7 ecumenical councils - XVII.
Ancient Epitome of Canon C.
It is right that sentence be given on the subdeacons who are said to be present from Nova Germania, who have thrice been sought and not found. But out of regard to ecclesiastical gentleness, let some be sent to look into the matter.
Balsamon.
The contents of this canon are of a privatecharacter, and therefore have not been commented on.
This canon is Canon vj. of Carthage, a.d. 407.
Johnson.
“Senex” i.e. Primate Xantippus, as is commonly believed. He and others have this title frequently given them in the acts of these councils. See can. 8.
Canon CI).
(Greek civ. bis) Of making peace between the Churches of Rome and Alexandria.
IT seemed good that a letter be written to the holy Pope Innocent concerning the dissension between the Churches of Rome and Alexandria, so that each Church might keep peace with the other as the Lord commanded.
Notes.
Ancient Epitome of Canon CI.
It seemed good to write to Innocent that the Roman and Alexandrian churches might be at peace between themselves. This canon is Canon 7,of Carthage, a.d. 407.
Canon CII).
(Greek cv). Of those who put away their wives or husbands, that so they remain.
IT seemed good that according to evangelical and apostolical discipline a man who had been put away from his wife, and a woman put away from her husband should not be married to another, but so should remain, or else be reconciled the one to the other; but if they spurn this law, they shall be forced to do penance, covering which case we must petition that an imperial law be promulgated.
Notes.
Ancient Epitome of Canon CII.
Married people who are loosed must remain unmarried or else be reconciled, otherwise they shall be forced to do penance.
This canon is Canon 8,of Carthage, a.d. 407, and is found in the Corpus Juris Canonici, Gratian’s Decretum, P. II., Causa xxxij., Quaest. vij., can. 5,
Canon CIII).
(Greek cvi).
Of the prayers to be said at the Altar.
This also seemed good, that the prayers which had been approved in synod should be used by all, whether prefaces, commendations, or laying on of the hand, and that others contrary to the faith should not be used by any means, but that those only should be said which had been collected by the learned.
Notes.
Ancient Epitome of Canon CIII.
[The same as the canon, but omits the last phrase.]
This canon is Canon 9,of Carthage, a.d. 407.
Johnson.
That is, such forms fitted for the presenttime or occasion, as our Church uses in her Communion Office before the trisagium, on Christmas, Easter, etc. These prefaces were very ancient in the Christian church. Prayers used to recommend the catechumens, penitents, and dying souls to God’s protection were styled “Commendations.”
Canon CIV).
(Greek cvii). Of these who ask from the Emperor that secular judges may take cognizance of theircauses.
IT seemed good that whoever should seek from the Emperor, that secular judges should take cognizance of his business, should be deprived of his office; if however, he had asked from the Emperor an episcopal trial, no objection should be made.
Notes.
Ancient Epitome of Canon CIV.
Let not him be a bishop who from the Emperor seeks a public judgment.
This canon is Canon X. of Carthage, a.d. 407.
Johnson. See Canon Ant., 12.
Canon CV).
(Greek cviii). Of those who do not communicate in Africa and would go across seas.
Whoever does not communicate in Africa, and goes to communicate across seas, let him be cast out of the clergy.
Notes.
Ancient Epiome OF Canon CV.
Whoever is cut off from communion in Africa,and goes to parts across seas that he may there communicate, is to be cast out of the clergy.
This canon is Canon j. of Carthage, a.d. 407).
Canon CVI).
(Greek cix).
That those who are going to carry their case to court should be careful to inform either the bishop of Carthage or1 the bishop ofRome.
IT seemed good that whoever wished to go to court, should give notice in the form which is sent to the Church of the city of Rome, that from thence also he should receive a formed letter to court. But if receiving only a formed letter to Rome, and saying nothing about the necessity which he had of going to court, he willed immediately to go thither, let him be cut off from communion. But if while at Rome the necessity of going to court suddenly arose, let him state his necessity to the bishop of Rome and let him carry with him a rescript of the same Roman bishop. But let the formed letters which are issued by primates and by certain bishops to their own clergy have the date of Easter; but if it be yet uncertain what is the date of Easter of that year, let the preceding Easter’s date be set down, as it is customary to date public acts after the consulship.
