Canon XI.
It is decreed that virgins who have been betrothed, and who have afterwards been carried off by others, shall be restored to those to whom they had formerly been betrothed, even though they may have suffered violence from the ravisher.
Notes.
Ancient Epitome of Canon XI.
If a young girl who is engaged be stolen away by force by another man, let her be restored to the former.
Hefele.
This canon treats only of betrothed women (of the sponsalia de futuro) not of those who are married (of the sponsalia de præsenti). In the case of the latter there could be no doubt as to the duty of restitution. The man who was betrothed was, moreover, at liberty to receive his affianced bride who had been carried off or not.
Johnson.
Here Balsamon puts in a very proper cave, viz.: If he to whom she was espoused demand her to be his wife.
Compare St. Basil's twenty-second canon in his letter to Amphilochius, where it is so ruled.
Canon XII.
It is decreed that they who have offered sacrifice before their baptism, and were afterwards baptized, may be promoted to orders, inasmuch as they have been cleansed.
Notes.
Ancient Epitome of Canon XII.
Whoso has sacrificed before his baptism, after it shall be guiltless.
Hefele.
This canon does not speak generally of all those who sacrificed before baptism; for if a heathen sacrificed before having embraced Christianity, he certainly could not be reproached for it after his admission. It was quite a different case with a catechumen, who had already declared for Christianity, but who, during the persecution had lost courage, and sacrificed. In this case it might be asked whether he could still be admitted to the priesthood. The Council decided that a baptized catechumen could afterwards be promoted to holy orders.
Canon XIII.
It is not lawful for Chorepiscopi to ordain presbyters or deacons, and most assuredly not presbyters of a city, without the commission of the bishop given in writing, in another parish.
Notes.
Ancient Epitome of Canon XIII.
A chorepiscopus is not to ordain without the consent of the bishop.
Hefele.
If the first part of the thirteenth canon is easy to understand, the second, on the contrary, presents a great difficulty; for a priest of a town could not in any case have the power of consecrating priests and deacons, least of all in a strange diocese. Many of the most learned men have, for this reason, supposed that the Greek text of the second half of the canon, as we have read it, is incorrect or defective. It wants, say they, poiein ti, or aliquid agere, i.e., to complete a religious function. To confirm this supposition, they have appealed to several ancient versions, especially to that of Isidore: sed nec presbyteris civitatis sine episcopi præcepto amplius aliquid imperare, vel sine auctoritate literarum ejus in unaquaque (some read en ekaste instead of en hetera) parochia aliquid agere. The ancient Roman ms. of the canons, Codex Canonum, has the same reading, only that it has provincia instead of parochia. Fulgentius Ferrandus, deacon of Carthage, who long ago made a collection of canons, translates in the same way in his Breviatio Canonum: Ut presbyteri civitatis sine jussu episcopi nihil jubeant, nec in unaquaque parochia aliquid agant. Van Espen has explained this canon in the same way.
Routh has given another interpretation. He maintained that there was not a word missing in this canon, but that at the commencement one ought to read, according to several mss. chorepiskopois in the dative, and further down alla men mede instead of alla mede then presbuterous (in the accusative) poleos and finally ekaste instead of hetera, and that we must therefore translate, "Chorepiscopi are not permitted to consecrate priests and deacons (for the country) still less (alla men mede) can they consecrate priests for the town without the consent of the bishop of the place." The Greek text, thus modified according to some mss., especially those in the Bodleian Library, certainly gives a good meaning. Still alla men mede does not mean, but still less: it means, but certainly not, which makes a considerable difference.
Besides this, it can very seldom have happened that the chorepiscopi ordained presbyters or deacons for a town; and if so, they were already forbidden, at least implicitly, in the first part of the canon.