Nicene and Post-Nicene Fathers: Series II/Volume XIV/Additional Canons 2/Canons/Canon XLIV

Canon XLIV.

A 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.

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.

The monk will receive the same punishment whether he be a fornicator or has joined himself with a woman for the communion of marriage.

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.