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TOPIC: Post-Nicene Fathers Vol 14 (Other Topics in this Collection)
SUBJECT: 34.09.05 Ancient Introduction Pt II
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Ancient Epitome of Canon XLVII.
When those in infancy baptized by Donatists are converted, this shall be no impediment to them. And the Holy Mysteries, as is right, are to be celebrated only by them fasting.
This canon is made from Canon xxxvij. of the Synod of Hippo, a.d. 393, and from Canon j. of the Synod of Carthage of August 28th, a.d. 397.
Johnson.
See Can. 41.
The pretence that the Donatists had for making a schism was, that Caecilian, Bishop of Carthage, had, in the time of persecution, been a Traditor, i.e., given up the Bible to the heathen inquisitors; this was denied by the Orthodox, who charged them with the same crime in effect, viz. of being too favourable to the Traditors, and those that had lapsed. They likewise are charged with Arianism.
I have omitted what is here mentioned concerning the Council of Nice; because I do not find that any one has been able to penetrate into the meaning of the Fathers as to that particular.
Canon XLVIII.
(Greek lii.) Of rebaptisms, reordinations, and translations of bishops.
But we suggest that we decree what was set forth by the wisdom of the plenary synod at Capua, that no rebaptisings, nor reordinations should take place, and that bishops should not be translated. For Cresconius, bishop of Villa Regis, left his own people and invaded the Church of Tubinia and having been admonished down to this very day, to leave, according to the decree, the diocese he had invaded, he treated the admonition with disdain. We have heard that the sentence pronounced against him has been confirmed; but we seek, according to our decree, that ye deign to grant that being driven thereto by necessity, it be free to us to address the rector of the province against him, according to the statutes of the most glorious princes, so that whoever is not willing to acquiesce in the mild admonition of your holiness and to amend his lawlessness, shall be immediately cast out by judicial authority. Aurelius the bishop said: By the observance of the constituted form, let him not be judged to be a member of (be synod, if he has been asked by you, dear brethren, to depart and has refused: for out of his own contempt and contumacy he has fallen to the power of the secular magistrate.hyperlink Honoratus and Urban the bishops said: This pleases us all, does it not? And all the bishops answered: It is just, it pleases us.
Let there be no rebaptisms, nor reordinations nor translations of bishops. Therefore let Cresconius be forbidden by judicial authority, for he has left his own people, and has taken possession of the diocese of Ceneum, although ecclesiastically admonished that he was not to change.
This canon is Canon j., of the Synod of Carthage of August 28th. a.d. 397. The acts of this synod were first accurately edited by the Ballerini (in their edition of the works of St. Leo) and were printed by Mansi, in an amended form, in his Concilia.
Canon XLIX.
(Greek liii.) How many bishops there should be to ordain a bishop.
Honoratus and Urban, the bishops, said: We have issued this command, that (because lately two of our brethren, bishops of Numidia, presumed to ordain a pontiff,) only by the concurrence of twelve bishops the ordination of bishops be celebrated. Aurelius, the bishop, said: The ancient form shall be preserved, that not less than three suffice who shall have been designated for ordaining the bishop. Moreover, because in Tripoli, and in Arzug the barbarians are so near, for it is asserted that in Tripoli there are but five bishops, and out of that number two may be occupied by some necessity; but it is difficult that all of the number should come together at any place whatever; ought this circumstance to be an impediment to the doing of what is of utility to the Church? For in this Church, to which your holiness has deigned to assemblehyperlink we frequently have ordinations and nearly every Lord's day; could I frequently summon twelve, or ten, or about that number of bishops? But it is an easy thing for me to join a couple of neighbours to my littleness. Wherefore your charity will agree with me that this cannot be observed.
Fewer than three bishops do not suffice for the ordination of a bishop.
This is Canon ij., of the Synod of Carthage, August 28th, 397.
Johnson.
See Can. 13.
The occasion of this canon was a complaint that two bishops in Numidia had presumed to ordain a third; upon which it was proposed that not less than twelve should perform this office: But Aurelius, Bishop of Carthage, desires that the old form might be observed, and three bishops be sufficient; especially, because in Tripoli, where there were but five bishops in all, it would be hard to get more than three together. And he adds, that though it were no hard matter for him to get two bishops to assist him in his ordinations at Carthage, yet it would not be practicable for him to get twelve: "For," says he, "we have frequently, and almost every Sunday, men to be ordained." He must mean bishops for otherwise it had been nothing to his purpose, because he could ordain priests or deacons by himself, without the assistance of other bishops: and yet it is very strange, that ordinations of bishops should be so frequent as to bear that expression of "almost every Sunday." There were indeed above one hundred bishoprics in his Province; but these could not occasion above six or eight ordinations in a year; but it is probable that the privilege belonging to him, Can. 55, brought very many ordinations to the church of Carthage; for it is evident, there was a great scarcity of men fit for the Episcopal office in Africa. It is further evident from this canon, that bishops were not ordained in the church of their own see, but in that of the Primate. See Can. Ant., 19.
Canon L.
(Greek liv.)
How many bishops should be added to the number of those ordaining, if any opposition had been made to the one to be ordained.
But this should be decreed, that when we shall have met together to choose a bishop, if any opposition shall arise, because such things have been treated by us, the three shall not presume to purgehyperlink him who was to be ordained, but one or two more shall be asked to be added to the aforesaid number, and the persons of those objecting shall first be discussed in the same place (plebe) for which he was to be ordained. And last of all the objections shall be considered; and only after he has been cleared in the public sight shall he at last be ordained. If this agrees with the mind of your holiness, let it be confirmed by the answer of your worthiness.All the bishops said, We are well pleased.
If any controversy arise concerning a bishop who has been elected by three bishops, let two others be coopted, and so let there be an examination made of his affairs; and if it shall appear that he is pure, let him be ordained.
This canon is Canon iij., of the Synod of Carthage, Aug. 28th, 397.
Johnson.
