THE CANONS OF THE CCXVII BLESSED FATHERS WHO ASSEMBLED AT CARTHAGE (THE CODE OF CANONS OF THE AFRICAN CHURCH)

THE CANONS OF THE CCXVII BLESSED FATHERS WHO ASSEMBLED AT CARTHAGE.

COMMONLY CALLED

THE CODE OF CANONS OF THE AFRICAN CHURCH.

A.D. 419

Elenchus.

Introductory Note.The Canons with the Ancient Epitome and Notes.

INTRODUCTORY NOTE.

An attempt to write a commentary upon all the canons of the African Code, would have meant nothing less than the preparation of one volume or more on the canon law of the West. This is impossible and therefore, interesting as the field would be, I have been compelled to restrain my pen, and rather than give a scant and insufficient annotation, I have contented myself with providing the reader with as good a translation as I have been able to make of the very corrupt Latin (correcting it at times by the Greek), and have added the Ancient Epitome and the quaint notes in full of John Johnson from the Second Edition, of 1714, of his "Clergyman's Vade-mecum," Pt. II., which occupy little space, but may not be easily reached by the ordinary reader. The student will find full scholia on these Canons in Van Espen in the Latin, and in Zonaras and Balsamon in the Greek. These latter are in Beveridge's Synodicon.

Johnson writes an excellent Introduction to his Epitome of these Canons, as follows:

"Councils were nowhere more frequently called in the Primitive Times than in Africa. In the year 418-19, all canons formerly made in sixteen councils held at Carthage, one at Milevis, one at Hippo, that were approved of, were read, and received a new sanction from a great number of bishops, then met in synod at Carthage. This Collection is the Code of the African Church, which was always in greatest repute in all Churches next after the Code of the Universal Church. This code was of very great authority in the old English Churches, for many of the Excerptions of Egbert were transcribed from it. And though the Code of the Universal Church ends with the canons of Chalcedon,(1) yet these African Canons are inserted into the Ancient Code both of the Eastern and Western Churches. These canons though ratified and approved by a synod, yet seem to have been divided or numbered by some private and unlearned hand, and have probably met with very unskilful transcribers, by which means some of them are much confounded and obscured, as to their sense and coherence. They are by Dionysius Exiguus and others entituled The Canons of the Synod of Africa. And though all were not originally made at one time, yet they were all confirmed by one synod of African bishops, who, after they had recited the Creed and the twenty canons of the Council of Nice, proceeded to make new canons, and re-enforce old ones."

In his "Library of Canon Law" (Bibliotheca Juris Canonici) Justellus gives these canons, and, in my opinion, gives them rightly, the title "The Code of Canons of the African Church" (Codex Canonum Ecclesioe Africanoe), although Hefele(2) describes them as "the collection of those African Canons put together in 419 by Dionysius Exiguus." Hefele says that the title Dionysius gave them in his collection was "The Statutes of an African Council" (Statuta Concilii Africani) which would certainly be wholly inadequate and misleading; but in the edition of Dionysius in Migne's Patrologia Latina (Tom. LXVII., col. 181) in the Codex Canonum Ecclesiasticorum no such title occurs, but the perfectly accurate one, "A Synod at Carthage in Africa, which adopted one hundred and thirty-eight canons." This is an exact description of what took place and of the origin of these most important dogmatic and disciplinary enactments. Hefele must have been thinking of Dionysius's Preface where the expression does occur but not as a title.

(Beveridge. Synodicon, Tom. II., p. 202.)

Carthage was formerly the head of the whole of Africa, as St. Augustine tells us in his Epistle CLXII. From this cause it happened that a great number of councils were held there, gathered from all the provinces of Africa. Especially while Aurelius as Archbishop was occupying the throne were these meetings of bishops frequently holden; and by these, for the establishing of ecclesiastical discipline in Africa, many canons were enacted. At last, after the consulate of Honorius (XII.) and Theodosius (VIII.), Augustuses, on the eighth day before the Calends of June, that is to say, on May 25, in the year of our Lord 419, another Council was held in the same city at which all the canons previously adopted were considered, and the greater part of them were again confirmed by the authority of the synod. These canons, thus confirmed by this council, merited to be called from that day to this "The Code of Canons of the African Church." These canons were not at first adopted in Greek but in Latin, and they were confirmed in the same language. This Dionysius Exiguus distinctly testifies to in his preface to the "Code of Ecclesiastical Canons," in which they are included. It is uncertain when the canons of this Carthaginian synod were done into Greek. This only is certain, that they had been translated into Greek before the Council in Trullo by which, in its Second Canon, they were received into the Greek Nomocanon, and were confirmed by the authority of this synod; so that from that time these canons stand in the Eastern Church on an equality with all the rest.

An extremely interesting point arises as to what was the authority of the collection as a collection, and how this collection was made? There seems no doubt that the collection substantially as we know it was the code accepted by the Council of Trullo, the canons of which received a quasi-ecumenical authority from the subsequent general imprimatur given them by the Seventh Ecumenical Council, the Second of Nice. Van Espen has considered this point at great length in Dissertation VIII. of the First Part of his Commentaries, and to his pages I must refer the reader for anything like an adequate presentation of the matter. He concludes (I.) that the "Code owes its origin to this synod," and argues against De Marca in proof of the proposition that the collection was not the private work of Dionysius, but the official work of the council by one of its officials, concluding with the remark (II.) that "this was the persuasion both of Greeks and Latins, ... and these canons are set forth by Balsamon with the title, 'The Canons of the CCXVII. Blessed Fathers who met together at Carthage.'"

In the notes on each canon I shall give the source, following Hefele in all respects (Hist. of the Councils, vol. il., pp. 468 et seqq.), and content myself here with setting down a list of the various councils which made the enactments, with their dates.

	A.D.
Carthage (under Gratus)	345-348
" (under Genethlius)	387 or 390
Hippo	393
I. Carthage	394
II. " (June 26)	397
III. " (August 28)	397
IV. " (April 27)	399
V. " (June 15)	401
VI. " (September 13)	401
VII. Milevis (August 27)	402
VIII. Carthage (August 25)	403
IX. " (June)	404
X. " (August 25)	405
XI. " (June 13)	407
XII. and XIII. Carthage (June 16 and October 13)	408
XIV. Carthage (June 15)	409
XV. " (June 14)	410
XVI. " (May 1)	418
XVII. " (May 25) which adopted the African Code	419

The numbering of the African councils differs very widely between the different writers, and Cave reckons nine between 401 and 608, and thirty-five Carthaginian between 215 and 533.(1) Very useful tables, shewing the conclusions of Fuchs, are found at the end of Bruns, Canones Apostolorum et Conciliorum Veterum Selecti.

I need only add that I have frequently used Dr. Bruns's text, but have not confined myself to it exclusively. Evidently in the Latin, as we now have it, there are many corrupt passages. In strange contradistinction to this, the Greek is apparently pure and is clear throughout. Possibly the Greek translation was made from a purer Latin text than we now possess.

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:(1) 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.(2) 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.]

ANCIENT EPITOME.

If bishops shall have deposed a bishop, and if he appeal to the Roman bishop, he should be benignantly heard, the Roman bishop writing or ordering.

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."

NOTES.

ANCIENT EPITOME.

A presbyter or deacon who has been cut off, has the privilege of appealing to the neighbouring bishops. Moreover, he who cut him off should bear with equanimity the conclusion arrived at.

