Canon
XVI.
It
is not lawful for a virgin
who has dedicated herself to the Lord God, nor for monks, to marry; and
if they are found to have done this, let them be excommunicated.
But we decree that in every place the bishop shall have the power of
indulgence towards them.
Notes.
Ancient Epitome of Canon
XVI.
Monks or nuns shall not contract marriage, and if they
do so let them be excommunicated.
Van Espen.
Since this canon says nothing at all of separation in
connexion with a marriage made contrary to a vow, but only orders
separation from communion, it seems very likely that vows of this kind
at the time of the synod were not considered diriment but only
impedient impediments from which the bishop of the diocese could
dispense at least as far as the canonical punishment was concerned.
Hefele.
The last part of the canon gives the bishop authority in
certain circumstances not to inflict the excommunication which is
threatened in the first part, or again to remove it. Thus all the
old Latin translators understood our text; but Dionysius Exiguus and
the
Prisca
added
confitentibus
, meaning, “if such a
virgin or monk
confess and repent
their fault, then the bishop
may be kind to them.” That the marriage of a monk is
invalid, as was ruled by later ecclesiastical law, our canon does not
say; on the contrary, it assumes its validity, as also the marriages
contracted by priests until the beginning of the twelfth century were
regarded as valid.
This canon is found in the
Corpus Juris Canonici
,
Gratian’s
Decretum
, Pars II., Causa xxvii., Quæst.
I., canon xxii., from Isidore’s version; it is also found in
Dionysius’s version as canon xij. of the same Quæstio,
Causa, and Part, where it is said to be taken “ex Concilio
Triburiensi.”