VIII. The man who in a rage has taken up a hatchet against his own wife is a murderer. But it is what I should have expected from your intelligence that you should very properly remind me to speak on these points more fully, because a wide distinction must be drawn between cases where there is and where there is not intent. A case of an act purely unintentional, and widely removed from the purpose of the agent, is that of a man who throws a stone at a dog or a tree, and hits a man. The object was to drive off the beast or to shake down the fruit. The chance comer falls fortuitously in the way of the blow, and the act is unintentional. Unintentional too is the act of any one who strikes another with a strap or a flexible stick, for the purpose of chastising him, and the man who is being beaten dies. In this case it must be taken into consideration that the object was not to kill, but to improve, the offender. Further, among unintentional acts must be reckoned the case of a man in a fight who when warding off an enemy's attack with cudgel or hand, hits him without mercy in some vital part, so as to injure him, though not quite to kill him. This, however, comes very near to the intentional; for the man who employs such a weapon in self defence, or who strikes without mercy, evidently does not spare his opponent, because he is mastered by passion. In like manner the case of any one who uses a heavy cudgel, or a stone too big for a man to stand, is reckoned among the unintentional, because he does not do what he meant: in his rage he deals such a blow as to kill his victim, yet all he had in his mind was to give him a thrashing, not to do him to death. If, however, a man uses a sword, or anything of the kind, he has no excuse: certainly none if he throws his hatchet. For he does not strike with the hand, so that the force of the blow may be within his own control, but throws, so that from the weight and edge of the iron, and the force of the throw, the wound cannot fail to be fatal.
On the other hand acts done in the attacks of war or robbery are distinctly intentional, and admit of no doubt. Robbers kill for greed, and to avoid conviction. Soldiers who inflict death in war do so with the obvious purpose not of fighting, nor chastising, but of killing their opponents. And if any one has concocted some magic philtre for some other reason, and then causes death, I count this as intentional. Women frequently endeavour to draw men to love them by incantations and magic knots, and give them drugs which dull their intelligence. Such women, when they cause death, though the result of their action may not be what they intended, are nevertheless, on account of their proceedings being magical and prohibited, to be reckoned among intentional homicides. Women also who administer drugs to cause abortion, as well as those who take poisons to destroy unborn children, are murderesses. So much on this subject.
IX. The sentence of the Lord that it is unlawful to withdraw from wedlock, save on account of fornication, [2636] applies, according to the argument, to men and women alike. Custom, however, does not so obtain. Yet, in relation with women, very strict expressions are to be found; as, for instance, the words of the apostle "He which is joined to a harlot is one body" [2637] and of Jeremiah, If a wife "become another man's shall he return unto her again? shall not that land be greatly polluted?" [2638] And again, "He that hath an adulteress is a fool and impious." [2639] Yet custom ordains that men who commit adultery and are in fornication be retained by their wives. Consequently I do not know if the woman who lives with the man who has been dismissed can properly be called an adulteress; the charge in this case attaches to the woman who has put away her husband, and depends upon the cause for which she withdrew from wedlock. [2640] In the case of her being beaten, and refusing to submit, it would be better for her to endure than to be separated from her husband; in the case of her objecting to pecuniary loss, even here she would not have sufficient ground. If her reason is his living in fornication we do not find this in the custom of the church; but from an unbelieving husband a wife is commanded not to depart, but to remain, on account of the uncertainty of the issue. "For what knowest thou, O wife, whether thou shalt save thy husband?" [2641] Here then the wife, if she leaves her husband and goes to another, is an adulteress. But the man who has been abandoned is pardonable, and the woman who lives with such a man is not condemned. But if the man who has deserted his wife goes to another, he is himself an adulterer because he makes her commit adultery; and the woman who lives with him is an adulteress, because she has caused another woman's husband to come over to her.
