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Nicene and Post-Nicene Church Fathers Series 2 - The Still Small ...

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intelligence. Such women, when they cause death, though the result of their action may not<br />

be what they intended, are nevertheless, on account of their proceedings being magical <strong>and</strong><br />

prohibited, to be reckoned among intentional homicides. Women also who administer<br />

drugs to cause abortion, as well as those who take poisons to destroy unborn children, are<br />

murderesses. So much on this subject.<br />

IX. <strong>The</strong> sentence of the Lord that it is unlawful to withdraw from wedlock, save on account<br />

of fornication, 2636 applies, according to the argument, to men <strong>and</strong> women alike.<br />

Custom, however, does not so obtain. Yet, in relation with women, very strict expressions<br />

are to be found; as, for instance, the words of the apostle “He which is joined to a harlot is<br />

one body” 2637 <strong>and</strong> of Jeremiah, If a wife “become another man’s shall he return unto her<br />

again? shall not that l<strong>and</strong> be greatly polluted?” 2638 And again, “He that hath an adulteress<br />

is a fool <strong>and</strong> impious.” 2639 Yet custom ordains that men who commit adultery <strong>and</strong> are in<br />

fornication be retained by their wives. Consequently I do not know if the woman who lives<br />

with the man who has been dismissed can properly be called an adulteress; the charge in<br />

this case attaches to the woman who has put away her husb<strong>and</strong>, <strong>and</strong> depends upon the cause<br />

for which she withdrew from wedlock. 2640 In the case of her being beaten, <strong>and</strong> refusing to<br />

submit, it would be better for her to endure than to be separated from her husb<strong>and</strong>; in the<br />

case of her objecting to pecuniary loss, even here she would not have sufficient ground. If<br />

her reason is his living in fornication we do not find this in the custom of the church; but<br />

from an unbelieving husb<strong>and</strong> a wife is comm<strong>and</strong>ed not to depart, but to remain, on account<br />

of the uncertainty of the issue. “For what knowest thou, O wife, whether thou shalt save<br />

thy husb<strong>and</strong>?” 2641 Here then the wife, if she leaves her husb<strong>and</strong> <strong>and</strong> goes to another, is an<br />

adulteress. But the man who has been ab<strong>and</strong>oned is pardonable, <strong>and</strong> the woman who lives<br />

with such a man is not condemned. But if the man who has deserted his wife goes to another,<br />

2636 Matt. v. 32.<br />

2637 1 Cor. vi. 16.<br />

2638 Jer. iii. 1.<br />

2639 Prov. xviii. 22, LXX.<br />

2640 <strong>The</strong> Ben. note is, Sequitur in hoc canone Basilius Romanas leges, quas tamen fatetur cum evangelio minus<br />

consentire. Lex Constantini jubet in repudio mittendo a femina hæc sola crimina inquiri, si homicidam, vel<br />

medicamentarium, vel sepulcrorum dissolutorem maritum suum esse probaverit. At eadem lege viris conceditur,<br />

ut adulteras uxores dimittant. Aliud discrimen hoc in canone uxores inter et maritos ponitur, quod uxor injuste<br />

dimissa, si ab alia ducatur, adulterii notam non effugiat; dimissus autem injuste maritus nec adulter sit, si aliam<br />

ducat, nec quæ ab eo ducitur, adultera. Cæterum Basilius ante episcopatum eodem jure uxorem ac maritum esse<br />

censebat. Nam in Moral. reg. 73statuit virum ab uxore, aut uxorem a viro non debere separari, nisi quis depre-<br />

hendatur in adulterio. Utrique pariter interdicit novis nuptiis, sive repudient, sive repudientur.<br />

2641 1 Cor. vii. 16.<br />

To Amphilochius, concerning the Canons.<br />

656<br />

227

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