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St Basil the Great LETTERS, Third Part

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LXXVII. He who abandons the wife, lawfully united to him, is subject by the sentence of the Lord to the penalty of adultery. But it has been laid down as a canon by our Fathers that such sinners should weep for a year, be hearers for two years, in kneeling for three years, stand with the faithful in the seventh; and thus be deemed worthy of the oblation, if they have repented with tears. [2846]

LXXVIII. Let the same rule hold good in the case of those who marry two sisters, although at different times. [2847]

LXXIX. Men who rage after their stepmothers are subject to the same canon as those who rage after their sisters. [2848]

LXXX. On polygamy the Fathers are silent, as being brutish and altogether inhuman. The sin seems to me worse than fornication. It is therefore reasonable that such sinners should be subject to the canons; namely a year's weeping, three years kneeling and then reception. [2849]

LXXXI. During the invasion of the barbarians many men have sworn heathen oaths, tasted things unlawfully offered them in magic temples and so have broken their faith in God. Let regulations be made in the case of these men in accordance with the canons laid down by our Fathers. [2850] Those who have endured grievous tortures and have been forced to denial, through inability to sustain the anguish, may be excluded for three years, hearers for two, kneelers for three, and so be received into communion. Those who have abandoned their faith in God, laying hands on the tables of the demons and swearing heathen oaths, without under going great violence, should be excluded for three years, hearers for two. When they have prayed for three years as kneelers, and have stood other three with the faithful in supplication, then let them be received into the communion of the good thing.

[2846] The Ben. note points out the St. Basil refers to the repudiation of a lawful wife from some other cause than adultery. It remarks that though Basil does not order it to be punished as severely as adultery there is no doubt that he would not allow communion before the dismissal of the unlawful wife. It proceeds "illud autem difficilius est statuere, quid de matrimonio post ejectam uxorem adulteram contracto senserit. Ratum a Basilio habitum fuisse ejusmodi matrimonium pronuntiat Aristentus. Atque id quidem Basilius, conceptis verbis non declarat; sed tamen videtur hac in re a saniori ac meliori sententia discessisse. Nam 1^o maritum injuste dimissum ab alio matrimonio non excludit, ut vidimus in canonibus 9 et 35. Porro non videtur jure dimittenti denegasse, quod injuste dimisso concedebat. 2^o Cum jubeat uxorem adulteram ejici, vix dubium est quin matrimonium adulterio uxoris fuisset mariti, ac multo durior, quam uxoris conditio, si nec adulteram retinere, necaliam ducere integrum fuisset.

[2847] cf. Letter clx. p. 212.

[2848] The Ben. note is Prima specie non omnino perspicuum est utrum sorores ex utroque parente intelligat, an tantum ex alterutro. Nam cum in canone 79 eos qui suas nurus accipiunt non severius puniat, quam cui cum sorore ex matre vel ex patre rem habent, forte videri posset idem statuere de iis qui in novercas insaniunt. Sed tamen multo probabilius est eamdem illis poenam imponi, ac iis qui cum sorore ex utroque parente contaminantur. Non enim distinctione utitur Basilius ut in canone 75; nec mirum si peccatum cum noverca gravius quam cum nuru, ob factam patri injuriam, judicavit.

[2849] i.e.probably only into the place of standers. Zonaras and Balsamon understand by polygamy a fourth marriage; trigamy being permitted (cf. Canon l. p. 240) though discouraged. The Ben. annotator dissents, pointing out that in Canon iv. Basil calls trigamy, polygamy, and quoting Gregory of Nazianzus (Orat. 31) as calling a third marriage paranomia . Maran confirms this opinion by the comparison of the imposition on polygamy of the same number of years of penance as are assigned to trigamy in Canon iv. "Theodore of Canterbury a.d. 687 imposes a penance of seven years on trigamists but pronounces the marriages valid (Penitential, lib. 1. c. xiv. S: 3). Nicephorus of Constantinople, a.d. 814, suspends trigamists for five years. (Hard. Concil. tom. iv. p. 1052.) Herard of Tours, a.d. 858 declares any greater number of wives than two to be unlawful (Cap cxi. ibid. tom.v. p. 557). Leo the Wise, Emperor of Constantinople, was allowed to marry three wives without public remonstrance, but was suspended from communion by the patriarch Nicholas when he married a fourth. This led to a council being held at Constantinople, a.d. 920, which finally settled the Greek discipline on the subject of third and fourth marriages. It ruled that the penalty for a fourth marriage was to be excommunication and exclusion from the church; for a third marriage, if a man were forty years old, suspension for five years, and admission to communion thereafter only on Easter day. If he were thirty years old, suspension for four years, and admission to communion thereafter only three times a year." Dict. Christ. Ant. ii. p. 1104.

[2850] The Ben. n. thinks that the Fathers of Ancyra are meant, whose authority seems to have been great in Cappadocia and the adjacent provinces.

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