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

XXII. Men who keep women carried off by violence, if they carried them off when betrothed
to other men, must not be received before removal of the women and their restoration
to those to whom they were first contracted, whether they wish to receive them, or to separate
from them. In the case of a girl who has been taken when not betrothed, she ought first to
be removed, and restored to her own people, and handed over to the will of her own people
whether parents, or brothers, or any one having authority over her. If they choose to give
her up, the cohabitation may stand; but, if they refuse, no violence should be used. In the
case of a man having a wife by seduction, be it secret or by violence, he must be held guilty
of fornication. The punishment of fornicators is fixed at four years. In the first year they
must be expelled from prayer, and weep at the door of the church; in the second they may
be received to sermon; in the third to penance; in the fourth to standing with the people,
while they are withheld from the oblation. Finally, they may be admitted to the communion
of the good gift.
XXIII. Concerning men who marry two sisters, or women who marry two brothers a
short letter of mine has been published, of which I have sent a copy to your reverence. 2703
The man who has taken his own brother’s wife is not to be received until he have separated
from her.
XXIV. A widow whose name is in the list of widows, that is, who is supported 2704 by
the Church, is ordered by the Apostle to be supported no longer when she marries. 2705
There is no special rule for a widower. The punishment appointed for digamy may
suffice. If a widow who is sixty years of age chooses again to live with a husband, she shall
be held unworthy of the communion of the good gift until she be moved no longer by her
impure desire. If we reckon her before sixty years, the blame rests with us, and not with the
woman.
XXV. The man who retains as his wife the woman whom he has violated, shall be liable
to the penalty of rape, but it shall be lawful for him to have her to wife.
XXVI. Fornication is not wedlock, nor yet the beginning of wedlock. Wherefore it is
best, if possible, to put asunder those who are united in fornication. If they are set on cohab-
declinarit. Canon 8, Neocæsariensis laicis, quorum uxores adulterii convictæ, aditum ad ministerium ecclesiast-
icum claudit; clericis depositionis pœnam irrogat, si adulteram nolint dimittere. Canon 65 Eliberitanus sic habet:
Si cujus clerici uxor fuerit mæchata, et scierit eam maritus suus mæchari, et non eam statim projecerit, nec in
fine accipiat communionem. Hermas lib. i, c. 2, adulteram ejici jubet, sed tamen pœnitentem recipi. S. Augustinus
adulterium legitimam esse dimittendi causam pronuntiat, sed non necessariam, lib. ii. De Adulter. nuptiis, cap.
5, n. 13.”
2703 Probably Letter clx. to Diodorus is referred to.
2704 Διακονουμένην. So the Ben. Ed. Another possible rendering is “received into the order of deaconesses.”
2705 1 Tim. v. 11, 12.
To Amphilochius, concerning the Canons.
681
238