Church Fathers: Post-Nicene Fathers Vol 14: 34.08.05 Marriage of Clergy Pt IV

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Church Fathers: Post-Nicene Fathers Vol 14: 34.08.05 Marriage of Clergy Pt IV



TOPIC: Post-Nicene Fathers Vol 14 (Other Topics in this Collection)
SUBJECT: 34.08.05 Marriage of Clergy Pt IV

Other Subjects in this Topic:

Canon LXX.

Women are not permitted to speak at the time of the Divine Liturgy; but, according to the word of Paul the Apostle, "let them be silent. For it is not permitted to them to speak, but to be in subjection, as the law also saith. But if they wish to learn anything let them ask their own husbands at home."

Notes.

Ancient Epitome of Canon LXX.

Women are not permitted to speak in church. "Let your women keep silence in the churches; for it is not permitted unto them to speak," is the passage referred to. 1 Cor. xiv. 34.

Canon LXXI.

Those who are taught the civil laws must not adopt the customs of the Gentiles, nor be induced to go to the theatre, nor to keep what are called Cylestras, nor to wear clothing contrary to the general custom; and this holds good when they begin their training, when they reach its end, and, in short, all the time of its duration. If any one from this time shall dare to do contrary to this canon he is to be cut off.

Notes.

Ancient Epitome of Canon LXXI.

Whoever devotes himself to the study of law, uses the manner of the Gentiles, going to the theatre, and rolling in the dust, or dressing differently to custom, shall be cut off.

Liddell and Scott identify kalistra with kalindhqra ,which they define as "a place for horses to roll after exercise," and note that it is a synonym of alindhqra. But it is interesting to note that alinhsij is "a rolling in the dust, an exercise in which wrestlers rolled on the ground."

Hefele says that Balsamon and Zonaras have not been able rightly to explain what we are to understand by the forbidden "Cylestras," but I think Johnson is not far out of the way when he translates "nor to meddle with athletic exercises."

Canon LXXII.

AN orthodox man is not permitted to marry an heretical woman, nor an orthodox woman to be joined to an heretical man. But if anything of this kind appear to have been done by any [we require them] to consider the marriage null, and that the marriage be dissolved. For it is not fitting to mingle together what should not be mingled, nor is it right that the sheep be joined with the wolf, nor the lot of sinners with the portion of Christ. But if any one shall transgress the things which we have decreed let him be cut off. But if any who up to this time are unbelievers and are not yet numbered in the flock of the orthodox have contracted lawful marriage between themselves, and if then, one choosing the right and coming to the light of truth and the other remaining still detained by tile bond of error and not willing to behold with steady eye the divine rays, the unbelieving woman is pleased to cohabit with the believing man, or the unbelieving man with the believing woman, let them not be separated, according to the divine Apostle, "for the unbelieving husband is sanctified by the wife, and the unbelieving wife by her husband."

Notes.

Ancient Epitome of Canon LXXII.

A marriage contracted with heretics is void. But if they have made the contract before [conversion] let them remain [united] if they so desire.

Perhaps none of the canons of this synod present greater and more insolvable difficulties than the present. It has been for long centuries the tradition of the Church that the marriage of a baptized Christian with an unbaptized person is null, but this canon seems to say that the same is the case if the one party be a heretic even though baptized. If this is what the canon means it elevates heresy into an impedimentum dirimens. Such is not and never has been the law of the West, and such is not to-day the practice of the Eastern church, which allows the marriage of its people with Lutherans and with Roman CatholiCs and never questions the validity of their marriages. Van Espen thinks "the Greek commentators seem" to think that the heretics referred to are unbaptized; I do not know exactly why he thinks so.

Canon LXXIII.

Since the life-giving cross has shewn to us Salvation, we should be careful that we render due honour to that by which we were saved from the ancient fall. Wherefore, in mind, in word, in feeling giving veneration (proskunhsin) to it, we command that the figure of the cross, which some have placed on the floor, be entirely removed therefrom, lest the trophy of the victory won for us be desecrated by the trampling under foot of those who walk over it. Therefore those who from this present represent on the pavement the sign of the cross, we decree are to be cut off.

Notes.

Anclent Epitome of Canon LXXIII.

If there is a cross upon a pavement it must be removed.