It further seemed good that those who were sent as delegates from this glorious council should ask of the most glorious princes whatever they saw would be useful against the Donatists and Pagans, and their superstitions.
It also seemed good to all the bishops that all conciliar letters be signed by your holiness alone. And they subscribed: I, Aurelius, Bishop of Carthage, have consented to this decree, and having read it, now subscribe my name. Likewise also the rest of the bishops subscribed.
Ancient Epitome of Canon CVI.
Whoever from any necessity was going tocourt, must declare his intention to the bishop of Carthage and to the bishop of Rome, and receive a letter dimissory, and otherwise he shall be excommunicated.
Whatever shall seem to the legates useful against the Donatists and Greeks, and their superstitions, that shall be sought from the Emperor. (Greek cx). Synod against the pagans and heretics.
In the consulship of those most illustrious men Bassus and Philip, the xvith Calends of July, at Carthage, in the secretarium of the restored basilica.2 In this council the bishop Fortunatian received a second appointment as legate against the pagans and heretics.Item, a council against the pagans and heretics.
In the consulship of those most illustrious men Bassus and Philip, the 3,Ides of October at Carthage, in the Secretarium of the restored basilica*. In this council the bishops Restitutus and Florentius received a legation against the pagans and heretics, at the time Severus and Macarius were slain, and on their account the bishops Euodius, Theasius and Victor were put to death.
Notes.
This canon is Canon xij. of Carthage, a.d. 407.
Johnson.
Of “Formal Letters” see Can. Ap., 10 (13).
Canon CVII).
(Greek cx. continued). A Council concerning a bishop taking cognizance.
IN the consulate of the most glorious Emperors Honorius for the VIIth time and Theodosius for the IIID, Augusti, xvii. Calends of July, a synod was held at Carthage in the basilica of the second region. In this council it seemed good that no one bishop should claim the right to take cognizance of a cause. The acts of this council I have not here written down, because it was only provincial and not general.
Ancient Epitome of Canon CVII.
One bishop shall not claim for himself to take cognizance of a cause alone. (Greek cxi). Synod against the Donatists.
After the consulate of the most illustrious Emperors Honorius for the VIIIth time and Theodosius for the IVth time, Augusti, 18,Calends of July, at Carthage in the basilica of the second region. In this council the bishops, Florentius, Possidius, Praesidius and Benenatus received legation against the Donatists, at that time at which a law was given that anyone might practice the Christian worship at his own will.
Notes.
Ancient Epitome of Canon CVII.
Let each one receive the practice of piety of his own free will.
The two first introductions belong respectively to the Synods of Carthage of June 16 and of October 13, a.d. 408.Canon cvij. of the African code and that which follows it are the introductions to the Synods of Carthage of June 15, a.d. 409, and of June 14, a.d. 410.
Johnson.
See can. 10, 11, 12, 28 (31), 79 (80). Recognises, a law of the Empire, that everyone receive christianity at his own free choice.
Canon CVIII).
(Greek cxii). Synod against the heresy of Pelagius and Celestius.
IN the consulate of the most glorious Emperors, Honorius for the XIIth time and Theodosius for the VIIIth, Augusti most exalted, on the Calends of May, at Carthage in the secretarium of the Basilica of Faustus. When Aurelius the bishop presided over the whole council, the deacons standing by, it pleased all the bishops, whose names and subscriptions are indicated,1 met together in the holy synod of the Church of Carthage to define—2
Canon CIX).
(Greek cxij. continued). That Adam was not created by God subject to death.
That whosoever says that Adam, the first man, was created mortal, so that whether he had sinned or not, he would have died in body—that is, he would have gone forth of the body, not because his sin merited this, but by natural necessity, let him be anathema.
Notes.
Ancient Epitome of Canon CIX.
Whoso shall assert that the protoplast would have died without sin and through natural necessity, let him be anathema.
Canon CVIII. is the introduction to the Synod of Carthage of May 1, a.d. 418; and Canon CIX. is Canon j. of that synod.
Canon CX).
(Greek cxii. bis) That infants are baptized for the remission of sins.
Likewise it seemed good that whosoever denies that infants newly from their mother’s wombs should be baptized, or says that baptism is for remission of sins, but that they derive from Adam no original sin, which needs to be removed by the layer of regeneration, from whence the conclusion follows, that in them the form of baptism for the remission of sins, is to be understood as false and not true, let him be anathema.
