THE CANONS OF THE CCXVII BLESSED FATHERS WHO ASSEMBLED AT CARTHAGE.
COMMONLY CALLED
THE CODE OF CANONS OF THE AFRICAN CHURCH.
A.D. 419
AN ANCIENT INTRODUCTION.
(Found in Dionysius Exiguus, Codex Can. Migne, Pat. Lat., Tom. lxvii., col.
182.)
After the consulate of the most glorious emperors, Honorus for the twelfth
time and Theodosius for the eighth time, Augustuses, on the VIII. before the
Calends of June at Carthage, in the Secretarium of the basilica of Faustus,
when Pope Aurelius had sat down, together with Valentine of the primatial see
of the province of Numidia, and Faustinus of the Potentine Church, of the
Italian province Picenum, a legate of the Roman Church, and also with legates
of the different African provinces, that is to say, of the two Numidias, of
Byzacena, of Mauritania Caesariensis, as well as of Tripoli, and with Vincent
Colositanus, Fortunatian, and other bishops of the proconsular province, in
all two hundred and seventeen, also with Philip and Asellus, presbyters and
legates of the Roman Church, and while the deacons were standing by, Aurelius
the bishop said, etc., ut infra.
THE CANONS OF THE 217 BLESSED FATHERS WHO ASSEMBLED AT CARTHAGE.
(Labbe and Cossart: Concilia, Tom. II. Col. 1041; Dionysius Ex. Codex Can.
Eccles.[Migne, Pat. Lat., Tom. LXVII.]; Beveridge, Synodicon in lot.)
AURELIUS THE BISHOP said: You, most blessed brethren, remember that
after the day fixed for the synod we discussed many things while we were
waiting for our brethren who now have been sent as delegates and have arrived
at the present synod, which must be placed in the acts. Wherefore let us
render thanks to our Lord for the gathering together of so great an assembly.
It remains that the acts of the Nicene Synod which we now have, and have been
determined by the fathers, as well as those things enacted by our predecessors
here, who confirmed that same Synod, or which according to the same form have
been usefully enacted by all grades of the clergy, from the highest even to
the lowest, should be brought forward. The whole Council said: Let them be
brought forward.
Daniel the Notary read: The profession of faith or statutes of the Nicene
Synod are as follows.
And while he was speaking, Faustinus, a bishop of the people of Potentia,
of the Italian province of Picenum, a legate of the Roman Church said: There
have been entrusted to us by the Apostolic See certain things in writings, and
certain other things as in ordinances to be treated of with your blessedness
as we have called to memory in the acts above, that is to say, concerning the
canons made at Nice, that their decrees and customs be observed; for some
things are observed out of decree and canon, but some from custom. Concerning
these things therefore in the first place let us make enquiry, if it please
your blessedness; and afterwards let the other ordinances which have been
adopted or proposed be confirmed; so that you may be able to show by your
rescripts to the Apostolic See, and that you may declare to the same venerable
Pope, that we have diligently remembered these things; although the headings
of action taken had been already inserted in the acts. In this matter we
should act, as I have said above, as shall please your beloved blessedness.
Let, therefore the commonitorium come into the midst, that ye may be able to
recognize what is contained in it, so that an answer can be given to each
point.
Aurelius said: Let the commonitorium be brought forward, which our
brethren and fellow-ministers lately placed in the acts, and let the rest of
the things done or to be done, follow in order.
Daniel the Notary read the Commonitorium. To our brother Faustinus and to
our sons, the presbyters Philip and Asellus, Zosimus, the bishop. You well
remember that we committed to you certain businesses, and now [we bid you]
carry out all things as if we ourselves were there (for), indeed, our presence
is there with you; especially since ye have this our commandment, and the
words of the canons which for greater certainty we have inserted in this our
commonitory. For thus said our brethren in the Council of Nice when they made
these decrees concerning the appeals of bishops:
"But it seemed good that if a bishop had been accused, etc." [Here follows
verbatim Canon v. of Sardica.]
And when this had been read, Alypius, bishop of the Tagastine Church, and
legate of the province of Numidia, said: On this matter there has been some
legislation in
former sessions of our council, and we profess that we shall ever observe what
was decreed by the Nicene Council; yet I remember that when we examined the
Greek copies of this Nicene Synod, we did not find these the words quoted--Why
this was the case, I am sure I do not know. For this reason we beg your
reverence, holy Pope Aurelius, that, as the authentic record of the decrees of
the Council of Nice are said to be preserved in the city of Constantinople,
you would deign to send messengers with letters from your Holiness, and not
only to our most holy brother the bishop of Constantinople, but also to the
venerable bishops of Alexandria and Antioch, who shall send to us the decrees
of that council with the authentification of their signatures, so that
hereafter all ambiguity should be taken away, for we failed to find the words
cited by our brother Faustinus; notwithstanding this however we promise to be
ruled by them for a short time, as I have already said, until reliable copies
come to hand. Moreover the venerable bishop of the Roman Church, Boniface,
should be asked likewise to be good enough to send messengers to the
aforementioned churches, who should have the same copies according to his
rescript, but the copies of the aforementioned Nicene Council which we have,
we place in these Acts.
Faustinus the bishop, legate of the Roman Church, said: Let not your
holiness do dishonour to the Roman Church, either in this matter or in any
other, by saying the canons are doubtful, as our brother and fellow-bishop
Alypius has vouchsafed to say: but do you deign to write these things to our
holy and most blessed pope, so that he seeking out the genuine canons, can
treat with your holiness on all matters decreed. But it suffices that the most
blessed bishop of the city of Rome should make enquiry just as your holiness
proposes doing on your part, that there may not seem to have arisen any
contention between the Churches, but that ye may the rather be enabled to
deliberate with fraternal charity, when he has been heard from, what is best
should be observed.
Aurelius the bishop said: In addition to what is set down in the acts, we,
by the letters from our insignificance, must more fully inform our holy
brother and fellow-bishop Boniface of everything which we have considered.
Therefore if our plan pleases all, let us be informed of this by the mouth of
all. And the whole council said: It seems good to us.
Novatus the bishop, legate of Mauritania Sitifensis, said: We now call to
mind that there is contained in this commonitory something about presbyters
and deacons, how they should be tried by their own bishops or by those
adjoining, a provision which we find nothing of in the Nicene Council. For
this cause let your holiness order this part to be read.
Aurelius the bishop said: Let the place asked for be read. Daniel the
notary read as follows: Concerning the appeals of clergymen, that is of those
of inferior rank, there is a sure answer of this very synod, concerning which
thing what ye should do, we think should be inserted, as follows:
"Hosius the bishop said: I should not conceal what has come into my mind
up to this time. If any bishop perchance has been quickly angered (a thing
what should not happen) and has acted quickly or sharply against a presbyter
or a deacon of his, and has wished to drive him out of the Church, provision
should be made that the innocent be not condemned, or be deprived of
communion: he that has been ejected should have the right of appeal to the
bishops of the bordering dioceses, that his case should be heard, and it
should be carried on all the more diligently because to him who asks a hearing
it should not be denied. And the bishop who either justly or unjustly rejected
him, should patiently allow the affair to be, discussed, so that Iris sentence
be either approved or else emended, etc."
[This is the first part of Canon xiv. of Sardica, as the canon previously
quoted is Canon v. of the same synod.]
And when this had been read, Augustine, the bishop of the Church of Hippo
of the province of Numidia, said: We promise that this shall be observed by
us, provided that upon more careful examination it be found to be of the
Council of Nice. Aurelius the bishop said. If this also is pleasing to the
charity of you all, give it the confirmation of your vote. The whole Council
said: Everything that has been ordained by the Nicene Council pleases us all.
Jocundus, the bishop of the Church of Suffitula, legate of the province of
Byzacena, said: What was decreed by the Nicene Council cannot in any
particular be violated.
Faustinus the bishop, legate of the Roman Church, said: So far as has
developed by the confession of your holiness as well as of the holy Alypius,
and of our brother Jocundus, I believe that some of the points have been made
weak and others confirmed, which should not be the case, since even the very
canons themselves have been brought into question. Therefore, that there may
be harmony between us and your blessedness, let your holiness deign to refer
the matter to the holy and venerable bishop of the Roman Church, that he may
be able to consider whether what St. Augustine vouchsafed to enact, should be
conceded or not, I mean in the matter of appeals of the inferior grade. If
therefore there still is doubt, on this head it is right that the bishop of
the most blessed see be informed, if this can be found in the canons which
have been approved.
[ANCIENT EPITOME. Since the written decrees of the Nicene Council have not been found, let the Roman bishop deign to write to the bishop of Constantinople and to him of Alexandria, and let us know what he receives from them.]
