135

of custom, but in the case of those who do not accept the rigor, to follow the traditional rule. 188.4 Concerning those who have married a third time and those who have married many times, they have defined the same canon as for those who have married a second time, proportionally; for on those who have married a second time, a year, but others two years. But those who have married a third time they excommunicate for three, and often four years. They call such a thing no longer marriage, but polygamy, or rather, mitigated fornication. Wherefore also the Lord to the Samaritan woman who had had five husbands: "He whom thou now hast," He says, "is not thy husband," as those who have exceeded the measure of a second marriage are no longer worthy to be called by the name of husband or wife. But we have found a custom for those who have married a third time of a five-year excommunication, not from the canons, but from the practice of our predecessors. But it is necessary not to exclude them entirely from the Church, but to deem them worthy of hearing for perhaps two or three years, and after this to permit them to stand with the faithful, but to abstain from the communion of the good, and thus having shown some fruit of repentance, to restore them to the place of communion. 188.5 But it is necessary to receive those of the heretics who repent at the point of death, but to receive them, clearly, not without examination, but by testing if they show true repentance and if they have fruits that bear witness to their zeal for being saved. 188.6 The fornications of those in the canon are not to be counted as marriage, but their union is to be dissolved by every means. For this is advantageous for the security of the Church and will not give heretics a handle against us, as if we attract people to ourselves through the license to sin, 188.7 Sodomites and bestialists and murderers and sorcerers and adulterers and idolaters have been deemed worthy of the same condemnation. Therefore, whatever rule you have for the others, keep it also for these. But as for those who have repented for thirty years for the impurity which they committed in ignorance, it is not fitting for us to doubt whether to receive them. For their ignorance makes them worthy of pardon, and the voluntariness of their confession, and the long period of time that has passed. For they were handed over to Satan for almost a whole human generation, that they might be taught not to behave indecently. Therefore, command that they be received now without delay, especially if they have tears that move your compassion and show a life worthy of sympathy. 