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.

NOTES.

ANCIENT EPITOME OF CANON I.

Let the copies of the decrees of the Nicene Council which our fathers brought back with them from that synod, be observed.

JOHNSON.

It is certain that Caecilian, then Bishop of Carthage, was present at the Council of Nice; that any other African bishop was there does not appear; but probably he was attended with several clergyman, who were afterwards ordained bishops.

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,(2) 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.

NOTES.

ANCIENT EPITOME OF CANON II.

No difference is recognised or taught by the decrees of the Council of Nice between the Persons of the Holy Trinity.

This canon, or rather introduction, is taken from Canon j., of the Council of Carthage held under Genethlius, A.D. 387 or 390.(1)

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.

NOTES.

ANCIENT EPITOME OF CANON III.

Let a bishop, a presbyter, and a deacon be chaste and continent.

This canon is taken from Canon ij., of Carthage 387 or 390.

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.

NOTES.

ANCIENT EPITOME OF CANON IV.

Let those who pray abstain from their wives that they may obtain their petitions.

This canon is taken from Canon ij., of Carthage 387 or 390, last mentioned.

JOHNSON.

See Canon XXV. "Abstain from their wives," i.e. Some time before and after the Eucharist, as the old Scholiasts understand it. [i.e. the Greek scholiasts, but see notes to Canon xii]. of Quinisext.]

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.

NOTES.

ANCIENT EPITOME OF CANON V.

As the taking of any kind of usury is condemned in laymen, much more is it condemned in clergymen.

This canon is made up of Canons x. and xiij. of the Synod of Carthage held under Grains in A.D. 345-348. This synod was held to return thanks for the ending of the Donatist schism; and indeed for some time the evil did seem to have been removed. Donatist worship was prohibited by the imperial law and it was not until the times of Constans and Constantius that it again openly asserted itself. The synod while in session also took advantage of the opportunity of passing some useful general canons on discipline.

JOHNSON.

See Canon of the Apostles 36 (44); Nic., 17.

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.

NOTES.

ANCIENT EPITOME OF CANON VI.

Let no presbyter make the chrism, nor prepare the unction, nor consecrate virgins, nor publicly reconcile anyone to communion.

This is Canon iij. of the Carthaginian Synod under Genethlius, A.D. 387 or 390.

JOHNSON.

Not the chrism used upon persons at their baptism, says the scholion in Bishop Beveridge's Annotation, but the Mystical Chrism, viz., that used at Confirmation; though neither was the chrism used at baptism to be consecrated by Priests. See Deer. of Gelasius 6.

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. And let the reader observe, that there is no mention of the "mass" in the copies which the Greeks made use of. And further, he restrains the meaning of the word "mass" too much, when he supposes that it denoted the Communion Office only.

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.

NOTES.

ANCIENT EPITOME OF CANON VII.

A priest desiring to reconcile anyone in peril to the sacred altars must consult the bishop and do what seems good to him.

This is Canon iv. of the Synod of 387 or 390.

JOHNSON.

See Canon 43.

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, Iris accusation is not to be received.

NOTES.

ANCIENT EPITOME OF CANON VIII.

It has seemed good that they who are themselves defendants for crimes should not bring accusations; nor should they be allowed to lay crimes to anyone's charge.

This is Canon vi. of Genethlius's Synod at Carthage, A.D. 387 or 390.

JOHNSON.

See Canons 132 and 133 and Constantinople Canon 6.

[The "elders" mentioned in this canon are] probably the same with senes in other canons. viz., Metropolitans, as is generally believed. The Latin here calls them Majores natu, the Greek <greek>pateras</greek>. Bishop Beveridge supposes that the word denotes bishop, though perhaps Majores natu may signify presbyters. Justellus on the canon produces some seeming authorities for this.

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.

NOTES.

ANCIENT EPITOME OF CANON IX.

Let him be excommunicated who communicates with one excommunicated.

This is Canon vii. of the same synod of 387 or 390.

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.

NOTES.

ANCIENT EPITOME OF CANON X.

If one condemned by his bishop shall separate himself and set up an altar or make the offering he should be punished.

ARISTENUS.

Whoever has been cut off by his own bishop and does not go to the synod to which his bishop is subject, that an examination may be made of the grounds of his cutting off, and that whatever is contrary to justice may be corrected; but, puffed up with pride and conceit, shall despise the synod and separate himself from the Church, and shall set up another altar, and shall offer to God the holy gifts; such an one shall not be allowed to go on with impunity, since he is acting contrary to the faith and constitution of the Church; but he is to be stricken with anathema.

This and the following canon are Canon viii. of the so often mentioned synod of 387 or 390.

JOHNSON.

See Canon of the Apostles 24 (or 32) and that of Gangra 6.

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.

NOTES.

ANCIENT EPITOME OF CANON XI.

A Presbyter condemned by his bishop, is allowed to appeal to the neighbouring bishops: but if he shall not make any appeal, but shall make a schism, and be elated with conceit and shall offer the Holy Gifts to God, let him be anathema.

See note to last canon. The last clause is certainly corrupt; in the council of Carthage at which it was first adopted there is no "non," making the meaning clear.

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.

NOTES.

ANCIENT EPITOME OF CANON XII.

When a bishop is to be tried, if the whole synod does not sit, let at least twelve bishops take up the matter; and for the case of a presbyter, six and his own diocesan; and for the ease of a deacon, three.

This is Canon x. of the Synod of Genethlius.

JOHNSON.

Hereby must be meant African canons; that under Gratus [A.D. 348] had decreed the same thing.

Who was the bishop's judge at the first instance does not appear by this canon; but it is natural to suppose it was the Primate. It is probable that this canon is to be understood of hearing upon an appeal, because it is certain that a priest's cause, at the first instance, was to be tried before the bishop (see Can. 10, 11). And therefore the latter part of the canon can be understood of no hearing but by way of appeal, nor by consequence the former. And this seems more clear by Can. Afr. 29.

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.

NOTES.

ANCIENT EPITOME OF XIII

At the bidding of the Primate even three bishops can make a bishop. But whoever goes counter to his profession, and subscription, is deprived of his honour by his own judgment.

This is Canon xij. of the before mentioned Synod of 387 or 390.

JOHNSON.

See Can. Ap. 1, Nic. 1.

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.

NOTES.

ANCIENT EPITOME OF CANON XIV.

On account of the scarcity of bishops in Tripoli, one bishop shall suffice for a legation.

This canon is made up of two parts. The first part is Canon v. of the synod of Hippo, A. D. 393, and was repeated at the Carthaginian synod of 397. The second half is from Canon viij. of the same council.

JOHNSON

(See Canon 12).

"Legate," i.e., to a Synod, there being few bishops in that province.

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.

NOTES.

ANCIENT EPITOME OF CANON XV.

A bishop or cleric who has a criminal suit brought against him, if he leaves the Church and betakes himself to secular judges even if he had been unjustly used, shall lose his rank. And if he was successful in his political affairs, if he follows this, he shall lose his own grade. No appeal can be taken from the ecclesiastical judges, except they be proved to have given their decision beforehand moved thereto by a bribe or by hatred. No appeal can be taken from the decision of judges chosen by each side.

This canon is made up of Canons ix., x., and xj. of the Council of Hippo, A.D. 393.

JOHNSON.

In this canon the African bishops made bold with the Civil Courts. To lay such restraints on bishops and clergymen is, I am sure, very proper, to say no more.