Aurelius the bishop said: As we have suggested to your charity, pray allow
the copies of the statutes of the Nicene Council to be read and inserted in
the acts, as well as those things what have been most healthfully defined in
this city by our predecessors, according to the rule of that council, and
those which now have been ordained by us. And the whole council said: The
copies of the Creed, and the statutes of the Nicene Synod which formerly were
brought to our council through Caecilean of blessed memory, the predecessor of
your holiness (who was present at it), as well as the copies of the decrees
made by the Fathers in this city following them, or which now we have decreed
by our common consultation, shall remain inserted in these ecclesiastical
acts, so that (as has been already said) your blessedness may vouchsafe to
write to those most venerable men of the Church of Antioch, and of that of
Alexandria, and also of that of Constantinople, that they would send most
accurate copies of the decrees of the Council of Nice under the
authentification of their signatures, by which, the truth of the matter having
become evident, those chapters which in the commonitory our brother who is
present, and fellow-bishop Faustinus, as well as our fellow-presbyters Philip
and Asellus brought with them, if they be found therein, may be confirmed by
us; or if they be not found, we will hold a synod and consider the matter
further. Daniel the notary read the profession of faith of the Council of Nice
and its statutes to the African Council.
The Profession of Faith of the Nicene Council.
We believe in one God, etc., ... and in the Holy Ghost. But those who say,
etc., ... anathematize them.
The statutes also of the Nicene Council in twenty heads were likewise
read, as are found written before. Then what things were promulgated in the
African Synods, were inserted in the present acts.
CANON I.
That the statutes of the Nicene Council are to be scrupulously observed.
AURELIUS the bishop said: Such are the statutes of the Nicene Council,
which our fathers at that time brought back with them: and preserving this
form, let these things which follow, adopted and confirmed by us, be kept
firm.
CANON II.
Of Preaching the Trinity.
THE whole Council said: By the favour of God, by a unanimous confession
the Church's faith which through us is handed down should be confessed in this
glorious assembly before anything else; then the ecclesiastical order of each
is to be built up and strengthened by the consent of all. That the minds of
our brethren and fellow bishops lately elevated may be strengthened, those
things should be propounded which we have certainly received from our fathers,
as the unity of the Trinity, which we retain consecrated in our senses, of the
Father, and of the Son, and of the Holy Ghost, which has no difference, as we
say, so we shall instruct the people of God. Moreover by all the bishops
lately promoted it was said: So we openly confess, so we hold, so we teach,
following the Evangelic faith and your teaching.
CANON III.
Of Continence.
AURELIUS the bishop said: When at the past council the matter on
continency and chastity was considered, those three grades, which by a sort of
bond are joined to chastity by their consecration, to wit bishops, presbyters,
and deacons, so it seemed that it was becoming that the sacred rulers and
priests of God as well as the Levites, or those who served at the divine
sacraments, should be continent altogether, by which they would be able with
singleness of heart to ask what they sought from the Lord: so that what the
apostles taught and antiquity kept, that we might also keep.
CANON IV.
Of the different orders that should abstain from their wives.
FAUSTINUS, the bishop of the Potentine Church, in the province of Picenum,
a legate of the Roman Church, said: It seems good that a bishop, a presbyter,
and a deacon, or whoever perform the sacraments, should be keepers of modesty
and should abstain from their wives.
By all the bishops it was said: It is right that all who serve the altar
should keep pudicity from all women.
CANON V.
Of Avarice.
AURELIUS, the bishop, said: The cupidity of avarice (which, let no one
doubt, is the mother of all evil things), is to be henceforth prohibited, lest
anyone should usurp another's limits, or for gain should pass beyond the
limits fixed by the fathers, nor shall it be at all lawful for any of the
clergy to receive usury of any kind. And those new edicts (suggestiones) which
are obscure and generally ambiguous, after they have been examined by us, will
have their value fixed (formam accipiunt); but with regard to those upon which
the Divine Scripture hath already most plainly given judgment, it is
unnecessary that further sentence should be pronounced, but what is already
laid down is to be carried out. And what is reprehensible in laymen is worthy
of still more severe censure in the clergy. The whole synod said: No one hath
gone contrary to what is said in the Prophets and in the Gospels with
impunity.
CANON VI.
That the chrism should not be made by presbyters.
FORTUNATUS the bishop, said: In former councils we remember that it was
decreed that the chrism or the reconciliation of penitents, as also the
consecration of virgins be not done by presbyters: but should anyone be
discovered to have done this, what ought we to decree with regard to him?
Aurelius the bishop said: Your worthiness has heard the suggestion of our
brother and fellow-bishop Fortunatus; What answer will you give?
And all the bishops replied: Neither the making of the chrism, nor the
consecration of virgins, is to be done by presbyters, nor is it permitted to a
presbyter to reconcile anyone in the public mass (in publica missa), this is
the pleasure of all of us.
[Du Pin observes, That this is one of the first monuments where the name of
"mass" occurs to signify the public prayers, which the church made at offering
the Eucharist.]
CANON VII.
Concerning those who are reconciled in peril of death.
AURELIUs the bishop said: If anyone had fallen into peril of death during
the absence of the bishop, and had sought to reconcile himself to the divine
altars, the presbyter should consult the bishop, and so reconcile the sick man
at his bidding, which thing we should strengthen with healthy counsel. By all
the bishops it was said: Whatever your holiness has taught us to be necessary,
that is our pleasure.
CANON VIII.
Of those who make accusation against an elder; and that no criminal is to
be suffered to bring a charge against a bishop.
NUMIDIUS, the bishop of Maxula, said: Moreover, there are very many, not
of good life, who think that their elders or bishops should be the butt for
accusation; ought such to be easily admitted or no? Aurelius the bishop said:
Is it the pleasure of your charity that he who is ensnared by divers
wickednesses should have no voice of accusation against these?
All the bishops said: If he is criminous, his accusation is not to be
received.
CANON IX.
Of those who on account of their deeds are justly cast forth from the
congregation of the Church.
AUGUSTINE the bishop, the legate of the Numidian province, said: Deign to
enact that if any perchance have been rightly on account of their crimes cast
forth from the Church, and shall have been received into communion by some
bishop or presbyter, such shall be considered as guilty of an equal crime with
them who flee away from the judgment of their own bishop. And sit the bishops
said: This is the pleasure of all of us.
CANON X.
Of presbyters who are corrected by their own bishops.
ALYPIUS the bishop, a legate of the province of Numidia, said: Nor should
tiffs be passed over; if by chance any presbyter when corrected by his bishop,
inflamed by self-conceit or pride, has thought fit to offer sacrifices to God
separately [from the authority of the bishop] or has believed it right to
erect another altar, contrary to ecclesiastical faith and discipline, such
should not get off with impunity. Valentine, of the primatial see of the
province of Numidia, said: The propositions made by our brother Alypius are of
necessity congruous to ecclesiastical discipline and faith; therefore enact
what seems good to your belovedness.
CANON XI.
If any presbyter, inflated against his bishop, makes a schism, let him be
anathema.
ALL the bishops said: If any presbyter shall have been corrected by his
superior, he should ask the neighbouring bishops that his cause be heard by
them and that through them he may be reconciled to his bishop: but if he shall
not have done this, but, puffed up with pride, (which may God forbid!) he
shall have thought it proper to separate himself from the communion of his
bishop, and separately shall have offered the sacrifice to
God, and made a schism with certain accomplices, let him be anathema, and let
him lose his place; and if the complaint which he brought against his bishop
shall [not] have been found to be well founded, an enquiry should be
instituted.
CANON XII.
If any bishop out of Synod time shall have fallen under accusation, let
his cause be heard by 12 bishops.
FELIX the bishop, said: I suggest, according to the statutes of the
ancient councils, that if any bishop (which may God forbid!) shall have fallen
under any accusation, and there shall have been too great necessity to wait
for the summoning of a majority of the bishops, that he may not rest under
accusation, let his cause be heard by 12 bishops; and let a presbyter be heard
by six bishops with his own bishop, and a deacon shall be heard by three.
CANON XIII.
That a bishop should not be ordained except by many bishops, but if there
should be necessity he may be ordained by three.
BISHOP AURELIUS said: What says your holiness on this matter? By all the
bishops it was answered: The decrees of the ancients must be observed by us,
to wit, that without the consent of the Primate of any province even many
bishops assembled together should not lightly presume to ordain a bishop. But
should there be a necessity, at his bidding, three bishops should ordain him
in any place they happen to be, and if anyone contrary to his profession and
subscription shall come into any place he shall thereby deprive himself of his
honour.
[NOTE: He that was called a Metropolitan in other Churches was a Primate in Africa.]
CANON XIV.
That one of the bishops of Tripoli should come as legate, and that a
presbyter might be heard there by five bishops.
IT also seemed good that one bishop from Tripoli, on account of the
poverty of the province, should come as a legation, and that there a presbyter
might be heard by five bishops, and a deacon by three, as has been noted
above, his own bishop presiding.
