Penitential Canons”
TEOLOGIA MŁODYCH 4, S. 10-18 CĂTĂLINA MITITELU Ovidius University of Constanta, Romania THE APPLICATION OF EPITIMIAS IN THE SEE OF CONFESSION ACCORDING TO THE „CANONICAL CUSTOM” AND THE „PENITENTIAL CANONS” I. THE CANONICAL CUSTOM, BASIS FOR THE APPLICATION OF THE OIKONOMIA In the sources of the orthodox canonical Law, we find out that the „συνήθεία” (canonical custom) was invoked as a source and basis even for the application of the Oikonomia. For example, Saint Basil the Great († 379) says that „(...) the true cure is to move away from sin; (...)” (Canon 3), and not the penance itself, be it even the defrocking1 of a cleric, but, in matters of criminal Canon Law, „we need to know both”, namely to apply both the „Acribia”, and the „canonical Custom”, which forsee the application of „Oikonomia”. Indeed, according to the apostolical and post-apostolical Tradition the Confessor has rather to apply the „Oikonomia” in order to obtain the healing of the sin committed by the penitent, and not „Acribia”. So, also in the case of the application of epitimias, the Confessor ought not only to be faithful to the observation and strict application of the canonical Legislation, namely of „τῆς ἀκριβείας” (the Acribia), but ought mainly to apply the principle of Oikonomia, which Saint Basil the Great identified with the principle affirmed by the custom (συνηθεία), namely by the old and continued practice in matters of penitential Discipline, a principle actually retained and affirmed also by the unwritten Law. But, exactly these „unwritten laws”, transmitted and preserved from generation to generation, had, both during the time of Saint Basil the Great and during that of the Fathers of the VIth Ecumenical (Trullan) Synod, „(...) the power of the written laws (...)”2.
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