CANON XII.

As many as were called by grace, and displayed the first zeal, having 

cast aside their military girdles, but afterwards returned, like dogs, to 

their own vomit, (so that some spent money and by means of gifts 

regained their military stations); let these, after they have passed the 

space of three years as hearers, be for ten years prostrators. But in all 

these cases it is necessary to examine well into their purpose and what 

their repentance appears to be like. For as many as give evidence of 

their conversions by deeds, and not pretence, with fear, and tears, and 

perseverance, and good works, when they have fulfilled their 

appointed time as hearers, may properly communicate in prayers; and 

after that the bishop may determine yet more favourably concerning 

them. But those who take [the matter] with indifference, and who 

think the form of [not] entering the Church is sufficient for their 

conversion, must fulfil the whole time.

NOTES.

ANCIENT EPITOME OF CANON XII.

Those who endured violence and were seen to have resisted, but who 

afterwards yielded go wickedness, and returned to the army, shall be 

excommunicated for ten years. But in every case the way in which 

they do their penance must be scrutinized. And if anyone who is doing 

penance shews himself zealous in its performance, the bishop shall 

treat him more lentently than had he been cold and indifferent.

LAMBERT.

The abuse of this power, namely, of granting under certain 

circumstances a relaxation in the penitential exercises enjoined by the 

canons--led, in later times, to the practice of commuting such 

exercises for money payments, etc.

In his last contests with Constantine, Licinius had made himself the 

representative of heathenism; so that the final issue of the war would 

not be the mere triumph of one of the two competitors, but the triumph 

or fall of Christianity or heathenism. Accordingly, a Christian who had 

in this war supported the cause of Licinius and of heathenism might be 

considered as a lapsus, even if he did not formally fall away. With 

much more reason might those Christians be treated as lapsi who, 

having conscientiously given up military service (this is meant by the 

soldier's belt), afterwards retracted their resolution, and went so far as 

to give money and presents for the sake of readmission, on account of 

the numerous advantages which military service then afforded. It must 

not be forgotten that Licinius, as Zonaras and Eusebius relate, required 

from his soldiers a formal apostasy; compelled them, for example, to 

take part in the heathen sacrifices which were held in the camps, and 

dismissed from his service those who would not apostatize.

BRIGHT.

This canon (which in the Prisca and the Isidorian version stands as 

part of canon ) deals, like it, with cases which had arisen under the 

Eastern reign of Licinius, who having resolved to "purge his army of 

all ardent Christians" (Mason, Persec. of Diocl. p. ), ordered his 

Christian officers to sacrifice to the gods on pain of being cashiered 

(compare Euseb. H. E. x. ; Vit. Con. i. ). It is to be observed here 

that military life as such was not deemed unchristian. The case of 

Cornelius was borne in mind. "We serve in your armies," says 

Tertullian, Apol.  (although later, as a Montanist, he took a rigorist 

and fanatical view, De Cor. ), and compare the fact which underlies 

the tale of the "Thundering Legion,"--the presence of Christians in the 

army of Marcus Aurelius. It was the heathenish adjuncts to their 

calling which often brought Christian soldiers to a stand (see Routh. 

Scr. Opusc. i. ), as when Marinus' succession to a centurionship 

was challenged on the ground that he could not sacrifice to the gods 

(Euseb. H. E. vii. ). Sometimes, indeed, individual Christians 

thought like Maximilian in the Martyrology, who absolutely refused to 

enlist, and on being told by the proconsul that there were Christian 

soldiers in the imperial service, answered, "Ipsi sciunt quod ipsis 

expediat" (Ruinart, Act. Sanc. p. ). But, says Bingham (Antiq. xi. 