X. Those who swear that they will not receive ordination, declining orders upon oath, must not be driven to perjure themselves, although there does seem to be a canon making concessions to such persons. Yet I have found by experience that perjurers never turn out well. [2642] Account must however be taken of the form of the oath, its terms, the frame of mind in which it was taken, and the minutest additions made to the terms, since, if no ground of relief can anywhere be found, such persons must be dismissed. The case, however, of Severus, I mean of the presbyter ordained by him, does seem to me to allow of relief of this kind, if you will permit it. Give directions for the district placed under Mestia, to which the man was appointed, to be reckoned under Vasoda. Thus he will not forswear himself by not departing from the place, and Longinus, having Cyriacus with him, will not leave the Church unprovided for, nor himself be guilty of neglect of work. [2643] I moreover shall not be held guilty of taking action in contravention of any canons by making a concession to Cyriacus who had sworn that he would remain at Mindana and yet accepted the transfer. His return will be in accordance with his oath, and his obedience to the arrangement will not be reckoned against him as perjury, because it was not added to his oath that he would not go, even a short time, from Mindana, but would remain there for the future. Severus, who pleads forgetfulness, I shall pardon, only telling him that One who knows what is secret will not overlook the ravaging of His Church by a man of such a character; a man who originally appoints uncanonically, then imposes oaths in violation of the Gospel, then tells a man to perjure himself in the matter of his transfer, and last of all lies in pretended forgetfulness. I am no judge of hearts; I only judge by what I hear; let us leave vengeance to the Lord, and ourselves pardon the common human error of forgetfulness, and receive the man without question.
XI. The man who is guilty of unintentional homicide has given sufficient satisfaction in eleven years. We shall, without doubt, observe what is laid down by Moses in the case of wounded men, and shall not hold a murder to have been committed in the case of a man who lies down after he has been struck, and walks again leaning on his staff. [2644] If, however, he does not rise again after he has been struck, nevertheless, from there being no intent to kill, the striker is a homicide, but an unintentional homicide.
XII. The canon absolutely excludes digamists from the ministry. [2645]
XIII. Homicide in war is not reckoned by our Fathers as homicide; I presume from their wish to make concession to men fighting on behalf of chastity and true religion. Perhaps, however, it is well to counsel that those whose hands are not clean only abstain from communion for three years. [2646]
XIV. A taker of usury, if he consent to spend his unjust gain on the poor, and to be rid for the future of the plague of covetousness, may be received into the ministry. [2647]
XV. I am astonished at your requiring exactitude in Scripture, and arguing that there is something forced in the diction of the interpretation which gives the meaning of the original, but does not exactly render what is meant by the Hebrew word. Yet I must not carelessly pass by the question started by an enquiring mind. At the creation of the world, birds of the air and the fishes of the sea had the same origin; [2648] for both kinds were produced from the water. [2649] The reason is that both have the same characteristics. The latter swim in the water, the former in the air. They are therefore mentioned together. The form of expression is not used without distinction, but of all that lives in the water it is used very properly. The birds of the air and the fishes of the sea are subject to man; and not they alone, but all that passes through the paths of the sea. For every water-creature is not a fish, as for instance the sea monsters, whales, sharks, dolphins, seals, even sea-horses, sea-dogs, saw-fish, sword-fish, and sea-cows; and, if you like, sea nettles, cockles and all hard-shelled creatures of whom none are fish, and all pass through the paths of the sea; so that there are three kinds, birds of the air, fishes of the sea, and all water-creatures which are distinct from fish, and pass through the paths of the sea.
XVI. Naaman was not a great man with the Lord, but with his lord; that is, he was one of the chief princes of the King of the Syrians. [2650] Read your Bible carefully, and you will find the answer to your question there.
[2611] Placed in 347.
[2612] In this letter Basil replies to several questions of Amphilochius concerning the Canons, and also concerning the interpretation of some passages of Holy Scripture. Maran dates it at the end of 374.
[2613] Prov. xvii. 28, lxx.
[2614] i.e.the followers of Novatian. cf. Eusebius vi. 43. cf. De. Sp. Scto. ch. x. p. 17 and note.