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.

NOTES.

ANCIENT EPITOME OF XVI.

A bishop, presbyter, and deacon may not be a "conductor" or a "procurator." A reader when he comes to puberty must contract marriage or profess continence.

A cleric who has lent to someone, what he gave let him receive, or as much.

Let not him be a deacons, who is made a deacon being under twenty-five.

And let not readers salute the people.

This canon is made up of Canons xv., xviij., and xxj., and added to these Canon j. of the same Second Series of the synod of Hippo, A.D. 393.

JOHNSON.

Zonaras says this was never observed anywhere but in Africa. See Can. Afr. 19 (27).

Du Pin turns the Latin, saluto, by "addressing his speech to 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.(1) 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.

NOTES.

ANCIENT EPITOME OF CANON XVII.

Mauretania Sitiphensis, on account of the great distance, is permitted to have its own Primate.

This canon is Canon iij. of the first series of canons enacted at Hippo in 393.

JOHNSON.

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.

ANCIENT EPITOME OF GREEK CANON XIX.

The things which have been adopted by the synods should be made known to him who is to be ordained.

(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.

ANCIENT EPITOME OF GREEK CANON

The Eucharist is not to be given to the body of one dead for it neither eats nor drinks.

The ignorance of a presbyter shall not baptize a dead man.

(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.

NOTES.

ANCIENT EPITOME OF GREEK CANON XXI.

According to the decrees of the Nicene Fathers a yearly synod shall be assembled, and two legates or as many as they shall choose, shall be sent by the primates of every province.

This is composed of Canons II., IV., and V. of the second series of enactments of Hippo, A.D. 393.

JOHNSON.

The 18th canon in the Edition of Tilius and Bishop Beveridge runs thus; viz. [If any clergyman be ordained he ought to be reminded to keep the canons; and that the Eucharist or Baptism be not given to dead corpses; and that the Metropolitans in every province meet in synod yearly.] They speak their own language, and call him a Metropolitan, whom the Africans called a Primate; but then they have also the entire 18th canon, as it here stands according to the Latin, which they divide into three, and number them 19, 20, 21.

See Can. Nic. 5. It seems very odd that they should allege the authority of the Nicene Synod upon this occasion; for that orders a synod twice a year, this but once; that intends a provincial synod, this a diocesan or national one.

CANON XIX. (Greek xxii.)(1)

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.

NOTES.

ANCIENT EPITOME OF CANON XIX.

A bishop accused and baled to judgment shall have the space of two months; if there is any excuse(1) for his delay from the other side. But after this he shall be excommunicated if he does not appear. But if when the accused is present the accuser flees, then the accuser shall be deprived of communion. But the accuser who is infamous shall not be an accuser at all.

This canon is made up from Canons VI. and VII. of the last mentioned second series of the enactments of Hippo, 393.

JOHNSON.

See Can. Afr. 28 and Can. Ap. 11 (14).

By this ["Universal Synod"] is meant a National Synod of Africa.

See Can. Constantinople 6.

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.

NOTES.

ANCIENT EPITOME OF CANON XX.

When a presbyter is accused, six of the neighbouring bishops together with the bishop of that region shall judge the matter. But for a deacon, three. What things concern the other clerics even one bishop shall examine.

This is Canon viii. of Hippo, 393.

JOHNSON.

See Canon 12.

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.

NOTES.

ANCIENT EPITOME OF CANON XXI.

[The same as the canon.]

This is Canon xij. of Hippo, 393.

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.

NOTES.

ANCIENT EPITOME OF CANON XXII.

Bishops and clergymen shall give nothing of their goods to heretics, nor confer aught upon them even if they be their relatives.

This is Canon xiv. of Hippo, 393.

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.

NOTES.

ANCIENT EPITOME OF CANON XXIII.

A bishop is not to cross the seas unless he has received from the Primate of his region a letter dimissory.

This is Canon xxvij. of Hippo, 393.

JOHNSON.

See note on Canons of the Apostles, 10 (13). [viz:]

[The use of Letters Commendatory was very early in the Church; St. Paul mentions them II. Cor. iij. 1. And it is not easy to be conceived how discipline can be restored but by the reviving of this practice. It is surely irregular to admit all chance comers to the Communion, who, for aught we know, may stand excommunicated by their own bishop. Of the difference between Commendatory and Pacific and Formal Letters, see Can. Chalc., 11; Apost., 25, 26; Ant., 6; Sardic., 13].

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, iv. books.

The Chronicles, ij. books.

Job.

The Psalter.

The Five books of Solomon.

The Twelve Books of the Prophets.

Isaiah.

Jeremiah.

Ezechiel.

Daniel.

Tobit.

Judith.

Esther.

Ezra, ij. books.

Macchabees, ij. books.

THE NEW TESTAMENT.

The Gospels, iv. books.

The Acts of the Apostles, j. book.

The Epistles of Paul, xiv.

The Epistles of Peter, the Apostle, ij.

The Epistles of John the Apostle, iij.

The Epistles of James the Apostle, j.

The Epistle of Jude the Apostle, j.

The Revelation of John, j. book.

Let this be sent to our brother and fellow bishop, 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.

NOTES.

ANCIENT EPITOME OF CANON XXIV.

Let nothing besides the canonical Scriptures 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.

JOHNSON.

These two books [i.e. the two Maccabees] are mentioned only in Dionysius Exiguus's copy. See Can. Ap. ult., Can. Laod. ult.

"Boniface," i.e., Bishop of Rome.

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,(1) 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.

NOTES.

ANCIENT EPITOME OF CANON XXV.

Those who handle holy things should abstain even from their own wives at the times of their ministration.

This is rounded upon Canon iv. of the Council of Carthage, which met September 13th, 401, but the provisions are more stringent here, subdeacons as well as deacons being constrained to continence.

JOHNSON.

"Times of ministration," so it is explained, Can. Trull., 13, where there were several African Bishops present, and allowed of that explication; yet Dion. Exig. is not clear, viz., Secundum propria statuta.

By Can. Laod., 23. Ministers, i.e., sub-deacons, are forbid to touch the Holy Vessels, yet here they are said to handle the Mysteries; I suppose they might handle the Holy Vessels, etc. before and after the celebration, but not during the solemnity; or else the customs of several ages and countries differed as to this particular.

CANON XXVI. (Greek xxix.)

That no one should take from the possessions of the Church.(1)

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.

NOTES.

ANCIENT EPITOME OF CANON XXVI.

Church goods must not be sold. If they bring in no revenue they may be sold at the will of the bishops. If the necessity does not allow that consultation should take place, he who sells shall call together the neighbouring bishops. If he does not do so he shall be held responsible to God and to the Synod.

This is Canon v. of the Synod of Carthage, Sept. 13th, 401.

JOHNSON.

"Appointed number," i.e., Twelve, see Canon 12.

CANON XXVII. (Greek xxx.)

Presbyters and deacons convicted of the graver crimes shall not receive laying on of hands, like layman.(2)

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.

NOTES.

ANCIENT EPITOME OF CANON XXVII.

A presbyter convicted and repenting, is not to be rebaptized as one to be advanced, neither as a layman is he to be reordained.

This is Canon xij. of the before-mentioned Council of Carthage. Sept. 13th, 401.

JOHNSON.

This canon seems to have been designed to preclude deposed clergymen from all possibility of being restored, directly or indirectly.

