Canon XVII.
Defilers of themselves with beasts, being also leprous, who have infected others [with the leprosy of this crime], the holy Synod commands to pray among the hiemantes.
Notes.
Ancient Epitome of Canon XVII.
A leper who goes in to a beast or even to leprous women, shall pray with the hybernantes.
Leprosantas is from leproo not from leprao and therefore cannot mean "have been lepers," but "have made others rough and scabby." It is only in the passive and in Alexandrian Greek that it has the meaning to become leprous. Vide Liddell and Scott.
There seems but little doubt that the word is to be understood spiritually as suggested above.
The last word of the canon is also a source of confusion. Both Beveridge and Routh understand by the cheimazomenoi those possessed with devils. Suicer however (Thesaurus) thinks that the penitents of the lowest degree are intended, who had no right to enter the church, but were exposed in the open porch to the inclemencies (cheimon) of the weather. But, after all it matters little, as the possessed also were forced to remain in the same place, and shared the same name.
Besides the grammatical reason for the meaning of leprosantas given above there is another argument of Hefele's, as follows:
Hefele.
It is clear that leprosantas cannot possibly mean "those who have been lepers"; for there is no reason to be seen why those who were cured of that malady should have to remain outside the church among the flentes. Secondly, it is clear that the words leprous ontas, etc. are added to give force to the expression alogeusamenoi. The preceding canon had decreed different penalties for different kinds of alogeusamenoi. But that pronounced by canon xvii. being much severer than the preceding ones, the alogeusamenoi of this canon must be greater sinners than those of the former one. This greater guilt cannot consist in the fact of a literal leprosy; for this malady was not a consequence of bestiality. But their sin was evidently greater when they tempted others to commit it. It is therefore lepra in the figurative sense that we are to understand, and our canon thus means; "Those who were spiritually leprous through this sin, and tempting others to commit it made them leprous."
Canon XVIII.
If any who have been constituted bishops, but have not been received by the parish to which they were designated, shall invade other parishes and wrong the constituted [bishops] there, stirring up seditions against them, let such persons be suspended from office and communion. But if they are willing to accept a seat among the presbyterate, where they formerly were presbyters, let them not be deprived of that honour. But if they shall act seditiously against the bishops established there, the honour of the presbyterate also shall be taken from them and themselves expelled.
Notes.
Ancient Epitome of Canon XVIII.
If a bishop who has been duly constituted, is not received by the Church to which he was elected, but gives trouble to other bishops, let him be excommunicated.
If he wishes to be numbered among the presbyters, let him be so numbered. But if he shall be at outs with the bishops duly constituted there, let him be deprived of the honour of being even a presbyter.
The word I have translated "suspended from office and communion" is aphorizesthai . Suicer in his Thesaurus shews that this word does not mean only, as some have supposed, a deprivation of office and dignity (e.g., Van Espen), but also an exclusion from the communion of the Church.
Canon XIX.
If any persons who profess virginity shall disregard their profession, let them fulfil the term of digamists. And, moreover, we prohibit women who are virgins from living with men as sisters.
Notes.
Ancient Epitome of Canon XIX.
Whoever has professed virginity and afterwards annuls it, let him be cut off for four years. And virgins shall not go [118] to any as to brothers.
Hammond.
According to some of the ancient canons digamists were to be suspended from communion for one or two years, though Beveridge and others doubt whether the rule was not meant to apply to such marriages only as were contracted before a former one was dissolved. Bingham thinks that it was intended to discountenance marrying after an unlawful divorce. (Ant., Bk. xv, c. iv., § 18.) [119]
Hefele.
The first part of this canon regards all young persons--men as well as women--who have taken a vow of virginity, and who, having thus, so to speak, betrothed themselves to God are guilty of a quasi digamy in violating that promise. They must therefore incur the punishment of digamy (successiva) which, according to St. Basil the Great, consisted of one year's seclusion.
