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

Ante-Nicene / Post-Nicene Fathers · 142 sections

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Of people or dioceses returned from the Donatists. Such communities as have returned from the Donatists and have had bishops, without doubt may continue to have them even without any action of the councils, but such a community as had a bishop and when he dies wish no longer to have a bishop of their own, but to belong to the diocese of some other bishop, this is not to be denied them. Also such bishops as before the promulgation of the imperial law concerning unity as brought back their people to the Catholic Church, they ought to be allowed still to rule them: but from the time of that law of unity, all the Churches, and their dioceses, and if perchance there be any instruments of the Church or things pertaining to its rights should belong to the Catholic bishops of those places to whom the places pertained while under the heretics, whether they be converted to the Catholic Church or remain unconverted heretics. Whoever after this law shall make any such usurpation, shall restore as is meet the usurped possessions. Notes. Ancient Epitome of Canon XCIX. Whoever are converted from the Donatists may retain their own bishops, although they had them without the consent of the synod; and when the bishop is dead, if they do not wish another to be substituted in his room, but desire to place themselves under some other bishop, they shall be allowed to do so. And such bishops as before the union have brought back the people they ruled, let them still rule them. After the imperial Edict on Unity every church must defend its own rights. This canon is Canon v. of Carthage, a.d. 407. Johnson. “An imperial law concerning unity” i.e. For uniting all in the catholic faith, and ejecting the donatistical bishops.
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Of the suggestion of Bishop Maurentius. Hefele says “The text of this canon is much corrupted and very difficult to be understood.” He gives as a synopsis, “The council appoints judges in the affair of Bishop Maurentius.” (Hefele, Vol. II, p. 443.) Johnson thus condenses and translates. Bishop Maurentius having an information against him, lying before the council, moves for a hearing; but the informers don’t appear upon three calls made by the deacons on the day appointed. The cause is referred to Senex Xantippus, Augustinus, and five more summoned by the council, the informers were to make up the number twelve. Notes. Ancient Epitome of Canon C. It is right that sentence be given on the subdeacons who are said to be present from Nova Germania, who have thrice been sought and not found. But out of regard to ecclesiastical gentleness, let some be sent to look into the matter. Balsamon. The contents of this canon are of a private character, and therefore have not been commented on. This canon is Canon vj. of Carthage, a.d. 407. Johnson. “Senex” i.e. Primate Xantippus, as is commonly believed. He and others have this title frequently given them in the acts of these councils. See can. 8.
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Of making peace between the Churches of Rome and Alexandria. It seemed good that a letter be written to the holy Pope Innocent concerning the dissension between the Churches of Rome and Alexandria, so that each Church might keep peace with the other as the Lord commanded. Notes. Ancient Epitome of Canon CI. It seemed good to write to Innocent that the Roman and Alexandrian churches might be at peace between themselves. This canon is Canon vij. of Carthage, a.d. 407.
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Of those who put away their wives or husbands, that so they remain. It seemed good that according to evangelical and apostolical discipline a man who had been put away from his wife, and a woman put away from her husband should not be married to another, but so should remain, or else be reconciled the one to the other; but if they spurn this law, they shall be forced to do penance, covering which case we must petition that an imperial law be promulgated. Notes. Ancient Epitome of Canon CII. Married people who are loosed must remain unmarried or else be reconciled, otherwise they shall be forced to do penance. This canon is Canon viij. of Carthage, a.d. 407, and is found in the Corpus Juris Canonici, Gratian’s Decretum, P. II., Causa xxxij., Quæst. vij., can. v.
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Of the prayers to be said at the Altar. This also seemed good, that the prayers which had been approved in synod should be used by all, whether prefaces, commendations, or laying on of the hand, and that others contrary to the faith should not be used by any means, but that those only should be said which had been collected by the learned. Notes. Ancient Epitome of Canon CIII. The same as the canon, but omits the last phrase. This canon is Canon ix. of Carthage, a.d. 407. Johnson. That is, such forms fitted for the present time or occasion, as our Church uses in her Communion Office before the trisagium, on Christmas, Easter, etc. These prefaces were very ancient in the Christian church. Prayers used to recommend the catechumens, penitents, and dying souls to God’s protection were styled “Commendations.”