Here the bishops meet to choose a new one, and it is evident by the foregoing canon, that they met not in the vacant church, but in that of the Primate; and that therefore not the people, but the bishops had the chief share in the election. The people might make their objections, which supposes they knew who their intended bishop was; but the bishops were the judges of the cause. And it seems probable, that if there were any dispute, some of the bishops went to the vacant church to hear the allegations against the person that was elected, or proposed.
Canon LI.
(Greek lv.)
That the date of Easter is to be announced by the Church of Carthage.
Honoratus and Urban, the bishops, said: Since all things treated by our commonitory are known,hyperlink we add also what has been ordered concerning the day of Easter, that we be informed of the date always by the Church of Carthage, as has been accustomed and that no short time before. Aurelius, the bishop, said: If it seems good to your holiness, since we remember that we pledged ourselves sometime ago that every year we would come together for discussion, when we assemble, then let the date of the holy Easter be announced through the legates present at the Council. Honoratus and Urban, the bishops, said: Now we seek of the present assembly that ye deign to inform our province of that day by letters. Aurelius, the bishop, said:It is necessary it should be so.
Let the day on which Easter is to be kept be announced by the Church of Carthage in the annual synod.
This canon is the first part of Canon iv. of the Synod of Carthage, August 28th, 397.
Johnson.
The synod met in August. See Can. 73.
Canon LII.
(Greek lvi.) Of visiting provinces.
Honoratus and Urban, the bishops, said: This was commanded to us in word, that because it had been decreed in the Council of Hippo that each province should be visited in the time of the council, that ye also deign that this year or next, according to the order ye have drawn up, you should visit the province of Mauritania.
Aurelius, the bishop, said: Of the province of Mauritania because it is situated in the confines of Africa, we have made no decree, for they are neighbours of the barbarians; but God grant (not however that I make any rash promise of doing so), we may be able to come to your province. For ye should consider, brethren, that this same thing our brethren of Tripoli and of the Arzuges regionhyperlink could demand also, if occasion offered
As the Synod at Hippo decreed, every province should be visited in an annual Synod.
This canon is the last part of canon iv of the Council of Carthage, August 28th, a.d. 397.
Johnson.
The manner of visiting provinces, and that annually; and the persons by whom this visitation was performed, can scarce now be discovered; only it appears, by the words of Aurelius, that the Bishop of Carthage was one, if not the only visitor; but it was impossible that he could visit all the provinces in Africa personally every year, he must use delegates.
Canon LIII.
(Greek lvii.) That dioceses should not receive a bishop except by the consent of its own bishop.
Epigonius, the bishop, said: In many councils it has been decreed by the sacerdotal assembly that such communities as are contained in other dioceses and ruled by their bishops, and which never had any bishops of their own, should not receive rulers, that is bishops, for themselves except with the consent of the bishop under whose jurisdiction they have been. But because some who have attained a certain domination abhor the communion of the brethren, or at least, having become depraved, claim for themselves domination with what is really tyranny, for the most part tumid and stolid presbyters, who lift up their heads against their own bishops or else win the people to themselves by feasting them or by malignant persuasion, that they may by unlawful favour wish to place themselves as rulers over them; we indeed hold fast that glorious desire of your mind, most pious brother Aurelius, for thou hast often opposed these things, paying no heed to such petitioners; but on account of their evil thoughts and basely conceived designs this I say, that such a community, which has always been subject in a diocese, ought not to receive a rector, nor should it ever have a bishop of its own. Therefore if this which I have proposed seems good to the whole most holy council, let it be confirmed.
Aurelius, the bishop, said: I am not in opposition to the proposition of our brother and fellow bishop: but I confess that this has been and shall be my practice concerning those who were truly of one mind, not only with regard to the Church of Carthage, but concerning every sacerdotal assemblage. For there are many who, as has been said, conspire with the people whom they deceive, tickling their ears and blandly seducing them, men of vicious lives, or at least puffed up and separated from this meeting, who think to watch over their own people, and never come to our council for fear that their wickedness should be discussed. I say, if it seems good, that not only should these not keep their dioceses, but that every effort should be made to have them expelled by public authority from that church of theirs which has evilly favoured them, and that they be removed even from the chief sees. For it is right that he who cleaves to all the brethren and the whole council, should possess with full right not only his church but also the dioceses. But they who think that the people suffice them and spurn the love of the brethren, shall not only, lose their dioceses, but (as I have said,) they shall be deprived by public authority of their own cures as rebels. Honoratus and Urban, the bishops, said: The lofty provision of your holiness obtains the adherence of the minds of all of us, and I think that by the answer of all what you have deigned to propose will be confirmed. All the bishops said: Placet, placet.
Whoso shall neglect his call to a synod, and shall despise the charity of his brethren, putting his trust in the multitude who are with him, let him be deprived of them by the imperial authority.
This canon is Canon v. of the Synod of Carthage of August 28th, a.d. 397, beginning with the second clause.
Johnson.
It is very evident that a diocese here signifies some town or village lying remote from the Bishop's City, but belonging to his jurisdiction; and is to be understood to be a place distinct from the bishop's church or cathedral.
See also Can. 56 and Decr. Anast., 6.
Canon LIV.
(Greek lviii.) That a strange cleric is under no circumstances to be received by another.
Epigonius, the bishop, said: This has been decreed in many councils, also just now it has been confirmed by your prudence, most blessed brethren, that no bishop should receive a strange cleric into his diocese without the consent of the bishop to whose jurisdiction the cleric belongs. But I say that Julian, who is ungrateful for the layouts bestowed upon him by God through my littleness, is so rash and audacious, that a certain man who was baptized by me, when he was a most needy boy, commended to me by the same, and when for many years he had been fed and reared by me, it is certain that this one, as I have said, was baptized in my church, by my own unworthy hands; this same man began to exercise the office of reader in the Mappalien diocese, and read there for nearly two years, with a most incomprehensible contempt of my littleness, the aforenamed Julian took this man, whom he declared to be a citizen of his own city Vazarita, and without consulting me ordained him deacon. If, most blessed brethren, that is permissible, let it be declared to us; but if not, let such an impudent one be restrained that he may in no way mix himself in someone's communion.
