Letter CLIX.
To Nicætas, Bishop of
Aquileia.
(Leo, the bishop, to Nicætas, bishop of Aquileia,
greeting.)
I.
Prefatory
.
My son Adeodatus, deacon of our See, on returning to us
has delivered your request, beloved, to receive from us the authority
of the Apostolic See upon matters which seem indeed to be hard to
decide, but which we must make provision for with a view to the
necessities of the times that the wounds which have been inflicted by
the attacks of the enemy may be healed chiefly by the agency of
religion.
II.
About the women who married again
when their husbands were taken prisoners.
As then you say that through the disasters of war and
through the grievous inroads of the enemy families have in certain
cases been so broken up that the husbands have been carried off into
captivity and their wives remain forsaken, and these latter thinking
their own husbands either dead or never likely to be freed from their
masters, have contracted another marriage under stress of loneliness,
and as, now that the state of things has im
proved through the
Lord’s
help, some of those who were thought to have
perished have returned, you seem, dear brother, naturally to be in
doubt what ought to be settled by us about women thus joined to other
husbands. But because we know it is written that “a woman
is joined to a man by
God
591
,” and again, we are aware of
the precept that “what
God
hath joined,
man may not put asunder
592
,” we are
bound to hold that the compact of the lawful marriage must be renewed,
and after the removal of the evils inflicted by the enemy, what each
lawfully had must be restored to him; and we must take every pains that
each should recover what is his own.
III.
Whether he is blameable who has
taken the prisoner’s wife?
But notwithstanding let him not be held blameable and
treated as the invader of another’s right, who took the place of
the husband, who was thought no longer alive. For thus many
things which belonged to those led into captivity happened to pass into
the possession of others, and yet it is altogether fair that on their
return their property should be restored. And if this is duly
observed in the case of slaves or of lands, or even of houses and
personal goods, how much more ought it to be done in the restoration of
wives, that what has been disturbed by the necessities of war may be
restored by the remedy of peace?
IV.
The wife must be restored to her
first husband.
And, therefore, if husbands who have returned
after a long captivity still feel such affection for their wives as to
desire them to return to partnership
593
, that, which
necessity brought about, must be passed over and judged blameless and
the demands of fidelity satisfied.
V.
Women must be excommunicated who
refuse to return
.
And if any women are so possessed by love of their
later husbands as to prefer to remain with them than to return to their
lawful partners, they are deservedly to be branded: so that they
be even deprived of the Church’s communion; for in a pardonable
matter they have chosen to taint themselves with crime, showing that
they have sought their own pleasure in their incontinence, when a
rightful restitution could have obtained their forgiveness. Let
them return then to their former state and make voluntary reparation,
nor let that which a condition of necessity extorted from them be by
any means turned into disgrace through evil desires; because, as those
women who refuse to return to their husbands are to be held unholy, so
they who return to an affection entered on with
God’s
sanction are deservedly to be
praised.
VI.
About captives, who were compelled to
eat of sacrificial food.
Concerning those Christians who are asserted to have
been polluted with sacrificial food, while among those by whom they
were taken prisoners, we have thought it right to make this reply to
your enquiry, dear brother, that they be purged by a satisfactory
penitence which is to be measured not so much by the duration of the
process as by the intensity of the feeling. And whether their
compliance was wrung from them by terror or hunger, there need be no
hesitation at acquitting them, since the food was taken from fear or
want, not from superstitious reverence.
VII.
About those who in fear or by
mistake were re-baptized
.
But as to those about whom you thought, beloved, we
ought likewise to be consulted who were either forced by fear or led by
mistake to repeat their baptism, and now understand that they acted
contrary to the ordinances of the catholic Faith, such moderation must
be observed towards them that they be received into full communion with
us, but not without the healing of penitence and the imposition of the
bishop’s hands, the length of the penance (with due regard to
moderation) being left to your judgment, as you shall perceive the
minds of the penitents to be disposed: in which you must not
forget to consider old age, illness, and other risks. For if a
man be in so dangerous a case that his life is despaired of, while he
is still under penance, he should receive the gracious aid of communion
by the priest’s tender care.
VIII.
About baptism by
heretics.
For they who have received baptism from heretics,
not having been previously baptized, are to be confirmed by imposition
of hands with only the invocation of the Holy Ghost, because they have
received the bare form of baptism without the power of
sanctification
594
. And this
regulation, as you know, we
require to be kept in all the churches,
that the font once entered may not be defiled by repetition, as the
Lord
says, “One
Lord
, one faith, one baptism.” And that
washing may not be polluted by repetition, but, as we have said, only
the sanctification of the Holy Ghost invoked, that what no one can
receive from heretics may be obtained from catholic priests. This
letter of ours, which we have sent in reply to the inquiries of the
brotherhood you shall bring to the knowledge of all your brethren and
fellow-bishops of the province, that our authority, now that it is
given, may avail for the general observance. Dated 21st March, in
the consulship of Majorian Augustus (458).
592
Matt. xix. 6
.
591
Prov. xix. 14
. (LXX.).
593
There is little
doubt, I think, that the return of the wife was at the husband’s
option in Leo’s opinion, and could not be forced upon him.
594
Leo repeats this
injunction in Letter CLXVI. chap. 2. and Lett. CLXVII., inquiry
18. Quesnel identifies this ceremony with the right of
Confirmation, but the Ballerinii are probably right in thinking this a
mistake, and in identifying it with the
manuum impositio in
pœnitentiam
mentioned by Cyprian and other fathers. See
Lett. CLXVI. chap. 2, n. 5b.