Utopia

See also: question 5, chapter 1; regarding the fraternity. See Decretum Gratiani, dist. 81, ch. 23, regarding the Ligures.
They say "ignoble" because he practices a vile office. See the Code of Justinian, title "de penis" [on penalties]; we have these points. See Code, title "de sum-tri" [on the Trinity], law 2; Digest, title "de et mōi aut pena nota" [on customs and known penalties]; for if it is pecuniary or spiritual, it is noble or ignoble. See Dist. 40, canon "homo christianus" [the Christian man].

Shameful things a, so to speak b, are called robbery by division; he is not consecrated, but rather excommunicated Latin: "execratus," which can imply cursed or excommunicated, bishop. For if we discuss the name of consecration itself with reasonable and vivid intellect: he who refuses to be consecrated with the universal church can by no reason be said to be, or even to be, consecrated. For to consecrate is to sanctify together. But divided from the bowels of the church and separated from the apostolic sees, he is rather cursed original: "execratus" than not consecrated. Therefore, by law, he can only be called cursed, not consecrated; the church does not recognize as a son the one who is not joined in the unity of the members.

¶Let us see, however, whether he preserved the a custom original: "consuetudinem" in his own ordination. Indeed, this ancient custom existed so that, because of the distance b or the difficulty of travel, since it was burdensome for them to be ordained by the apostolic see, they should have ordained each other—the Milanese and Aquilegian bishops. Yet in such a way that in that city d where the bishop was to be ordained, the pontiff of another city ought to have appeared, so that the election of the one to be ordained [would be confirmed] by the present ordainer f, from the sense of the universal e church, when it was necessary to perform the ordination.

Regarding common law, when he does the contrary with his suffragans.
c ¶Milan, dist. 81, q. 1, this [point] John.
d ¶In which: that is, to which.
e ¶Universal: that is, of all.
f ¶Julius; according to the judge, in that place it ought to be...

to be doubted. And although this is entirely most known to us k, let us nevertheless confirm it by the testimony of the blessed Augustine. Hear what the most illustrious author says in a certain work of his regarding the church. He says: if it can by no means be rightly said that the church is in schism, it remains that, since there cannot be no church, it must be that which is established by the successions of bishops at the root of the apostolic see, which the malice of no men m, even if it be known, cannot exclude—though it must be tolerated for the sake of the times—and it can by no means be extinguished. ¶The same.

He does not communicate with unity who consents to schism

Schism n, indeed, is also a Greek name; it sounds like "division," but there cannot be division within unity. Therefore, he does not communicate with unity who communicates with schismatics, who have made themselves [a party] and—to speak in the words of the apostle Jude—segregating themselves from that which is one, have not the spirit. From all these things, it is brought about that, because they are not one in unity, [they are not in the church].