This canon defines that to the image of the cross is to be "given veneration (proskunhsij) of the intellect, of the words, and of the sense," i.e., the cross is to be venerated with the interior cultus of the soul, is to be venerated with the exterior culture of praise, and also with sensible acts, such as kissings, bowings, etc.

Canon LXXIV.

IT is not permitted to hold what are called agapae, that is love-feasts, in the Lord's houses or churches, nor to eat within the house, nor to spread couches. If any dare to do so let him cease therefrom or be cut off.

Notes.

Ancient Epitome of Canon LXXIV.

Agapae are not to be held in the churches, nor shall beds be put up these, let them be cut off. Whoso refuse to give up. This is a renewal of canon xxviij., of Laodicea, on which canon see the notes.

Canon LXXV.

WE, will that those whose office it is to sing in the churches do not use undisciplined vociferations, nor force nature to shouting, nor adopt any of those modes which are incongruous and unsuitable for the church: but that they offer the psalmody to God, who is the observer of secrets, with great attention and compunction. For the Sacred Oracle taught that the Sons of Israel were to be pious.hyperlink

Notes.

Ancient Epitome of Canon LXXV.

Inordinate vociferation of the psalms is not allowed, nor he that adopts things unsuited to the churches.

This question of the character of churchmusic was one early discussed among Christians, and (long before the time of this synod), St. Augustine, in debating as to whether the chanting or the reading of the psalter was the more edifying, concludes, "when the psalms are chanted with a voice and most suitable modulation (liquida voce et convenientissima modulatione), I recognize that there is great utility in the practice," and further on he adds that singing is to be the rather approved, because "by the delight given to the ears the infirm soul is worked up to pious aspirations." (Confess. Lib. x., cap. xxxiij.).

Canon LXXVI.

IT is not right that those who are responsible for reverence to churches should place within the sacred bounds an eating place, nor offer food there, nor make other sales. For God our Saviour teaching us when he was tabernacling in the flesh commanded not to make his Father's house a house of merchandize. He also poured out the small coins of the money-changers, and drave out all those who made common the temple. If, therefore, anyone shall be taken in the aforesaid fault let him be cut off.

Notes.

Ancient Epitome of Canon LXXVI.

A public house should not be established within the sacred precincts; and it is wrong to sell food there; and whosever shall do so shall be cut off.

Both Balsamon and Zonaras remark that this canon refers to the vestibule of the church and to the rest of the sacred inclosure, and not to the interior of the church proper, for there no one would ever think of having a shop.

Canon LXXVII.

IT is not right that those who are dedicated to religion, whether clerics or uscetics,hyperlink should wash in the bath with women, nor should any Christian man or layman do so. For this is severely condemned by the heathens. But if any one is caught in this thing, if he is a cleric let him be deposed; if a layman, let him be cut off.

Notes.

Ancient Epitome of Canon LXXVII.

A Christian man shall not bathe with women. Should a cleric do so he is to be deposed, and a layman cut off.

This is a renewal of the XXXth canon of Laodicea. It will be noted, as Zonaras remarks, that the monks must be counted among the laymen who are to be cut off, since they have no clerical character or tonsure.

Canon LXXVIII.

IT behoves those who are illuminated to learn the Creed by heart and to recite it to the bishop or presbyters on the Fifth Feria of the Week.

Notes.

Ancient Epitome of Canon LXXVIII.

He that is illuminated is to recite (apaggelletw) the faith on the fifth feria of the week.

This is a renewal of canon xlvi. of Laodicea.

Canon LXXIX.

As we confess the divine birth of the Virgin to be without any childbed, since it came to pass without seed, and as we preach this to the entire flock, so we subject to correction those who through ignorance do anything which is inconsistent therewith. Wherefore since some on the day after the holy Nativity of Christ our God are seen cooking semidalin, and distributing it to each other, on pretext of doing honour to the puerperia of the spotless Virgin Maternity, we decree that henceforth nothing of the kind be done by the faithful. For this is not honouring the Virgin (who above thought and speech bare in the flesh the incomprehensible Word) when we definehyperlink and describe, from ordinary things and from such as occur with ourselves, her ineffable parturition. If therefore anyone henceforth be discovered doing any such thing, if he be a cleric let him be deposed, but if a layman let him be cut off.

Notes.

Ancient Epitome of Canon LXXIX.