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Of these who ask from the Emperor that secular judges may take cognizance of their causes. It seemed good that whoever should seek from the Emperor, that secular judges should take cognizance of his business, should be deprived of his office; if however, he had asked from the Emperor an episcopal trial, no objection should be made. Notes. Ancient Epitome of Canon CIV. Let not him be a bishop who from the Emperor seeks a public judgment. This canon is Canon X. of Carthage, a.d. 407. Johnson. See Canon Ant., 12.
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Of those who do not communicate in Africa and would go across seas. Whoever does not communicate in Africa, and goes to communicate across seas, let him be cast out of the clergy. Notes. Ancient Epitome of Canon CV. Whoever is cut off from communion in Africa, and goes to parts across seas that he may there communicate, is to be cast out of the clergy. This canon is Canon j. of Carthage, a.d. 407.
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That those who are going to carry their case to court should be careful to inform either the bishop of Carthage or478 the bishop of Rome. It seemed good that whoever wished to go to court, should give notice in the form which is sent to the Church of the city of Rome, that from thence also he should receive a formed letter to court. But if receiving only a formed letter to Rome, and saying nothing about the necessity which he had of going to court, he willed immediately to go thither, let him be cut off from communion. But if while at Rome the necessity of going to court suddenly arose, let him state his necessity to the bishop of Rome and let him carry with him a rescript of the same Roman bishop. But let the formed letters which are issued by primates and by certain bishops to their own clergy have the date of Easter; but if it be yet uncertain what is the date of Easter of that year, let the preceding Easter’s date be set down, as it is customary to date public acts after the consulship. It further seemed good that those who were sent as delegates from this glorious council should ask of the most glorious princes whatever they saw would be useful against the Donatists and Pagans, and their superstitions. It also seemed good to all the bishops that all conciliar letters be signed by your holiness alone. And they subscribed: I, Aurelius, Bishop of Carthage, have consented to this decree, and having read it, now subscribe my name. Likewise also the rest of the bishops subscribed. Ancient Epitome of Canon CVI. Whoever from any necessity was going to court, must declare his intention to the bishop of Carthage and to the bishop of Rome, and receive a letter dimissory, and otherwise he shall be excommunicated. Whatever shall seem to the legates useful against the Donatists and Greeks, and their superstitions, that shall be sought from the Emperor. (Greek cx.) Synod against the pagans and heretics. In the consulship of those most illustrious men Bassus and Philip, the xvith Calends of July, at Carthage, in the secretarium of the restored basilica. 479 In this council the bishop Fortunatian received a second appointment as legate against the pagans and heretics. Item, a council against the pagans and heretics. In the consulship of those most illustrious men Bassus and Philip, the iii. Ides of October at Carthage, in the Secretarium of the restored basilica*. In this council the bishops Restitutus and Florentius received a legation against the pagans and heretics, at the time Severus and Macarius were slain, and on their account the bishops Euodius, Theasius and Victor were put to death. Notes. This canon is Canon xij. of Carthage, a.d. 407. Johnson. Of “Formal Letters” see Can. Ap., 10 (13).
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A Council concerning a bishop taking cognizance. In the consulate of the most glorious Emperors Honorius for the VIIth time and Theodosius for the IIId, Augusti, xvii. Calends of July, a synod was held at Carthage in the basilica of the second region. In this council it seemed good that no one bishop should claim the right to take cognizance of a cause. The acts of this council I have not here written down, because it was only provincial and not general. Ancient Epitome of Canon CVII. One bishop shall not claim for himself to take cognizance of a cause alone. (Greek cxi.) Synod against the Donatists. After the consulate of the most illustrious Emperors Honorius for the VIIIth time and Theodosius for the IVth time, Augusti, xviii. Calends of July, at Carthage in the basilica of the second region. In this council the bishops, Florentius, Possidius, Præsidius and Benenatus received legation against the Donatists, at that time at which a law was given that anyone might practice the Christian worship at his own will. Notes. Ancient Epitome of Canon CVII. Let each one receive the practice of piety of his own free will. The two first introductions belong respectively to the Synods of Carthage of June 16 and of October 13, a.d. 408. Canon cvij. of the African code and that which follows it are the introductions to the Synods of Carthage of June 15, a.d. 409, and of June 14, a.d. 410. Johnson. See can. 10, 11, 12, 28 (31), 79 (80). Recognises, a law of the Empire, that everyone receive christianity at his own free choice.