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.(1)

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.

NOTES.

ANCIENT EPITOME OF CANON XXVIII.

Clerics who have been condemned, if they take exception to the judgment, shall not appeal beyond seas, but to the neighbouring bishops, and to their own; if they do otherwise let them be excommunicated in Africa.

This canon is the same as Canon xvij. of the Synod of Carthage of 418, but it has some words with regard to appeals which that canon does not contain, viz.: "Aut ad universale conciliam, sicut et de episcopis soepe constitutum est." This clause, affirming that bishops have often been forbidden to appeal across the water from the decisions of the African bishops, has caused great perplexity as no such decrees are extant. The Ballerini, to avoid this difficulty, and possibly for other reasons, suggest an entirely different meaning to the passage, and suppose that it means that "bishops have often been allowed to appeal to the Universal Council and now this privilege is extended to priests." (2) But this would seem to be a rather unnatural interpretation and Van Espen in his Commentary shews good reason for adopting the more evident view.

JOHNSON.

See Can. Afr., 19.

Clearly the See of Rome is here aimed at, as if Carthage were the place designed by Providence to put a stop to the growth of power in Christian Rome, as well as heathen. It is strange, that this canon should be received by the Church of Rome in former ages.

CANON XXIX. (Greek xxxii.)

If anyone who is excommunicated shall receive communion before his cause is heard he brings damnation on himself.(8)

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.

NOTES.

ANCIENT EPITOME OF CANON XXIX.

One excommunicate who shall communicate before absolution sentences himself.

This canon seems to be founded upon Canon iv. of Antioch.

JOHNSON.

See Can. Ap., 21 (29), Antioch, 4.

By this canon the criminous bishop is supposed to be excommunicated before he comes to have his cause heard by a Synod, or by 12 neighbouring bishops: and it is therefore most rational to believe that he was thus censured by his Primate. See Can. Afr., 12.

CANON XXX. (Greek xxxiii.)

Concerning the accused or accuser.(1)

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.

ANCIENT EPITOME OF CANON XXX.

Accuser or accused may select for himself a safe place if he fears violence.

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.

NOTES.

ANCIENT EPITOME OF CANON XXXI.

Who despises a greater honour shall lose what he hath.

JOHNSON.

It is most probable that this canon is to be understood of deacons designed by the bishop to be ordained priests, for the deacons, at least in some Churches, were provided of a better maintenance than priests; or it may be understood of inferior clergymen, who were permitted to marry in the degree they were now in, but would not willingly take the order of priest or deacon, because then they were prohibited marriage.

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.(2)

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.

NOTES.

ANCIENT EPITOME OF CANON XXXII.

Whoso after his ordination although he has nothing yet buys a field, shall give it to the Church, unless he got it by succession from a relation or by pure liberality.

In this canon there is difficulty about the meaning of the phrase "quod eorum proposito congruat." Hardouin suggests that "propositum" is the same as "profession," or "calling," and the meaning, were this the case, would be that he must employ it as befits his clerical calling. Van Espen follows Balsamon and Zonaras in understanding it to mean that if he has proposed to employ a part for the Church or for the poor, and changes his mind, he is to be deposed; and this meaning I have followed.

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 (<greek>matrikos</greek>).

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)].(1)

NOTES.

ANCIENT EPITOME OF CANON XXXIII.

A presbyter is not to sell ecclesiastical property without the consent of the bishop. A bishop is not to sell without the approbation of his synod a country property.

Fuchs (Biblioth. der Kirchenvers., vol. iij., p. 5) thinks the text is corrupt in the last sentence and should be corrected by Canon x. of the Council of Carthage of 421, so as to read, "that which is left by will to a rural church in the diocese must not be applied to the Mother Church through the usurpation of the bishop."

JOHNSON

"Or title." So I turn the Lat. Titulus for want of a proper English word. It denotes a lesser church in any city or diocese, served by a priest.

"The Mother Church," i.e., The cathedral, the Church in which the bishop resides.

Moreover at this Synod we read all the conciliar decrees of all the Province of Africa in the different synods held in the time of Bishop Aurelius.(2)

Concerning the Synod which assembled in Hippo Regio.

Under the most illustrious consuls, the most glorious Emperor Theodosius Augustus for the third time, mid Abundantius, on the viij. Ides of October, at Hippo Regio, in the secretarium of the Church of Peace. And the rest of the acts of this Synod have not been written down here because these constitutions are found set forth above.

Of the Council of Carthage at which the proconsular bishops were appointed legates to the Council at Adrumetum.

In the consulate of the most glorious emperors--Arcadius for the third time and Honorius for the second time, Augustuses, on the vith(3) day before the Calends of July, at Carthage. In this council the proconsular bishops were chosen as legates to the Council of Adrumetum.

Of a Council of Carthage at which many statutes were made.

In the consulate of those most illustrious men, Caesarius and Atticus, on the vth day before the Calends of September in the secretarium of the restored basilica, when Aurelius the bishop, together with the bishops, had taken his seat, the deacons also standing by, and Victor the old man of Puppiana, Tutus of Migirpa and Evangel of Assuri.

The Allocution of Aurelius the bishop of Carthage to the bishops.

Aurelius, the bishop, said:(4) After the day fixed for the council, as ye remember, most blessed brethren, we sat and waited for the legations of all the African provinces to assemble upon the day, as I have said, set by our missive; but when the letter of our Byzacene bishops had been read, that was read to your charity, which they had discussed with me who had anticipated the time and day of the council; also it was read by our brethren Honoratus and Urban, who are to-day present with us in this council, sent as the legation of the Sitifensine Province. For our brother Reginus of the Vege[t]selitane(1) Church,(2) the letters sent to my littleness by Crescentian and Aurelius, our fellow-bishops, of the first sees of the [two] Numidias, in which writings your charity will see with me how they promised that either they themselves would be good enough to come or else that they would send legates according to custom to this council; but this it seems they did not do at all, the legates of Mauritania Sitifensis, who had come so great a distance gave notice that they could stay no longer; and, therefore, brethren, if it seem good to your charity, let the letters of our Byzacene brethren, as also the breviary, which they joined to the same letter, be read to this assembly, so that if by any chance they are not entirely satisfactory to your charity, such things in the breviary may be changed for the better after diligent examination. For this very thing our brother and fellow-bishop of the primatial see, a man justly conspicuous for his gravity and prudence, Mizonius, demanded in a letter he addressed to my littleness. If therefore it meets with your approval, let there be read the things which have been adopted and let each by itself be considered by your charity.

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.

NOTES.

ANCIENT EPITOME OF CANON XXXIV.

Nothing is to be corrected in the synod of Hippo, nor anything added thereto, except that the time of celebrating Easter should be announced in time of synod.

The first of these introductions is that of the Synod of Hippo in A.D. 393; the next that of Carthage in A.D. 394, and the third that of the same place, held August 28th, A.D. 397.

This canon (number xxxiv. of the code) is the beginning of Canon v. of the last named Synod.

JOHNSON.

See Canons 51 and 73.

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.

NOTES.

ANCIENT EPITOME OF CANON XXXV.

Bishops and clergy shall not set their children free until their morals are established.

This canon is Canon xiij. of the Synod of Hippo A.D. 393.

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.

NOTES.

ANCIENT EPITOME OF CANON XXXVI.

He shall not be ordained who hath not made all his household orthodox.

