Data published by John Hilary Martin, O.P.,‘The
Ordination of Women and the Theologians in the Middle Ages’, published in
Escritos del Vedat 16 (1986) 115-177, here
p. 101; also in , A History of Women and
Ordination, Volume 1, The Ordination of Women in Medieval Context,
ed. by Bernard Cooke and Gary Macy, the Scarecrow Press, London 2002, pp.
52-5,57,119,120,168 here pp. 83-84,
138
Information on the author
Richard Fishacre was a Dominican who taught at Oxford. Probably he
finished his Sentences in 1240.
Latin Texts
Selections (paragraph numbering by John Wijngaards)
§ 1. “...hic et sequitur, quot sunt de necessitate huius
sacraments de quo sciendum, quod plura. Primum est sexus virilis, unde mulier
non est susceptibïlis ordinis. Si queritur de monialibus que dicuntur
diaconisse: Respondeo, non sic dicuntur quia communicent cum diacono in ordine,
sed tantum in aliquo eius officii, scilicet quia licenciantur ad legendum
Evangelium et dictioni aliquo. Quia non licet eis sacra vasa tangere ut
diacono. Unde D. 23 (c. 25). Sother Papa episcopis Italie, "Sacratas Deo
faminas vel monachas sacra vasa vel sacratas pallas, id est corporales, penes
vos contingere, et incensum circa altaria deferre, perlatum est ad apostolicam
sedem, quo omnia vituperatio reprehensione plena
esse nulli recto sapientium dubium est, quia propter huius sancte sedis
auctoritate ne pestis hec latius divulgetur, quod ornnes provincias abstergi
citissime mandamus". In
Sentencias Commentaria, vol IV, dist. 24; Balliol Ms. 57 (University of
Oxford, Balliol College); Oriel Ms 43 (University of Oxford, Oriel
College).
Here and in the following
are all the things necessary for this sacrament, which are many. First of all
is the masculine sex; and it follows from this that a woman is incapable of
receiving orders. If it is asked about those religious women who are called
deaconesses, I answer that they are not so called because they share orders
with a deacon, but only in so far as they share in some of his offices, viz.,
because they are allowed to read the Gospel and other readings. Since it is not
allowed to them to touch the sacred vessels as a deacon. Thus in distinction 23 [Decretum, dist. 23, c. 25] Pope Soter
to the bishops of Italy, `It has been brought to the attention of the apostolic
see that women consecrated to God, or nuns, touch the sacred vessels or blessed
palls, that is in the presence of your company, and carry incense around the
altar. That all this is blameworthy conduct to be fully censured can be rightly
doubted by no wise person. Because of this, by the authority of this Holy See,
lest this disease spread more widely, we order all provinces to most swiftly
drive it out.'
§ 2. Et nota quod femina si ordinetur, nec
suscipit characterem, nec est ordinata, et hoc impedimente sexu et
constitutione ecclesie. Unde non potest predicare, nec possunt abbatisse
benedicere, nec excommunicare, nec absolvere, nec penetentias dare, nec
iudicare, nec officium aliquorum ordinum exercere, [D. 23.29) Mulier
sacratas; ID. C. 33.5,19] Mulier; Extra., De Sen(tentia)
Ex(communicationis), [X 5.39,33] De
Moniatibus” ibid.
Let it be noted that a woman, if she should be
ordained, would not receive the character [of orders], nor would she be
ordained, and this because of the impediment of sex and the constitution of the
church. Therefore abbesses are not able to preach or to bless, or to
excommunicate, or to absolve, or to give penances, or to judge, or to exercise
the office of any order. See Mulier sacratas [Decretum, dist. 23, c. 29],
Mulier [Decretum, Causa 33, q. 5, c. 19], Extra., De Sen(tentia)
Ex[communicationis), De monialibus (Decretales, b. 5, tit. 39, c. 34
(Friedberg, 2:903])
§ 3. “Nec etiam beate Marie clavis dedit Christus, sod Petro
licet ipsa fuerit apostlolis excellentior.” ibid.
Christ did not even give the keys to the blessed Mary but to Peter,
although she was more excellent than the apostles.
§ 4. “Cathaprhige tamen contradicunt pro quibus videntur etiam
quedam iura dicere quod potest mulier suscipere characterem diaconalem vel
presbyteralem, [D. C. 27.1.23] "Diaconissam ante 40 non debere ordinari
statuimus, et hoc cum diligenti probatione." Istud ex Concilio Chalcedonis.
Item Novellis Justiniam Imperatoris, [D. C. 27.1.30]. "Si quis rapuerit vel
sollicitaverit vel corruperit assisterciam, id est monastriam vel diaconissam
vel monacham, bona ipsuis, et eius qui huiuscemodi communione contaminati sent,
a religioso loco vendicentur in quo tabs mulier habitabat per religiosos
episcopos et yconomos et presides provinciales et officiales eorum. Ipsi autem
capitals supplicio et periculo subiiciantur." De presbytera, [D. 32.18]
"Presbyter quidam commissam sibs regebat ecclesiam cum magno timore Domini, qui
ex tempore suscepti ordinis presbyteram suam ut sororem diligens, quasi hostem
cavens se proprius accedere non sinebat." » Solutio: Diaconissa dicebatur
supra quam fundabitur aliqua benedictio ratione cuius consequebatur officium
legendi omeliam in matuitinas vel aliquid aluid quam non licebat aliis
monialibus. Reliqua vero presbytera appelabatur, quia erat uxor presbyteri vel
etiam vidua matri/curia, id est de rebus ecclesie curam habens ad instar
matrisfamilias, [D. 37.18], c, ultimo, "Mulieres quo apud Grecos presbytere
vocantur, apud nos autem vidue aut seniores univire et matricurie appelantur,
eas in ecclesia tanquam ordinates constitui non debere
decrevimus".” ibid.
The Cataphrygians disagreed; quoting certain laws which seem to say
that a woman is able to receive the presbyteral or diaconal character. 'We
decree that deaconesses ought not be ordained before forty years of age, and
this after diligent examination.' [Decretum, causa 27, q. I, c. 231 This is
from the Council of Chalcedon. Again in the Novellae of the Emperor Justinian,
`If anyone raped or seduced or corrupted a female attendant, that is, a female
recluse [monastriam] or deaconess or nun [monacham], the goods of that person
and of anything else contaminated by this vicious joining with these women are
to be sold in that religious place where the said woman had lived by the
religious bishop, and the treasurer and the provincial ruler and the officials
of the province. They, however, are to be handed over to the penalty and danger
of capital punishment.' [Decretum, causa 27, q. 1, c. 30] On a woman priest
(presbytera) 'A certain presbyter was ruling the church entrusted to him with
great reverence, who from the time of accepting this order, while loving her as
a sister but fearing her as an enemy, did not. permit himself to approach his
female presbyter [presbyteram].'[Decretum, dist. 32, c. 18] The
solution: A deaconess as described above is one who is fortified by a
special blessing by reason of which she is given the office of reading the
homily in matins or some other thing which is not allowed to other nuns.
Finally the presbytera was so called because she was the wife of a
priest or even a widow or a 'matricuria,' that is having care of the goods of
the church almost like the mother of a household. See the last chapter
[Decretum, disc. 32, c.19] 'We decree that women who among the Greeks are
called "presbyterae," who among us, however, are called elder widows,
once-married women and little mothers, ought not to be installed in a church as
if they were appointed to it (ordinatas)'."
