Canon XXIV.
They who practice divination, and follow the customs of the heathen, or who take men to their houses for the invention of sorceries, or for lustrations, fall under the canon of five years' [penance], according to the prescribed degrees; that is, three years as prostrators, and two of prayer without oblation.
Notes.
Ancient Epitome of Canon XXIV.
Whoso uses vaticination and whoso introduces anyone into his house for the sake of making a poison or a lustration let him be subject to penance for five years.
I read ethnon for chronon and accordingly translate "of the heathen."
Van Espen.
It is greatly to be desired that bishops and pastors to-day would take example from the fathers of Ancyra and devote their attention strenuously to eliminate superstition from the people, and would expound with animation to the people the enormity of this crime.
Canon XXV.
One who had betrothed a maiden, corrupted her sister, so that she conceived. After that he married his betrothed, but she who had been corrupted hanged herself. The parties to this affair were ordered to be received among the co-standers after ten years [of penance] according to the prescribed degrees.
Notes.
Ancient Epitome to Canon XXV.
A certain body after being engaged to marry a young girl, violates her sister and then takes her to wife. The first is suffocated. All who were cognizant of the affair are to be subject to penance for ten years.
I have followed the usual translation "hanged herself," which is the ordinary dictionary-meaning of apancho, but Hefele says that it signifies any and every variety of suicides.
Balsamon.
In this case we have many nefarious crimes committed, fornication, unlawful marriage [i.e. with the sister of one's mistress] and murder. In that case [mentioned by St. Basil in Canon lxxviij. where only seven years penance is enjoined] there is only a nefarious marriage [i.e. with a wife's sister].
The Council of Neocæsarea.
a.d. 315 (circa).
(Hefele thinks somewhat later, but before 325.)
Elenchus.
Historical Note.
The Canons with the Ancient Epitome and Notes.
Historical Note.
(Zonaras and Balsamon prefix to the canons this note.)
The Synod gathered together at Neocæsarea, which is a city of Pontus, is next in order after that of Ancyra, and earlier in date than the rest, even than the First Ecumenical Synod at Nice. In this synod the Holy Fathers gathered together, among whom was the holy Martyr Basil, bishop of Amasea, adopted canons for the establishing of ecclesiastical order as follow--
The Canons of the Holy and Blessed Fathers Who Assembled at Neocæsarea, Which are Indeed Later in Date Than Those Made at Ancyra, But More Ancient Than the Nicene: However, the Synod of Nice Has Been Placed Before Them on Account of Its Peculiar Dignity. [122]
(Annotations by Routh, and reprint of the Notes of Christopher Justellus and of Bp. Beveridge will be found in Vol. iv. of the Reliquiæ Sacræ.)
Canon I.
If a presbyter marry, let him be removed from his order; but if he commit fornication or adultery, let him be altogether cast out [i.e. of communion] and put to penance.
Notes.
Ancient Epitome of Canon I.
If a presbyter marries he shall be deposed from his order. If he commits adultery or whoredom he shall be expelled, and shall be put to penance.
Aristenus.
A presbyter who marries is removed from the exercise of the priesthood but retains his honour and seat. But he that commits fornication or adultery is cast forth altogether and put to penance.
Van Espen.
These fathers [i.e. of Neocæsarea] shew how much graver seemed to them the sin of the presbyter who after ordination committed fornication or adultery, than his who took a wife. For the former they declare shall simply be deposed from his order or deprived of the dignity of the Priesthood, but the latter is to "be altogether cast out, and put to penance."...Therefore such a presbyter not only did they remove from the priestly functions, or the dignity of the priesthood, but perfectly or altogether cast him out of the Church.
This canon Gratian has inserted in the Corpus Juris Canonici. Decretum. Pars I., Dist. xxviii., c. ix. Gratian has followed Isidore in adding after the word "penance" the words "among the laity" (inter laicos) which do not occur in the Greek, (as is noted by the Roman Correctors) nor in the version of Dionysius Exiguus; these same correctors fall however themselves into a still graver error in supposing that criminous clerks in the early days of the Church were sent out to wander over the country, as Van Espen well points out.
On the whole subject of the marriage of the clergy in the Early Church see the Excursus devoted to that subject.
[122] This is the title in the Paris edition of Zonaras.