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Synod against the heresy of Pelagius and Celestius. In the consulate of the most glorious Emperors, Honorius for the XIIth time and Theodosius for the VIIIth, Augusti most exalted, on the Calends of May, at Carthage in the secretarium of the Basilica of Faustus. When Aurelius the bishop presided over the whole council, the deacons standing by, it pleased all the bishops, whose names and subscriptions are indicated,480 met together in the holy synod of the Church of Carthage to define—481
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That Adam was not created by God subject to death. That whosoever says that Adam, the first man, was created mortal, so that whether he had sinned or not, he would have died in body—that is, he would have gone forth of the body, not because his sin merited this, but by natural necessity, let him be anathema. Notes. Ancient Epitome of Canon CIX. Whoso shall assert that the protoplast would have died without sin and through natural necessity, let him be anathema. Canon CVIII. is the introduction to the Synod of Carthage of May 1, a.d. 418; and Canon CIX. is Canon j. of that synod.
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That infants are baptized for the remission of sins. Likewise it seemed good that whosoever denies that infants newly from their mother’s wombs should be baptized, or says that baptism is for remission of sins, but that they derive from Adam no original sin, which needs to be removed by the laver of regeneration, from whence the conclusion follows, that in them the form of baptism for the remission of sins, is to be understood as false and not true, let him be anathema. For no otherwise can be understood what the Apostle says, “By one man sin is come into the world, and death through sin, and so death passed upon all men in that all have sinned,” than the Catholic Church everywhere diffused has always understood it. For on account of this rule of faith (regulam fidei) even infants, who could have committed as yet no sin themselves, therefore are truly baptized for the remission of sins, in order that what in them is the result of generation may be cleansed by regeneration. Notes. Ancient Epitome of Canon CX. Whoso affirms that those newly born and baptized contract nothing from Adam’s transgression, which needs to be washed away by baptism, is to be execrated: for through one both death and sin invaded the whole world. This is Canon ij. of Carthage, a.d. 418 Greek Canon 112 . Johnson. See Can. 63, 104, both which are double, as this likewise is in the old Greek scholiasts. Also it seemed good, that if anyone should say that the saying of the Lord, “In my Father’s house are many mansions” is to be understood as meaning that in the kingdom of heaven there will be a certain middle place, or some place somewhere, in which infants live in happiness who have gone forth from this life without baptism, without which they cannot enter the kingdom of heaven, which is eternal life, let him be anathema. For after our Lord has said: “Except a man be born again of water and of the Holy Spirit he shall not enter the kingdom of heaven,” what Catholic can doubt that he who has not merited to be coheir with Christ shall become a sharer with the devil: for he who fails of the right hand without doubt shall receive the left hand portion. Notes. The foregoing, says Surius, is found in this place in a very ancient codex. It does not occur in the Greek, nor in Dionysius. Bruns relegates it to a foot-note.
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That the grace of God not only gives remission of sins, but also affords aid that we sin no more. Likewise it seemed good, that whoever should say that the grace of God, by which a man is justified through Jesus Christ our Lord, avails only for the remission of past sins, and not for assistance against committing sins in the future, let him be anathema. Ancient Epitome of Canon CXI. Whoever is of opinion that the grace of God only gives remission of those sins we have already committed, and does not afford aid against sin in the future, is to be twice execrated.
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That the grace of Christ gives not only the knowledge of our duty, but also inspires us with a desire that we may be able to accomplish what we know. Also, whoever shall say that the same grace of God through Jesus Christ our Lord helps us only in not sinning by revealing to us and opening to our understanding the commandments, so that we may know what to seek, what we ought to avoid, and also that we should love to do so, but that through it we are not helped so that we are able to do what we know we should do, let him be anathema. For when the Apostle says: “Wisdom puffeth up, but charity edifieth” it were truly infamous were we to believe that we have the grace of Christ for that which puffeth us up, but have it not for that which edifieth, since in each case it is the gift of God, both to know what we ought to do, and to love to do it; so that wisdom cannot puff us up while charity is edifying us. For as of God it is written, “Who teacheth man knowledge,” so also it is written, “Love is of God.” Notes. Ancient Epitome of Canon CXII. Whoever says that the grace of God is given to us only that we may know what we ought to do and what to flee from, but not also that we may love the thing known, and be able to accomplish it, let him be anathema. Canon cxi. is Canon iij. of Carthage, a.d. 418, and Canon cxii. is Canon iv. of the same synod.