Numidius, the bishop, said: If, as it seems, Julian did this without your worthiness being asked for his consent, nor even consulted, we all judge that this was done iniquitously and unworthily. Wherefore unless Julian shall correct his error, and shall return the cleric to your people with proper satisfaction, since what he did was contrary to the decrees of the council, let him be condemned and separated from us on account of his contumacy. Epigonius, the bishop, said: Our father in age, and most ancient by his promotion, that laudable man, our brother and colleague Victor wishes that this petition should be made general to all.
Since Julian has ordained a reader of Epigonius's to the diaconate, unless he shall shew authority received from him to do so, he shall increase the penalty of his contumacy.
This canon is Canon vj. of the Synod of Carthage, August 28th, a.d. 397.
Johnson.
See Canon of the Apostles, 12 (15, 16), and Chalcedon, 10.
Canon LV.
(Greek lix.)
That it be lawful for the bishop of Carthage to ordain a cleric whenever he wishes.
Aurelius, the bishop, said: My brethren, pray allow me to speak. It often happens that ecclesiastics who are in need seek deacons [proepositis in the Latin], or presbyters or bishops from me: and I, bearing in mind what things have been ordained these I observe, to wit, I summon the bishop of the cleric who is sought for, and I shew him the state of affairs, how that they of a certain church ask for a certain one of his clergy. Perchance then they make no objection, but lest it happen that afterwards they might object when in this case they shall have been demanded (postulati) by me, who (as you know) have the care of many churches and of the ordinands. It is fight therefore that I should summon a fellow bishop with two or three witnesses from our number. But if he be found indevotus [akaqosiwtoj], what does your charity think should be done? For I, as ye know, brethren, by the condescension of God have the care of all the churches.
Numidius, the bishop, said:hyperlink This see always had the power of ordaining a bishop according to the desire of each Church as he wills and on whose name there was agreement (fuisset conventus). Epigonius, the bishop, said: Your good nature makes small use of your powers, for you make much less use of them than you might, since, my brother, you are good and gentle to all; for you have the power, but it is far from your practice to satisfy the person of each bishop in prima tantummodo conventione. But if it should be thought that the rights of this see ought to be vindicated, you have the duty of supporting all the churches, wherefore we do not give thee power, but we confirm that power thou hast, viz.: that thou hast the right at thy will always to choose whom thou wilt, to constitutehyperlink prelates over peoples and churches who shall have asked thee to do so, and when thou so desirest. Posthumianus, the bishop, said: Would it be right that he who had only one presbyter should have that one taken away from him? Aurelius, the bishop, said: But there may be one bishop by whom many presbyters can be made through the divine goodness, but one fit to be made bishop is found with difficulty. Wherefore if any bishop has a presbyter necessary for the episcopate and has one only, my brother, as you have said, even that one he ought to give up for promotion. Posthumianus, the bishop, said: If some other bishop has plenty of clergy, should that other diocese come to my help? Aurelius, the bishop, said: Of course, when you have come to the help of another Church, he who has many clerics should be persuaded to make one over to you for ordination.
It is lawful for the bishop of Carthage, whenever he wills, to choose those who are to be set over the churches: even if there were only one presbyter worth of rule. For one bishop can ordain many presbyters, but one fit for the episcopate is hard to find.
This canon is the first half of Canon vij. of the Council of Carthage held August 28th a.d. 397.
Johnson.
It is evident, that this privilege of the Bishop of Carthage extended to the whole African diocese or the six provinces of Africa, which contained near five hundred bishoprics. This was what caused such frequent ordinations of bishops in the Church of Carthage (See Can. Afr. 49, and the Note) And it is further apparent, that the Bishop of Carthage had some power over the whole African church, and was probably their visitor (See Can. 52). But that he had the sole power of ordaining bishops for every church, with the assistance of any two bishops, does not appear, though Justellus is of this opinion; nay, the 49th canon proves that he had it not.
Canon LVI.
(Greek lx.)
That bishops who were ordained for dioceses shall not choose for themselves dioceses [in the Greek provinces].
Honoratus and Urban, the bishops, said: We have heard that it has been decreed that dioceses should not be deemed fit to receive bishops, unless with the consent of their founder: but in our province since some have been ordained bishops in the diocese, by the consent of that bishop by whose power they were established, have even seized dioceses for themselves, this should be corrected by the judgment of your charity, and prohibited for the future. Epigonius, the bishop, said: To every bishop should be reserved what is right, so that from the mass of dioceses no part should be snatched away, so as to have its own bishop, without consent from the proper authority. For it shall suffice, if the consent be given, that the diocese thus set apart have its own bishop only, and let himhyperlink not seize other dioceses, for only the one cut off from the many merited the honour of receiving a bishop. Aurelius, the bishop, said: I do not doubt that it is pleasing to the charity of you all, that he who was ordained for a diocese by the consent of the bishop who held the mother see, should retain only the people for whom he was ordained. Since therefore I think that everything has been treated of, if all things are agreeable to your mind, pray confirm them all by your suffrage. All the bishops said: We all are well pleased, and we have confirmed them with our subscription. And they signed their names.
I, Aurelius, bishop of the Church of Carthage, have consented to this decree, and have subscribed what has been read.So too did all the other bishops in like fashion sign.
If any diocese has received consent to have a bishop of its own from him who has the right, that one shall not invade the rest of the dioceses.
This is the last part of Canon vij. of the Synod of Carthage, August 28, a.d. 397.
Johnson.
It had scarce been worth while to give so much of this canon in English if I had not thought it proper, in order to confirm the sense of the word diocese, mentioned in note on Can. 53, viz., a town or village, where there is a church subject to the bishop of the city.