Whoever after the feast of the Mother of God shall prepare semidilin (semilam) or anything else on account of what is called puerperia, let him be cut off.

As the Catholic Church has always taught the Virgin-birth as well as the Virgin-conception of our Blessed Lord, and has affirmed that Mary was ever-virgin, even after she had brought forth the incarnate Son, so it follows necessarily that there could be no childbed nor puerperal flux. It need hardly be remarked here that besides other texts that of the prophet is considered as teaching thus much, "Behold the Virgin (ha alma) shall conceive and bear a son," she that "bare" as well as she that "conceived" being a virgin. Some commentators have taken epilokeia for the afterbirth, but Christian Lupus, as Van Espen notes, has pointed out that the early fathers seem to have recognized that the Virgin did have the "afterbirth," and this St. Jerome expressly teaches in his book, Contra Helvidium.

The Greeks, however, understood it as I have translated, and the witness of Zonaras will be sufficient. The words lokoj, lokaioj and the like all signify "lying in," "a place of lying in," and Liddell and Scott say that the latter word is used of "bearing down like heavy ears of corn," which would well express the labour pains.

Zonaras.

This canon teaches that the parturition of the holy Virgin was without any childbed. For childbed (puerperium) is the emission of the foetus accompanied by pain and a flux of blood: but none of us eve believed that the Mother of God was subjected to sufferings of this sort, for these are the consequents of natural conception, but her conception was supernatural; and by the Holy Spirit it was brought to pass that she was not subjected to those evils which rightly are attached to natural parturition.

On this canon should be read the extensive treatment of Asseman (Bib. Juris Orient., Tom. v., pp. 193 et seqq.)

Canon LXXX.

IF any bishop, or presbyter, or deacon, or any of those who are enumerated in the list of the clergy, or a layman, has no very grave necessity nor difficult business so as to keep him from church for a very long time, but being in town does not go to church on three consecutive Sundays-three weeks-if he is a cleric let him be deposed, but if a layman let him be cut off.

Notes.

Ancient Epitome of Canon LXXX.

If anyone without the constraint of necessity leaves his church for three Lord's days, he shall be deprived of communion.

This is a renewal of canon xi. of Sardica (xiv. according to the numbering of Dionysins Exiguus.)

Canon LXXXI.

Whereas we have heard that in some places in the hymn Trisagion there is added after "Holy and Immortal," "Who was crucified for us, have mercy upon us," and since this as being alien to piety was by the ancient and holy Fathers cast out of the hymn, as also the violent heretics who inserted these new words were cast out of the Church; we also, confirming the things which were formerly piously established by our holy Fathers, anathematize those who after this present decree allow in church this or any other addition to the most sacred hymn; but if indeed he who has transgressed is of the sacerdotal order, we command that he be deprived of his priestly dignity, but if he be a layman or monk let him be cut off.

Notes.

Ancient Epitome of Canon LXXXI.

Whoever adds to the hymn Trisagion these words "Who wast crucified" shall be deemed heterodox.

The addition of the phrase condemned by this canon was probably made first by Peter Fullo, and although indeed it was capable of a good meaning, if the whole hymn was understood as being addressed to Christ, and although this was admitted by very many of the orthodox, yet as it was chiefly used by the Monophysites and with an undoubtedly heretical intention, it was finally ousted from this position and its adherents were styled Theopaschites. From all this it came about that by 518 it was a source of disagreement amongthe Catholics, some affirming the expression,as looked at by itself, to be a touchstone oforthodoxy. The Emperor Justinian tried to, have it approved by Pope Hormisdas, but unsuccessfully, the pontiff only declaring that it was unnecessary, and even dangerous. Fulgentius of Ruspe and Dionysius Exiguus had declared it orthodox. Pope John II. almostcame to the point of approving the phrase"one of the Trinity suffered," nor did his successor Agapetus I. speak any more definitely on the point, but the Fifth Ecumenical Council directly approved the formula.

But this, of course. did not touch the point of its introduction into the Trisagion or, more accurately, of the introduction of the words "who was crucified for us."

It should have been noted that at a Home Synod in 478, Peter Fullo had been deposed for the insertion of this clause, because he intended to imply that the true God had suffered death upon the cross. This sentence was a confirmation of one already pronounced against him by a synod held at Antioch which had raised a man, Stephen by name, to its episcopal throne.