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That without the grace of God we can do no good thing. It seemed good that whosoever should say that the grace of justification was given to us only that we might be able more readily by grace to perform what we were ordered to do through our free will; as if though grace was not given, although not easily, yet nevertheless we could even without grace fulfil the divine commandments, let him be anathema. For the Lord spake concerning the fruits of the commandments, when he said: “Without me ye can do nothing,” and not “Without me ye could do it but with difficulty.” Notes. Ancient Epitome of Canon CXIII. Whoso preaches that without grace we could keep the commandments although with difficulty, is to be thrice execrated. For the Lord says, “Without me ye can do nothing.” This is Canon V. of Carthage, a.d. 418.
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That not only humble but also true is that voice of the Saints: “If we say that we have no sin we deceive ourselves.” It also seemed good that as St. John the Apostle says, “If we shall say that we have no sin we deceive ourselves and the truth is not in us,” whosoever thinks that this should be so understood as to mean that out of humility, we ought to say that we have sin, and not because it is really so, let him be anathema. For the Apostle goes on to add, “But if we confess our sins, he is faithful and just to forgive us our sins and to cleanse us from all iniquity,” where it is sufficiently clear that this is said not only of humility but also truly. For the Apostle might have said, “If we shall say we have no sins we shall extoll ourselves, and humility shall have no place in us;” but when he says, “we deceive ourselves and the truth is not in us” he sufficiently intimates that he who affirmed that he had no sin would speak not that which is true but that which is false. Notes. Ancient Epitome of Canon CXIV. Whosoever shall interpret the saying of the Divine [i.e. St. John]: “If we shall say that we have no sin, we deceive ourselves” as not being really true but as spoken out of humility, let him be anathema. This is Canon vj. of Carthage, a.d. 418.
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That in the Lord’s Prayer the Saints say for themselves: “Forgive us our trespasses.” It has seemed good that whoever should say that when in the Lord’s prayer, the saints say, “forgive us our trespasses,” they say this not for themselves, because they have no need of this petition, but for the rest who are sinners of the people; and that therefore no one of the saints can say, “Forgive me my trespasses,” but “Forgive us our trespasses;” so that the just is understood to seek this for others rather than for himself; let him be anathema. For holy and just was the Apostle James, when he said, “For in many things we offend all.” For why was it added “all,” unless that this sentence might agree also with the psalm, where we read, “Enter not into judgment with thy servant, O Lord, for in thy sight shall no man living be justified;” and in the prayer of the most wise Solomon: “There is no man that sinneth not;” and in the book of the holy Job: “He sealeth in the hand of every man, that every man may know his own infirmity;” wherefore even the holy and just Daniel when in prayer said several times: “We have sinned, we have done iniquity,” and other things which there truly and humbly he confessed; nor let it be thought (as some have thought) that this was said not of his own but rather of the people’s sins, for he said further on: “When I shall pray and confess my sins and the sins of my people to the Lord my God;” he did not wish to say our sins, but he said the sins of his people and his own sins, since he as a prophet foresaw that those who were to come would thus misunderstand his words. Notes. Ancient Epitome of Canon CXV. Whoso expounds this, “forgive us our trespasses” as speaking only of the multitude and not of individuals let him be anathema: Since Daniel even he can behold saying with the multitude “I confessed my sins and the sins of my people.” This is Canon vij. of Carthage, a.d. 418.
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That the Saints say with accuracy, “Forgive us our trespasses.” Likewise also it seemed good, that whoever wished that these words of the Lord’s prayer, when we say, “Forgive us our trespasses” are said by the saints out of humility and not in truth let them be anathema. For who would make a lying prayer, not to men but to God? Who would say with his lips that he wished his sins forgiven him, but in his heart that he had no sins to be forgiven. Notes. Ancient Epitome of Canon CXVI. (Lacking.) This is Canon viij. of Carthage, a.d. 418.