This canon is Canon xvij. of the Synod of Hippo, A.D. 393.

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.

NOTES.

ANCIENT EPITOME OF CANON XXXVII.

Let bread and wine mixed with water only be offered.

The text of the Greek here does not exactly agree with the Latin. The Greek reads as follows: "That in the Holy Mysteries nothing else be offered than the body and blood of the Lord, even as the Lord himself delivered, that is bread and wine mixed with water."

Further down with regard to the first-fruits I have followed the Greek text which seems decidedly preferable, in fact the Latin is so corrupt that Van Espen notes that for the ordinary "offerantur" some MSS. read "non offerantur."

This canon is Canon xxiij. of the Synod of Hippo, A.D. 393.

JOHNSON.

See Can. Ap. 2 (3).

"The Mystery of Infants" of this Quoere, all that I have met with are in the dark as to this matter. Dionysius Exiguus's Latin is Lac, etc. The Greek stands thus, E<greek>ite</greek> <greek>gala</greek> <greek>k</greek>. <greek>t</greek>. <greek>l</greek>.

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.

NOTES.

ANCIENT EPITOME OF CANON XXXVIII.

Clerics and those who are continent shall not go to widows or virgins, unless at the bidding of the bishop and presbyter: and even then not alone, but with those with whom presbyters and deacons visit them.

This canon is canon xxiv. of the Synod of Hippo, A.D. 393.

CANON XXXIX. (Greek xlii.)

That a bishop should not be called the chief of the priests.(1)

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.

NOTES.

ANCIENT EPITOME OF CANON XXXIX..

The first bishop shall not be called Prince of the Priests nor High Priest but Bishop of the first see.

This canon is Canon xxv. of the Synod of Hippo, A.D. 393.

JOHNSON.

"The bishop of the Prime See," i.e., The primate. So Xantippus is called bishop of the Prime. So in Numidia, Nicetius in Mauritania, in the original Latin between Can. 85, and Can. 86, and see Can. 86.

N.B. Justellus on this canon shews, that Tertullian, Optatus, and Augustine, did apply these titles to their own African bishops; and therefore supposes, that the meaning of the canon was to suppress the flame of vain glory, which proceeded from these sparks of lofty titles.

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.

NOTES.

ANCIENT EPITOME OF CANON XL.

A cleric on a journey may enter a tavern, otherwise not.

This canon is Canon xxvj. of the Synod of Hippo, A.D. 393.

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.

NOTES.

ANCIENT EPITOME OF CANON XLI.

The holy mysteries are not offered except by those who are fasting.

This canon is Canon xxviij. of the Synod of Hippo, A.D. 393.

JOHNSON.

From this canon and the 29th of Trullo, it is evident that by the Lord's Supper, the ancients understood the supper going before the Eucharist, and not the Eucharist itself, and that on Maunday-Thursday(2) yearly, before the Eucharist, they had such a public entertainment in imitation of our Saviour's last Paschal Supper. I refer it to the consideration of the learned reader, whether St. Paul, by the <greek>Deipnon</greek> <greek>kuriakon</greek>, 1 Cor. xi. 20, does not mean this entertainment. For the obvious translation of that verse is, "It is not your [duty or business] when you meet together [in the church] to eat the Lord's Supper." He would not have them to eat this supper in the public assembly: "For" (says he) "have ye not houses to eat and drink in, or despise ye the Church of God?" From the 4th age forward, the Eucharist was sometimes called the Lord's Supper; but from the beginning it was not so. And even after it did sometimes pass by this name, yet at other times this name was strictly used for the previous entertainment, as may be seen by this canon, which was made in the 4th century. Further it seems probable, that the Lord's Supper and the Love-feast was the same, though it was not usually called the Lord's Supper; but only (perhaps) that love-feast, which was made on the day of the institution of the Eucharist, which we now call Maundy-Thursday.

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.

NOTES.

ANCIENT EPITOME OF CANON XLII.

A cleric is not to feast in a church, unless perchance he is driven thereto by the necessity of hospitality. This also is forbidden to the laity.

This canon is Canon xxix. of the Synod of Hippo, A.D. 393.

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").

NOTES.

ANCIENT EPITOME OF CANON XLIII.

The bishops shall fix the time of penance for those doing penance according to their sins. A presbyter without his knowledge shall not reconcile one doing penance, even when necessity impels him thereto.(1)

This canon is canon xxx. of the Synod of Hippo, A.D. 393.

JOHNSON.

Here [i. e., in translating absidem church-porch] I follow Zonoras; see Can. Nic., 11. Du Pin renders absidem, a high place near the bishop's throne.

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(2) living with them they may take care of them, lest they hurt the reputation of the Church by wandering about.

NOTES.

ANCIENT EPITOME OF CANON XLIV.

She who leaves her father for the sake of virginity is to be commended to grave women.

This canon is Canon xxxj. of the Synod of Hippo, A.D. 393.

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.(1)

THAT to players and actors and other persons of that kind, as also to apostates when they are converted(2) and return to God, grace or reconciliation is not to be denied.

NOTES.

ANCIENT EPITOME OF CANON XLV.

That he who cannot answer for himself on account of illness is to be baptized when he shall have given evidence of his desire.

A repentant actor is to be received to penance.

This canon is made up of Canons xxxij. and xxxiij. of the Synod of Hippo, A.D. 393.

JOHNSON.

"Apostates," i.e., those who elsewhere are called Lapsi; those who had done sacrifice through the violence of torment in time of persecution, professing in the meantime that their consciences did not consent to what their hands did.

CANON XLVI. (Greek I.)

Concerning the passions of the martyrs.

THE passions of the Martyrs may be read when their anniversary days are celebrated.

NOTE.

ANCIENT EPITOME OF CANON XLVI.

The passions of the martyrs are to be read their commemorations.

This canon is the last part of Canon xxxvj. of the Synod of Hippo, A.D. 393.

CANON XLVII. (Greek li.)

Concerning [the Donatists and(3)] the children baptized by the Donatists.

CONCERNING the Donatists(4) 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:(5) 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.

NOTES.

ANCIENT EPITOME OF CANON XLVII.

When those in infancy baptized by Donatists are converted, this shall be no impediment to them. And the Holy Mysteries, as is right, are to be celebrated only by them fasting.

This canon is made from Canon xxxvij. of the Synod of Hippo, A.D. 393, and from Canon j. of the Synod of Carthage of August 28th, A.D. 397.

JOHNSON.

See Can. 41.

The pretence that the Donatists had for making a schism was, that Caecilian, Bishop of Carthage, had, in the time of persecution, been a Traditor, i.e., given up the Bible to the heathen inquisitors; this was denied by the Orthodox, who charged them with the same crime in effect, viz. of being too favourable to the Traditors, and those that had lapsed. They likewise are charged with Arianism.

I have omitted what is here mentioned concerning the Council of Nice; because I do not find that any one has been able to penetrate into the meaning of the Fathers as to that particular.

CANON XLVIII. (Greek lii.)

Of rebaptisms, reordinations, and translations of bishops.

