguments	Num. 48

Twenty Fifth Distinction

                     

Question One: Whether Canonical Penalty Impedes Reception and Conferring of Orders	Num. 1
I. To the Question	Num. 9
A. About Canonical Penalties
1. About Canonical Penalty as it is here Understood	Num. 10
2. About the Six Canonical Penalties	Num. 13
a. About the First Penalty or about Deposition	Num. 14
b. About the Second Penalty or about Infamy	Num. 18
c. About the Third Penalty or about Irregularity	Num. 24
α. Irregularity from Crimes	Num. 26
β. Irregularity from Non-Crimes	Num. 32
γ. Irregularity from Two Other Sources, at Times with and at Times without Fault	Num. 35
d. About the Fourth Penalty or about Excommunication	Num. 40
e. About the Fifth Penalty or about Interdict	Num. 49
f. About the Sixth Penalty or about Suspension	Num. 51
B. How Canonical Penalties Exclude from Conferring or Receiving Orders	Num. 55
II. To the Initial Arguments
A. To the Arguments of the First Part	Num. 57
B. To the Arguments for the Opposite	Num. 60
Question Two: Whether Female Sex or Childhood Impede the Reception of Orders	Num. 64
I. To the Question	Num. 72
II. To the Initial Arguments	Num. 79

Twenty Sixth Distinction

              

Single Question: Whether Matrimony was Established Immediately by God	Num. 1
I. To the Question
A. Things Worthy of Note that Need to be Set Down First
1. Five Main Conclusions	Num. 6
2. Proof of the Main Conclusions
a. Double Proof of the First Main Conclusion
α. First Proof	Num. 12
β. Second Proof	Num. 19
b. Proof of the Second Main Conclusion	Num. 32
c. Proof of the Third Main Conclusion	Num. 38
d. Proof of the Fourth Main Conclusion	Num. 47
e. Proof of the Fifth Main Conclusion	Num. 64
B. The Application of the Aforesaid to the Question	Num. 74
II. To the Initial Arguments	Num. 82

Twenty Seventh Distinction

      

Question One: Whether Matrimony is Suitably Defined as ‘The Marital Union of Man and Woman Retaining, between Legitimate Persons, an Indissoluble Life’ Num. 1
I. To the Question	Num. 6
II. To the Initial Arguments	Num. 7
Question Two: Whether Consent Expressed in Words is the Efficient Cause of Matrimony	Num. 8
I. To the Question	Num. 13
II. To the Initial Arguments	Num. 16

Twenty Eighth Distinction

   

Single Question: Whether Consent Alone about the Present Expressed in Words is Cause of Matrimony	Num. 1
I. To the Question	Num. 7
II. To the Initial Arguments	Num. 9

Twenty Ninth Distinction

           

Single Question: Whether Coerced Consent in One or Both of the Contracting Parties Suffice for Contracting True Matrimony	Num. 1
I. To the Question
A. Opinion of Others
1. Exposition of the Opinion	Num. 11
2. Rejection of the Opinion	Num. 12
B. Scotus’ own Response	Num. 21
1. How Consent Could be Coerced	Num. 22
2. Whether Coerced Consent Suffice for Contract of Matrimony	Num. 27
3. Some Doubts against the Aforesaid	Num. 34
4. Solution of the Doubts	Num. 37
II. To the Initial Arguments	Num. 47

Thirtieth Distinction

             

Question One: Whether for Contract of Matrimony a Consent is Required that Follows a Non-erroneous Apprehension	Num. 1
I. To the Question
A. Solution of the Question	Num. 8
B. Corollary	Num. 9
C. Doubts	Num. 14
II. To the Initial Arguments	Num. 25
Question Two: Whether between Mary and Joseph there was True Matrimony Num. 32
I. To the Question	Num. 37
A. Between Mary and Joseph there was True Matrimony	Num. 38
B. How there Could have been a True Matrimony between Mary and Joseph
1. Opinion of Others	Num. 45
2. Scotus’ own Opinion	Num. 47
II. To the Initial Arguments	Num. 53

Thirty First Distinction

        

Single Question: Whether the Goods of Matrimony are the Three that the Master Sets Down in the Text, namely Faith, Offspring, and Sacrament	Num. 1
I. To the Question
A. Opinion of Others
1. Exposition of the Opinion	Num. 8
2. Rejection of the Opinion	Num. 9
B. Scotus’ own Response	Num. 13
C. Corollary	Num. 33
II. To the Initial Arguments	Num. 36

Thirty Second Distinction

     

Single Question: Whether in Matrimony it is Simply Necessary to Render the Conjugal Debt to the Other when Asked	Num. 1
I. To the Question	Num. 8
A. About the First Circumstance Excusing the Conjugal Debt Universally Taken	Num. 12
B. About the Second Circumstance Excusing the Conjugal Debt Universally Taken	Num. 23
II. To the Initial Arguments	Num. 29

