Canon XLIV.
A
monk
convicted of fornication,
or who takes a wife for the communion of matrimony and for society, is
to be subjected to the penalties of fornicators, according to the
canons.
Notes.
Ancient Epitome of Canon
XLIV.
A monk joined in marriage or committing fornication
shall pay the penalty of a fornicator.
The punishment here seems too light, so that Balsamon
thinks that this canon only refers to such monks as freely confess
their sin and desist from it, remaining in their monasteries; and that
the sterner penalties assigned to unchaste religious by other synods
(notably Chalcedon, can. xvj., and Ancyra, can. xix.) are for such as
do not confess their faults but are after some time convicted of
them.
Aristenus.
The monk will receive the same punishment whether he be
a fornicator or has joined himself with a woman for the communion of
marriage.
Van Espen.
It is very likely from this canon that the Monastic vow
at the time of this Synod was not yet an
impedimentum dirimens
of matrimony, for nothing is said about the dissolution of the marriage
contracted by a monk although he had gravely sinned in violating his
faith pledged to God.