For no otherwise can be understood what the Apostle says, “By one man sin is come into the world, and death through sin, and so death passed upon all men in that all have “sinned,” than the Catholic Church everywhere diffused has always understood it. For on account of this rule of faith (regulam fidei) even infants, who could have committed as yet no sin themselves, therefore are truly baptized for the remission of sins, in order that what in them is the result of generation may be cleansed by regeneration.
Notes.
Ancient Epitome of Canon CX.
Whoso affirms that those newly born and baptized contract nothing from Adam’s transgression, which needs to be washed away by baptism, is to be execrated: for through one both death and sin invaded the whole world.
This is Canon ij. of Carthage, a.d. 418 [Greek Canon 112].
Johnson.
See Can. 63, 104, both which are double, as this likewise is in the old Greek scholiasts.
[Also it seemed good, that if anyone should say that the saying of the Lord, “In my Father’s house are many mansions “is to be understood as meaning that in the kingdom of heaven there will be a certain middle place, or some place somewhere, in which infants live in happiness who have gone forth from tiffs life without baptism, without which they cannot enter the kingdom of heaven, which is eternal life, let him be anathema. For after our Lord has said: “Except a man be born again of water and of the Holy Spirit he shall not enter the kingdom of heaven,” what Catholic can doubt that he who has not merited to be coheir with Christ shall become a sharer with the devil: for he who fails of the right hand without doubt shall receive the left hand portion.]
Notes.
The foregoing, says Surius, is found in this place in a very ancient codex. It does not occur in the Greek, nor in Dionysius. Bruns relegates it to a foot-note.
Canon CXI).
(Greek cxiij). That the grace of God not only gives remission of sins, but also affords aid that we sin no more.
Likewise it seemed good, that whoever should say that the grace of God, by which a man is justified through Jesus Christ our Lord, avails only for the remission of past sins, and not for assistance against committing sins in the future, let him be anathema.
Ancient Epitome of Canon CXI.
Whoever is of opinion that the grace of God only gives remission of those sins we have already committed, and does not afford aid against sin in the future, is to be twice execrated). Canon CXII. (Greek cxiij. continued).
That the grace of Christ gives not only the knowledge of our duty, but also inspires us with a desire that we may be able to accomplish what we know.
Also, whoever shall say that the same grace of God through Jesus Christ our Lord helps us only in not sinning by revealing to us and opening to our understanding the commandments, so that we may know what to seek, what we ought to avoid, and also that we should love to do so, but that through it we are not helped so that we are able to do what we know we should do, let him be anathema. For when the Apostle says: “Wisdom puffeth up, but charity edifieth” it were truly infamous were we to believe that we have the grace of Christ for that which puffeth us up, but have it not for that which edifieth, since in each case it is the gift of God, both to know what we ought to do, and to love to do it; so that wisdom cannot puff us up while charity is edifying us. For as of God it is written, “Who teacheth man knowledge,” so also it is written, “Love is of God.”
Notes.
Ancient Epitome of Canon CXII.
Whoever says that the grace of God is given to us only that we may know what we ought to do and what to flee from, but not also that we may love the thing known, and be able to accomplish it, let him be anathema.
Canon cxi. is Canon iij. of Carthage, a.d. 418, and Canon 112,is Canon 4,of the same synod.
Canon CXIII).
(Greek cxiiii). That without the grace ofGod we can do no good thing.
IT seemed good that whosoever should say that the grace of justification was given to us only that we might be able more readily by grace to perform what we were ordered to do through our free will; as if though grace was not given, although not easily, yet nevertheless we could even without grace fulfil the divine commandments, let him be anathema. For the Lord spake concerning the fruits of the commandments, when he said: “Without me ye can do nothing,” and not “Without me ye could do it but with difficulty.”
Notes.
Ancient Epitome of Canon CXIII.
Whoso preaches that without grace we could keep the commandments although with difficulty, is to be thrice execrated. For the Lordsays, “Without me ye can do nothing.”
This is Canon V. of Carthage, a.d. 418.
Canon CXIV).
(Greek cxv).
That not only humble but also true is that voice of the Saints: “If we say that we have no sin we deceive ourselves.”