Such is the history of a matter which, while it seemed at first as of little moment, yet for many years was a source of trouble in the Church. (Vide Hefele, History of the Councils, Vol. III., pp. 454, 457; Vol. IV., p. 26.)

Canon LXXXII.

IN some pictures of the venerable icons, a lamb is painted to which the Precursor points his finger, which is received as a type of grace, indicating beforehand through the Law, our true Lamb, Christ our God. Embracing therefore the ancient types and shadows as symbols of the truth, and patterns given to the Church, we prefer "grace and truth," receiving it as the fulfilment of the Law. In order therefore that "that which is perfect" may be delineated to the eyes of all, at least in coloured expression, we decree that the figure in human form of the Lamb who taketh away the sin of the world, Christ our God, be henceforth exhibited in images, instead of the ancient lamb, so that all may understand by means of it the depths of the humiliation of the Word of God, and that we may recall to our memory his conversation in the flesh, his passion and salutary death, and his redemption which was wrought for the whole world.

Notes.

Ancient Epitome of Canon LXXXII.

Thou shalt not paint a lamb for the type of Christ, but himself.

As from this canon, a century earlier than the iconoclastic controversy, the prevalence of pictures is evident, so from the canon of the same synod with regard to the veneration due to the image of the cross (number lxxiii.), we learn that the teaching of the Church with regard to relative worship was the same as was subsequently set forth, so that the charge of innovating, sometimes rashly brought against the Seventh Ecumenical Council, has no foundation in fact whatever.

This canon is further interesting as being the one cited by more than one Pope and Western Authority as belonging to "the Sixth Synod."

Canon LXXXIII.

No one may give the Eucharist to the bodies of the dead; for it is written "Take and eat." But the bodies of the dead can neither "take" nor "eat."

Notes.

Ancient Epitome of Canon LXXXIII.

The Sacraments must not be given to a dead body.

This is canon iv. of the Council of Hippo, in the year 393. (Vide Hefele, Vol. II, p. 397.) The earlier canon includes baptism also, in its prohibition. This is canons xviii. and xx. of the African code, according to the Greek numbering.

Canon LXXXIV.

Following the canonical laws of the Fathers, we decree concerning infants, as often as they are found without trusty witnesses who say that they are undoubtedly baptized; and as often as they are themselves unable on account of their age to answer satisfactorily in respect to the initiatory mystery given to them; that they ought without any offence to be baptized, lest such a doubt might deprive them of the sanctification ofsuch a purification.

Notes.

Ancient Epitome of Canon LXXXIV.

Whoever do not know nor can prove by documents that they have been baptized, let them be christened.

This is canon VII., of the Sixth Council of Carthage, (Vide Hefele, Hist. of the Councils, Vol. II., p. 424); and Canon lxxv., of the African code (to which Balsam on attributes this canon), by the Greek numbering, (lxxii. by the Latin).

Canon LXXXV.

WE have received from the Scriptures that in the mouth of two or three witnesses every word shall be established. Therefore we decree that slaves who are manumitted by their masters in the presence of three witnesses shall enjoy that honour; for they being present at the time will add strength and stability to the liberty given, and they will bring it to pass that faith will be kept in those things which they now witness were done in their presence.

Ancient Epitome of Canon LXXXV.

A slave manumitted by his master before two witnesses shall be free.

Canon LXXXVI.

Those who to the destruction of their own souls procure and bring up harlots, if they be clerics, they are to be [cut off and] deposed, if laymen to be cut off.

Notes.

Ancient Epitome of Canon LXXXVI.

Whoever gathers together harlots to the ruin of souls, shall be cut off.

The brackets enclose the reading of Hervetus. But Zonaras had this same text, and therefore it may be safely followed instead of that of Balsamon, as edited by Beveridge.

Canon LXXXVII.

She who has left her husband is an adulteress if she has come to another, according to the holy and divine Basil, who has gathered this most excellently from the prophet Jeremiah: "If a woman has become another man's, her husband shall not return to her, but being defiled she shall remain defiled;" and again, "He who has an adulteress is senseless and impious." If therefore she appears to have departed from her husband without reason, he is deserving of pardon and she of punishment. And pardon shall be given to him that he may be in communion with the Church. But he who leaves the wife lawfully given him, and shall take another is guilty of adultery by the sentence of the Lord. And it has been decreed by our Fathers that they who are such must be "weepers" for a year, "hearers" for two years, "prostrators" for three years, and in the seventh year to stand with the faithful and thus be counted worthy of the Oblation [if with tears they do penance.]