Between this canon and the following, there is a reference to a former council at Carthage forbidding bishops to sail, without a formal letter from the Primate; and this said to be done when Caesarius and Atticus were consuls, anno aerae vulg. 397, and there is mention of an embassy of two bishops from a council of Carthage to the Emperors, to procure the privilege of sanctuary to all impeached for any crime, if they fled to the Church. This is said to be done when Honorius and Eutychianus were consuls, anno aerae vulg. 398. And further, here is an account of a bishop sent legate to Anastasius, Bishop of the Apostolical see, and Venerius of Milan, to supply the African Church with men fit to be ordained. For Aurelius complains that many Churches have not so much as one man, not so much as an illiterate one, in deacon's orders, much less had they a competent number of men for the superior dignities. He speaks of the importunate clamours of many people, that were themselves almost killed, I suppose, by some common pestilence.In this council it was decreed that bishops should not travel by sea without formed letters.
During the consulate of those illustrious men, Caesar and Atticus, on the sixth before the Calends of July, at Carthage, it seemed good that no bishop should travel by water without "formed letters" from the Primate. The authentic acts will be found by him who seeks them.
In this council, bishops whose names are set down hereafter were sent as legates to the Emperor.
After the consulate of the most glorious Emperor Honorius Augustus for the fourth time, and of the renowned Eutychian, on the fifth of the calends of May, at Carthage in the secretarium of the restored basilica. In this council Epigonius and Vincent, the bishops, received a legation, in order that they might obtain a law from the most glorious princes in behalf of those taking refuge in the Church, whatever might be the crime of which they were accused, that no one should dare to force them away.
In this council a legation was sent to the Bishops of Rome and Milan with regard to children baptized by heretics, and to the Emperor with regard to having such idols as still remained taken away, and also with regard to many other matters.
After the consulate of the renowned Flabius Stilico, on the sixteenth of the calends of July, at Carthage in the secretarium of the restored basilica.
When Aurelius, the Bishop, together with his fellow-bishops had taken their seats, the deacons standing by, Aurelius, the Bishop, said: Your charity, most holy brethren, knows fully as well as I do the necessities of the churches of God throughout Africa. And since the Lord has vouchsafed that from a part of your holy company this present assembly should be convened, it seems to me that these necessities which in the discharge of our solicitude we have discovered, we ought to consider together. And afterwards, that there should be chosen a bishop from our number who may, with the help of the Lord and your prayers, assume the burden of these necessities, and zealously accomplish whatever ought to be done in the premises, going to the parts of Italy across seas, that he may acquaint our holy brethren and fellow-bishops, the venerable and holy brother Anastasius, bishop of the Apostolic see, and also our holy brother Venerius the Bishop of Milan, with our necessity and grief, and helplessness. For there has been withheld from these sees the knowledge of what was necessary to provide against the common peril, especially that the need of clergy is so great that many churches are in such destitution as that not so much as a single deacon or even an unlettered clerk is to be found. I say nothing of the superior orders and offices, because if, as I have said, the ministry of a deacon is not easily to be had, it is certainly much more difficult to find one of the superior orders. [And let them also tell these bishops] that we can no longer bear to hear the daily lamentations of the different peoples almost ready to die, and unless we do our best to help them, the grievous and inexcusable cause of the destruction of innumerable souls will be laid at our door before God.
Canon LVII.
(Greek lxi.)
That persons baptized when children by the Donatists may be ordained clergymen in the Catholic Church.
Since in the former council it was decreed, as your unanimity remembers as well as I do, that those who as children were baptized by the Donatists, and not yet being able to know the pernicious character of their error, and afterward when they had come to the Use of reason, had received the knowledge of the truth, abhorred their former error, and were received, (in accordance with the ancient order) by the imposition of the hand, into the Catholic Church of God spread throughout the world, that to such the remembrance of the error ought to be no impediment to the reception of the clerical office. For in coming to faith they thought the true Church to be their own and there they believed in Christ, and received the sacraments of the Trinity. And that all these sacraments are altogether true and holy and divine is most certain, and in them the whole hope of the soul is placed, although the presumptuous audacity of heretics, taking to itself the name of the truth, dares to administer them. They are but one after all, as the blessed Apostle tells us, saying: "One God, one faith, one baptism," and it is not lawful to reiterate what once only ought to be administered. [Those therefore who have been so baptized] having anathematized their error may be received by the imposition of the hand into the one Church, the pillar as it is called, and the one mother of all Christians, where all these Sacraments are received unto salvation and everlasting life; even the same sacraments which obtain for those persevering in heresy the heavy penalty of damnation. So that which to those who are in the truth lighteneth to the obtaining of eternal life, the same to them who are in error tends but to darkness and damnation. With regard then to those who, having fled from error, acknowledge the breasts of their mother the Catholic Church, who believe and receive all these holy mysteries with the love of the truth, and besides the Sacraments have the testimony of a good life, there is no one who would not grant that without doubt such persons may be raised to the clerical office, especially in such necessity as the present. But there are others of this sect, who being already clergymen, desire to pass to us with their peoples and also with their honours, such as for the sake of office are converts to life, and that they may retain them seek for salvation [i.e., enter the Church]. I think that the question concerning such may be left to the graver consideration of our afore- said brothers, and that when they have considered by their more prudent counsel the matter referred to them, they may vouchsafe to advise us what approves itself to them with regard to this question. Only concerning those who as children were baptized by heretics we decree that they consent, if it seems good, to our decision concerning the ordination of the same. All things, therefore, which we have set forth above with the holy bishops, let your honourable fraternity with me adjudge to be done.
Such as have been while children baptized by the Donatists may be ordained should they repent, anathematize their heresy, and be otherwise worthy.
Of the three Introductions to Carthaginian Councils which precede this canon, the first refers to the synod held June 26, a.d. 397; the second to that held April 27, a.d. 399; and the third to that of June 15 (or 16), a.d. 401.
The canon is Canon j. of the Synod of Carthage of June 15 (or 16), a.d. 401. The eight other canons of this synod follow in the African Code in their own order.
Johnson.
See Can. 47, which was made in a former synod.
Canon LVIII.
(Greek lxii.) Of the remaining idols or temples which should be done away by the Emperors.