IT also seemed good that as St. Jn the Apostle says, “If we shall say that we have no sin we deceive ourselves and the truth is not in us,” whosoever thinks that this should be so understood as to mean that out of humility, we ought to say that we have sin, and not because it is really so, let him be anathema. For the Apostle goes on to add, “But if we confess our sins, he is faithful and just to forgive us our sins and to cleanse us from all iniquity,” where it is sufficiently clear that this is said not only of humility but also truly. For the Apostle might have said, “If we shall say we have no sins we shall extoll ourselves, and humility shall have no place in us;” but when he says, “we deceive ourselves and the truth is not in us” he sufficiently intimates that he who affirmed that he had no sin would speak not that which is true but that which is false.
Notes.
Ancient Epitome of Canon CXIV.
Whosoever shall interpret the saying of the Divine [i.e. St. John]: “If we shall say that we have no sin, we deceive ourselves” as not being really true but as spoken out of humility, let him be anathema.This is Canon vj. of Carthage, a.d. 418.
Canon CXV).
(Greek cxvi).
That in the Lord’s Prayer the Saints say for themselves: “Forgive us our trespasses.”
IT has seemed good that whoever should say that when in the Lord’s prayer, the saints say, “forgive us our trespasses,” they say this not for themselves, because they have no need of this petition, but for the rest who are sinners of the people; and that therefore no one of the saints can say, “Forgive me my trespasses,” but “Forgive us our trespasses;” so that the just is understood to seek this for others rather than for himself; let him be anathema. For holy and just was the Apostle James, when he said, “For in many things we offend all.” For why was it added “all,” unless that this sentence might agree also with the psalm, where we read, “Enter not into judgment with thy servant, O Lord, for in thy sight shall no man living be justified;” and in the prayer of the most wise Solomon: “There is no man that sinneth not;” and in the book of the holy Job: “He sealeth in the hand of every man, that every man may know his own infirmity;” wherefore even the holy and just Daniel when in prayer said several times: “We have sinned, we have done iniquity,” and other things which there truly and humbly he confessed; nor let it be thought (as some have thought) that this was said not of his own but rather of the people’s sins, for he said further on: “When I shall pray and confess my sins and the sins of my people to the Lord my God;” he did not wish to say our sins, but he said the sins of his people and his own sins, since he as a prophet foresaw that those who were to come would thus misunderstand his words.
Notes.
Ancient Epitome of Canon CXV.
Whoso expounds this, “forgive us our trespasses” as speaking only of the multitude and not of individuals let him be anathema: Since Daniel even he can behold saying with the multitude “I confessed my sins and the sins of my people.”This is Canon 7,of Carthage, a.d. 418.
Canon CXVI).
(Greek cxvii).
That the Saints say with accuracy, “Forgive us our trespasses.”
Likewise also it seemed good, that whoever wished that these words of the Lord’s prayer, when we say, “Forgive us our trespasses” are said by the saints out of humility and not in truth let them be anathema. For who would make a lying prayer, not to men but to God? Who would say with his lips that he wished his sins forgiven him, but in his heart that he had no sins to be forgiven.
Notes.
Ancient Epitome of Canon CXVI.
(Lacking). This is Canon 8,of Carthage, a.d. 418.
Canon CXVII).
(Greek cxviii). Of peoples converted from the Donatists.
Item, it seemed good, since it was so decreed some years ago by a plenary council, that whatever churches were erected in a diocese before the laws were made concerning Donatists when they became Catholic, should pertain to the sees of those bishops through whom their return to Catholic unity was brought about; but after the laws whatever churches communicated were to belong there where they belonged when they were Donatists. But because many controversies afterward arose and are still springing up between bishops concerning dioceses, which were not then at all in prospect, now it has seemed good to this council, that wherever there was a Catholic and a Donatist party, pertaining to different sees, at whatever time unity has been or shall be made, whether before or after the laws, the churches shall belong to that see to which the Catholic church which was already there belonged.
Notes.
Ancient Epitome of Canon CXVII.
Whenever conversions and unions of Donatists are effected, let them be subject to that throne towhich the Catholic Church which was formerly there was subject.This is Canon 9,of Carthage, a.d. 418).
Canon CXVIII).
(Greek cxix).