188.8 He who uses an axe in a fit of anger against his own wife is a murderer. But you have reminded me well and worthily of your own intelligence to speak of these things more broadly, because there are many differences between voluntary and involuntary acts. For it is entirely involuntary and far from the intention of the one who began it, for someone who threw a stone at a dog or a tree to hit a person. For the impulse was to fend off the beast or to knock down the fruit, but the one who happened to be passing by automatically fell under the blow, so that such a thing is involuntary. It is involuntary, however, also if someone, wishing to correct another, should strike him with a strap or a light rod, and the one being struck should die. For the intention is considered here, that he wished to improve the sinner, not to kill him. Among involuntary acts is also this: when defending oneself against someone in a fight, with a stick or with the hand, to inflict a blow unsparingly on a vital part, so as to injure him, but not so as to kill him completely. But this already approaches the voluntary. For he who has used such an instrument for defense or who has inflicted the blow without restraint is clearly, because he is overcome by passion, unsparing of the person. Likewise, he who has used a heavy stick or a stone greater than a man's strength is numbered among involuntary killers, having intended one thing, but having done another. For under the influence of anger he inflicted such a blow as to kill the one struck; and yet his aim was perhaps to injure, but not to kill outright. However, he who has used a sword or anything of that sort has no excuse, and especially he who has thrown an axe. For he does not appear to have struck with his hand, so that the measure of the blow would be in his power, but he threw it,

135

συνηθείας, ἕπεσθαι δὲ ἐπὶ τῶν μὴ καταδεξαμένων τὴν ἀκρότητα τῷ παραδοθέντι τύπῳ. 188.4 Περὶ τριγάμων καὶ πολυγάμων τὸν αὐτὸν ὥρισαν κανόνα ὃν καὶ ἐπὶ τῶν διγάμων ἀναλόγως· ἐνιαυτὸν μὲν γὰρ ἐπὶ τῶν διγάμων, ἄλλοι δὲ δύο ἔτη. Τοὺς δὲ τριγάμους ἐν τρισί, καὶ τετράσι πολλάκις ἔτεσιν ἀφορίζουσιν. Ὀνο μάζουσι δὲ τὸ τοιοῦτον οὐκ ἔτι γάμον, ἀλλὰ πολυγαμίαν, μᾶλλον δὲ πορνείαν κεκολασμένην. ∆ιὸ καὶ ὁ Κύριος τῇ Σαμαρείτιδι πέντε ἄνδρας διαμειψάσῃ· «Ὃν νῦν, φησίν, ἔχεις οὐκ ἔστι σου ἀνήρ», ὡς οὐκέτι ἀξίων ὄντων τῶν ὑπερεκπεσόντων τοῦ μέτρου τῆς διγαμίας τῷ τοῦ ἀνδρὸς ἢ τῆς γυναικὸς καλεῖσθαι προσρήματι. Συνήθειαν δὲ κατε λάβομεν ἐπὶ τῶν τριγάμων πενταετίας ἀφορισμόν, οὐκ ἀπὸ κανόνων, ἀλλ' ἀπὸ τῆς τῶν προειληφότων ἀκολουθίας. ∆εῖ δὲ μὴ πάντη αὐτοὺς ἀπείργειν τῆς Ἐκκλησίας, ἀλλ' ἀκροάσεως αὐτοὺς ἀξιοῦν ἐν δύο που ἔτεσιν ἢ τρισί, καὶ μετὰ ταῦτα ἐπιτρέπειν συστήκειν μέν, τῆς δὲ κοινωνίας τοῦ ἀγαθοῦ ἀπέχεσθαι, καὶ οὕτως ἐπιδειξαμένους καρπόν τινα μετανοίας ἀποκαθιστᾶν τῷ τόπῳ τῆς κοινωνίας. 