Wherefore the most religious Emperors should be askedhyperlink that they order the remaining idols to be taken entirely away throughout all Africa; for in many maritime places and in divers possessions the iniquity of this error still flourishes: that they command them to be taken away and their temples, (such as are no ornament, being set up in fields or out of the way places) be ordered to be altogether destroyed.
The remains of the idols should be abolished altogether.
This is Canon ij. of the Synod of Carthage of June 15 (16), a.d. 401.
Canon LIX.
(Greek lxiii.)
That clerics be not compelled to give testimony in public concerning the cognizance of their own judgment.
IT should be petitioned also that they deign to decree, that if perchance any shall have been willing to plead their cause in any church according to the Apostolic law imposed upon the Churches, and it happens that the decision of the clergy does not satisfy one of the parties, it be not lawful to summon that clergyman who had been cognitor or present,hyperlink into judgment as a witness, and that no person attached to any ecclesiastic be compelled to give testimony.
A cleric who has decided a case shall not, if it be displeasing, be summoned to a tribunal to give evidence concerning it; and no ecclesiastical person shall be forced to give testimony.
This is Canon iij. of the Synod of Carthage, June 15 (or 16). a.d. 401.
Johnson.
"According to the Apostolic law," viz., that of St. Paul, 1 Cor. vi. 1, 2, etc. I follow the Greek scholia in rendering this canon. In Latin cognitor is he that is solicitor, or advocate, rather than the judge who takes cognizance.
Canon LX.
(Greek lxiii.) Of heathen feasts.
This also must be sought, that (since contrary to the divine precepts feasts are held in many places, which have been induced by the heathen error, so that now Christians are forced to celebrate these by heathens, from which state of things it happens that in the times of the Christian Emperors a new persecution seems to have secretly arisen:) they order such things to be forbidden and prohibit them from cities and possessions under pain of punishment; especially should this be done since they do not fear to commit such iniquities in some cities even upon the natal days of most blessed martyrs, and in the very sacred places themselves. For upon these days, shame to say, they perform the most wicked leapings throughout the fields and open places, so that matronal honour and the modesty of innumerable women who have come out of devotion for the most holy day are assaulted by lascivious injuries, so that all approach to holy religion itself is almost fled from.
The Greek feasts must cease to be kept, because of their impropriety, and because they seduce many Christians, moreover they are celebrated on the commemorations of the martyrs.
This is Canon iv. of the Synod of Carthage, Aug. 15 (or 16), a.d. 401.
Johnson.
Bishop Beveridge and Tilius's edition of these canons, in Greek and Latin, number the two preceding canons as I have done in the margin, with the same figures [viz: 63]. I follow them in this error because by this means the reader may more readily be referred from the Latin original and from this English translation to the Greek.
Canon LXI.
(Greek lxiv.) Of spectacles, that they be not celebrated on Lord's days nor on the festivals of the Saints.
Furthermore, it must be sought that theatrical spectacles and the exhibition of other plays be removed from the Lord's day and the other most sacred days of the Christian religion, especially because on the octave day of the holy, Easter [i.e., Low Sunday] the people assemble rather at the circus than at church, and they should be transferred to some other day when they happen to fall upon a day of devotion, nor shall any Christian be compelled to witness these spectacles,hyperlink especially because in the performance of things contrary to the precepts of God there should be no persecution made by anyone, but (as is right) a man should exercise the free will given him by God. Especially also should be considered the peril of the cooperators who, contrary to the precepts of God, are forced by great fear to attend the shews.
There shall be no theatrical representations upon Lord's days or feast days.
This is Canon V. of the Synod of Carthage, June 15th (16), a.d. 401.
Canon LXII.
(Greek lxv.) Of condemned clerics.
And this should be sought, that they deign to decree that if any clergyman of whatever rank shall have been condemned by the judgment of the bishops for any crime, he may not be defended either by the churches over which he presided, nor by anyone what- ever, under pain of loss both of money and office, and let them order that neither age nor sex be received as an excuse.
No one shall justify a clergyman condemned by his own bishop.
This is Canon vj. of the Synod of Carthage, June 15 (or 16), a.d. 401.
Canon LXIII.
(Greek lxvi.) Of players who have become Christians.
And of them also it must be sought that if anyone wishes to come to the grace of Christianity from any ludicrous art (ludicra arte) and to remain free of that stain, it be not lawful for anyone to induce him or compel him to return to the performance of the same things again.
Whoever has turned away from the stage to adopt an honest life, shall not be led back thereto
This is Canon vii. of the Synod of Carthage, June 15 (or 16), a.d. 401.
Johnson.
This canon is probably to be understood of slaves bought by their masters for the service of the Circ, or Theatre.
Canon LXIV.
(Greek lxvii.)
Of celebrating manumissions in church, that permission be asked from the Emperor.
Concerning the publishing of manumissions in church, if our fellow bishops throughout Italy shall be found to do this, it will be a mark of our confidence to follow their order [of proceedings], full power being given to the legate we send, that whatever he can accomplish worthy of the faith, for the state of the Church and the salvation of souls, we shall laudably accept in the sight of the Lord. All which things, if they please your sanctity, pray set forth, that I may be assured that my suggestion has been ratified by you and that their sincerity may freely accept our unanimous action. And all the bishops said: The things which have been enjoined to be done and have been wisely set forth by your holiness are pleasing to all.
The Emperor's permission should be sought to allow the public manumission of slaves in church.
This is Canon viij. of the Synod of Carthage, June 15 (or 16), a.d. 401.
Johnson.
It is certain, that in Italy, and some other parts of the Empire, slaves were solemnly set at liberty by their masters, in the church and presence of the bishop, from the time of Constantine, but it should seem this custom had not yet obtained in Africa.
Canon LXV.
(Greek lxviii.) Concerning the condemned bishop Equitius.