This canon is found in Gratian's Decretum (P. II., Causa xxvii., Q. i., c. xxiv.) as follows: "As many as have professed virginity and have broken their vow and contemned their profession shall be treated as digamists, that is as those who have contracted a second marriage."
[118] Aristenus understands this to mean to "live with," using the verb sunanastrephesthai.
[119] This view of Bingham's would seem to be untenable, since the penance would have been for adultery not for digamy had the former marriage still been in force.
Excursus on Second Marriages, Called Digamy.
To distinguish contemporaneous from successive bigamy I shall use throughout this volume the word "digamy" to denote the latter, and shall thus avoid much confusion which otherwise is unavoidable.
The whole subject of second, and even of third and fourth marriages has a great interest for the student of early ecclesiastical legislation, and I shall therefore treat the matter here (as I shall hope) sufficiently and refer the reader for its fuller treatment to books more especially upon the subject.
The general position of the Church seems to have been to discourage all second marriages, and to point to a single matrimonial connexion as the more excellent way. But at the same time the principle that the marriage obligation is severed by death was universally recognised, and however much such fresh marriages may have been disapproved of, such disapproval did not rest upon any supposed adulterous character in the new connexion. I cite a portion of an admirable article upon the subject by an English barrister of Lincoln's Inn.
(J. M. Ludlow, in Smith and Cheetham, Dictionary of Christian Antiquities, sub voce Digamy.)
Although among the earlier Romans [120] there was one form of marriage which was indissoluble, viz., that by confarreatio, still generally a second marriage either after death or divorce was by no means viewed with disfavour....Meanwhile an intensifying spirit of asceticism was leading many in the Church to a condemnation of second marriage in all cases. Minucius Felix (Octavius, c. 31, § 5) only professes on behalf of the Christians a preference for monogamy. Clement of Alexandria (a.d. 150-220) seems to confine the term marriage to the first lawful union (Stromata, Bk. ii.)....It would seem, however, that when these views were carried to the extent of absolute prohibition of second marriages generally by several heretical sects, the Montanists (see Augustine, De Hæresibus, c. xxvi.), the Cathari (ib., c. xxxviii.), and a portion at least of the Novatianists (see Cotel., Patr. Apol., vol. i., p. 91, n. 16) the Church saw the necessity of not fixing such a yoke on the necks of the laity. The forbiddance of second marriage, or its assimilation to fornication, was treated as one of the marks of heresy (Augustin. u. s.; and see also his De Bono Vid., c. vi.). The sentiment of Augustine (in the last referred to passage) may be taken to express the Church's judgment at the close of the fourth century: "Second marriages are not to be condemned, but had in less honour," and see also Epiphanius, in his Exposition of the Catholic Faith.
To these remarks of Mr. Ludlow's, I may add that St. Ambrose had written (De Viduis, c. xi.), "We do not prohibit second marriages, but we do not approve marriages frequently reiterated." St. Jerome had spoken still more strongly (Ep. lxvii., Apol. pro libris adv. Jovin.), "I do not condemn digamists, or even trigamists or, if such a thing can be said, octagamists." It does not seem that the penance which was imposed in the East upon those entering into second nuptials was imposed in the West. The Corpus Juris Canonici contains two decretals, one of Alexander III. and another of Urban III., forbidding priests to give the nuptial benediction in cases of reiterated marriage. In the East at second marriages the benediction of the crown is omitted and "propitiatory prayers" are to be said. Mr. Ludlow points out that in the "Sanctions and Decrees," falsely attributed to the Council of Nice and found in Mansi (vol. ii., col. 1029) it is expressly stated that widowers and widows may marry, but that "the blessing of the crowns is not to be imparted to them, for this is only once given, at first marriages, and is not to be repeated....But if one of them be not a widower or widow, let such one alone receive the benediction with the paranymphs, those whom he will."
[120] The reader may recall the words of Dido: Ille meos, primusqui me sibi junxit, amores Abstulit; ille habeat secum servetque sepulcro