CANON XV.
Of the divers orders who serve the Church, that if any one fall into a
criminal business and refused to be tried by the ecclesiastical court, he
ought to be in danger therefor; and that the sons of bishops (sacerdotum) are
not to attend worldly shows.
MOREOVER it seemed good that if any bishop, presbyter, or deacon, who had
a criminal charge brought against him or who had a civil cause, refused to be
tried by the ecclesiastical tribunal, but wished to be judged by the secular
courts, even if he won his suit, nevertheless he should lose his office.
This is the law in a criminal suit; but in a civil suit he shall lose that
for the recovery of which he instituted the proceedings, if he wishes to
retain his office.
This also seemed good, that if from some ecclesiastical judges an appeal
was taken to other ecclesiastical judges who had a superior jurisdiction, this
should in no way injure the reputation of those from whom the appeal was
taken, unless it could be shown that they had given sentence moved by hatred
or some other mental bias, or that they had been in some way corrupted. But if
by the consent of both parties judges had been chosen, even if they were fewer
in number than is specified, no appeal can be taken.
And [it seemed good] that the sons of bishops should not take part in nor
witness secular spectacles. For this has always been forbidden to all
Christians, so let them abstain from them, that they may not go where cursing
and blasphemy are to be found.
CANON XVI.
That no bishop, presbyter or deacon should be a "conductor;" and that
Readers should take wives; and that the clergy should abstain from usury; and
at what age they or virgins should be consecrated.
LIKEWISE it seemed good that bishops, presbyters, and deacons should not
be "conductors" or "procurators;" nor seek their food by any base and vile
business, for they should remember how it is written, "No man fighting for God
cumbereth himself with worldly affairs."
Also it seemed good that Readers when they come to years of puberty,
should be compelled either to take wives or else to profess continence.
Likewise it seemed good that if a clergyman had lent money he should get
it back again, but if kind (speciem) he should receive back the same kind as
he gave.
And that younger than twenty-five years deacons should not be ordained,
nor virgins consecrated.
And that readers should not salute the people.
CANON XVII.
That any province on account of its distance, may have its own Primate.
IT seemed good that Mauretania Sitiphensis, as it asked, should have a
Primate of its own, with the consent of the Primate of Numidia from whose
synod it had been separated. And with the consent of all the primates of
the African Provinces and of all the bishops permission was given, by reason
of the great distance between them.
[N.B. From this place forward the Latin and Greek numeration varies; but Justellus's Edition in Greek and Latin follows the Latin division.]
CANON XVIII. (Gk. xviii. The Latin caption is the canon of the Greek.)
If any cleric is ordained he ought to be admonished to observe the
constitutions.
And that neither the Eucharist nor Baptism: should be given to the bodies
of the dead.
And that every year in every province the Metropolitans come together in
synod.
(Gk. Canon xix.)
It seemed good that before bishops, or clerics were ordained, the
provisions of the canons should be brought to their notice, lest, they might
afterwards repent of having through ignorance acted contrary to law.
(Gk. Canon xx.)
It also seemed good that the Eucharist should not be given to the bodies
of the dead. For it is written: "Take, Eat," but the bodies of the dead can
neither "take" nor "eat." Nor let the ignorance of the presbyters baptize
those who are dead.
(Gk. Canon xxi.)
And therefore in this holy synod should be, confirmed in accordance with
the Nicene decrees, on account of Ecclesiastical causes, which often are
delayed to the injury of the people, that every year there should be a synod,
to which all, who are primates of the provinces, should send bishops as
legates, from their own synods, two or as many as they choose; so that when
the synod meets it may have full power to act.
CANON XIX. (Greek xxii.)
That if any bishop is accused the cause should be brought before the
primate of his own province.
AURELIUS, the bishop, said: Whatever bishop is accused the accuser shall
bring the case before the primates of the province to which the accused
belongs, and he shall not be suspended from communion by reason of the crime
laid to Iris charge unless he fails to put in an appearance on the appointed
day for arguing his cause before the chosen judges, having been duly summoned
by the letters; that is, within the space of one month from the day in which
he, is found to have received the letters. But should he be able to prove any
true necessity which manifestly rendered it impossible for him to appear, he
shall have the opportunity of arguing his case within
another full month; but after the second month he shall not communicate until
he is acquitted.
But if he is not willing to come to the annual general council, so that
his cause may there be terminated, he himself shall be judged to have
pronounced the sentence of his own condemnation at the time in which he does
not communicate, nor shall he communicate either in his own church or diocese.
But his accuser, if he has not missed any of the days for pleading the
cause, shall not be shut out from communion; but if he has missed some of
them, withdrawing himself, then the bishop shall be restored to communion and
the accuser shall be removed from communion; so, nevertheless, that the
possibility of going on with the case be not taken from him, if he shall prove
that his absence was caused by lack of power and not by lack of will.
And this is enacted, that if the accuser turn out to be himself a criminal
when the case against the bishop has come to argument, he shall not be allowed
to testify unless he asserts that the causes are personal and not
ecclesiastical.
CANON XX. (Greek xxiii.)
Of accused presbyters or clerks.
BUT if presbyters or deacons shall have been accused, there shall be
joined together from the neighbouring places with the bishop of tile diocese,
the legitimate number of colleagues, whom the accused shall seek from the
same; that is together with himself six in the case against a presbyter, in
that against a deacon three. They shall discuss the causes, and the same form
shall be kept with regard to days and postponements and removals from
communion, and in the discussion of persons between the accusers and the
accused.
But the causes of the rest of the clergy, the bishop of the place shall
take cognizance of and determine alone.
CANON XXI. (Greek xxiv.)
That the sons of clergymen are not to be joined in marriage with heretics.
LIKEWISE it seemed good that the sons of clergymen should not be joined in
matrimony with gentiles and heretics.
CANON XXII. (Greek xxv.)
That bishops or other clergymen shall give nothing to those who are not
Catholics.
AND that to those who are not Catholic Christians, even if they be blood
relations, neither bishops nor clergymen shall give anything at all by way of
donation of their possessions.
CANON XXIII. (Greek xxvi.)
That bishops shall not go across seas.
ITEM, That bishops shall not go beyond seas without consulting the bishop
of the primatial see of his own province: so that from him they may be able to
receive a formed or commendatory letter.
CANON XXIV. (Greek xxvii.)
That nothing be read in church besides the Canonical Scripture.
ITEM, that besides the Canonical Scriptures nothing be read in church
under the name of divine Scripture.
But the Canonical Scriptures are as follows:
Genesis
Exodus
Leviticus
Numbers
Deuteronomy
Joshua the Son of Nun
The Judges
Ruth
The Kings (4 books)
The Chronicles (2 books)
Job
The Psalter
The Five books of Solomon
The Twelve Books of the Prophets
Isaiah
Jeremiah
Ezechiel
Daniel
Tobit
Judith
Esther
Ezra (2 books)
Macchabees (2 books)
The New Testament:
The Gospels (4 books)
The Acts of the Apostles (1 book)
The Epistles of Paul (14)
The Epistles of Peter, the Apostle (2)
The Epistles of John the Apostle (3)
The Epistles of James the Apostle (1)
The Epistle of Jude the Apostle (1)
The Revelation of John (1 book)
Let this be sent to our brother and fellow bishop, [Pope] Boniface, and to the
other bishops of those parts, that they may confirm this canon, for these are
the things which we have received from our fathers to be read in church.
[This is Canon xxxvj. of Hippo., 393. The last phrase allowing the reading of the "passions of the Martyrs" on their Anniversaries is omitted from the African code.]
CANON XXV. (Greek xxviii.)
Concerning bishops and the lower orders who wait upon the most holy
mysteries. It has seemed good that these abstain from their wives.
AURELIUS, the bishop, said: We add, most dear brethren, moreover, since we
have heard of the incontinency of certain clerics, even of readers, towards
their wives, it seemed good that what had been enacted in divers councils
should be confirmed, to wit, that subdeacons who wait upon the holy mysteries,
and deacons, and presbyters, as well as bishops according to former
statutes, should contain from their wives, so that they should be as though
they had them not and unless they so act, let them be removed from office. But
the rest of the clergy are not to be compelled to this, unless they be of
mature age. And by the whole council it was said: What your holiness has said
is just, holy, and pleasing to God, and we confirm it.
CANON XXVI. (Greek xxix.)
That no one should take from the possessions of the Church.
Likewise it seemed good that no one should sell anything belonging to the
Church: that if there was no revenue, and other great necessity urged thereto,
this might be brought before the Metropolitan of the province that the might
deliberate with the appointed number of bishops whether this should be done:
that if such urgent necessity lay upon any church that it could not take
counsel beforehand, at least let it call together the neighbouring bishops as
witnesses, taking care to refer all the necessities of his church to the
council: and that if he shall not do this, he shall be held as responsible
toward God, and as a seller in the eye of the council, and he shall have lost
thereby his honour.