Aurelius, the bishop, said: I do not think that the case of Equitius should be passed over in the legation, who some time ago for his crimes was condemned by an Episcopal sentence; that if by any chance our legate should meet him in those parts, our brother should take care for the state of the Church, as opportunity offered or where he could, to act against him. And all the bishops said: This prosecution is exceedingly agreeable to us, especially as Equitius was condemned some time ago, his impudent unrest ought to be repelled everywhere more and more for the good estate and health of the Church. And they subscribed, I, Aurelius, the bishop of the Church of Carthage, have consented to this decree, and after having read it have signed my name.Likewise also signed all the other bishops.
Equitius, who had been condemned by the judgment of the bishops, and had behaved impudently against the ecclesiastical authority, ought to be opposed.
This is Canon ix. of the Synod of Carthage, June 15 (or 16), a.d. 401.
Johnson.
See Can. Afr., 78.
In this council the letters of Anastasius the Roman Pontiff were read, admonishing the Catholic bishops concerning the Donatists.
In the consulship of those most illustrious men Vencentius and Flavius, on the Ides of September, at Carthage, in the secretarium of the restored basilica. When we had been gathered together in council in the church at Carthage and had taken our seats, bishops from all the African Provinces, that is to say, Aurelius, the bishop of that see with his colleagues (just who they were is made evident by their signatures) [the same bishop Aurelius said]: When the letters of our most blessed brother and fellow priest, Anastasius, bishop of the Church of Rome, had been read, in which he exhorted us out of the solicitude and sincerity of his paternal and brotherly love, that we should in no way dissimulate with regard to the wiles and wickednesses of the Donatist heretics and schismatics, by which they gravely vex the Catholic Church of Africa, we thank our Lord that he hath vouchsafed to inspire that best and holy archbishop with such a pious care for the members of Christ, although in divers lands, yet builded together into the one body of Christ.
Canon LXVI.
(Greek lxix.) That the Donatists are to be treated leniently.
Then when all firings had been considered and treated of which seem to conduce to the advantage of the church, the Spirit of God suggesting and admonishing us, we determined to act leniently and pacifically with the before-mentioned men, although they were cut off from the unity of the Lord's body by an unruly dissent, so that (as much as in us lies) to all those who have been caught in the net of their communion and society, it might be known throughout all the provinces of Africa, how they have been overcome by miserable error, holding different opinions, "that perchance," as the Apostle says, when we have correctedhyperlink them with gentleness, "God should grant them repentance for the acknowledging of the truth, and that they might be snatched out of the snares of the devil, who are led captive of him at his will."
It seemed good that the Donatists should be treated kindly and with leniency, even if they should separate themselves from the Church, so that perchance through their respect f or our great gentleness they may be loosed from their captivity.
The introduction refers to the Synod of Carthage of September 13,401, and this canon is part of Canon j. of that Synod. We are indebted to the Ballerini for collecting the acts of this Synod by a comparison of the pseudo-Isidore, Dionysius, Ferrandus and the quotations contained in the acts of the Synod of Carthage of 525.
Canon LXVII.
(Greek lxx.)
Of the letters to be sent to the judges, that they may take note of the things done between the Donatists and the Maximianists.
Therefore it seemed good that letters should be given from our council to the African judges, from whom it would seem suitable that this should be sought, that in this matter they would aid the common mother, the Catholic Church, that the episcopal authority may be fortifiedhyperlink in the cities; that is to say that by their judicial power and with diligence out of their Christian faith, they enquire and record in the public acts, that all may have a firm notion of it, what has taken place in all those places in which the Maximianists, who made a schism from them, have obtained basilicas.
The secular arm must be implored by synodal letters to assist our common Mother the Catholic Church against those by whom the authority of the bishop is despised.
This canon is the other half of Canon j. of the Synod of Carthage, September 13, a.d. 401.
Johnson.
Maximianists were a sect bred out of the Donatists, and separating from them.
Canon LXVIII.
(Greek lxxi.) That the Donatist clergy are to be received into the Catholic Church as clergymen.
IT moreover seemed good that letters be sent to our brethren and fellow-bishops, and especially to the Apostolic See, over which our aforesaid venerable brother and colleague Anastasius, presides, that [epeidh in the Greek, quo in the Latin] he may know that Africa is in great need, for the peace and prosperity of the Church, that those Donatists who were clergymen and who by good advice had desired to return to Catholic unity, should be treated according to the will and judgment of each Catholic bishop who governs the Church in that place; and, if it seem good for Christian peace, they be received with their honours, as it is clear was done in the former times of this same division. And that this was the case the example of the majority, yea, of nearly all the African Churches in which this error had sprung up, testify; not that the Council which met about this matter in foreign parts should be done away, but that it may remain in force with regard to those who so will to come over to the Catholic Church that there be procured by them no breaking of unity. But those through whom Catholic unity was seen to have been altogether perfected or assisted by the manifest winning of the souls of their brethren in the places where they live, there shall not be objected to them the decree contrary to their honour adopted by a foreign council, for salvation is shut off to no one, that is to say, that those ordained by the Donatist party, if having been corrected they have been willing to return to the Catholic Church, are not to behyperlink received in their grades, according to the foreign council; but they are to be excepted through whom they received the advice to return to Catholic unity.
Those ordained by the Donatists, even though their reception has been forbidden by a foreign synod, since it is truly good that all should be saved, if they correct themselves, let them be received.
Balsamon.
This canon is special, for it seemed good to the fathers that such of the Donatists as came to the orthodox faith should be so received as to hold the grade of their holy orders, even though a transmarine, that is to say an Italian, council had decreed otherwise.
Aristenus.
Those Donatists who are penitent and anathematize their heresy are to be allowed to remain in their proper rank, and be numbered among the clergy of the Catholic Church, because Africa was labouring under a great shortness of clergy.
This canon is Canon ij. of Carthage, Sept., a.d. 401.
Johnson.
