Canon XCI.
Those who give drugs for procuring abortion, and those who receive poisons to kill the foetus, are subjected to the penalty of murder.
Notes.
Ancient Epitome of Canon XCI.
Whoever gives or receives medicine to produce abortion is a homicide.
See Canon XXI. of Ancyra, and Canon II. of St. Basil; to wit, "She who purposely destroys the foetus, shall suffer the punishment of murder. And we pay no attention to the subtile distinction as to whether the foetus was formed or unformed. And by this not only is justice satisfied for the child that should have been born, but also for her who prepared for herself the snares, since the women very often die who make such experiments."
Canon XCII.
The holy synod decrees that those who in the name of marriage carry off women and those who in any way assist the ravishers, if they be clerics, they shall lose their rank, but if they be laymen they shall be anathematized.
Notes.
Ancient Epitome of Canon XCII.
Those who run away with women, and those who assist and give a hand, if they be clerics they shall be deposed, if laymen they shall be anathamatized.
Van Espen.
This canon simply renews and confirms Canon xxvij of Chalcedon.
Canon XCIII.
If the wife of a man who has gone away and does not appear, cohabit with another before she is assured of the death of the first, she is an adulteress. The wives of soldiers who have married husbands who do not appear are in the same case; as are also they who on account of the wanderings of their husbands do not wait for their return. But the circumstance here has some excuse, in that the suspicion of his death becomes very great. But she who in ignorance has married a man who at the time was deserted by his wife, and then is dismissed because his first wife returns to him, has indeed committed fornication, but through ignorance; therefore she is not prevented from marrying, but it is better if she remain as she is. If a soldier shall return after a long time, and find his wife on account of his long absence has been united to another man, if he so wishes, he may receive his own wife [back again], pardon being extended in consideration of their ignorance both to her and to the man who took her home in second marriage.
Notes.
Ancient Epitome of Canon XCIII.
A woman who when her husband does not turn up, before she is certain he is dead, takes another commits adultery. But when the man returns he may receive her again, if he so elects.
Compare in the Corpus Juris Canonici, Gratian's Decretum, Pars II., Causa xxxiv., Quæst. I. and II. Epistle of St. Leo to Nicetas. Also compare of St. Basil's canon's xxxj., xxxvj., and xlvj.
Canon XCIV.
The canon subjects to penalties those who take heathen oaths, and we decree to them excommunication.
Notes.
Ancient Epitome of Canon XCIV.
Whoever uses Gentile oaths, is worthy of punishment, for he is cut off.
The reference is to canon lxxxj. of St. Basil's canons.
Van Espen.
Tertullian (De Idolatria, cap. xx.) supposes that to swear by the false gods of the Gentiles, contains in itself some idolatry, an opinion shared by St. Basil, comparing those using such oaths with them who betrayed Christ, and who are partakers of the talk of devils.
Canon XCV.
Those who from the heretics come over to orthodoxy, and to the number of those who should be saved, we receive according to the following order and custom. Arians, Macedonians, Novatians, who call themselves Cathari, Aristeri, and Testareskaidecatitæ, or Tetraditæ, and Apollinarians, we receive on their presentation of certificates and on their anathematizing every heresy which does not hold as does the holy Apostolic Church of God: then first of all we anoint them with the holy chrism on their foreheads, eyes, nostrils, mouth and ears; and as we seal them we say--"The seal of the gift of the Holy Ghost."
But concerning the Paulianists it has been determined by the Catholic Church that they shall by all means be rebaptized. The Eunomeans also, who baptize with one immersion; and the Montanists, who here are called Phrygians; and the Sabellians, who consider the Son to be the same as the Father, and are guilty in certain other grave matters, and all the other heresies--for there are many heretics here, especially those who come from the region of the Galatians--all of their number who are desirous of coming to the Orthodox faith, we receive as Gentiles. And on the first day we make them Christians, on the second Catechumens, then on the third day we exorcise them, at the same time also breathing thrice upon their faces and ears; and thus we initiate them, and we make them spend time in church and hear the Scriptures; and then we baptize them.
And the Manichæans, and Valentinians and Marcionites and all of similar heresies must give certificates and anathematize each his own heresy, and also Nestorius, Eutyches, Dioscorus, Severus, and the other chiefs of such heresies, and those who think with them, and all the aforesaid heresies; and so they become partakers of the holy Communion.
Notes.
Ancient Epitome of Canon XCV.
Thus we admit those converted from the heretics. We anoint with the holy chrism, upon the brow, eyes, nostrils, mouth, and ears, Arians, Macedonians, Novatians (who are called Cathari), Aristerians (who are called Quartadecimans or Tetraditæ), and Apollinarians when they anathematize every heresy; and sign them with the cross as we say, "The Seal of the gift of the Holy Ghost. Amen."
Compare with this Canon vij. of Laodicea, and the so-called vij^th. canon of the First Council of Constantinople.
The text I have translated is that ordinarily given, I now present to the reader Hefele's argument for its worthlessness.
Hefele.
This text is undoubtedly false, for (a) the baptism of the Gnostics was, according to the recognized ecclesiastical principle, invalid, and a Gnostic coming into the Church was required to be baptized anew; (b) besides, it would have us first to require of a Gnostic an anathema on Nestorius, Eutyches, etc. More accurate, therefore, is the text, as it is given by Beveridge, and as Balsamon had it, to the effect that: "In the same way (as the preceding) are the Manichæans, Valentinians, Marcionites, and similar heretics to be treated (i.e., to be baptized anew); but the Nestorians must (merely) present certificates, and anathematize their heresy, Nestorius, Eutyches, etc." Here we have only this mistake, that the Nestorians must anathematize, among others, also Eutyches, which they would certainly have done very willingly. At the best, we must suppose that there is a gap in the text, and that after, "all of similar heresies," we must add "the later heretics must present certificates and anathematize Nestorius, Eutyches, etc."
There seems but little doubt that whatever may be the truth in the matter, the early theologians and fathers held that even though the external rite of Holy Baptism might be validly performed by schismatics and heretics, yet that by it the person so baptized did not receive the Holy Ghost, and this opinion was not confined to the East, but was also prevalent in the West. Vide Rupertus, De Divinis Officiis, Lib. X., Cap. xxv.