How bishops as well Catholic as those who have been converted from the Donatists are to divide between themselves the dioceses.
So, too, it has seemed good that if a bishop has been converted from the Donatists to Catholic unity, that equally there should be divided what shall have been so found where there were two parties; that is, that some places should pertain to one and some to the other; and let the division be made by him who has been the longest time in the episcopate, and let the younger choose. But should there be only one place let it belong to him who is found to be the nearer. But should the distance be equal to each of the two cathedrals let it belong to the one the people may choose. But should the old Catholics wish their own bishop, and if the same be the case with the converted Donatists, let the will of the greater number prevail, but should the parties be equal, let it belong to him who has been longest bishop. But if so many places be found in which there were both parties, that an equal division is impossible, as for example, if they are unequal in number, after those places have been distributed which have an equal number, the place that remains over shall be disposed of as is provided above in the case where there is but one place to be treated.
Notes.
Ancient Epitome of Canon CXVIII.
Those who have been converted from Donatus, let them divide the dioceses; and let the senior bishop make the division, and the junior choose which he will.This is Canon 10,of Carthage, a.d. 418.
Canon CXIX).
(Greek cxx).
That if a bishop shall possess a diocese which he has snatched from heresy for three years, no one may take it from him.
Item, it seemed good that if anyone after the laws should convert any place to Catholic unity and retain it for three years without opposition, it should not be taken away from him afterwards. If however there was during those three years a bishop who could claim it and was silent, he shall lose the opportunity. But if there was no bishop, no prejudice shall happen to the see,1 but it shall be lawful when the place that had none shall receive a bishop, to make the claim within three years of that day. Item, if a Donatist bishop shall be converted to the Catholic party, the time that has elapsed shall not count against him, but from the day of his conversion for three years he shall have the right of making a claim on the places which belonged to his See.
Notes.
Ancient Epitome of Canon CXIX.
Whosoever shall convert a region to Orthodoxy and shall keep it converted for three years, let him be without blame. But if the bishop converted from Donatus within three years of its conversion seeks his diocese again, let it be returned to him (ei enagei, enagetw). This is Canon xj. of Carthage, a.d. 418.
Canon CXX).
(Greek cxxi).
Of those who intrude uponpeoples which they think belong to them, without the consent of those by whom they are held.
Item, it seemed good that whatever bishops seek the peoples whom they consider to pertain to their see, not by bringing their causes before the episcopal judges, but rush in while another is holding the place, all such, (whether said people are willing to receive them or no) shall lose their case. And whoever have done this, if the contention between the two bishops is not yet finished but still going on, let him depart who intruded without the decree of the ecclesiastical judges; nor let anyone flatter himself that he will retain [what he has seized] if he shall obtain letters from the primate, but whether he has such letters or has them not, it is suitable that he who holds and receives his letters should make it appear then that he has held the church pertaining to him peaceably. But if he has referred any question, let the cause be decided by the episcopal judges, whether those whom the primates have appointed for them, or the neighbouring bishops whom they have chosen by common consent.
Notes.
Ancient Epitome of Canon CXX.
Let no one seize for himself what he thinks belongs to him: but let the bishops judge or where the Primate will give, or whom the neighbouring bishops shall give with his consent. But whosoever has received letters from the primate concerning the keeping [of such regions and churches] merely deceives himself.This is Canon xij. of Carthage, a.d. 418.
Canon CXXI).
(Greek cxxii). Of those who neglect the peoples belonging to them.
Item, it seemed good that whoever neglect to bring the places belonging to their see into Catholic unity should be admonished by the neighbouring diligent bishops, that they delay no longer to do this; but if within six months from the day of the convention they do nothing, let them pertain to him who can win them: but with this proviso however, that if he to whom it seemed they naturally belonged can prove that this neglect was intentional and more efficacious in winning them than the greater apparent diligence of others; when the episcopal judges shall be convinced that this is the case, they shall restore the places to his see. If the bishops between whom the cause lies are of different provinces, let the Primate in whose province the place is situated about which there is the dispute, appoint judges; but if by mutual consent they have chosen as judges the neighbouring bishops, let one or three be chosen: so that if they choose three they may follow the sentence of all or of two.
Notes.
Ancient Epitome of Canon CXXI.