BUT we suggest that we decree what was set forth by the wisdom of the plenary synod at Capua, that no rebaptisings, nor reordinations should take place, and that bishops should not be translated. For Cresconius, bishop of Villa Regis, left his own people and invaded the Church of Tubinia and having been admonished down to this very day, to leave, according to the decree, the diocese he had invaded, he treated the admonition with disdain. We have heard that the sentence pronounced against him has been confirmed; but we seek, according to our decree, that ye deign to grant that being driven thereto by necessity, it be free to us to address the rector of the province against him, according to the statutes of the most glorious princes, so that whoever is not willing to acquiesce in the mild admonition of your holiness and to amend his lawlessness, shall be immediately cast out by judicial authority. Aurelius the bishop said: By the observance of the constituted form, let him not be judged to be a member of (be synod, if he has been asked by you, dear brethren, to depart and has refused: for out of his own contempt and contumacy he has fallen to the power of the secular magistrate.(1) Honoratus and Urban the bishops said: This pleases us all, does it not? And all the bishops answered: It is just, it pleases us.

NOTES.

ANCIENT EPITOME OF CANON XLVIII.

Let there be no rebaptisms, nor reordinations nor translations of bishops. Therefore let Cresconius be forbidden by judicial authority, for he has left his own people, and has taken possession of the diocese of Ceneum, although ecclesiastically admonished that he was not to change.

This canon is Canon j., of the Synod of Carthage of August 28th. A.D. 397. The acts of this synod were first accurately edited by the Ballerini (in their edition of the works of St. Leo) and were printed by Mansi, in an amended form, in his Concilia.

CANON XLIX. (Greek liii.)

How many bishops there should be to ordain a bishop.

HONORATUS and Urban, the bishops, said: We have issued this command, that (because lately two of our brethren, bishops of Numidia, presumed to ordain a pontiff,) only by the concurrence of twelve bishops the ordination of bishops be celebrated. Aurelius, the bishop, said: The ancient form shall be preserved, that not less than three suffice who shall have been designated for ordaining the bishop. Moreover, because in Tripoli, and in Arzug the barbarians are so near, for it is asserted that in Tripoli there are but five bishops, and out of that number two may be occupied by some necessity; but it is difficult that all of the number should come together at any place whatever; ought this circumstance to be an impediment to the doing of what is of utility to the Church? For in this Church, to which your holiness has deigned to assemble(1) 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.

NOTES.

ANCIENT EPITOME OF CANON XLIX.

Fewer than three bishops do not suffice for the ordination of a bishop.

This is Canon ij., of the Synod of Carthage, August 28th, 397.

JOHNSON.

See Can. 13.

The occasion of this canon was a complaint that two bishops in Numidia had presumed to ordain a third; upon which it was proposed that not less than twelve should perform this office: But Aurelius, Bishop of Carthage, desires that the old form might be observed, and three bishops be sufficient; especially, because in Tripoli, where there were but five bishops in all, it would be hard to get more than three together. And he adds, that though it were no hard matter for him to get two bishops to assist him in his ordinations at Carthage, yet it would not be practicable for him to get twelve: "For," says he, "we have frequently, and almost every Sunday, men to be ordained." He must mean bishops for otherwise it had been nothing to his purpose, because he could ordain priests or deacons by himself, without the assistance of other bishops: and yet it is very strange, that ordinations of bishops should be so frequent as to bear that expression of "almost every Sunday." There were indeed above one hundred bishoprics in his Province; but these could not occasion above six or eight ordinations in a year; but it is probable that the privilege belonging to him, Can. 55, brought very many ordinations to the church of Carthage; for it is evident, there was a great scarcity of men fit for the Episcopal office in Africa. It is further evident from this canon, that bishops were not ordained in the church of their own see, but in that of the Primate. See Can. Ant., 19.

CANON L. (Greek liv.)

How many bishops should be added to the number of those ordaining, if any opposition had been made to the one to be ordained.

BUT this should be decreed, that when we shall have met together to choose a bishop, if any opposition shall arise, because such things have been treated by us, the three shall not presume to purge(2) 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.

NOTES.

ANCIENT EPITOME OF CANON L.

If any controversy arise concerning a bishop who has been elected by three bishops, let two others be coopted, and so let there be an examination made of his affairs; and if it shall appear that he is pure, let him be ordained.

This canon is Canon iij., of the Synod of Carthage, Aug. 28th, 397.

JOHNSON.

Here the bishops meet to choose a new one, and it is evident by the foregoing canon, that they met not in the vacant church, but in that of the Primate; and that therefore not the people, but the bishops had the chief share in the election. The people might make their objections, which supposes they knew who their intended bishop was; but the bishops were the judges of the cause. And it seems probable, that if there were any dispute, some of the bishops went to the vacant church to hear the allegations against the person that was elected, or proposed.

CANON LI. (Greek lv.)

That the date of Easter is to be announced by the Church of Carthage.

HONORATUS and Urban, the bishops, said: Since all things treated by our commonitory are known,(1) 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.

NOTES.

ANCIENT EPITOME OF CANON LI.

Let the day on which Easter is to be kept be announced by the Church of Carthage in the annual synod.

This canon is the first part of Canon iv. of the Synod of Carthage, August 28th, 397.

JOHNSON.

The synod met in August. See Can. 73.

CANON LII. (Greek lvi.)

Of visiting provinces.

HONORATUS and Urban, the bishops, said: This was commanded to us in word, that because it had been decreed in the Council of Hippo that each province should be visited in the time of the council, that ye also deign that this year or next, according to the order ye have drawn up, you should visit the province of Mauritania.

Aurelius, the bishop, said: Of the province of Mauritania because it is situated in the confines of Africa, we have made no decree, for they are neighbours of the barbarians; but God grant (not however that I make any rash promise of doing so), we may be able to come to your province. For ye should consider, brethren, that this same thing our brethren of Tripoli and of the Arzuges region(2) could demand also, if occasion offered.

NOTES.

ANCIENT EPITOME OF CANON LII.

As the Synod at Hippo decreed, every province should be visited in an annual Synod.

This canon is the last part of canon iv of the Council of Carthage, August 28th, A. D. 397.

JOHNSON.

The manner of visiting provinces, and that annually; and the persons by whom this visitation was performed, can scarce now be discovered; only it appears, by the words of Aurelius, that the Bishop of Carthage was one, if not the only visitor; but it was impossible that he could visit all the provinces in Africa personally every year, he must use delegates.

CANON LIII. (Greek lvii.)

That dioceses should not receive a bishop except by the consent of its own bishop.

EPIGONIUS, the bishop, said: In many councils it has been decreed by the sacerdotal assembly that such communities as are contained in other dioceses and ruled by their bishops, and which never had any bishops of their own, should not receive rulers, that is bishops, for themselves except with the consent of the bishop under whose jurisdiction they have been. But because some who have attained a certain domination abhor the communion of the brethren, or at least, having become depraved, claim for themselves domination with what is really tyranny, for the most part tumid and stolid presbyters, who lift up their heads against their own bishops or else win the people to themselves by feasting them or by malignant persuasion, that they may by unlawful favour wish to place themselves as rulers over them; we indeed hold fast that glorious desire of your mind, most pious brother Aurelius, for thou hast often opposed these things, paying no heed to such petitioners; but on account of their evil thoughts and basely conceived designs this I say, that such a community, which has always been subject in a diocese, ought not to receive a rector, nor should it ever have a bishop of its own. Therefore if this which I have proposed seems good to the whole most holy council, let it be confirmed.