[2615] Or Pepuziani, another name for the Montanists. "Epiphanius may safely be disregarded, who, treating of the Montanists, in the 48th section of his work on heresies, treats of the Pepuziani, in the 49th, as a kindred, but distinct, sect." Dr. Salmon in D.C.B. iv. 303. The name is derived from Pepuza in Western Phrygia, the Montanist, or Cataphrygian, "Jerusalem." (Eus. H.E. v. 18.)
[2616] i.e. of Alexandria. Jerome (Vir. illust. lxix.) says that he agreed with Cyprian and the African Synod on the rebaptizing of heretics. The Ben. note says: "Videtur hac in re major auctoritas Basilio attribuenda quam Hieronymo. Plus operæ insumpserat Basilius in ea re examinanda."
[2617] parasunagoge.
[2618] Archbp. Trench (N.T. Syn. 330) quotes Augustine (Con. Crescon. Don. ii. 7): "Schisma est recens congregationis ex aliquâ sententiarum diversitate dissensio; hæresis autem schisma inveteratum;" and Jerome (Ep. ad Tit. iii. 10): "Inter hæresim et schisma hoc esse arbitrantur, quod hæresis perversum dogma habeat; schisma propter episcopalem dissensionem ab ecclesiâ separetur; quod quidem in principio aliquâ ex parte intelligi queat. Cæterum nullum schisma non sibi aliquam confingit hæresim, ut recte ab ecclesia recessisse videatur." To these may be added Aug. (Quæst. in Matt. xi. 2): "Solet autem etiam quæri schismatici quid ab hæreticis distent, et hoc inveniri quod schismaticos non fides diversa faciat sed communionis disrupta societas. Sed utrum inter zizania numerandi sint dubitari potest, magis autem videntur spicis corruptis esse similiores, vel paleis aristarum fractis, vel scissis et de segete abruptis."
[2619] ton aposchisanton, hos eti ek tes ekklesias onton. The Ben. note is "Quod autem addit Basilius, ut adhuc ex Ecclesia exsistentium, non idcirco addit quod schismaticos in Ecclesiæ membris numeraret. Illius verba si quis in deteriorem partem rapiat, facilis et expedita responsio, Nam sub finem hujus, canonis de Encratitis ipsis, id est, de hæreticis incarnationem et Dei singularitatem negantibus, ait sibi non jam integrum esse eos qui huic sectæ conjuncti sunt ab Ecclesia separare, quia duos eorum episcopos sine baptismo ac sine nova ordinatione receperat. Nemo autem suspicabitur Basilium ejusmodi hæreticos ab Ecclesia alienissimos non judicasse. Quare quidquid schismaticis tribuit, in sola baptismi societate positum est. Nam cum Cyprianus et Firmilianus schismaticos et hæreticos ita ab Ecclesia distractos crederent, ut nihil prosus ad eos ex fontibus Ecclesiæ perflueret; Basilius huic sententiæ non assentitur, et in schismaticis quia fidem Ecclesiæ retinent, vestigium quoddam agnoscit necessitudinis et societatis cum Ecclesia, ita ut valida sacramentorum administratio ab Ecclesia ad illos permanare possit. Hinc sibi integrum negat detestandos hæreticos ab Ecclesia separare, quorum baptisma ratum habuerat. Idem docent duo præstantissimi unitatis defensores. Optatus et Augustinus. Quod enim scissum est, inquit Optatus lib. iii. n. 9, ex parte divisum est, non ex toto: cum constet merito, quia nobis et vobis ecclesiastica una est conversatio, et si hominum litigant mentes, non litigant sacramenta. Vid. lib. iv. n. 2. Sic etiam Augustinus lib. i. De baptismo n. 3: Itaque isti (hæretici et schismatici) in quibusdam rebus nobiscum sunt: in quibus autem nobiscum non sunt, ut veniendo accipiant, vel redeundo recipiant, adhortamur. Vid. lib. iii. n. 26. Sic ex Basilio hæretici nobiscum sunt quoad baptisma."