Canon III.
Concerning
those who fall into
many marriages, the appointed time of penance is well known; but their
manner of living and faith shortens the time.
Notes.
Ancient Epitome of Canon
III.
The time of polygamists is well known. A zeal for
penance may shorten it.
Hefele.
As the Greek commentators have remarked, this canon
speaks of those who have been married more than twice. It is not
known what were the ancient ordinances of penitence which the synod
here refers to. In later times digamists were condemned to one
year’s penance, and trigamists from two to five years. St.
Basil places the trigamists for three years among the
“hearers,” and then for some time among the
consistentes
.
Van Espen.
“The appointed time of penance is well
known.” These words Zonaras notes must refer to a custom,
for, says he, “before this synod no canon is found which
prescribes the duration of the penance of bigamists [i.e.
digamists].” It is for this reason that St. Basil says
(
in Epist. ad Amphilogium
, Can. 4) in speaking of the penance of
trigamists “we have received this by custom and not by canon, but
from the following of precedent,” hence the Fathers received many
things by tradition, and observed these as having the force of law.
From the last clause of this canon we see the mind of
the Fathers of this synod, which agrees with that of Ancyra and Nice,
that; with regard to the granting of indulgences, for in shortening the
time of penance, attention must be paid to the penitence, and
conversation, or “conversation and faith” of each one
separately.
With this agrees Zonaras, whose remarks are worthy of
consideration. On this whole subject of the commutation of the
primitive penance and of the rise of the modern indulgences of the
Roman Church Van Espen has written at length in his excursus
De
Indulgentiis
(
Jure Eccles.
, P. I. i., Tit. vij.) in which he
assigns the change to the end of the
XI
th
century, and remarks that its introduction
caused the “no small collapse of penitential
discipline.”
124
This canon is found in the
Corpus Juris Canonici
,
Gratian,
Decretum
, Pars II., Causa xxxi., Quæst. i., c.
viij. where for “conversio,” (
ἀναστροφὴ
)
is read “conversatio,” and the Greek word is used in this
sense in Polybius, and frequently so in the New Testament.
124
The reader is referred
also to Amort,
De Origine, progressu, valore ac fructu
Indulgentiarum
, and to the article “Ablass” in the
Kirchen Lexicon
of Wetzer and Welte. Also for the English
reader to T. L. Green, D.D.,
Indulgences, Absolutions, and Tax
tables, etc
. Some of the difficulties which Roman theologians
experience in explaining what are called “Plenary
Indulgences” are set forth by Dr. Littledale in his
Plain
Reasons against joining the Church of Rome
, in which the matter is
discussed in the usual witty, and unscrupulous fashion of that
brilliant writer. But while this remark is just, it should also
be remarked that after the exaggeration is removed there yet remains a
difficulty of the most serious character.