Notes.

Ancient Epitome of Canon LXXXVII.

She who goes from her husband to another man is an adulteress. And he who from his wife goes to another woman is an adulterer according to the word of the Lord.Compare with this canon lviij. of St. Basil.The words in brackets are found in Beveridge,but were lacking in Hervetus's text.

Johnson.

Here discipline is relaxed; formerly an adulteress did fifteen years' penance. See Can. Bas., 58. No wonder if in 200 years' time from St. Basil, the severity of discipline was abated.

Canon LXXXVIII.

No one may drive any beast into a church except perchance a traveller, urged thereto by the greatest necessity, in default of a shed or resting-place, may have turned aside into said church. For unless the beast had been taken inside, it would have perished, and he, by the loss of his beast of burden, and thus without means of continuing his journey, would be in peril of death. And we are taught that the Sabbath was made for man: wherefore also the safety and comfort of man are by all means to be placed first. But should anyone be detected without any necessity such as we have just mentioned, leading his beast into a church, if he be a cleric let him be deposed, and if a layman let him be cut off.

Ancient Epitome of Canon LXXXVIII.

Cattle shall not be led into the holy halls, unless the greatest necessity compels it.

Canon LXXXIX.

The faithful spending the days of the Salutatory Passion in fasting, praying and compunction of heart, ought to fast until the midnight of the Great Sabbath: since the divine Evangelists, Matthew and Luke, have shewn us how late at night it was [that the resurrection took place], the one by using the words oY sabbatwn, and the other by the words orqrou baqeoj

Ancient Epitome of Canon LXXXIX.

On the Great Sabbath the fast must be continued until midnight.

Canon XC.

WE have received from our divine Fathers the canon law that in honour of Christ's resurrection, we are not to kneel on Sundays. Lest therefore we should ignore the fulness of this observance we make it plain to the faithful that after the priests have gone to the Altar for Vespers on Saturdays (according to the prevailing custom) no one shall kneel in prayer until the evening of Sunday, at which time after the entrance for compline, again with banded knees we offer our prayers to the Lord. For taking the night after the Sabbath, which was the forerunner of our Lord's resurrection, we begin from it to sing in the spirit hymns to God, leading our feast out of darkness into light, and thus during an entire day and night, we celebrate the Resurrection.

Notes.

Ancient Epitome of Canon XC.

From the evening entrance of the Sabbath until the evening entrance of the Lord's day there must be no kneeling.

Van Espen.

No doubt the synod by the words "we have received from the divine Fathers," referred to canon xx. of the Council of Nice.

For many centuries this custom was preserved even in the Latin Church; and the custom of keeping feasts and whole days generally from evening to evening is believed to have been an Apostolic tradition, received by them from the Jews. At the end of the VIIIth Century the Synod of Frankfort declared in its xxj. canon, that "the Lord's day should be kept from evening to evening."hyperlink

Canon XCI.

Those who give drugs for procuring abortion, and those who receive poisons to kill the foetus, are subjected to the penalty of murder.

Notes.

Ancient Epitome of Canon XCI.

Whoever gives or receives medicine to produce abortion is a homicide,

See Canon XXI. of Ancyra, and Canon II. of St. Basil; to wit, "She who purposely destroys the foetus, shall suffer the punishment of murder. And we pay no attention to the subtile distinction as to whether the foetus was formed or unformed. And by this not only is justice satisfied for the child that should have been born, but also for her who prepared for herself the snares, since the women very often die who make such experiments."

Canon XCII.

The holy synod decrees that those who in the name of marriage carry off women and those who in any way assist the ravishers, if they be clerics, they shall lose their rank, but if they be laymen they shall be anathematized.

Notes.

Ancient Epitome of Canon XCII.

Those who run away with women, and those who assist and give a hand, if they be clerics they shall be deposed, if laymen they shall be anathomatized.

Van Espen.

This canon simply renews and confirms Canon xxvij of Chalcedon.

Canon XCIII.

