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Translated by Bl. Jackson.
This Part: 128 Pages
Page 82
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]
[2642] The Ben. note refers to the case of Dracontius, who had sworn that he would escape if he were ordained bishop, and so did; but was urged by Athanasius to discharge the duties of his diocese, notwithstanding his oath.
[2643] On this obscure passage the Ben. note is: Longinus presbyter erat in agro Mestiae subjecto. Sed cum is depositus essit ob aliquod delictum, ac forte honorem sacerdotii retineret, ut nonnumquam fiebat, Severus episcopus in ejus locum transtulit Cyriacum, quem antea Mindanis ordinaverat, ac jurare coegerat se Mindanis mansurum. Nihil hac in re statui posse videbatur, quod non in magnam aliquam diffcultatem incurreret. Nam si in agro Mestiae subjecto Cyriacus remaneret, perjurii culpam sustinebat. Si rediret Mindana, ager Mestiae subjectus presbytero carebat, atque hujus incommodi culpa redundabat in caput Longini, qui ob delictum depositus fuerat. Quid igitur Basilius? Utrique occurrit incommodo; jubet agrum, qui Mastiae subjectus erat Vasodis subjici, id est loco, cui subjecta erant Mindana. Hoc ex remedio duo consequebatur Basilius, ut et ager ille presbytero non careret, et Cyriacus ibi remanens Mindana tamen redire censeretur, cum jam hic locus eidem ac Mindana chorepiscopo pareret.
[2644] Exod. xxi. 19.
[2645] Ap. Can. xiii. 14: "It is clear from the Philosophumena of Hippolytus (ix. 12) that by the beginning of the 3d century the rule of monogamy for the clergy was well established, since he complains that in the days of Callistus digamist and trigamist bishops, and priests and deacons, began to be admitted into the clergy.' Tertullian recognises the rule as to the clergy. Thus in his De Exhortatione Castitatis (c. 7) he asks scornfully; Being a digamist, dost thou baptize? Dost thou make the offering?'" Dict. C. A. i. 552. Vide also Canon Bright, Notes on the Canons of the first four General Councils. On Can. Nic. viii. p. 27.
[2646] The Ben. note quotes Balsamon, Zonaras, and Alexius Aristenus as remarking on this that Basil gives advice, not direction, and regards the hands, not the hearts, of soldiers as defiled; and as recalling that this canon was quoted in opposition to the Emperor Phocas when he wished to reckon soldiers as martyrs. The canon was little regarded, as being contrary to general Christian sentiment. cf. Athan. Ep. xlviii. p. 557 of this edition: "In war it is lawful and praiseworthy to destroy the enemy; accordingly not only are they who have distinguished themselves in the field held worthy of great honours, but monuments are put up proclaiming their achievements."
Reference address : https://www.elpenor.org/basil/letters-2.asp?pg=82