Whether the Donatists' clergy should be re-ordained was only a point of discipline; for the Donatists retained Episcopacy. Therefore the African fathers, as they leave other churches to their liberty, so at the same time they declare that they would continue their old practice, and leave every bishop to act according to his own discretion in this matter. Probably, one great motive, besides that of peace, which they had to this, was the great scarcity of clergymen in Africa, of which Aurelius complains in his speech, inserted into the Acts before Canon 77 (61), and proposes that they send to the bishops of Rome and Milan for a supply. And that this was the true reason, does in some measure appear from the words of the Latin canon at large, in which the occasion of this decree is said to be propter necessitatem. And this is the most probable reason why it is left to the discretion of the bishop, whether to admit Donatist clergymen as such, if he had occasion for their service. And after all it is clear from this very canon, that other churches had determined this point the contrary way. Therefore Mr. Calamy exceeds when he says: "As for the Donatists, all agree that their orders were acknowledged." Further, he would have it thought probable that orders were not always conferred among the Donatists by persons superior to presbyters. This he would infer from the great number of the bishops of that faction in Africa, viz., 278, many of which (says he) could be no more than parish ministers. But why so? Were there not above four hundred Catholic bishops? And why not as many of one side as the other? If our dissenters of any sort had fallen into the Episcopal form of government, no question but they would have had a bishop in every city at least, and equalled our church in the number of prelates.
Canon LXIX.
(Greek lxxii.)
That a legation be sent to the Donatists for the sake of making peace.
IT further seemed good, that when these things were done, legates should be sent from our number to those of the Donatists whom they hold as bishops, or to the people, for the sake of preaching peace and unity, without which Christian salvation cannot be attained; and that these legates should direct the attention of all to the fact that they have no just objection to urge against the Catholic Church. And especially that this be made manifest to all by the municipal acts (on account of the weight of their documents) what they themselves had done in the case of the Maximianists, their own schismatics. For in this case it is shown them by divine grace, if they will but heed it, that their separation from the unity of the Church is as iniquitous as they now proclaim the schism of the Maximianists from themselves to be. Nevertheless from the number, those whom they condemned by the authority of their plenary council, they received back with their honours, and accepted the baptism which they had given while condemned and cut off. And thus let them see how with stupid heart they resist the peace of the Church scattered throughout the whole world, when they do these things on the part of Donatus, neither do they say that they are contaminated by communion with those whom they so receive for the making of peace, and yet they despise us, that is the Catholic Church, which is established even in the extreme parts of the earth, as being defiled by the communion of those whom the accusers have not been able to win over to themselves.hyperlink
It seemed good that legates be sent to preach peace and unity to the Donatists who had been converted to the orthodox faith.
This canon is Canon iij. of Carthage, September, a.d. 401.
Canon LXX.
(Greek lxxiii.) What clerics should abstain from their wives.
Moreover since incontinence has been charged against some clergymen with regard to their own wives it has seemed good that bishops, presbyters, and deacons should according to the statutes already made abstain even from their own wives; and unless they do so that they should be removed from the clerical office. But the rest of the clergy shall not be forced to this but the custom of each church in this matter shall be followed.
Bishops, presbyters and deacons shall abstain for their wives or else be removed from the ecclesiastical order. But the rest of the clergy shall not be forced to the same: but let the custom be observed.
This is Canon iv. of Carthage, September, a.d. 401.
Johnson.
A repetition of Canon 25 (28).
Canon LXXI.
(Greek lxxiv.) Of those who leave in neglect their own people.
Moreover it seemed good that no one should be allowed to leave his chief cathedral and go to another church built in the diocese, or to neglect the care and frequent attendance upon his own cathedral by reason of too great care for his own affairs.
It seemed good that no bishop shall translate himself to another see, leaviny his own, nor that through a care for his own affairs he should neglect his diocese.
This is Canon vj. of Carthage, September, a.d. 401.
Johnson.
See Canons 53 (57), 56 (60).
"Principalis Cathedra," his own Cathedral.
Canon LXXII.
(Greek lxxv.)
Of the baptism of infants when there is some doubt of their being already baptized.
Item, it seemed good that whenever there were not found reliable witnesses who could testify that without any doubt they were baptized and when the children themselves were not, on account of their tender age, able to answer concerning the giving of the sacraments to them, all such children should be baptized without scruple, lest a hesitation should deprive them of the cleansing of the sacraments. This was urged by the Moorish Legates, our brethren, since they redeem many such from the barbarians.
It seemed good that they should be baptized about whom there was an ambiguity whether they had been baptized or no; test they might through that doubt lose the divine ablution.
This is Canon vij. of Carthage, September, a.d. 401.
Canon LXXIII.
(Greek lxxvi.)
The date of Easter and the date of the Council should be announced.
Item, it seemed good that the day of the venerable Easter should be intimated to all by the subscription of formed letters; and that the same should be observed with regard to the date of the Council, according to the decree of the Council of Hippo, that is to say the X. Calends of September, and that it should be written to the primates of each province so that when they summon their councils they do not impede this day.
It seemed good that the day of the Holy Easter should be announced on the day of the annual Synod, or on the tenth day before the calends of September.
This is Canon viii. of Carthage, September, a.d. 401.
Johnson.
See Can. 51 (55).
"The time of council," i.e., of the national council at Carthage.
The Greek canon says h pro deka kalandwn, and Zonaras makes this the 21st of August, but he mistakes in his calculation.
Canon LXXIV. (Greek LXXVII.)
That no bishop who is an intercessor is to hold the see where he is intercessor.
Item, it has been decreed that it is not lawful to any intercessor to retain the see to which he has been appointed as intercessor, by any popular movements and seditions; but let him take care that within a year tie provide them with a bishop: but if he shall neglect to do so, when the year is done, another intercessor shall be appointed.
It seemed good that the bishop who had been called in as an intercessor, by the zeal and dissensions of the people, should not be allowed to become the occupant of its throne: but let a bishop be provided within a year, or else in the next. year let another intercessor be appointed.
This is Canon IX. of Carthage, September, a.d. 401.
Johnson.
We here call this officer "Guardian of the spiritualities" in the vacancy of the see.
Canon LXXV.
(Greek lxxviii.) Of asking from the Emperors defenders of the Churches.