, ), "the ancient canons did not condemn the military life as a 

vocation simply unlawful. ... I believe there is no instance of any man 

being refused baptism merely because he was a soldier, unless some 

unlawful circumstance, such as idolatry, or the like, made the vocation 

sinful." After the victory of Constantine in the West, the Council of 

Aries excommunicated those who in time of peace "threw away their 

arms" (can. ). In the case before us, some Christian officers had at 

first stood firm under the trial imposed on them by Licinius. They had 

been "called by grace" to an act of self-sacrifice (the phrase is one 

which St. Augustine might have used); and had shown "their 

eagerness at the outset" ("primum suum ardorem," Dionysius; Philo 

and Evarestus more laxly, "primordia bona;" compare 

 thn    agaphn    sou   

 thn    prwthn  , Rev. ii. ). Observe 

here how beautifully the ideas of grace and free will are harmonized. 

These men had responded to a Divine impulse: it might seem that they 

had committed themselves to a noble course: they had cast aside the 

"belts" which were their badge of office (compare the cases of 

Valentinian and Valens, Soc. iii. , and of Benevoins throwing down 

his belt at the feet of Justina, Soz. vii. ). They had done, in fact, just 

what Auxentius, one of Licinius' notaries, had done when, according 

to the graphic anecdote of Philostorgius (Fragm. ), his master bade 

him place a bunch of grapes before a statue of Bacchus in the palace-

court; but their zeal, unlike his, proved to be too impulsive--they 

reconsidered their position, and  illustrated the maxim that in morals second thoughts are not best 

(Butler, Serm. ), by making unworthy attempts--in some cases by 

bribery--to recover what they had worthily resigned. (Observe the 

Grecised Latinism  benefikiois   and compare the 

Latinisms of St. Mark, and others in Euseb. iii. , vi. , x. .) This 

the Council describes in proverbial language, probably borrowed from 

 Pet. ii. , but, it is needless to say, without intending to censure 

enlistment as such. They now desired to be received to penance: 

accordingly they were ordered to spend three years as Hearers, during 

which time "their purpose, and the nature ( eidos  ) of 

their repentance" were to be carefully "examined." Again we see the 

earnest resolution of the Council to make discipline a moral reality, 

and to prevent it from being turned into a formal routine; to secure, as 

Rufinus' abridgment expresses it, a repentance "fructuosam et 

attentam." If the penitents were found to have "manifested their 

conversion by deeds, and not in outward show 

( skhmati  ), by awe, and tears, and patience, and good 

works" (such, for instance, Zonaras comments, as almsgiving 

according to ability), "it would be then reasonable to admit them to a 

participation in the prayers," to the position of Consistentes, "with 

permission also to the bishop to come to a yet more indulgent 

resolution concerning them," by admitting them to full communion. 

This discretionary power of the bishop to dispense with part of a 

penance-time is recognized in the fifth canon of Ancyra and the 

sixteenth of Chalcedon, and mentioned by Basil, Epist. , c. . It 

was the basis of "indulgences "in their original form (Bingham, xviii. 

, ). But it was too possible that some at least of these "lapsi" might 

take the whole affair lightly, "with indifference" 

 adiakorws  -not seriously enough, as Hervetas renders-

-just as if, in common parlance, it did not signify: the fourth Ancyrene 

canon speaks of lapsi who partook of the idol-feast 

 adiakorws   as if it involved them in no sin (see below 

on  Eph. , Chalc. ). It was possible that they might "deem" the 

outward form of "entering the church" to stand in the narthex among 

the Hearers (here, as in c. , ,  skhma   denotes an 

external visible fact) sufficient to entitle them to the character of 

converted penitents, while their conduct out of church was utterly 

lacking in seriousness and self-humiliation. In that case there could be 

no question of shortening their penance, time, for they were not in a 

state to benefit by indulgence: it would be, as the Roman Presbyters 

wrote to Cyprian, and as he himself wrote to his own church, a "mere 

covering over of the wound" (Epist. , ), an "injury" rather than "a 

kindness" (De Lapsis, ); they must therefore "by all means" go 

through ten years as Kneelers, before they can become Consistentes.

There is great difficulty about the last phrase and Gelasius of Cyzicus, 

the Prisca, Dionysius Exiguus, the pseudo-Isidore, Zonaras and most 

others have considered the "not" an interpolation. I do not see how 

dropping the "not" makes the meaning materially clearer.