CANON XXVII. (Greek xxx.)
Presbyters and deacons convicted of the graver crimes shall not receive
laying on of hands, like layman.
IT also was confirmed that if presbyters or deacons were convicted of any
of the greater crimes on account of which it was necessary that they should be
removed from the ministry, that hands should not be laid upon them as upon
penitents, or as upon faithful layman, nor should it be permitted that they be
baptized over again and then advanced to the clerical grade.
CANON XXVIII. (Greek xxxi.)
Presbyters, deacons, or clerics, who shall think good to carry appeals in
their causes across the water shall not at all be admitted to communion.
IT also seemed good that presbyters, deacons, and others of the inferior
clergy in the causes which they had, if they were dissatisfied with the
judgments of their bishops, let the neighbouring bishops with the consent of
their own bishop hear them, and let the bishops who have been called in judge
between them: but if they think they have cause of appeal from these, they
shall not betake themselves to judgments from beyond seas, but to the primates
of their own provinces, or else to an universal council, as has also been
decreed concerning bishops. But whoso shall think good to carry an appeal
across the water shall be received to communion by no one within the
boundaries of Africa.
CANON XXIX. (Greek xxxii.)
If anyone who is excommunicated shall receive communion before his cause
is heard he brings damnation on himself.
LIKEWISE it pleased the whole Council that he who shah have been
excommunicated for any neglect, whether he be bishop, or any other cleric, and
shall have presumed while still under sentence, and his cause not yet heard,
to receive communion, he shall be considered by so doing to have given
sentence against himself.
CANON XXX. (Greek xxxiii.)
Concerning the accused or accuser.
LIKEWISE it seemed good that the accused, or the accusor, if (living in
the same place as the accused) he fears some evil may be done him by the
tumultuous multitude, may choose for himself a place near by, where the cause
may be determined, and where there will be no difficulty in producing the
witnesses.
CANON XXXI. (Greek xxxiv.)
If certain clerics advanced by their own bishops are supercilious, let
them not remain whence they are unwilling to come forth.
IT also seemed good that whoever of the clergy or of the deacons would not
help the bishop in the necessities of the churches, when he wished to lift
them to a higher position in his diocese, should no longer be allowed to
exercise the functions of that grade from which they were not willing to be
removed.
CANON XXXII. (Greek xxxv.)
If any poor cleric, no matter what his rank may be, shall acquire any
property, it shall be subject to the power of the bishop.
IT also seemed good that bishops, presbyters, deacons and any other of the
clergy, who when they were ordained had no possessions, and in the time of
their episcopate or after they became clerics, shall purchase in their own
names lands or any other property, shall be held guilty of the crime of
intrenching upon the Lord's goods, unless, when they are admonished to do so,
they place the same at the disposal of the Church. But should anything come to
them personally by the liberality of anyone, or by succession from some
relative, let them do what they will with it; if, however, they demand it back
again, contrary to what they proposed, they shall be judged unworthy of
ecclesiastical honour as back-sliders.
CANON XXXIII. (Greek xxxvi.)
That presbyters should not sell the goods of the Church in which they are
constituted; and that no bishop can rightly use anything the title to which
vests in the ecclesiastical maternal centre (matrikos).
It also seemed good that presbyters should not sell the ecclesiastical
property where they are settled without their bishop's knowledge; and it is
not lawful for bishops to sell the goods of the Church without the council or
their presbyters being aware of it. Nor should the bishop without necessity
usurp the property of the maternal (matricis) Church [nor should a presbyter
usurp the property of his own cure (tituli)].
CANON XXXIV. (Greek xxxvii.)
That nothing of those things enacted in the Synod of Hippo is to be corrected.
BISHOP EPIGONIUS said: In this summary (Breviarium) which was adopted at
the Synod of Hippo, we think nothing should be amended, nor anything added
thereto except that the day on which the holy Feast of Easter falls should be
announced in Synod.
CANON XXXV. (Greek xxxviii.)
That bishops or clergymen should not easily set free their sons.
That bishops or clerics should not easily let their children pass out of
their power; unless they were secure of their morals and age, that their own
sins may pertain to them.
CANON XXXVI. (Greek xxxix.)
That bishops or clergymen are not to be ordained unless they have made all
their family Christians.
NONE shall be ordained bishop, presbyters, or deacons before all the
inmates of their houses shall have become Catholic Christians.
CANON XXXVII. (Greek xl.)
It is not lawful to offer anything in the Holy Mysteries except bread and
wine mixed with water.
IN the sacraments of the body and blood of the Lord nothing else shall be
offered than that which the Lord himself ordained, that is to say, bread and
wine mixed with water. But let the first-fruits, whether honey or milk, be
offered on that one most solemn day, as is wont, in the mystery of the
infants. For although they are offered on the altar, let them have
nevertheless their own benediction, that they may be distinguished from the
sacraments of the Lord's body and blood; neither let there be offered as
first-fruits anything other than grapes and corns.
CANON XXXVIII. (Greek xli.)
That clerics or those who are continent shall not visit virgins or widows.
NEITHER clerics nor those who profess continence should enter the houses
of widows or virgins without the bidding or consent of the bishops or
presbyters: and then let them not go alone, but with some other of the clergy,
or with those assigned by the bishop or presbyter for this purpose; not even
bishops and presbyters shall go alone to women of this sort, except some of
the clergy are present or some other grave Christian men.
CANON XXXIX. (Greek xlii.)
That a bishop should not be called the chief of the priests.
THAT the bishop of the first see shall not be called Prince of the Priests
or High Priest (Summus Sacerdos) or any other name of this kind, but only
Bishop of the First See.
CANON XL. (Greek xliii.)
Concerning the non-frequenting of taverns by the clergy, except when
travelling.
THAT the clergy are not to enter taverns for eating or drinking, nor
unless compelled to do so by the necessity of their journey.
CANON XLI. (Greek xliv.)
That by men who are fasting sacrifices are to be offered to God.
THAT the Sacraments of the Altar are not to be celebrated except by those
who are fasting, except on the one anniversary of the celebration of the
Lord's Supper; for if the commemoration of some of the dead, whether bishops
or others, is to be made in the afternoon, let it be only with prayers, if
those who officiate have already breakfasted.
CANON XLII. (Greek xiv.)
Concerning the not having feasts under any circumstances in churches.
THAT no bishops or clerics are to hold feasts in churches, unless
perchance they are forced thereto by the necessity of hospitality as they pass
by.The people, too, as far as possible, are to be prohibited from attending
such feasts.
CANON XLIII. (Greek xlvi.)
Concerning penitents.
THAT to penitents the times of their penance shall be assigned by the will
of the bishop according to the difference of their sins; and that a presbyter
shall not reconcile a penitent without consulting the bishop, unless the
absence of the bishop urges him necessarily thereto. But when of any penitent
the offence has been public and commonly known, so as to have scandalized the
whole Church, he shall receive imposition of the hand before the altar (Lat.
"before the apse").
CANON XLIV. (Greek xlvii.)
Concerning Virgins.
THAT holy virgins when they are separated from their parents by whom they
have been wont to be guarded, are to be commended by the care of the bishop,
or presbyter where the bishop is absent, to women of graver age, so that
living with them they may take care of them, lest they hurt the reputation of
the Church by wandering about.
CANON XLV.
(Greek xlviii.)
Concerning those who are sick and cannot answer for themselves.
THAT the sick are to be baptized who cannot answer for themselves if their
[servants] shall have spoken at their own proper peril a testimony of the good
will [of the sick man].
(Greek Canon xlix.)
Concerning players who are doing penance and are converted to the Lord.
THAT to players and actors and other persons of that kind, as also to
apostates when they are converted and return to God, grace or
reconciliation is not to be denied.
CANON XLVI. (Greek I.)
Concerning the passions of the martyrs.
THE passions of the Martyrs may be read when their anniversary days are
celebrated.
CANON XLVII. (Greek li.)
Concerning [the Donatists and] the children baptized by the Donatists.
CONCERNING the Donatists it seemed good that we should hold counsel
with our brethren and fellow priests Siricius and Simplician concerning those
infants alone who are baptized by Donatists: lest what they did not do of
their own will, when they should be converted to the Church of God with a
salutary determination, the error of their parents might prevent their
promotion to the ministry of the holy altar.
But when these things had been begun, Honoratus and Urbanus, bishops of
Mauritania Sitifensis, said: When some time ago we were sent to your holiness, we
laid aside what things had been written on, this account, that we might wait
for the arrival of our brethren the legates from Numidia. But because not a
few days have passed in which they have been looked for and as yet they are
not arrived, it is not fitting that we should delay any longer the commands we
received from our brother-bishops; and therefore, brethren, receive our story
with alacrity of mind. We have heard concerning the faith of the Nicene
tractate: True it is that sacrifices are to be forbidden after breakfast, so
that they may be offered as is right by those who are fasting, and this has
been confirmed then and now.
