b. Scotus’ own Response

58. I say therefore that the cause is only the institution of the Church. Nor is there here any other foundation than Paul; and the Church has it here only from Paul, who was one prelate only in the Church. Hence I say that the cause for irregularity in homicide and bigamy comes from a merely positive statute of the Church, and I take ‘Church’ here for the statutes of the Apostles and letters. For no man is so unsuited by any act of his own that he not be able to be restored to a worthy rank through penance, because any man is capable of this rank and of preeminence in the Church, and capable of the character, even a child, as was said above [Ord. IV d.6 n.200, d.7 n.68].

59. But why is the penalty for perpetrating a homicide regularly remitted in baptism, but the penalty that by statute of the Church follows bigamy not remitted? The cause is only the statute of the Church wanting this penalty to be so remitted and that one not. But this ordination by the Church is reasonable by the fact that a murderer is unsuitable for Orders only because of the horror of shed blood, because of which horror David was forbidden to build a temple for the Lord, II Kings [II Samuel] 7.2-13. But this horror is taken away by baptism, because the supposition is that from a wolf is made a lamb, just as also Paul was a persecutor before baptism, afterwards was made sheep and pastor.

Therefore the cause of the unsuitability ceases in baptism; therefore ought the effect to cease.

60. And that this is the cause is plain, for homicide too (done deliberately or in self-defense, with the moderation of guiltless defense [Gregory IX, Decretals V tit.12 ch.18]) does not, after baptism, make anyone unworthy to receive Orders, because there is no presumption of cruelty.

61. But unsuitability for Orders in a bigamist does not cease in baptism, because always there remains the defect of sacrament, that is, of signification, that is required in a priest representing the person of Christ in the Church; therefore, the effect there is not taken away, save later by special dispensation.