If any neglect what belongs to their jurisdiction, let them be admonished ; and if they shall do nothing within a six month, let them be adjudged to him who can win them. But if they have committed the neglect out of policy so as not to irritate the heretics, and this shall appear to have been the case, their sees shall be restored to them, by the judgment of the bishops either appointed or elected.This is Canon xiij. of Carthage, a.d. 418.
Canon CXXII).
(Greek cxxiii). The sentence of the elected judges ought not to be spurned.
From the judges chosen by common consent of the parties, no appeal can be taken; and whoever shall be found to have carried such an appeal and contumaciously to be unwilling to submit to the judges, when this has been proved to the primate, let him give letters, that no one of the bishops should communicate with him until he yield.
Notes.
Ancient Epitome of Canon CXXII.
A judge chosen by both parties cannot be repudiated.This is Canon xiv. of Carthage, a.d. 418.Johnson,See Canons 76 (79) and 80 (83).
Canon CXXIII).
(Greek cxxiv). That if a bishop neglects his diocese he is to be deprived of communion.
IF in the mother cathedrals a bishop should have been negligent against the heretics, let a meeting be held of the neighbouring diligent bishops, and let his negligence be pointed out to him, so that he can have no excuse. But if within six months after this meeting, if an execution was in his own province, and he had taken no care to convert them to Catholic unity, no one shall communicate with him till he does his duty. But if no executor shah have come to the places, then the fault shall not be laid to the bishop.
Notes.
Ancient Epitome of Canon CXXIII.
A bishop who spurns the care of heretics, and if after being warned he continues for six months in his contempt, and has no care for their conversion, is to be excommunicated.This is Canon 15,of Carthage, a.d. 418.
Johnson.
(So [i.e. “Metropoles”] I turn matrices cathedrae. I know indeed there were no fixed ecclesiastical metropoles, in Africa; but they had civil metropoles called by that name, can. 86, (89) which see.
Of these officers [i.e. “Executors “] see can. 97 (100).
Canon CXXIV).
(Greek cxxv). Of bishops who shall lie with regard to Donatists’ communions.
IF it shall be proven that any bishop has lied concerning the communion of those [who had been Donatists], and had said that they had communicated when he knew it was an established fact that they had not done so, let him lose his bishoprick.
Notes.
Ancient Epitome of Canon CXXIV.
Whoso says that a man, whom he knows does not communicate, does communicate is to be deprived of his episcopate.This is Canon xvj. of Carthage, a.d. 418.
Canon CXXV).
(Greek cxxvi). That presbyters and clerics are not to appeal except to African Synods.
Item, it seemed good that presbyters, deacons, or other of the lower clergy who are to be tried, if they question the decision of their bishops, the neighbouring bishops having been invited by them with the consent of their bishops, shall hear them and determine whatever separates them. But should they think an appeal should be carried from them, let them not carry the appeal except to African councils or to the primates of their provinces. But whoso shall think of carrying an appeal across seas he shall be admitted to communion by no one in Africa.
Notes.
Ancient Epitome of Canon CXXV.
A presbyter and deacons, who has been condemned by his own bishop, let him appeal to the neighbouring bishops: but let them not cross the sea. In Africa they shall be excommunicated.This is Canon xvij. of Carthage, a.d. 418.
Johnson.
A repetition of Canon 28 (31)).
Canon CXXVI).
(Greek cxxvii). That Virgins, even when minors, should be given the veil.
Item, it seemed good that whatever bishop, by the necessity of the dangers of virginal purity, when either a powerful suitor or some ravisher is feared, or if she shall be pricked with some scruple of death that she might die unveiled, at the demand either of her parents or of those to whose care she has been entrusted, shall give the veil to a virgin, or shall have given it while she was under twenty-five years of age, the council which has appointed that number of years shall not oppose him.
Notes.
Ancient Epitome of Canon CXXVI.
Whosoever has veiled or shall veil a virgin before she is twenty-five years of age (that is give her the habit, or clothe her), being forced thereto on account of a powerful lover, or a ravisher, or deadly disease, provided those ,who have the charge of her so exhort, shall receive no damage from the synod concerning that age.
This is Canon xviij. of Carthage, a.d. 418. The reference to a former canon is to Canon j. of the second series of the canons of the Synod of Hippo in a.d. 393.