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. Honoratus and Urban the
bishops said: This pleases us all, does it not? And all the bishops answered:
It is just, it pleases us.
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 assemble 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.
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 purge 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.
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, 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.
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 region could demand also, if occasion offered
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.
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.
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 [akaqosiwtos], 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: 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 constitute 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.
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 him 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.
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 aforesaid 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.
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 asked 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.
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, into judgment as a
witness, and that no person attached to any ecclesiastic be compelled to give
testimony.
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.
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, 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.
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 whatever, under pain of loss both of money and office, and let them order that
neither age nor sex be received as an excuse.
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.
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.
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.
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 corrected 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."
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 fortified 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.
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 be 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.
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.
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.
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.
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.
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.
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.
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.
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, 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.
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.
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.
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
confessed 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.
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.
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.
CANON LXXXII. (Greek lxxxv.)
Of manumissions.
ITEM, it seemed good that the Emperor be petitioned with regard to
announcing manumissions in church.
CANON LXXXIII. (Greek lxxxvi.)
Of false Memories of Martyrs.
ITEM, it seemed good that the altars which have been set up here and
there, in fields and by the wayside as Memories of Martyrs, in which no body
nor reliques of martyrs can be proved to have been laid up, should be
overturned by the bishops who rule over such places, if such a thing can be
done. But should this be impossible on account of the popular tumult it would
arouse, the people should none the less be admonished not to frequent such
places, and that those who believe rightly should be held bound by no
superstition of the place. And no memory of martyrs should at all be accepted,
unless where there is found the body or some reliques, on which is declared
traditionally and by good authority to have been originally his habitation, or
possession, or the scene of his passion. For altars which have been erected
anywhere on account of dreams or inane quasi-revelations of certain people,
should be in every way disapproved of.
CANON LXXXIV. (Greek lxxxvii.)
Of extirpating the remains of the idols.
ITEM, it seemed good to petition the most glorious Emperors that the
remains of idolatry not only in images, but in any places whatever or groves
or trees, should altogether be taken away.
CANON LXXXV. (Greek lxxviii.)
That by the bishop of Carthage, when there shall be need, letters shall be
written and subscribed in the name of all the bishops.
IT was said by all the bishops: If any letters are to be composed in the
name of the council it seemed good that the venerable bishop who presides over
this See should vouchsafe to dictate and sign them in the name of all, among
which also are those to the episcopal legates, who are to be sent throughout
the African provinces, in the matter of the Donatists; and it seemed good that
the letters given them should contain the tenor of the mandate which they are
not to go beyond. And they subscribed: I, Aurelius, bishop of the church of
Carthage have consented to this decree and having read it have signed it.
Likewise all the rest of the bishops subscribed.
CANON LXXXVI. (Greek lxxix.)
Of the order of bishops, that those ordained more recently do not dare to
take precedence of those ordained before them.
VALENTINE, the bishop, said: If your good patience will permit, I follow
the things which were done in time past in the Church of Carthage, and which
were illustrious having been confirmed by the subscriptions of the brethren,
and I profess that we
intend to preserve this. For this we know, that ecclesiastical discipline has
always remained inviolate: therefore let none of the brethren dare to place
himself before those ordained earlier than himself; but by the offices of
charity this has always been shewn to those ordained earlier, which always
should be accepted joyfully by those ordained more recently. Let your holiness
give command that this order be strengthened by your interlocutions. Aurelius,
the bishop, said: It would not be fitting that we should repeat these things,
were it not for the existence of certain inconsiderate minds, which would
induce us to making such statutes; but this is a common cause about which our
brother and fellow bishop has spoken, that each one of us should recognize the
order decreed to him by God, and that the more recent should defer to the
earlier ordained, and they should presume to do nothing when these have not
been consulted. Wherefore I say, now that I think of it, that they who think
they may presume to take precedence over those ordained before them, should be
coerced suitably by the great council. Xantippus, bishop of the first see of
Numidia, said: All the brethren present have heard what our brother and fellow
bishop Aurelius has said, what answer o we make? Datian, the bishop, said: The
decrees made by our ancestors should be strengthened by our assent, so that
the action taken by the Church of Carthage in past synods should hold fast,
being confirmed by the full assent of all of us. And all the bishops said:
This order has been preserved by our fathers and by our ancestors, and shall
be preserved by us through the help of God, the rights of the primacy of
Numidia and of Mauritania being kept intact.
Of the archives and matricula of Numidia.
Moreover it seemed good to all the bishops who subscribed in this council
that the matricula and the archives of Numidia should be at the first see and
in the Metropolis, that is Constantina.
CANON LXXXVII. (Greek xc.)
Concerning Quodvultdeus, the bishop.
IN the case of Quodvultdeus of Centuria, it pleased all the bishops that
no one should communicate with him until his cause should be brought to a
conclusion, for his accuser when he sought to bring the cause before our
council, upon being asked whether he was willing with him to be tried before
the bishops, at first said that he was, but on another day answered that he
was not willing, and went away. Under these circumstances to deprive him of
his bishoprick, before the conclusion of his cause was known, could commend
itself to no Christian as a just act.
CANON LXXXVIII. (Greek xci.) Of Maximian, the bishop.
But in the case of Maximian of Vagai it seemed good that letters be
sent from the council both to him and to his people; that he should vacate the
bishoprick, and that they should request another to be appointed for them.
CANON LXXXIX. (Greek xcii.)
That bishops who are ordained shall receive letters from their ordainers
bearing the date and the name of the consul.
IT further seemed good that whoever thereafter should be ordained by the
bishops throughout the African provinces, should receive from their ordainers
letters, written in their own hands, containing the name of the consul and the
date, that no altercation might arise concerning which were ordained first and
which afterwards.
CANON XC. (Greek xciii.)
Of those who have once read in church, that they cannot be advanced by others.
ITEM, it seemed good that whoever in church even once had read should not
be admitted to the ministry (clericatum) by another church.
And they subscribed: I, Aurelius, bishop of the Church of Carthage, have
consented to this decree, and, having read it, have signed it. Likewise also
the rest of the bishops signed.
CANON XCI. (Greek xciv.)
Of holding meetings with the Donatists.
Aurelius, the bishop, said: What has come out in the handling of your
charity, I think this should be confirmed by ecclesiastical acts. For the
profession of all of you shews that each one of us should call together in his
city the chiefs of the Donatists either alone and with one of his neighbour
bishops, so that in like manner in the different cities and places there
should be meetings of them assembled by the magistrates or seniors of the
places. And let this be made an edict if it seems good to all. And all the
bishops said: It seems good to all, and we all have confirmed this with our
subscription. Also we desire that your holiness sign the letters to be sent
from the council to the judges. Aurelius, the bishop, said: If it seems good
to your charity, let the form of summoning them be read, in order that we all
may hold the same tenour of proceeding. All the bishops said: Let it be read.
Laetus the Notary read.
CANON XCII. (Greek xcv.) Form of convening the Donatists.
THAT bishop of that church said: What by the authority of that most ample
see we shall have impetrated, we ask your gravity to have read, and that you
order it to be joined to the acts and carried into effect. When the jussio had
been read and joined to the acts, the bishop of the Catholic Church, said:
Vouchsafe to listen to the mandate to be sent through your gravity to the
Donatists, and to insert it in the acts, and to carry it to them, and informs
us in your acts of their answer. "We, sent by the authority of our Catholic
Council, have called you together, desiring to rejoice in your correction,
bearing in mind the charity of the Lord who said: Blessed are the peacemakers,
for they shall be called the children of God; and moreover he admonished
through the prophet those who say they are not our brothers, that we ought to
say: Ye are our brethren. Therefore you ought not to despise this pacific
commonitory coming of love, so that if ye think we have any part of the truth,
ye do not hesitate to say so: that is, when your council is gathered together,
ye delegate of your number certain to whom you intrust the statement of your
case; so that we may be able to do this also, that there shall be delegated
from our Council who with them delegated by you may discuss peacefully, at a
determined place and time, whatever question there is which separates your
communion from us; and that at length the old error may receive an end through
the assistance of our Lord God, lest through the animosity of men, weak souls,
and ignorant
people should perish by sacrilegious dissension. But if ye shall accept this
proposition in a fraternal spirit, the truth will easily shine forth, but if
ye are not willing to do this, your distrust will be easily known." And when
this had been read, all the bishops said: This pleases us well, so let it be.
And they subscribed: I, Aurelius, bishop of the Carthaginian Church, have
consented to this decree, and having read it, have subscribed it. Likewise
also the rest of the bishops signed.
