Canon XX.
If the wife of anyone has committed adultery or if any man commit adultery it seems fit that he shall be restored to full communion after seven years passed in the prescribed degrees [of penance].
Notes.
Ancient Epitome of Canon XX.
An adulteress and an adulterer are to be cut off for seven years.
Hefele.
The simplest explanation of this canon is "that the man or woman who has violated the marriage bond shall undergo a seven years' penance"; but many reject this explanation, because the text says auton tuchein and consequently can refer only to the husband. Fleury and Routh think the canon speaks, as does the seventieth of Elvira, of a woman who has broken the marriage tie with the knowledge and consent of her husband. The husband would therefore in this case be punished for this permission, just as if he had himself committed adultery. Van Espen has given another explanation: "That he who marries a woman already divorced for adultery is as criminal as if he had himself committed adultery." But this explanation appears to us more forced than that already given; and we think that the Greek commentators Balsamon and Zonaras were right in giving the explanation we have offered first as the most natural. They think that the Synod punished every adulterer, whether man or woman, by a seven years' penance. There is no reason for making a mistake because only the word auton occurs in the passage in which the penalty is fixed; for auton here means the guilty party, and applies equally to the woman and the man: besides, in the preceding canon the masculine hosoi epangellomenoi includes young men and young women also. It is probable that the Trullan Synod of 692, in forming its eighty-seventh canon, had in view the twentieth of Ancyra. The sixty-ninth canon of Elvira condemned to a lighter punishment--only five years of penance--him who had been only once guilty of adultery.
Canon XXI.
Concerning women who commit fornication, and destroy that which they have conceived, or who are employed in making drugs for abortion, a former decree excluded them until the hour of death, and to this some have assented. Nevertheless, being desirous to use somewhat greater lenity, we have ordained that they fulfil ten years [of penance], according to the prescribed degrees.
Notes.
Ancient Epitome of Canon XXI.
Harlots taking injurious medicines are to be subjected to penance for ten years.
The phrase "and to this some have assented" is the translation of Hervetus, Van Espen, and Hefele. Dr. Routh suggests to understand hai and translate, "the same punishment will be inflicted on those who assist in causing miscarriages," but this seems rather an unnatural and strained rendering of the Greek.
Canon XXII.
Concerning wilful murderers let them remain prostrators; but at the end of life let them be indulged with full communion.
Notes.
Ancient Epitome of Canon XXII.
A voluntary homicide may at the last attain perfection. [121]
Van Espen.
It is noteworthy how singularly appositely [Constantine] Harmenopulus the Scholiast in the Epitom. Canonum., Sect. v., tit. 3, tells the following story: "In the time of the Patriarch Luke, a certain bishop gave absolution in writing to a soldier who had committed voluntary homicide, after a very short time of penance; and afterwards when he was accused before the synod of having done so, he defended himself by citing the canon which gives bishops the power of remitting or increasing the length of their penance to penitents. But he was told in answer that this was granted indeed to pontiffs but not that they should use it without examination, and with too great lenity. Wherefore the synod subjected the soldier to the canonical penance and the bishop it mulcted for a certain time, bidding him cease from the exercise of his ministry."
[121] That is, receive the Sacraments.
Canon XXIII.
Concerning involuntary homicides, a former decree directs that they be received to full communion after seven years [of penance], according to the prescribed degrees; but this second one, that they fulfil a term of five years.
Notes.
Ancient Epitome of Canon XXIII.
An involuntary homicide shall be subjected to penance for five years.
Van Espen.
Of voluntary and involuntary homicides St. Basil treats at length in his Canonical Epistle ad Amphilochium, can. viii., lvi. and lvii., and fixes the time of penance at twenty years for voluntary and ten years for involuntary homicides. It is evident that the penance given for this crime varied in different churches, although it is clear from the great length of the penance, how enormous the crime was considered, no light or short penance being sufficient.