Aurelius, the bishop, said: I am not in opposition to the proposition of our brother and fellow bishop: but I confess that this has been and shall be my practice concerning those who were truly of one mind, not only with regard to the Church of Carthage, but concerning every sacerdotal assemblage. For there are many who, as has been said, conspire with the people whom they deceive, tickling their ears and blandly seducing them, men of vicious lives, or at least puffed up and separated from this meeting, who think to watch over their own people, and never come to our council for fear that their wickedness should be discussed. I say, if it seems good, that not only should these not keep their dioceses, but that every effort should be made to have them expelled by public authority from that church of theirs which has evilly favoured them, and that they be removed even from the chief sees. For it is right that he who cleaves to all the brethren and the whole council, should possess with full right not only his church but also the dioceses. But they who think that the people suffice them and spurn the love of the brethren, shall not only, lose their dioceses, but (as I have said,) they shall be deprived by public authority of their own cures as rebels. Honoratus and Urban, the bishops, said: The lofty provision of your holiness obtains the adherence of the minds of all of us, and I think that by the answer of all what you have deigned to propose will be confirmed. All the bishops said: Placet, placet.

NOTES.

ANCIENT EPITOME OF CANON LIII.

Whoso shall neglect his call to a synod, and shall despise the charity of his brethren, putting his trust in the multitude who are with him, let him be deprived of them by the imperial authority.

This canon is Canon v. of the Synod of Carthage of August 28th, A. D. 397, beginning with the second clause.

JOHNSON.

It is very evident that a diocese here signifies some town or village lying remote from the Bishop's City, but belonging to his jurisdiction; and is to be understood to be a place distinct from the bishop's church or cathedral.

See also Can. 56 and Decr. Anast., 6.

CANON LIV. (Greek lviii.)

That a strange cleric is under no circumstances to be received by another.

EPIGONIUS, the bishop, said: This has been decreed in many councils, also just now it has been confirmed by your prudence, most blessed brethren, that no bishop should receive a strange cleric into his diocese without the consent of the bishop to whose jurisdiction the cleric belongs. But I say that Julian, who is ungrateful for the layouts bestowed upon him by God through my littleness, is so rash and audacious, that a certain man who was baptized by me, when he was a most needy boy, commended to me by the same, and when for many years he had been fed and reared by me, it is certain that this one, as I have said, was baptized in my church, by my own unworthy hands; this same man began to exercise the office of reader in the Mappalien diocese, and read there for nearly two years, with a most incomprehensible contempt of my littleness, the aforenamed Julian took this man, whom he declared to be a citizen of his own city Vazarita, and without consulting me ordained him deacon. If, most blessed brethren, that is permissible, let it be declared to us; but if not, let such an impudent one be restrained that he may in no way mix himself in someone's communion.

Numidius, the bishop, said: If, as it seems, Julian did this without your worthiness being asked for his consent, nor even consulted, we all judge that this was done iniquitously and unworthily. Wherefore unless Julian shall correct his error, and shall return the cleric to your people with proper satisfaction, since what he did was contrary to the decrees of the council, let him be condemned and separated from us on account of his contumacy. Epigonius, the bishop, said: Our father in age, and most ancient by his promotion, that laudable man, our brother and colleague Victor wishes that this petition should be made general to all.

NOTES.

ANCIENT EPITOME OF CANON LIV.

Since Julian has ordained a reader of Epigonius's to the diaconate, unless he shall shew authority received from him to do so, he shall increase the penalty of his contumacy.

This canon is Canon vj. of the Synod of Carthage, August 28th, A. D. 397.

JOHNSON.

See Canon of the Apostles, 12 (15, 16), and Chalcedon, 10.

CANON LV. (Greek lix.)

That it be lawful for the bishop of Carthage to ordain a cleric whenever he wishes.

AURELIUS, the bishop, said: My brethren, pray allow me to speak. It often happens that ecclesiastics who are in need seek deacons [proepositis in the Latin], or presbyters or bishops from me: and I, bearing in mind what things have been ordained these I observe, to wit, I summon the bishop of the cleric who is sought for, and I shew him the state of affairs, how that they of a certain church ask for a certain one of his clergy. Perchance then they make no objection, but lest it happen that afterwards they might object when in this case they shall have been demanded (postulati) by me, who (as you know) have the care of many churches and of the ordinands. It is fight therefore that I should summon a fellow bishop with two or three witnesses from our number. But if he be found indevotus [<greek>akaqosiwtos</greek>], 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:(1) 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(2) 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.

NOTES.

ANCIENT EPITOME OF CANON LV.

It is lawful for the bishop of Carthage, whenever he wills, to choose those who are to be set over the churches: even if there were only one presbyter worth of rule. For one bishop can ordain many presbyters, but one fit for the episcopate is hard to find.

This canon is the first half of Canon vij. of the Council of Carthage held August 28th A. D. 397.

JOHNSON.

It is evident, that this privilege of the Bishop of Carthage extended to the whole African diocese or the six provinces of Africa, which contained near five hundred bishoprics. This was what caused such frequent ordinations of bishops in the Church of Carthage (See Can. Afr. 49, and the Note) And it is further apparent, that the Bishop of Carthage had some power over the whole African church, and was probably their visitor (See Can. 52). But that he had the sole power of ordaining bishops for every church, with the assistance of any two bishops, does not appear, though Justellus is of this opinion; nay, the 49th canon proves that he had it not.

CANON LVI. (Greek lx.)

That bishops who were ordained for dioceses shall not choose for themselves dioceses [in the Greek provinces].

HONORATUS and Urban, the bishops, said: We have heard that it has been decreed that dioceses should not be deemed fit to receive bishops, unless with the consent of their founder: but in our province since some have been ordained bishops in the diocese, by the consent of that bishop by whose power they were established, have even seized dioceses for themselves, this should be corrected by the judgment of your charity, and prohibited for the future. Epigonius, the bishop, said: To every bishop should be reserved what is right, so that from the mass of dioceses no part should be snatched away, so as to have its own bishop, without consent from the proper authority. For it shall suffice, if the consent be given, that the diocese thus set apart have its own bishop only, and let him(1) 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.

NOTES.

ANCIENT EPITOME OF CANON LVI.

If any diocese has received consent to have a bishop of its own from him who has the right, that one shall not invade the rest of the dioceses.

This is the last part of Canon vij. of the Synod of Carthage, August 28, A. D. 397.

JOHNSON.

It had scarce been worth while to give so much of this canon in English if I had not thought it proper, in order to confirm the sense of the word diocese, mentioned in note on Can. 53, viz., a town or village, where there is a church subject to the bishop of the city.

Between this canon and the following, there is a reference to a former council at Carthage forbidding bishops to sail, without a formal letter from the Primate; and this said to be done when Caesarius and Atticus were consuls, anno aerae vulg. 397, and there is mention of an embassy of two bishops from a council of Carthage to the Emperors, to procure the privilege of sanctuary to all impeached for any crime, if they fled to the Church. This is said to be done when Honorius and Eutychianus were consuls, anno aerae vulg. 398. And further, here is an account of a bishop sent legate to Anastasius, Bishop of the Apostolical see, and Venerius of Milan, to supply the African Church with men fit to be ordained. For Aurelius complains that many Churches have not so much as one man, not so much as an illiterate one, in deacon's orders, much less had they a competent number of men for the superior dignities. He speaks of the importunate clamours of many people, that were themselves almost killed, I suppose, by some common pestilence.

In this council it was decreed that bishops should not travel by sea without formed letters.