Canon CXXVII).
(Greek cxxviii).
That bishops be not detained too long in council, let them choose three judges from themselves of the singular provinces.
Item, it seemed good, lest all the bishops who are assembled at a council be kept too long, that the whole synod should choose three judges of the several provinces; and they elected for the province of Carthage Vincent, Fortunatian, and Clarus; for the province of Numidia Alypius, Augustine, and Restitutus; for the province of Byzacena, with the holy Senex Donatian the Primate, Cresconius, Jocundus, and Aemilian; for Mauritania Sitephensis Severian, Asiaticus, and Donatus; for the Tripolitan province Plautius, who alone was sent as legate according to custom; all these were to take cognizance of all things with the holy senex Aurelius, from whom the whole council sought that he should subscribe all things done by the council whether acts or letters. And they subscribed: I, Aurelius, bishop of the church of Carthage consent to this decree and having read it sign my name. Likewise also signed they all.
Ancient Epitome of Canon CXXVII.
Whenever the bishops who come to synod can remain no longer in attendance, let three be chosen from each province.This is Canon 19,of Carthage, a.d. 418.
Johnson.
Two Sancti Senes mentioned, who we aresure were both primates. See can. 100 (104). See can. 14.
And here we have an ancient precedent for synods delegating their authority to a committee, with the primate of all Africa at the head of it.Item, at this council there was present a legation from the Roman Church.
After the consulate of the most glorious emperors Honorius for the XIIth. time and Theodosius for the VIIIth., Augusti, on the III. Calends of June, at Carthage, in the Secretarium of the restored basilica, when Aurelius the bishop together with Faustinus of the church of Potentia in the Italian province of Picenum, a legate of the Roman Church, Vincent of Calvita1 (Culositanus), Fortunatian of Naples, Marianus Uzipparen- sis, Adeodatus of Simidica, Pentadius of Carpi, Rufinian of Muzuba, Praetextatus of Sicily, Quodvultdeus of Veri (Verensis), Candidus of Abbirita, Gallonian of Utica, legates of the proconsular province; Alypius of Tagaste, Augustine of Hippo Regia and Posidonius of Calama, legates of the province of Numidia; Maximian of Aquae, Jocundus of Sufetula, and Hilary of Horrea-Cascilia, legates of the province of Byzacena; Novatus of Sitifi and Leo of Mocta, legates of the province of Mauritania Sitiphensis; Ninellus of Rusucarrum, Laurence of Icosium and Numerian of Rusgunium, legates of the Province of Mauritania Caesariensis, the judges chosen by the plenary council, had taken their seats, the deacons standing by, and when, after certain things had been accomplished, many bishops complained that it was not possible for them to wait for the completion of the rest of the business to be treated of, and that they must hasten to their own churches; it seemed good to the whole council, that by all some should be chosen from each province who should remain to finish up what was left to be done. And it came about that those were present whose subscriptions testify that they were present.
Canon CXXVIII).
(Greek cxxix). That those out of communion should not be allowed to bring accusation.
IT seemed good to all, as it had been decreed by the former councils, concerning what persons were to be admitted to bring accusations against clerics; and since it had not been expressed what persons should not be admitted, therefore we define, that he cannot properly be admitted to bring an accusation, who had been already excommunicated, and was still lying under that censure, whether he that wished to be the accuser were cleric or layman.
Notes.
Ancient Epitome OF Canon CXXVIII. One excommunicated is not to give witness.
The Council of Carthage of 419 had at its first session on May 25th done thus much.But when it met again on the 30th of the same month, it continued the code. The introduction in regard to this new session is this introduction. The Canons then enacted were original, viz. numbers 128, 129, 130, 131, 132 and 133.
Canon CXXIX).
(Greek cxxx). That slaves and freedmen and all infamous persons ought not to bring accusation.
To all it seemed good that no slaves or freedmen, properly so called, be admitted to accusation nor any of those who by the public laws are debarred from bringing accusation in criminal proceedings. This also is the case with all those who have the stain of infamy, that is actors, and persons subject to turpitudes, also heretics, or heathen, or Jews; but even all those to whom the right of bringing accusation is denied, are not forbidden to bring accusation in their own suits.
Notes.
7 ecumenical councils - XVII.