This synod sent a legation to the Princes against tits Donatists.
The most glorious emperor Honorius Augustus, being consul for the sixth
time, on the Calends of July, at Carthage in the basilica of the second
region. In this council Theasius and Evodius received a legation against the
Donatists. In this council was inserted the commonitorium which follows.
CANON XCIII. (Greek xcvi.)
The character of the Commonitory which the legates received against the
Donatists.
THE Commonitorium for our brothers Theasius and Evodius, sent as legates
from the Council of Carthage to the most glorious and most religious princes.
When by the help of the Lord they are come into the presence of the most pious
princes, they shall declare to them with what fulness of confidence, according
to the direction of the council of the year before, the prelates of the
Donatists had been urged by the municipal authority to assemble, in order that
if they really meant their professions, they might by fit persons chosen from
their number, enter into a peaceful conference with us in Christian meekness,
and whatever they held as truth they might not hesitate to declare it frankly;
so that from such conference the sincerity of the Catholic position, which has
been conspicuous for so long a time, might be perceived even by those who from
ignorance or obstinacy were opposing themselves to it. But deterred by their
want of confidence they scarcely ventured to reply. And forsooth, because we
had discharged toward them the offices which become bishops and peacemakers,
and they had no answer to make to the truth, they betook themselves to
unreasonable acts of brute force, and treacherously oppressed many of the
bishops and clergy, to say nothing of the laity. And some of the churches they
actually invaded, and tried to assault still others.
And now, it behoves the gracious clemency of their Majesties to take
measures that the Catholic Church, which has begotten them as worshippers of
Christ in her womb, and has nourished them with the strong meat of the faith,
should by their forethought, be defended, lest violent men, taking advantage
of the times of religious excitement, should by fear overcome a weak people,
whom by argument they were not able to pervert. It is well known how often the
vile gatherings (detestabilis manus) of the Circumcelliones have been
forbidden by the laws, and also condemned by many decrees of the Emperors,
their majesties most religious predecessors. Against the madness of these
people it is not unusual nor contrary to the holy Scriptures to ask for
secular [qeias] in the Greek] protection, since Paul the
Apostle, as is related in the authentic Acts of the Apostles, warded off a
conspiracy of certain lawless men by the help of the military. Now then we ask that there be extended to the Catholic Churches, without
any dissimulation, the protection of the ordinum [i.e. companies of soldiers,
stationed] in each city, and of the holders of the suburban estates in the
various places. At the same time it will be necessary to ask that they
give commandment that the law, set forth by their father Theodosius, of pious
memory, which imposed a fine of ten pounds of gold upon both the ordainers and
the ordained among heretics, and which was also directed against proprietors
at whose houses conventicles were held, be confirmed anew; so that it may be
effective with persons of this sort when Catholics, provoked by their wiles,
shall lay complaint against them; so that through fear at least, they may
cease from making schisms and from the wickedness of the heretics, since they
refuse to be cleansed and corrected by the thought of the eternal punishment.
Let request be also made that the law depriving heretics of the power of
being able to receive or bequeath by gift or by will, be straightway renewed
by their Piety, so that all right of giving or receiving may be taken away
from those who, blinded by the madness of obstinacy, are determined to
continue in the error of the Donatists.
With regard to those who by considerations of unity and peace are willing
to correct themselves, let permission be granted to them to receive their
inheritance, the law notwithstanding, even though the bequest by gift or
inheritance was made while they were yet living in the error of the heretics;
those of course being excepted, who under the stress of legal proceedings have
sought to enter the Catholic Church; for it may well be supposed, that persons
of this latter sort desired Catholic unity, not so much from fear of the
judgment of heaven, as from the greed of earthly gain.
For the furtherance of all these things the help of the Powers
(Porestatum) of each one of the provinces is needed. With regard to other
matters, whatever they shall perceive is for the Church's interests, this we
have resolved that the legation have full authority to do and to carry into
effect. Moreover it seemed good to us all, that letters from our assembly
should be sent to the most glorious Emperors and most Excellent Worthinesses,
whereby they may be assured of the agreement of us all that the legates should
be sent by us to their most blessed court.
Since it is a very slow business for us all to set our names to these
letters, and in order that they may not be burdened with the signature of each
one of us, we desire thee, brother Aurelius, that thy charity be good enough
to sign them in the name of us all. And to this they all agreed.
I, Aurelius, Bishop of the Church of Carthage have consented to this
decree and have subscribed my name. And so all the other bishops subscribed.
Letters ought likewise to be sent to the judges that, until the lord
permit the legates to return to us, they give protection through the soldiers
of the cities, and through the holders of the farms of the Catholic Church. It
ought also to be added concerning the dishonest Equitius, which he had shewn
by laying claim to the jus sacerdotum, that he be rejected from the diocese of
Hippo according to the statutes of the Emperors. Letters ought also to be sent
to the Bishop of the Church of Rome in commendation of the legates, and to the
other Bishops who may be where the Emperor is. To this they assented.
Likewise I, Aurelius, Bishop of the Church of Carthage, have consented to
this decree, and having read it, have set my name to it.
And all the other bishops likewise subscribed.
CANON XCIV. (Greek xcvii.) Summary of Chapters.
THAT a free delegation be sent to the council from all the provinces to
Mizoneum. Legates and letters were ordered to be sent for the purpose of
directing the free legation: that became the unity had been made only at
Carthage, letters should also be given to the judges, that they might order in
the other provinces and cities the work of union to be proceeded with, and the
thanksgivings of the Church of Carthage for the whole of Africa concerning the
exclusion of the Donatists should be sent with the letters of the bishops to
Court (ad Comitatum).
The letters of Pope Innocent were read: that bishops ought not readily to
carry causes across seas, and this very thing was confirmed by the judgment of
the bishops themselves; that on account of thanksgiving and the exclusion of
the Donatists, two clerics of the Church of Carthage should be sent to Court.
CANON XCV. (Greek xcviii.)
An universal council to be held only when necessary.
IT seemed good that there should be no more the yearly necessity of
fatiguing the brethren; but as often as common cause, that is of the whole of
Africa, demands, that letters shall be given on every side to that see in this
matter, that a synod should be gathered in that province, where the
desirability of it induces; but let the causes which are not of general
interest be judged in their own provinces.
CANON XCVI. (Greek xcix.)
That from judges who have been chosen, no appeals may be taken.
IF an appeal be taken, let him who makes it choose the judges, and with
him he also against whom the appeal is taken; and from their decision no
appeal may be made.
Concerning the delegates of the different provinces.
When all the delegates of the different provinces came together, they have
been most graciously received, that is those of the Numidians, Byzacenes,
Stifensian Moors, as well as Caesarians and Tripolitans.
Concerning the executors of Churches.
It has seemed good moreover that the appointment of five executors should
be asked for in all matters pertaining to the necessities of the Church, who
shall be portioned off in the different provinces.
CANON XCVII. (Greek c.)
That there be sought from the Emperor the protection of Advocates in causes
ecclesiastical.
IT seemed good that the legates who were about leaving, viz., Vincent and
Fortunatian, should in the name of all the provinces ask from the most
glorious Emperors to give a faculty for the establishment of scholastic
defensors, whose shall be the care of this very kind of business: so that as
the priests of the province, they who have received the faculty as
defensors of the Churches in ecclesiastical affairs, as often as necessity
arises, may be able to enter the private apartments of the judges, so as to
resist what is urged on the other side, or to make necessary explanations.
NOTES.
CANON ? (Greek ci.)
That the legation be free.
IT seemed good that the chosen legates should have at the meeting freedom
of action (legationem liberam).
The protest of the Mauritanian bishops against Primosus.
It is evident that those of Mauritania Caesariensis gave evidence in their
own writings that Primosus had been summoned by the chiefs of the Thiganensian
city, that he should present himself to the plenary council according to the
imperial constitutions, and, when sought for, as was right, Primosus was not
found, at least so the deacons reported. But since the same Mauritanians
petitioned that letters be sent from the whole synod to the venerable brother,
the aged Innocent, it seemed good that they should be sent, that he might know
that Primosus had been sought at the council and not found at all.
CANON XCVIII. (Greek cii.)
Of the peoples which never had bishops.
IT seemed good that such peoples as had never had bishops of their own
should in no way receive such unless it had been decreed in a plenary council
of each province and by the primates, and with the consent of the bishop of
that diocese to which the church belonged.
CANON XCIX. (Greek ciii.)
Of people or dioceses returned from the Donatists.
