Canon XCVIII.
He
who brings to the intercourse
of marriage a woman who is betrothed to another man who is still alive,
is to lie under the charge of adultery.
Notes.
Ancient Epitome of Canon
XCVIII.
He is an adulterer who takes one espoused to some one
else.
Aristenus’s commentary on this canon is
Σαφής
. A more
extraordinary estimate of it could hardly be made. So far from
the meaning being “perspicuous,” as the Latin translation
has it, the meaning seems to be past finding out; for, as Van Espen
remarks, a man who sins with a betrothed woman is certainly not an
“adulterer.” He tries therefore to introduce the idea
that though he is not an adulterer, yet he is to be punished as if he
were. But the Greek hardly seems patient of this meaning, and the
Ancient Epitome says in so many words that he is an adulterer.
On account of this difficulty some have supposed that
the espousals here mentioned were not
de futuro
but
de
prœsenti
, and that therefore it was the case of stealing a
real wife of another man. But this explanation also is involved
in many difficulties.