Cap. XXVI
DE HIS, QUI SINE JUSSIONE ABBATIS JUNGUNT SE EXCOMMUNICATIS

[Ms P, fol. 92v – Paulus Diaconus –
Ps.-Basil: Ms K¹, fol. 58r; Ms E¹, fol. 110v, Ms E², fol. 175r]

Ch. 26
CONCERNING THOSE WHO, WITHOUT THE MANDATE OF THE ABBOT, FRATERNISE WITH THE EXCOMMUNICATED

Translated by: Abigail Firey

₁Si quis frater praesumpserit sine jussione abbatis fratri excommunicato quolibet modo se jungere aut loqui cum eo vel mandatum ei dirigere, similem sortiatur excommunicationis vindictam.

₁If a brother should presume, without an order from the abbot, to fraternise in any way with an excommunicate, or to speak with him or to arrange a commission for him, let him who associates be punished with the same sort of excommunication.

Nunc videndum est, quae causa est, [page 354] S. Benedictus tam absolute dicit: qui cum excommunicato fratri locutus fuerit, similem sortiatur vindictam, cum multi sunt, qui loquuntur cum excommunicato non eadem intentione nec eodem tenore?

Now it is to be seen what the reason is, [page 354] [that] St. Benedict so definitively says he who speaks with an excommunicated brother should be assigned the same punishment, when there are many who speak with an excommunicated person, [although] not with the same intention and not with the same tone.

V. gr. sunt quinque fratres, qui loquuntur cum excommunicato: unus ex illis nescivit, illum esse excommunicatum, quia forte foris fuit; alter vero illorum, qui locutus est cum illo, ignoravit sensum regulae; alius autem locutus est cum illo non malo studio, sed causa provocationis ad humilitatis satisfactionem; quartus locutus est cum eo et exhortatus est illum, ne se humiliaret, sed esset durus et se contineret; quintus autem locutus est cum illo et dedit ei consilium fugiendi et dedit illi ingenium, quo possit ita agere, ut exire potuisset et fugere de ipsa custodia.

For example, there are five brothers, who speak with an excommunicate: one of them does not know that he is excommunicated, perhaps because he was away; another one of them, in fact, who has spoken with him, is unaware of the meaning of the rule; yet another spoke with him not out of bad faith, but with the motive of encouragement for the satisfaction of humility; the fourth spoke with him and exhorted him, not that he should humble himself, but that he should be unyielding and should keep to himself; the fifth, however, spoke with him and counseled him to flee and gave him a plan how he might be able to do this, so that he would be able to leave and escape from this custody.

Cui respondendum est: Non male fecit, cum tam absolute dixit, eo quod discretum doctorem requirit. Discretus enim doctor ita discernere debet et discernit, i. e. illum, qui ignoranter locutus est cum illo, judicat esse liberum a culpa, et ideo non permittit poenam ex hoc aliquam sustinere.

To him should it be replied that [Benedict] did not do badly, when he spoke so absolutely, because it requires a discerning teachers. Indeed, a discerning teacher should distinguish and distinguishes, that is, he should judge him who spoke unknowingly with him [the excommunicate] to be free from offense, and therefore he allows no sort of punishment to apply on this account.

Illum autem, qui ignoravit regulam, qualiter in isto capitulo dicit, judicat similiter liberum esse a culpa, sed tamen ejus magistrum, qui illum debuit docere tempore novitii, pro illo judicat similem excommunicationis vindictam sustinere, eo quod illum non docuit, sicut debuit, per omnia.

He judges, moreover, the one who was unaware of the rule, as was described in this chapter, similarly to be free of offense, but his master, who should have taught him during the period of his novitiate, he judges to incur for this the same punishment of excommunication, because he did not teach him as he should have done in all things.

Illum autem, qui non malo animo illi locutus est, sed solummodo causa exhortationis, judicat esse excommunicatum simili excommunicatione; verum quia bono studio locutus est illi, non diu illum permittit jacere in illa poenitentia, i. e. aut duobus vel tribus diebus.