Such communities as have returned from the Donatists and have had bishops,
without doubt may continue to have them even without any action of the
councils, but such a community as had a bishop and when he dies wish no longer
to have a bishop of their own, but to belong to the diocese of some other
bishop, this is not to be denied them. Also such bishops as before the
promulgation of the imperial law concerning unity as brought back their people
to the Catholic Church, they ought to be allowed still to rule them: but from
the time of that law of unity, all the Churches, and their dioceses, and if
perchance there be any instruments of the Church or things pertaining to its
rights should belong to the Catholic bishops of those places to whom the
places pertained while under the heretics, whether they be converted to the
Catholic Church or remain unconverted heretics. Whoever after this law shall
make any such usurpation, shall restore as is meet the usurped possessions.
CANON C. (Greek civ.)
Of the suggestion of Bishop Maurentius.
[Hefele says "The text of this canon is much corrupted and very difficult
to be understood." He gives as a synopsis, "The council appoints judges in the
affair of Bishop Maurentius." (Hefele, Vol. II, p. 443.)]
Johnson thus condenses and translates.
Bishop Maurentius having an information against him, lying before the
council, moves for a hearing; but the informers don't appear upon three calls
made by the deacons on the day appointed. The cause is referred to Senex
Xantippus, Augustinus, and five more summoned by the council, the informers
were to make up the number twelve.
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.
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.
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.
CANON CIV. (Greek cvii.)
Of these who ask from the Emperor that secular judges may take cognizance of
their causes.
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.
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.
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 or the bishop of Rome.
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.
CANON ? (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.* 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
iii. 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.
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.
CANON ? (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, xviii. 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.
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, met
together in the holy synod of the Church of Carthage to define --
CANON CIX. (Greek cxii. 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.
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.
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.
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."
CANON CXIII. (Greek cxiiii.)
That without the grace of God 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."
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. John 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.
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.
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.
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.
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.
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, 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.
CANON CXX. (Greek cxxi.)
Of those who intrude upon peoples 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
CANON CXXX. (Greek cxxxi.)
That he who has failed to prove one charge shall not be allowed to give
evidence to another.
So, too, it seemed good that as often as many crimes were laid to clerics
by their accusers, and one of the first examined could not be proved, they
should not be allowed to go on giving evidence on the other counts.
CANON CXXXI. (Greek cxxxii.)
Who should be allowed to give evidence.
THEY who are forbidden to be admitted as accusers are not to be allowed to
appear as witnesses, nor any that the accuser may bring from his own
household. And none shall be admitted to give witness under fourteen years of
age.
CANON CXXXII. (Greek cxxxiii.)
Concerning a bishop who removes a man from communion who says he has
confessed to the bishop alone his crime.
IT also seemed good that if on any occasion a bishop said that someone had
confessed to him alone a personal crime, and that the man now denies it; let
not the bishop think that any slight is laid upon him if he is not believed on
his own word alone, although he says he is not willing to communicate with the
man so denying through a scruple of his own conscience.
CANON CXXXIII. (Greek cxxxiv.)
That a bishop should not rashly deprive anyone of communion.
As long as his own bishop will not communicate with one excommunicated,
the other bishops should have no communion with that bishop, that the bishop
may be more careful not to charge anyone with what he cannot prove by
documentary evidence to others.
(Greek cxxxv.)
BISHOP AURELIUS said: According to the statutes of this whole assembled
council, and the opinion of my littleness, it seems good to make an end of all
the matters of the whole of the before-manifested title, and let the
ecclesiastical acts receive the discussion of the present day's constitution.
And what things have not yet been expressed ("treated of" in the Greek)
we shall write on the next day through our brethren, Bishop Faustinus and the
Presbyters Philip and Asellus to our venerable brother and fellow-bishop
Boniface; and they gave their assent in writing.
CANON CXXXIV. (Continuation of cxxxv. in the Greek.)
Here beginneth the letter directed from the whole African Council to
Boniface, bishop of the City of Rome, by Faustinus the bishop, and Philip and
Asellus the presbyters, legates of the Roman Church.
To the most blessed lord, and our honourable brother Boniface, Aurelius,
Valentine of the primatial See of Numidia, and others present with us to the
number of 217 from the whole council in Africa.
Since it has pleased the Lord that our humility should write concerning
those things which with us our holy brethren, Faustinus a fellow-bishop and
Philip and Asellus, fellow presbyters, have done, not to the bishop Zosimus of
blessed memory, from whom they brought commands and letters to us, but to your
holiness, who art constituted in his room by divine authority, we ought
briefly to set forth what has been determined upon by mutual consent; not
indeed those things which are contained in the prolix volumes of the acts, in
which, while charity was preserved, yet we loitered not without some little
labour of altercation, deliberating those things in the acts which now pertain
to the cause. However the more gratefully would he have received this news as
he would have seen a more peaceful ending of the matter, my lord and brother,
had he been still in the body! Apiarius the presbyter, concerning whose
ordination, excommunication, and appeal no small scandal arose not only at
Sicca but also in the whole African Church, has been restored to communion
upon his seeking pardon for all his sins. First our fellow bishop Urban of
Sicca doubtless corrected whatever in him seemed to need correction. For there
should have been kept in mind the peace and quiet of the Church not only in
the present but also in the future, since so many evils of such a kind had
gone before, that it was incumbent to take care that like or even graver evils
should be prevented thereafter. It seemed good to us that the presbyter
Apiarius should be removed from the church of Sicca, retaining only the honour
of his grade, and that he should exercise the office of the presbyterate
wherever else he wished and could, having received a letter to this effect.
This we granted without difficulty at his own petition made in a letter. But
truly before this case should be thus closed, among other things which we were
treating of in daily discussions, the nature of the case demanded that we
should ask our brothers, Faustinus our fellow bishop, and Philip and Asellus
our fellow presbyters, to set forth what they had been enjoined to treat of
with us that they might be inserted in the ecclesiastical acts. And they
proceeded to make a verbal statement, but when we earnestly asked that they
would present it rather in writing, then they produced the Commonitory. This
was read to us and also set down in the acts, which they
are bringing with them to you. In this they were bidden to treat of four
things with us, first concerning the appeal of bishops to the Pontiff of the
Roman Church, second that bishops should not unbecomingly be sailing to court,
thirdly concerning the treating the causes of presbyters and deacons by
contiguous bishops, if they had been wrongly excommunicated by their own, and
fourthly concerning the bishop Urban who should be excommunicated or even sent
to Rome, unless he should have corrected what seemed to need correction. Of
all which things concerning the first and third, that is that it is allowed to
bishops to appeal to Rome and that the causes of clerics should be settled by
the bishops of their own provinces, already last year we have taken pains to
insinuate, in our letter to tile same bishop Zosimus of venerable memory, that
we were willing to observe these provisions for a little while without any
injury to him, until the search for the statutes of the Council of Nice had
been finished. And now we ask of your holiness that you would cause to be
observed by us the acts and constitutions of our fathers at the Council of
Nice, and flint you cause to be exercised by you there, those things which
they brought in the commonitory: that is to say, If a bishop shall have been
accused, etc. [Here follows Canon vii. of Sardica.]
Item concerning presbyters and deacons.If any bishop has been quickly angered,
etc. [Here follows Canon xvii. of Sardica.]
These are the things which have been inserted in the acts until the arrival
of the most accurate copies of the Nicene Council, which things, if they
are contained there (as in the Commonitory, which our brethren directed to us
from the Apostolic See alleged) and be even kept according to that order by
you in Italy, in no way could we be compelled either to endure such treatment
as we are unwilling to mention or could suffer what is unbearable: but we
believe, through tile mercy of our Lord God, while your holiness presides over
the Roman Church, we shall not have to suffer that pride (istum typhum
passuri). And there will be kept toward us, what should be kept with brotherly
love to us who are making no dispute. You will also perceive according to the
wisdom and the justice which the most Highest has given thee, what should be
observed, if perchance the canons of the Council of Nice are other [than
you suppose]. For although we have read very many copies, yet never have we
read in the Latin copies that there were any such decrees as are contained in
the commonitory before mentioned. So too, because we can find them in no Greek
text here, we have desired that there should be brought to us from the Eastern
Churches copies of the decrees, for it is said that there correct copies of
the decrees are to be found. For which end we beg your reverence, that you
would design yourself also to write to the pontiffs of these parts, that is of
the churches of Antioch, Alexandria, and Constantinople, and to any others
also if it shall please your holiness, that thence there may come to us the
same canons decreed by the Fathers in the city of Nice, and thus you would
confer by the help of the Lord this most great benefit upon all the churches
of the West. For who can doubt that the copies of the Nicene Council gathered
in the Greek empire are most accurate, which although brought together from so
diverse and from such noble Greek churches are found to agree when compared
together? And until this be done, the provisions laid down to us in the
Commonitory aforesaid, concerning the appeals of bishops to the pontiff of the
Roman Church and concerning the causes of clerics which should be terminated
by the bishops of their own provinces, we are willing to allow to be observed
until the proof arrives and we trust your blessedness will help us in this
according to the will of God. The rest of the matters treated and defined in
our synod, since the aforesaid brethren, our fellow bishop Faustinus, and the
presbyters Philip and Asellus are carrying the acts with them, if you deign to
receive them, will make known to your holiness. And they signed. Our Lord
keep thee to us for many years, most blessed brother. Alypius, Augustine,
Possidius, Marinus and the rest of the bishops [217] also signed.
