Canon
XI.
It
is decreed that virgins who
have been betrothed, and who have afterwards been carried off by
others, shall be restored to those to whom they had formerly been
betrothed, even though they may have suffered violence from the
ravisher.
Notes.
Ancient Epitome of Canon XI.
If a young girl who is engaged be stolen away by force
by another man, let her be restored to the former.
Hefele.
This canon treats only of betrothed women (of the
sponsalia de futuro
) not of those who are married (of the
sponsalia de præsenti
). In the case of the latter
there could be no doubt as to the duty of restitution. The man
who was betrothed was, moreover, at liberty to receive his affianced
bride who had been carried off or not.
Johnson.
Here Balsamon puts in a very proper
cave
,
viz.: If he to whom she was espoused demand her to be his
wife.
Compare St. Basil’s twenty-second canon in his
letter to Amphilochius, where it is so ruled.