188.5 Τοὺς δὲ ἐπὶ ἐξόδῳ μετανοοῦντας τῶν αἱρετικῶν δέχεσθαι χρή, δέχεσθαι δὲ δηλονότι οὐκ ἀκρίτως, ἀλλὰ δοκιμάζοντας εἰ ἀληθινὴν ἐπιδείκνυνται τὴν μετάνοιαν καὶ εἰ τοὺς καρποὺς ἔχουσι μαρτυροῦντας τῇ πρὸς τὸ σωθῆναι σπουδῇ. 188.6 Τῶν κανονικῶν τὰς πορνείας εἰς γάμον μὴ καταλο γίζεσθαι, ἀλλὰ παντὶ τρόπῳ διασπᾶν αὐτῶν τὴν συνάφειαν. Τοῦτο γὰρ καὶ τῇ Ἐκκλησίᾳ πρὸς ἀσφάλειαν λυσιτελὲς καὶ τοῖς αἱρετικοῖς οὐ δώσει καθ' ἡμῶν λαβὴν ὡς διὰ τὴν τοῦ ἁμαρτάνειν ἄδειαν ἐπισπωμένων πρὸς ἑαυτούς, 188.7 Ἀρρενοφθόροι καὶ ζωοφθόροι καὶ φονεῖς καὶ φαρ μακοὶ καὶ μοιχοὶ καὶ εἰδωλολάτραι τῆς αὐτῆς καταδίκης εἰσὶν ἠξιωμένοι. Ὥστε ὃν ἔχεις ἐπὶ τῶν ἄλλων τύπον, καὶ ἐπὶ τούτων φύλαξον. Τοὺς δὲ ἐν τριάκοντα ἔτεσι μετα νοήσαντας ἐπὶ τῇ ἀκαθαρσίᾳ ἣν ἐν ἀγνοίᾳ ἔπραξαν, οὐδ' ἀμφιβάλλειν ἡμᾶς προσῆκεν εἰς τὸ παραδέξασθαι. Ἥ τε γὰρ ἄγνοια συγγνώμης αὐτοὺς ἀξίους ποιεῖ καὶ τὸ ἑκούσιον τῆς ἐξαγορεύσεως καὶ ἡ παράτασις ἐν τοσούτῳ χρόνῳ γενομένη. Σχεδὸν γὰρ ὅλην γενεὰν ἀνθρώπου παρεδόθησαν τῷ Σατανᾷ, ἵνα παιδευθῶσι μὴ ἀσχημονεῖν. Ὥστε κέλευσον αὐτοὺς ἤδη ἀνυπερθέτως δεχθῆναι, μάλιστα εἰ καὶ δάκρυα ἔχουσι δυσωποῦντά σου τὴν εὐσπλαγχνίαν καὶ βίον ἐπιδείκνυνται ἄξιον συμπαθείας. 188.8 Ὁ ἀξίνῃ παρὰ τὸν θυμὸν κατὰ τῆς ἑαυτοῦ γαμετῆς χρησάμενος φονεύς ἐστι. Καλῶς δέ με ὑπέμνησας καὶ ἀξίως τῆς σεαυτοῦ συνέσεως εἰπεῖν περὶ τούτων πλατύ τερον, διότι πολλαὶ ἐν τοῖς ἑκουσίοις καὶ ἀκουσίοις διαφο ραί. Ἀκούσιον μὲν γάρ ἐστι παντελῶς καὶ πόρρω τοῦ κατάρ ξαντος τὸ ἀκοντίσαντα λίθον ἐπὶ κύνα ἢ δένδρον ἀνθρώπου τυχεῖν. Ἡ μὲν γὰρ ὁρμὴ ἦν τὸ θηρίον ἀμύνασθαι ἢ τὸν καρπὸν κατασεῖσαι, ὑπέβη δὲ αὐτομάτως τῇ πληγῇ κατὰ πάροδον ὁ παραπεσών, ὥστε τὸ τοιοῦτον ἀκούσιον. Ἀκούσιον μέντοι καὶ εἴ τις βουλόμενος ἐπιστρέψαι τινὰ ἱμάντι ἢ ῥάβδῳ μὴ σκληρᾷ τύπτοι, ἀποθάνῃ δὲ ὁ τυπτό μενος. Ἡ γὰρ πρόθεσις ἐνταῦθα σκοπεῖται, ὅτι βελτιῶσαι ἠβούλετο τὸν ἁμαρτάνοντα, οὐκ ἀνελεῖν. Ἐν τοῖς ἀκου σίοις ἐστὶ κἀκεῖνο τὸ ἀμυνόμενόν τινα ἐν μάχῃ, ξύλῳ ἢ χειρί, ἀφειδῶς ἐπὶ τὰ καίρια τὴν πληγὴν ἐνεγκεῖν, ὥστε κακῶσαι αὐτόν, οὐχ ὥστε παντελῶς ἀνελεῖν. Ἀλλὰ τοῦτο ἤδη προσεγγίζει τῷ ἑκουσίῳ. Ὁ γὰρ τοσούτῳ χρησάμενος ὀργάνῳ πρὸς ἄμυναν ἢ ὁ μὴ πεφεισμένως τὴν πληγὴν ἐπαγαγὼν δῆλός ἐστι διὰ τὸ κεκρατῆσθαι ὑπὸ τοῦ πάθους ἀφειδῶν τοῦ ἀνθρώπου. Ὁμοίως καὶ ὁ ξύλῳ βαρεῖ καὶ ὁ λίθῳ μείζονι τῆς δυνάμεως τῆς ἀνθρωπίνης χρησάμενος τοῖς ἀκουσίοις ἐναριθμεῖται, ἄλλο μέν τι προελόμενος, ἄλλο δέ τι ποιήσας. Ὑπὸ γὰρ τοῦ θυμοῦ τοιαύτην ἤνεγκε τὴν πληγὴν ὥστε ἀνελεῖν τὸν πληγέντα· καίτοι ἡ σπουδὴ ἦν αὐτῷ συντρίψαι τυχόν, οὐχὶ δὲ καὶ παντελῶς θανα τῶσαι. Ὁ μέντοι ξίφει χρησάμενος ἢ ᾡτινιοῦν τοιούτῳ οὐδεμίαν ἔχει παραίτησιν, καὶ μάλιστα ὁ τὴν ἀξίνην ἀκοντίσας. Καὶ γὰρ οὐδὲ ἀπὸ χειρὸς φαίνεται πλήξας, ὥστε τὸ μέτρον τῆς πληγῆς ἐπ' αὐτῷ εἶναι, ἀλλ' ἠκόντισεν,