CANON CXXXV. (Not numbered in the Greek.)
Here begin the rescripts to the African Council from Cyril bishop of
Alexandria in which he sends the authentic proceedings of the Nicene Council,
translated from the Greek by Innocent the presbyter: these letters with
the same Nicene council were also sent through the aforementioned presbyter
Innocent and by Marcellus a subdeacon of the Church of Carthage, to the holy
Boniface, bishop of the Roman Church, on the sixth day before the calends of
December in the year 419.
To the most honourable lords, our holy brethren and fellow bishops,
Aurelius, Valentinus, as well as to the whole holy synod met in Carthage,
Cyril salutes your holiness in God.
I have received with all joy at the hands of our son, the presbyter
Innocent, the letters of your reverence so full of piety, in which you express
the hope that we will send you most accurate copies of the decrees of the holy
Fathers at the Synod held at Nice the metropolis of Bithynia from the archives
of our church; with our own certificate of accuracy attached thereto. In
answer to which request, most honourable lords and brethren, I have thought it
necessary to send to you, with our compliments, by our son, Innocent the
presbyter, the bearer of these, most faithful copies of the decisions of the
synod held at Nice in Bithynia. And when ye have sought in the history of the
church, you will find them there also. Concerning Easter, as you have written,
we announce to you that we shall celebrate it on the xviiith before the
calends of May of the next indiction. The subscription. May God and our Lord
preserve your holy synod as we desire, dear brethren.
CANON CXXXVI. (Not numbered in the Greek but with a new heading.) Here
beginneth the letter of Atticus, bishop of Constantinople to the same.
To our holy lords, and rightly most blessed brethren and fellow bishops,
Aurelius, Valentine, and to the other beloved ones met together in the
Synod held at Carthage, Atticus the bishop.
By our son Marcellus the subdeacon, I have received with all thanksgiving
the writings of your holiness, praising the Lord that I enjoyed the blessing
of so many of my brethren. O my lords and most blessed brethren, ye have
written asking me to send you most accurate copies of the canons enacted at
the city of Nice, the metropolis of Bithynia, by the Fathers for the
exposition of the faith. And who is there that would deny to his brethren the
common faith, or the statutes decreed by the Fathers. Wherefore by the same
son of mine, Marcellus, your subdeacon, who was in great haste, I have sent to
you the canons in full as they were adopted by the Fathers in the city of
Nice; and I ask of you that your holy synod would have me much in your
prayers. The subscription. May our God keep your sanctity, as we desire, most
holy brethren.
CANON CXXXVII. (Continuation of the last in the Greek.)
Here begin the examples of the Nicene Council, sent on the sixth day
before the calends of December in the year 419, after the consulate of the
most glorious emperor Honorius for the XIIth time, and Theodosius for the IXth
time Augustuses, to Boniface the bishop of the City of Rome.
WE believe in one God etc. . . . the Catholic and Apostolic Church
anathematizes them.
To this symbol of the faith there were also annexed copies of the statutes
of the same Nicene Councils from the aforenamed pontiffs, in all respects as
are contained above; which we do not think it necessary to write out here
again.
CANON CXXXVIII. (Not numbered in the Greek.)
Here beginneth the epistle of the African synod to Pope Celestine, bishop
of the City of Rome.
To the lord and most beloved and our honourable brother Celestine,
Aurelius, Palatinus, Antony, Totus, Servusdei, Terentius, Fortunatus, Martin,
Januarius, Optatus, Ceticius, Donatus, Theasius, Vincent, Fortunatian, and the
rest of us, assembled at Carthage in the General Council of Africa.
We could wish that, like as your Holiness intimated to us, in your letter
sent by our fellow presbyter Leo, your pleasure at the arrival of Apiarius, so
we also could send to you these writings with pleasure respecting his
clearing. Then in truth both our own satisfaction, and yours of late would be
more reasonable; nor would that lately expressed by you concerning the hearing
of him then to come, as well as that already past, seem hasty and
inconsiderate. Upon the arrival, then, of our holy Brother and fellow-Bishop
Faustinus, we assembled a council, and believed that he was sent with that
man, in order that, as he [Apiarius] had before been restored to the
presbyterate by his assistance, so now he might with his exertions be cleared
of the very great crimes charged against him by the inhabitants of Tabraca.
But the due course of examination in our council discovered in him such great
and monstrous crimes as to overhear even Faustinus, who acted rather as an
advocate of the aforementioned person than as a judge, and to prevail against
what was more the zeal of a defender, than the justice of an inquirer. For
first he vehemently opposed the whole assembly, inflicting on us many
injuries, under pretence of asserting the privileges of the Roman Church, and
wishing that he should be received into communion by us, on the ground that
your Holiness, believing him to have appealed, though unable to prove it, had
restored him to communion. But this we by no means allowed, as you will also
better see by reading the acts. After however, a most laborious inquiry
carried on for three days, during which in the greatest affliction we took
cognizance of various charges against him, God the just Judge, strong and long
suffering, cut short by a sudden stroke both the delays of our fellow-bishop
Faustinus and the evasions of Apiarius himself, by which he was endeavouring
to veil his foul enormities. For his strong and shameless obstinacy was
overcome, by which he endeavoured to cover, through an impudent denial, the
mire of his lusts, and God so wrought upon his conscience and published, even
to the eyes of men, the secret crimes which he was already condemning in that
man's heart, a very sty of wickedness, that, after his false denial he
suddenly burst forth into a confession of all the crimes he was charged with,
and at length convicted himself of his own accord of all infamies beyond
belief, and changed to groans even the hope we had entertained, believing and
desiring that he might be cleared from such shameful blots, except indeed that
it was so far a relief to our sorrow, that he had delivered us from the labour
of a longer inquiry, and by confession had applied some sort of remedy to his
own wounds, though, lord and brother, it was unwilling, and done with a
struggling conscience. Premising, therefore, our due regards to you, we
earnestly conjure you, that for the future you do not readily admit to a
hearing persons coming hence, nor choose to receive to your communion those
who have been excommunicated by us, because you, venerable Sir, will readily
perceive that this has been prescribed even by the Nicene council. For though
this seems to be there forbidden in respect of the inferior clergy, or the
laity, how much more did it will this to be observed in the case of bishops,
lest those who had been suspended from communion in their own Province might
seem to be restored to communion hastily or unfitly by your Holiness. Let your
Holiness reject, as is worthy of you, that unprincipled taking shelter with
you of presbyters likewise, and the inferior clergy, both because by no
ordinance of the Fathers hath the Church of Africa been deprived of this
authority, and the Nicene decrees have most plainly committed not only the
clergy of inferior rank, but the bishops themselves to their own
Metropolitans. For they have ordained with great wisdom and justice, that all
matters should be terminated in the places where they arise; and did not think
that the grace of the Holy Spirit would be wanting to any Province, for the
bishops of Christ (Sacerdotibus) wisely to discern, and firmly to maintain the
right: especially since whosoever thinks himself wronged by any judgment may
appeal to the council of his Province, or even to a General Council [i.e. of
Africa] unless it be imagined that God can inspire a single individual with
justice, and refuse it to an innumerable multi-rude of bishops (sacerdotum)
assembled in council. And how shall we be able to rely on a sentence passed
beyond the sea, since it will not be possible to send thither the necessary
witnesses, whether from the weakness of sex, or advanced age, or any other
impediment? For that your Holiness should send ally on your part we can find
ordained by no council of Fathers. Because with regard to what you have sent
us by file same our brother bishop Faustinus, as being contained in the Nicene
Council, we can find nothing of the kind in the more authentic copies of that
council, which we have received from the holy Cyril our brother, Bishop of the
Alexandrine Church, and from the venerable Atticus the Prelate of
Constantinople, and which we formerly sent by Innocent the presbyter, and
Marcellus the subdeacon through whom we received them, to Boniface the Bishop,
your predecessor of venerable memory. Moreover whoever desires you to delegate
any of your clergy to execute your orders, do not comply, lest it seem that we
are introducing the pride of secular dominion into the Church of Christ which
exhibiteth to all that desire to see God the light of simplicity and the day
of humility. For now that the miserable Apiarius has been removed out of the
Church of Christ for his horrible crimes, we feel confident respecting our
brother Faustinus, that through the uprightness and moderation of your
Holiness, Africa, without violating brotherly charity, will by no means have
to endure him any longer. Lord and brother, may our Lord long preserve your
Holiness to pray for us.