He judges, however, the one who spoke without harmful motivation, but only for the reason of exhortation, to be excommunicated with the same excommunication; but because he spoke to him in good faith, he did not allow him to experience the length of his penance, that is, for [only] two or three days.

Illum autem, qui malo animo illi locutus est, i. e. exhortatus est illum, ut non se humiliaret, judicat talem poenitentiam habere et tantis diebus; verum etiam, si ille excommunicatus habebat XX dies transactos, quando illi locutus est iste, et dehinc debet jacere duobus diebus, iste talis, qui illi locutus est, tantis diebus debet jacere sub illa poena, quantis diebus jacuit ille vel debuit jacere; et cum hoc fit, ille excommunicatus exit, ille autem, qui ei locutus est, illo egresso jacet postmodum in ipsa poenitentia. Similiter [page 355] etiam de illo judicat, qui illum hortatus est fugere et dedit ingenium, quo potuisset se liberare.

He judges the one, moreover, who spoke to him with evil motivation, that is, he exhorted him [the excommunicate] that he should not humble himself, to have that same measure of penance and for as many days, but if the excommunicate had completed twenty days, when this one spoke to him, and henceforth ought to bear two days, one of the sort who spoke to him ought to bear just as many days of that punishment as the days he bore or should have borne; and when he does that, the excommunicated [brother] is free, but the one who spoke to him, when [the excommunicate] is freed, bears the same penance afterward. Likewise [page 355] also he judges the one who exhorted him [the excommunicate] to flee and gave a plan by which he might be able to escape.

De furto autem ista est discretio: aliud est, quod a fratre latenter, etiamsi acum, tuleris; aliud est, si tuam aliis dederis; aliud est, quod ab alio acceperis et tenes absconse.

Concerning theft, however, this is the decision: it is one thing, should you take anything, even a needle, from [another] brother secretly; it is another thing, if you gave your [needle] to others; it is yet another matter when you receive something from another and keep it hidden.

Sciendum est enim, quia de istis omnibus in graviori culpa, i. e. noxa tenendus est. Sed debet esse etiam in his furtis discretio, i. e. si grandis res est, quam furatus est, multis diebus, si parva, paucis diebus; et debet etiam intentio considerari.

Indeed, it is to be known that all these things are to be considered a more serious offense, that is, an injury. But there ought to be a distinction even in these thefts: that is, if the object which was stolen is valuable, [the thief should be punished with] many days, if [the object be] insignificant, [the thief should be punished with] few days; and [his] intention should also be taken into account.

Et hoc notandum est, quia dupla poenitentia debet esse pro illo, quod ab aliis tulisti, quam quod tibi. Sed sciendum est, quia si ille infans¹ talis fuerit, ut possit ad honorem presbyteratus venire, aut forte presbyter est, non debet in graviori culpa judicari, sed in minori.

And this is to be noted: that there should be a double penance for that thing which you took from others, than what [was taken] from yourself. But this is to be known: That if he [the thief] be some sort of child [i.e., a minor], in order that he might advance to the honour of the priesthood, or perhaps he is a priest, he should not be adjudged for a more serious offense, but for a lesser one.

Similiter intelligi debet de illo fratre, qui bono studio locutus est cum excommunicato; si forte est presbyter aut potest fieri, tunc non debet in majori culpa teneri, sed in minori, eo quod S. Benedictus pro duabus causis jussit, ut nullus loqueretur cum excommunicato: una, ut timorem incuteret, nec quisquam audeat talia committere, alia vero, ne occasione bonorum mali loquerentur cum illo, qui solent peccatores magis pervertere, quam ad humilitatem protrahere.

It should be understood likewise concerning the brother who spoke with the excommunicate in good faith: if perhaps he is a priest or could become one, then he ought not be held [to have committed] a major offense, but rather a lesser one, because St. Benedict commanded that no-one should speak with an excommunicate for two reasons: one, that he might inspire fear, and no-one would dare to commit such deeds; but the other that lest with the opportunity for good things, the wicked, who are more accustomed to pervert sinners than to drawn them to humility, speak with him.