ON account of the afflictions of the poor by whose troubles the Church is worn out without any intermission, it seemed good to all that the Emperors be asked to allow defenders for them against the power of the rich to be chosen under the supervision of the bishops.
That the bishop be not annoyed, let Defensors be appointed.
This is Canon X. of Carthage, September, 401.
Johnson.
See note on Can. Chalcedon, 23.
Canon LXXVI.
(Greek lxxix.) Of bishops who do not put in an appearance at Council.
Item, it seemed good that as often as the council is to be assembled, the bishops who are impeded neither by age, sickness, or other grave necessity, come together, and that notice be given to the primates of their several provinces, that from all the bishops there be made two or three squads, and of each of these squads there be elected some who shall be promptly ready on the council day: but should they not be able to attend, let them write their excuses in the tractory,hyperlink or if after the coming of the tractory certain necessities suddenly arise by chance, unless they send to their own primate an account of their impediment, they ought to be content with the communion of their own Church.
This is Canon xj., of Carthage, September, 401.
Johnson.
"Tractory" has several significations; here it seems to denote the written return made by the Primate of the province to the synodical letter sent by the Bishop of Carthage. In the acts inserted between canon 90th and 91st "Tractoria" seems to denote the letter of the Primate to the inferior bishops for choosing legates, if it do not rather denote the Bishop of Carthage's circular-letter to all the primates, as it does in the next paragraph.
[The penalty in the last clause is] a very singular sort of censure, and very moderate. See Can. 80 (83).
Canon LXXVII.
(Greek lxxx.) Of Cresconius.
Concerning Cresconius of Villa Regis this seemed good to all, that the Primate of Numidia should be informed on this matter so that he should by his letters summon the aforementioned Cresconius in order that at the next plenary Council of Africa he should not put off making an appearance. But if he contemns the summons and does not come, let him recognize the fact that sentence should be pronounced against him.
Unless Cresconius who has been summoned by letter to the Synod, shall appear, let him know that he will have sentence given against him.
This canon was probably formerly an appendix (so Hefele thinks) to Canon xj., of the Synod of Carthage of September 13, 401.
Canon LXXVIII.
(Greek lxxxi.) Of the Church of Hippo-Diarrhytus.
IT further seemed good that since the destitution of the Church of Hippo-Diarrhytus should no longer be neglected, and the churches there are retained by those who have declined the infamous communion of Equitius, that certain bishops be sent from the present council, viz.: Reginus, Alypius, Augustine, Maternus, Theasius, Evodius, Placian, Urban, Valerius, Ambivius, Fortunatus, Quodvultdeus, Honoratus, Januarius, Aptus, Honoratus, Ampelius, Victorian, Evangelus and Rogation; and when those had been gathered together, and those had been corrected who with culpable pertinacity were of opinion that this flight of the same Equitius should be waited for, let a bishop be ordained for them by the vote of all. But if these should not be willing to consider peace, let them not prevent the choosing for ordination of a bishop, for the advantage of the church which has been so long destitute.
It seemed good that, after Equitius had been condemned by the universal vote, a bishop of Hippo should be elected, and that they should in no way impede the ordination of a prelate for that church.
This canon was likewise probably an appendix, to Canon xiij, of the Synod of Carthage of September 13th, 401, according to Hefele.
Johnson.
See Can. Afr., 65.
Here the place of election and consecration seems to be the vacant see.
Canon LXXIX. (Greek LXXXII.)
Of clerics who do not take care to have their causes argued within a year.
IT was further decreed that as often as clergymen convicted and confessedhyperlink of any crime either on account of eorum, quorum verecundiae parcitur, or on account of the opprobrium to the Church, and of the insolent glorying of heretics and Gentiles, if perchance they are willing to be present at their cause and to assert their innocence, let them do so within one year of their excommunication; if in truth they neglect during a year to purge their cause, their voice shall not be heard afterwards.
When a cleric has been convicted of a crime, if he says his cause should be heard upon appeal, let the appeal be made within a year; after that the appeal shall not be admitted.
This is Canon xiij. of Carthage, September, a.d. 401.
Johnson.
Though the Latin syntax of this canon is very confused, and, I am apt to think, corrupted, yet it is evident enough, that this is the intention of it.
Canon LXXX.
(Greek lxxxiii.)
That it is not permitted to make superiors of monasteries nor to ordain as clerics those who are received from a monastery not one's own.
Item, it seemed good that if any bishop wished to advance to the clericature a monk received from a monastery not under his jurisdiction, or shall have appointed him superior of a monastery of his own, the bishop who shall have thus acted shall be separated from the communion of others and shall rest content with the communion of his own people alone, but the monk shall continue neither as cleric nor superior.
Whoever shall receive a monk from a monastery not subject to his jurisdiction, and if he shall ordain him to the clerical estate or shall appoint him prior of his monastery, such an one shall be cut off from communion.
This is Canon xiv. of Carthage, September, a.d. 401.
Johnson.
See Canons 76 (79) and 122 (123).
Canon LXXXI.
(Greek lxxxiv.) Of bishops who appoint heretics or heathens as their heirs.
Item, it was ordained that if any bishop should prefer to his Church strangers to blood relationship with him, or his heretical relatives, or pagans as his heirs, he shall be anathematized even after his death, and his name shall by no means be recited among those of the priests of God. Nor can he be excused if he die intestate, because being a bishop he was bound not to postpone making such a disposition of his goods as was befitting his profession.
Let a bishop be anathema if he make heretics and heathen his heirs.
This is Canon xv. of Carthage, September, a.d. 401.
Johnson.
There were in this age two written tables kept in every church, whereof one contained the names of all eminent bishops and clergymen now living, with whom that church held communion and correspondence; the other, the names of all eminent bishops, and other men of their own or other churches, now dead. The deacon rehearsed all the names, in both tables at the altar, whenever the Eucharist was celebrated. These tables were by the Greeks called Diptuka, and by some English writers "diptychs." See Can. of Peter of Alex., 14.
Canon LXXXII.
(Greek lxxxv.) Of manumissions.
Item, it seemed good that the Emperor be pet