During the consulate of those illustrious men, Caesar and Atticus, on the sixth before the Calends of July, at Carthage, it seemed good that no bishop should travel by water without "formed letters" from the Primate. The authentic acts will be found by him who seeks them.

In this council, bishops whose names are set down hereafter were sent as legates to the Emperor.

After the consulate of the most glorious Emperor Honorius Augustus for the fourth time, and of the renowned Eutychian, on the fifth of the calends of May, at Carthage in the secretarium of the restored basilica. In this council Epigonius and Vincent, the bishops, received a legation, in order that they might obtain a law from the most glorious princes in behalf of those taking refuge in the Church, whatever might be the crime of which they were accused, that no one should dare to force them away.

In this council a legation was sent to the Bishops of Rome and Milan with regard to children baptized by heretics, and to the Emperor with regard to having such idols as still remained taken away, and also with regard to many other matters.

After the consulate of the renowned Flabius Stilico, on the sixteenth of the calends of July, at Carthage in the secretarium of the restored basilica.

When Aurelius, the Bishop, together with his fellow-bishops had taken their seats, the deacons standing by, Aurelius, the Bishop, said: Your charity, most holy brethren, knows fully as well as I do the necessities of the churches of God throughout Africa. And since the Lord has vouchsafed that from a part of your holy company this present assembly should be convened, it seems to me that these necessities which in the discharge of our solicitude we have discovered, we ought to consider together. And afterwards, that there should be chosen a bishop from our number who may, with the help of the Lord and your prayers, assume the burden of these necessities, and zealously accomplish whatever ought to be done in the premises, going to the parts of Italy across seas, that he may acquaint our holy brethren and fellow-bishops, the venerable and holy brother Anastasius, bishop of the Apostolic see, and also our holy brother Venerius the Bishop of Milan, with our necessity and grief, and helplessness. For there has been withheld from these sees the knowledge of what was necessary to provide against the common peril, especially that the need of clergy is so great that many churches are in such destitution as that not so much as a single deacon or even an unlettered clerk is to be found. I say nothing of the superior orders and offices, because if, as I have said, the ministry of a deacon is not easily to be had, it is certainly much more difficult to find one of the superior orders. [And let them also tell these bishops] that we can no longer bear to hear the daily lamentations of the different peoples almost ready to die, and unless we do our best to help them, the grievous and inexcusable cause of the destruction of innumerable souls will be laid at our door before God.

CANON LVII. (Greek lxi.)

That persons baptized when children by the Donatists may be ordained clergymen in the Catholic Church.

SINCE in the former council it was decreed, as your unanimity remembers as well as I do, that those who as children were baptized by the Donatists, and not yet being able to know the pernicious character of their error, and afterward when they had come to the Use of reason, had received the knowledge of the truth, abhorred their former error, and were received, (in accordance with the ancient order) by the imposition of the hand, into the Catholic Church of God spread throughout the world, that to such the remembrance of the error ought to be no impediment to the reception of the clerical office. For in coming to faith they thought the true Church to be their own and there they believed in Christ, and received the sacraments of the Trinity. And that all these sacraments are altogether true and holy and divine is most certain, and in them the whole hope of the soul is placed, although the presumptuous audacity of heretics, taking to itself the name of the truth, dares to administer them. They are but one after all, as the blessed Apostle tells us, saying: "One God, one faith, one baptism," and it is not lawful to reiterate what once only ought to be administered. [Those therefore who have been so baptized] having anathematized their error may be received by the imposition of the hand into the one Church, the pillar as it is called, and the one mother of all Christians, where all these Sacraments are received unto salvation and everlasting life; even the same sacraments which obtain for those persevering in heresy the heavy penalty of damnation. So that which to those who are in the truth lighteneth to the obtaining of eternal life, the same to them who are in error tends but to darkness and damnation. With regard then to those who, having fled from error, acknowledge the breasts of their mother the Catholic Church, who believe and receive all these holy mysteries with the love of the truth, and besides the Sacraments have the testimony of a good life, there is no one who would not grant that without doubt such persons may be raised to the clerical office, especially in such necessity as the present. But there are others of this sect, who being already clergymen, desire to pass to us with their peoples and also with their honours, such as for the sake of office are converts to life, and that they may retain them seek for salvation [i.e., enter the Church]. I think that the question concerning such may be left to the graver consideration of our 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.

NOTES.

ANCIENT EPITOME OF CANON LVII.

Such as have been while children baptized by the Donatists may be ordained should they repent, anathematize their heresy, and be otherwise worthy.

Of the three Introductions to Carthaginian Councils which precede this canon, the first refers to the synod held June 26, A.D. 397; the second to that held April 27, A.D. 399; and the third to that of June 15 (or 16), A.D. 401.

The canon is Canon j. of the Synod of Carthage of June 15 (or 16), A.D. 401. The eight other canons of this synod follow in the African Code in their own order.

JOHNSON.

See Can. 47, which was made in a former synod.

CANON LVIII. (Greek lxii.)

Of the remaining idols or temples which should be done away by the Emperors.

WHEREFORE the most religious Emperors should be asked(1) 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.

NOTES.

ANCIENT EPITOME OF CANON LVIII.

The remains of the idols should be abolished altogether.

This is Canon ij. of the Synod of Carthage of June 15 (16), A.D. 401.

CANON LIX. (Greek lxiii.)

That clerics be not compelled to give testimony in public concerning the cognizance of their own judgment.

IT should be petitioned also that they deign to decree, that if perchance any shall have been willing to plead their cause in any church according to the Apostolic law imposed upon the Churches, and it happens that the decision of the clergy does not satisfy one of the parties, it be not lawful to summon that clergyman who had been cognitor or present,(2) into judgment as a witness, and that no person attached to any ecclesiastic be compelled to give testimony.

NOTES.

ANCIENT EPITOME OF CANON LIX.

A cleric who has decided a case shall not, if it be displeasing, be summoned to a tribunal to give evidence concerning it; and no ecclesiastical person shall be forced to give testimony.

This is Canon iij. of the Synod of Carthage, June 15 (or 16). A.D. 401.

JOHNSON.

"According to the Apostolic law," viz., that of St. Paul, 1 Cor. vi. 1, 2, etc. I follow the Greek scholia in rendering this canon. In Latin cognitor is he that is solicitor, or advocate, rather than the judge who takes cognizance.

CANON LX. (Greek lxiii.)

Of heathen feasts.

THIS also must be sought, that (since contrary to the divine precepts feasts are held in many places, which have been induced by the heathen error, so that now Christians are forced to celebrate these by heathens, from which state of things it happens that in the times of the Christian Emperors a new persecution seems to have secretly arisen:) they order such things to be forbidden and prohibit them from cities and possessions under pain of punishment; especially should this be done since they do not fear to commit such iniquities in some cities even upon the natal days of most blessed martyrs, and in the very sacred places themselves. For upon these days, shame to say, they perform the most wicked leapings throughout the fields and open places, so that matronal honour and the modesty of innumerable women who have come out of devotion for the most holy day are assaulted by lascivious injuries, so that all approach to holy religion itself is almost fled from.

NOTES.

ANCIENT EPITOME OF CANON LX.

The Greek feasts must cease to be kept, because of their impropriety, and because they seduce many Christians, moreover they are celebrated on the commemorations of the martyrs.

This is Canon iv. of the Synod of Carthage, Aug. 15 (or 16), A.D. 401.

JOHNSON.

Bishop Beveridge