IF the wife of a man who has gone away and does not appear, cohabit with another before she is assured of the death of the first, she is an adulteress. The wives of soldiers who have married husbands who do not appear are in the same case; as are also they who on account of the wanderings of their husbands do not wait for their return. But the circumstance here has some excuse, in that the suspicion of his death becomes very great. But she who in ignorance has married a man who at the time was deserted by his wife, and then is dismissed because his first wife returns to him, has indeed committed fornication, but through ignorance; therefore she is not prevented from marrying, but it is better if she remain as she is. If a soldier shall return after a long time, and find his wife on account of his long absence has been united to another man, if he so wishes, he may receive his own wife [back again], pardon being extended in consideration of their ignorance both to her and to the man who took her home in second marriage.

Notes.

Ancient Epitome of Canon XCIII.

A woman who when her husband does not turnup, before she is certain he is dead, takes another commits adultery. But when the man returns he may receive her again, if he so elects.

Compare in the Corpus Juris Canonici, Gratian's Decretum, Pars II., Causa xxxiv., Quaest. I. and II. Epistle of St Leo to Nicetas. Also compare of St. Basil's canon's xxxj., xxxvj., and xlvj.

Canon XCIV.

The canon subjects to penalties those who take heathen oaths, and we decree to them excommunication.

Notes.

Ancient Epitome of Canon XCIV.

Whoever uses Gentile oaths, is worthy of punishment, for he is cut off.

The reference is to canon lxxxj. of St. Basil's canons.

Van Espen.

Tertullian (De Idolatria, cap. xx.) supposes that to swear by the false gods of the Gentiles, contains in itself some idolatry, an opinion shared by St. Basil, comparing those using such oaths with them who betrayed Christ, and who are partakers of the talk of devils.

Canon XCV.

Those who from the heretics come over to orthodoxy, and to the number of those who should be saved, we receive according to the following order and custom. Arians, Macedonians, Novatians, who call themselves Cathari, Aristeri, and Testareskaidecatitae, or Tetraditae, and Apollinarians, we receive on their presentation of certificates and on their anathematizing every heresy which does not hold as does the holy Apostolic Church of God: then first of all we anoint them with the holy chrism on their foreheads, eyes, nostrils, mouth and ears; and as we seal them we say- "The seal of the gift of the Holy Ghost."

But concerning the Paulianists it has been determined by the Catholic Church that they shall by all means be rebaptized. The Eunomeans also, who baptize with one immersion; and the Montanists, who here are called Phrygians; and the Sabellians, who consider the Son to be the same as the Father, and are guilty in certain other grave matters, and all the other heresies-for there are many heretics here, especially those who come from the region of the Galatians-all of their number who are desirous of coming to the Orthodox faith, we receive as Gentiles. And on the first day we make them Christians, on the second Catechumens, then on the third day we exorcise them, at the same time also breathing thrice upon their faces and cars; and thus we initiate them, and we make them spend time in church and hear the Scriptures; and then we baptize them.

And the Manichaeans, and Valentinians and Marcionites and all of similar heresies must give certificates and anathematize each his own heresy, and also Nestorius, Eutyches, Dioscorus, Severus, and the other chiefs of such heresies, and those who think with them, and all the aforesaid heresies; and so they become partakers of the holy Communion.

Notes.

Ancient Epitome of Canon XCV.

Thus we admit those converted from the heretics. We anoint with the holy chrism, upon the brow, eyes, nostrils, mouth, and ears, Arians, Macedonians, Novatians (who are called Cathari), Aristerians (who are called Quartadecimans or Tetraditae), and Apollinarians when they anathematize every heresy; and sign them with the cross as we say, "The Seal of the gift of the Holy Ghost. Amen."

Compare with this Canon vii. of Laodicea, and the so-called vijth. canon of the First Council of Constantinople.

The text I have translated is that ordinarily given, I now present to the reader Hefele's argument for its worthlessness.

Heffle.

