Canon VII.
A presbyter shall not be a guest at the nuptials of persons contracting a second marriage; for, since the digamist is worthy of penance, what kind of a presbyter shall he be, who, by being present at the feast, sanctioned the marriage?
Notes.
Ancient Epitome of Canon VII.
A presbyter ought not to be present at the marriage of digamists. For when that one [126] implores favour, who will deem him worthy of favour.
Hefele.
The meaning of the canon is as follows: "If the digamist, after contracting his second marriage, comes to the priest to be told the punishment he has to undergo, how stands the priest himself who for the sake of the feast has become his accomplice in the offence?"
Van Espen.
The present canon again shews that although the Church never disapproved of, nor reputed second or still later marriages illicit, nevertheless the Fathers enjoined a penance upon digamists and those repeating marriage, because by this iteration they shewed their incontinence. As he that contracted a second marriage did not sin properly speaking, and committed no fault worthy of punishment, therefore whatever was amiss was believed to be paid off by a lighter penance, and Zonaras supposes that the canons inflicted a mulct upon digamists, for saith he, "Digamists are not allowed for one year to receive the Holy Gifts."
Zonaras seems to indicate that the discipline of the canon was not in force in his time, for he says, "Although this is found in our writings, yet we ourselves have seen the Patriarch and many Metropolitans present at the feast for the second nuptials of the Emperor."
[126] Bp. Beveridge for "that one" translates "the digamist." The meaning is very obscure at best.
Canon VIII.
If the wife of a layman has committed adultery and been clearly convicted, such [a husband] cannot enter the ministry; and if she commit adultery after his ordination, he must put her away; but if he retain her, he can have no part in the ministry committed to him.
Notes.
Ancient Epitome of Canon VIII.
A layman whose wife is an adulteress cannot be a clergyman, and a cleric who keeps an adulteress shall be expelled.
Van Espen.
Although the Eastern Church allows the clergy to have wives, even priests, and permits to them the use of marriage after ordination, nevertheless it requires of them the highest conjugal continency, as is seen by the present canon. For here it is evident that the Fathers wished even the smallest possible kind of incontinence to be absent from men dedicated to holiness.
This canon is found in the Corpus Juris Canonici, Gratian's Decretum, Pars I., Dist. xxxiv., c. xi.
Canon IX.
A presbyter who has been promoted after having committed carnal sin, and who shall confess that he had sinned before his ordination, shall not make the oblation, though he may remain in his other functions on account of his zeal in other respects; for the majority have affirmed that ordination blots out other kinds of sins. But if he do not confess and cannot be openly convicted, the decision shall depend upon himself.
Notes.
Ancient Epitome of Canon IX.
If a presbyter confess that he has sinned, [127] let him abstain from the oblation, and from it only. For certain sins orders remit. If he neither confess nor is convicted, let him have power over himself.
Van Espen.
Therefore if he who before his ordination had committed a sin of the flesh with a woman, confess it after ordination, when he is already a priest, he cannot perform the priestly office, he can neither offer nor consecrate the oblations, even though after his ordination he has preserved uprightness of living and been careful to exercise virtue; as the words "zeal in other respects" ("studious of good") Zonaras rightly interprets.
And since here the consideration is of a sin committed before ordination, and also concerning a presbyter who after his ordination was of spotless life, and careful to exercise virtue, the Fathers rightly wished that he should not, against his will, be deposed from the priestly office.
It is certainly curious that this canon speaks of ordination as in the opinion of most persons taking away all sins except consummated carnal offences. And it will be noted that the aphienai must mean more than that they are forgiven by ordination, for they had been forgiven long ago by God upon true contrition, but that they were made to be non-existent, as if they had never been, so that they were no hinderance to the exercise of the spiritual office. I offer no explanation of the difficulty and only venture to doubt the satisfactory character of any of the explanations given by the commentators. Moreover it is hard to grasp the logical connexion of the clauses, and what this "blotting out" of ta loipa has to do with the matter I entirely fail to see. The kai after polloi may possibly suggest that something has dropped out.
This canon and the following are together in the Corpus Juris Canonici, Gratian's Decretum, Pars II., Causa xv., Quæst. viii., c. i.
[127] Aristenus understands this of fornication.