Thirty Third Distinction

                           

Overview of Questions	Num. 1
Question One: Whether Bigamy was at Some Time Licit	Num. 4
I. To the Question	Num. 8
A. What is Required on the Side of the Contracting Parties for Strict Commutative Justice in the Matrimonial Contract	Num. 9
B. What, in the Event, Suffices for this Justice and How it May Become Sufficient and Completely Just	Num. 15
II. To the Initial Arguments for the First Side	Num. 22
III. To the Argument for the Opposite	Num. 28
Question Two: Whether a Bigamist before Baptism Could after Baptism be Promoted to Holy Orders	Num. 29
I. To the Question	Num. 33
A. What is to be Maintained	Num. 34
B. For What Cause it Must be Maintained
1. About the Cause of Congruity	Num. 40
2. About the Cause of Necessity
a. Opinion of Others
α. First and Second Opinion and the Weighing of Them	Num. 41
β. Third Opinion	Num. 49
b. Scotus’ own Response	Num. 58
II. To the Initial Arguments	Num. 62
Question Three: Whether in the Mosaic Law it was Licit to Repudiate a Wife Num. 64
I. To the Question
A. First Opinion	Num. 72
B. Second Opinion
1. Exposition of the Opinion	Num. 78
2. Weighing of the Opinion	Num. 82
C. To the Arguments for the First Opinion	Num. 86
II. To the Initial Arguments that are for the First Opinion	Num. 95
III. To the Initial Arguments that are for the Second Opinion	Num. 99

Thirty Fourth Distinction

     

Single Question: Whether Impotency for the Carnal Act Impede Matrimony Simply	Num. 1
I. To the Question	Num. 8
A. About the Conclusion in General	Num. 9
B. About Double Impotence in Particular	Num. 16
II. To the Initial Arguments	Num. 29

Thirty Fifth Distinction

   

Single Question: Whether Adultery with Someone while the First Husband is Living Impedes Matrimony with the Same Person after the Death of the Husband	Num. 1
I. To the Question	Num. 6
II. To the Initial Arguments	Num. 34

Thirty Sixth Distinction

            

Question One: Whether Servitude Impedes Matrimony	Num. 1
I. To the Question
A. Certain Prefatory Remarks about Impediments to Matrimony Num. 6
B. Solution of the Question	Num. 18
1. Whence Servitude was Brought in and Whether it was Justly Brought in	Num. 19
2. Application to the Issue at Hand
a. Opinion of Others and the Weighing of It Num. 27
b. Scotus’ own Solution	Num. 32
II. To the Initial Arguments	Num. 38
Question Two: Whether Age of Childhood Can Impede Matrimony	Num. 41
I. To the Question	Num. 45
II. To the Initial Argument	Num. 50

Thirty Seventh Distinction

     

Single Question: Whether the Sacrament of Orders Impede Matrimony	Num. 1
I. To the Question
A. Opinion of Others Explicating the Positive Certain Conclusion	Num. 9
B. Scotus’ own Opinion	Num. 19
II. To the Initial Arguments	Num. 23

Thirty Eighth Distinction

     

Single Question: Whether a Vow of Continence Impedes Matrimony	Num. 1
I. To the Question
A. On Distinctions of Vow	Num. 7
B. Solution of the Question	Num. 12
II. To the Initial Argument	Num. 30

Thirty Ninth Distinction

       

Question One: Whether Disparity of Cult Impede Matrimony	Num. 1
I. To the Question	Num. 13
A. How an Unbeliever Can Contract Marriage
1. The Opinion of Some and Rejection of It	Num. 14
2. Doubts and their Solution	Num. 22
B. How a Believer Could Contract a Marriage with an Unbeliever	Num. 26
II. To the Initial Arguments	Num. 35

Fortieth Distinction

     

Single Question: Whether Physical Kinship Impede Matrimony	Num. 1
I. To the Question	Num. 8
A. Descriptions of Certain Names	Num. 9
B. Solution of the Question	Num. 18
II. To the Initial Arguments	Num. 22

Forty First Distinction

     

Single Question: Whether Affinity Impedes Matrimony	Num. 1
I. To the Question
A. On the Notion, Degrees, and Lines of Affinity	Num. 7
B. Solution of the Question	Num. 13
II. To the Initial Arguments	Num. 16

Forty Second Distinction

     

Single Question: Whether Spiritual Kinship Impede Matrimony	Num. 1
I. About Spiritual and Legal Kinship	Num. 5
II. About Impediments that Simply Impede Matrimony	Num. 9
A. About Such Impediments from the Nature of the Contract	Num. 11
B. About Such Impediments by Statute of the Church	Num. 25