This text is undoubtedly false, for (a) the baptism of the Gnostics was, according to the recognized ecclesiastical principle, invalid, and a Gnostic coming into the Church was required to be baptized anew; (b) besides, it would have us first to require of a Gnostic an anathema on Nestorius, Eutyches, etc. More accurate, therefore, is the text, as it is given by Beveridge, and as Balsamon had it, to the effect that: "In the same way (as the preceding) are the Munichaeans, Valentinians, Marcionites, and similar heretics to be treated (i.e., to be baptized anew); but the Nestorians must (merely) present certificates, and anathematize their heresy. Nestortius, Eutyches, etc." Here we have only this mis- take, that the Nestorians must anathematize, among others, also Eutyches, which they would certainly have done very willingly. At the best, we must suppose that there is a gap in the text, and that after, "all of similar heresies," we must add "the later heretics must present certificates and anathematize Nestorius, Eutyches, etc."

There seems but little doubt that whatever may be the truth in the matter, the early theologians and fathers held that even though the external rite of Holy Baptism might be validly performed by schismatics and heretics, yet that by it the person so baptized did not receive the Holy Ghost, and this opinion was not confined to the East, but was also prevalent in the West. Vide Rupertus, De Divinis Officiis, Lib. X., Cap. xxv.

Canon XCVI.

Those who by baptism have put on Christ have professed that they will copy his manner of life which he led in the flesh. Those therefore who adorn and arrange their hair to the detriment of those who see them, that is by cunningly devised intertwinings, and by this means put a bait in the way of unstable souls, we take in hand to cure paternally with a suitable punishment: training them and teaching them to live soberly, in order that having laid aside the deceit and vanity of material things, they may give their minds continually to a life which is blessed and free from mischief, and have their conversation in fear, pure, [and holyhyperlink ]; and thus come as near as possible to God through their purity of life; and adorn the inner man rather than the outer, and that with virtues, and good and blameless manners, so that they leave in themselves no remains of the left-handedness of the adversary.But if any shall act contrary to the present canon let him be cut off.

Notes.

Ancient Epitome of Canon XCVI.

Whoever twist up their hair into artistic plaits for the destruction of the beholders are to be cut off.

For the intricate manner of dressing the hair used in the East, and for a description of the golden dye, see the scholion of Zonaras. Van Espen remarks that the curious care for somebody else's hair in the form of wigs, so prevalent with many laymen and ecclesiastics of his day, is the same vice condemned by the canon in another shape.hyperlink

Canon XCVII.

Those who have commerce with a wife or in any other manner without regard thereto make sacred places common, and treat them with contempt and thus remain in them, we order all such to be expelled, even from the dwellings of the catechumens which are in the venerable temples. And if any one shall not observe these directions, if he be a cleric let him be deposed, but if a layman let him be cut off.

Notes.

Ancient Epitome of Canon XCVII.

Whoever in a temple has commerce with his wife and remains there out of contempt, shall be expelled even from the Catechumens. If any one shall not observe this he shall be deposed or cut off.

Zonaras.

In the name of holy places, not the church itself but the adjoining and dependent buildings are intended such as those which are called the "Catechumena." For no one would be audacious enough to wish to cohabit with his wife in the very temple itself.

Canon XCVIII.

HE who brings to the intercourse of marriage a woman who is betrothed to another man who is still alive, is to lie under the charge of adultery.

Notes.

Ancient Epitome of Canon XCVIII.

He is an adulterer who takes one espoused to some one else.

Aristenus's commentary on this canon is Safhj. A more extraordinary estimate of it could hardly be made. So far from the meaning being "perspicuous," as the Latin translation has it, the meaning seems to be past finding out; for, as Van Espen remarks, a man who sins with a betrothed woman is certainly not an "adulterer." He tries therefore to introduce the idea that though he is not an adulterer, yet he is to be punished as if he were. But the Greek hardly seems patient of this meaning, and the Ancient Epitome says in so many words that he is an adulterer.

On account of this difficulty some have supposed that the espousals here mentioned were not de futuro but de proesenti, and that therefore it was the case of stealing a real wife of another man. But this explanation also is involved in many difficulties.

Canon XCIX.

WE have further learned that, in the regions of the Armenians, certain persons boil joints of meat within the sanctuary and offer portions to the priests, distributing it after the Jewish fashion. Wherefore, that we may keep the church undefiled, we decree that it is not lawful for any priest to seize the separate portions of flesh meat from those who offer them, but they are to be content with what he that offers pleases to give them; and further we decree that such offering be made outside the church. And if any one does not thus, let him be cut off.

Notes.

Ancient Epitome of Canon XCIX.

There are some who like the Jews cook meat in the holy places. Whoever permits this, or receives aught from them, is not fit to be priest. But if any one should of his own free choice offer it, then he might receive as much as the offerer chose to give him, provided the offer were made outside the church.

A similar Judaizing superstitious custom was also found in the West, of which Walafrid Strabo gives an account in the IX. Century (De Rebus Ecclesiasticis, cap. xviii.).

Canon C.

"Let thine eyes behold the thing which is right," orders Wisdom, "and keep thine heart with all care." For the bodily senses easily bring their own impressions into the soul. Therefore we order that henceforth there shall in no way be made pictures, whether they are in paintings or in what way so ever, which attract the eye and corrupt the mind, and incite it to the enkindling of base pleasures.And if any one shall attempt to do this he is to be cut off.

Ancient Epitome of Canon C.

Pictures which induce impurity are not to be painted. Whoso shall transgress shall be cut off.

Canon CI.

The great and divine Apostle Paul with loud voice calls man created in the image of God, the body and temple of Christ. Excelling, therefore, every sensible creature, he who by the saving Passion has attained to the celestial dignity, eating and drinking Christ, is fitted in all respects for eternal life, sanctifying his soul and body by the participation of divine grace. Wherefore, if any one wishes to be a participator of the immaculate Body in the time of the Synaxis, and to offer himself for the communion, let him draw near, arranging his hands in the form of a cross, and so let him receive the communion of grace. But such as, instead of their hands, make vessels of gold or other materials for the reception of the divine gift, and by these receive the immaculate communion, we by no means allow to come, as preferring inanimate and inferior matter to the image of God. But if any one shall be found imparting the immaculate Communion to those who bring vessels of this kind, let him be cut off as well as the one who brings them.

Notes.

Ancient Epitome of Canon CI.

Whoever comes to receive the Eucharist holds his hands in the form of a cross, and takes it with his mouth; whoever shall prepare a receptacle of gold or of any other material instead of his hand, shall be cut off.

Balsamon.

At first, perchance, this was invented from pious feelings, because the hand which came in contact with base and unworthy things was not worthy to receive the Lord's body, but, as time went on, piety was turned to the injury of the soul, so that those who did this when they came to receive with an arrogant and insolent bearing, were preferred to the poor.

St. Cyril of Jerusalem.

(Cateches. Mystagog. v.hyperlink )

When thou goest to receive communion go not with thy wrists extended, nor with thy fingers separated, but placing thy left hand as a throne for thy right, which is to receive so great a King, and in the hollow of the palm receive the body of Christ, saying, Amen.

Vide also St. John Damascene, De Fide Orthodoxa, Lib. iv., cap. xiv. On the whole matter cf. Card. Bona, De Rebus Lit., Lib. ii., cap. xvij., n. 3.

Canon CII.

IT behoves those who have received from God the power to loose and bind, to consider the quality of the sin and the readiness of the sinner for conversion, and to apply medicine suitable for the disease, lest if he is injudicious in each of these respects he should fail in regard to the healing of the sick man. For the disease of sin is not simple, but various and multiform, and it germinates many mischievous offshoots, from which much evil is diffused, and it proceeds further until it is checked by the power of the physician. Wherefore he who professes the science of spiritual medicine ought first of all to consider the disposition of him who has sinned, and to see whether he tends to health or (on the contrary) provokes to himself disease by his own behaviour, and to look how he can care for his manner of life during the interval. And if he does not resist the physician, and if the ulcer of the soul is increased by the application of the imposed medicaments, then let him mete out mercy to him according as he is worthy of it. For the whole account is between God and him to whom the pastoral rule has been delivered, to lead back the wandering sheep and to cure that which is wounded by the serpent; and that he may neither cast them down into the precipices of despair, nor loosen the bridle towards dissolution or contempt of life; but in some way or other, either by means of sternness and astringency, or by greater softness and mild medicines, to resist this sickness and exert himself for the healing of the ulcer, now examining the fruits of his repentance and wisely managing the man who is called to higher illumination. For we ought to know two things, to wit, the things which belong to strictness and those which belong to custom, and to follow the traditional form in the case of those who are not fitted for the highest things, as holy Basil teaches us.

Ancient Epitome of Canon CII.

The character of a sin must be considered from all points and conversion expected. And so let mercy be meted out.