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Of peoples converted from the Donatists. Item, it seemed good, since it was so decreed some years ago by a plenary council, that whatever churches were erected in a diocese before the laws were made concerning Donatists when they became Catholic, should pertain to the sees of those bishops through whom their return to Catholic unity was brought about; but after the laws whatever churches communicated were to belong there where they belonged when they were Donatists. But because many controversies afterward arose and are still springing up between bishops concerning dioceses, which were not then at all in prospect, now it has seemed good to this council, that wherever there was a Catholic and a Donatist party, pertaining to different sees, at whatever time unity has been or shall be made, whether before or after the laws, the churches shall belong to that see to which the Catholic church which was already there belonged. Notes. Ancient Epitome of Canon CXVII. Whenever conversions and unions of Donatists are effected, let them be subject to that throne to which the Catholic Church which was formerly there was subject. This is Canon ix. of Carthage, a.d. 418.
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How bishops as well Catholic as those who have been converted from the Donatists are to divide between themselves the dioceses. So, too, it has seemed good that if a bishop has been converted from the Donatists to Catholic unity, that equally there should be divided what shall have been so found where there were two parties; that is, that some places should pertain to one and some to the other; and let the division be made by him who has been the longest time in the episcopate, and let the younger choose. But should there be only one place let it belong to him who is found to be the nearer. But should the distance be equal to each of the two cathedrals let it belong to the one the people may choose. But should the old Catholics wish their own bishop, and if the same be the case with the converted Donatists, let the will of the greater number prevail, but should the parties be equal, let it belong to him who has been longest bishop. But if so many places be found in which there were both parties, that an equal division is impossible, as for example, if they are unequal in number, after those places have been distributed which have an equal number, the place that remains over shall be disposed of as is provided above in the case where there is but one place to be treated. Notes. Ancient Epitome of Canon CXVIII. Those who have been converted from Donatus, let them divide the dioceses; and let the senior bishop make the division, and the junior choose which he will. This is Canon x. of Carthage, a.d. 418.
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That if a bishop shall possess a diocese which he has snatched from heresy for three years, no one may take it from him. Item, it seemed good that if anyone after the laws should convert any place to Catholic unity and retain it for three years without opposition, it should not be taken away from him afterwards. If however there was during those three years a bishop who could claim it and was silent, he shall lose the opportunity. But if there was no bishop, no prejudice shall happen to the see,482 but it shall be lawful when the place that had none shall receive a bishop, to make the claim within three years of that day. Item, if a Donatist bishop shall be converted to the Catholic party, the time that has elapsed shall not count against him, but from the day of his conversion for three years he shall have the right of making a claim on the places which belonged to his See. Notes. Ancient Epitome of Canon CXIX. Whosoever shall convert a region to Orthodoxy and shall keep it converted for three years, let him be without blame. But if the bishop converted from Donatus within three years of its conversion seeks his diocese again, let it be returned to him (εἰ ἐνάγει, ἐναγέτω.) This is Canon xj. of Carthage, a.d. 418.
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Of those who intrude upon peoples which they think belong to them, without the consent of those by whom they are held. Item, it seemed good that whatever bishops seek the peoples whom they consider to pertain to their see, not by bringing their causes before the episcopal judges, but rush in while another is holding the place, all such, (whether said people are willing to receive them or no) shall lose their case. And whoever have done this, if the contention between the two bishops is not yet finished but still going on, let him depart who intruded without the decree of the ecclesiastical judges; nor let anyone flatter himself that he will retain what he has seized if he shall obtain letters from the primate, but whether he has such letters or has them not, it is suitable that he who holds and receives his letters should make it appear then that he has held the church pertaining to him peaceably. But if he has referred any question, let the cause be decided by the episcopal judges, whether those whom the primates have appointed for them, or the neighbouring bishops whom they have chosen by common consent. Notes. Ancient Epitome of Canon CXX. Let no one seize for himself what he thinks belongs to him: but let the bishops judge or whom the Primate will give, or whom the neighbouring bishops shall give with his consent. But whosoever has received letters from the primate concerning the keeping of such regions and churches merely deceives himself. This is Canon xij. of Carthage, a.d. 418.
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Of those who neglect the peoples belonging to them. Item, it seemed good that whoever neglect to bring the places belonging to their see into Catholic unity should be admonished by the neighbouring diligent bishops, that they delay no longer to do this; but if within six months from the day of the convention they do nothing, let them pertain to him who can win them: but with this proviso however, that if he to whom it seemed they naturally belonged can prove that this neglect was intentional and more efficacious in winning them than the greater apparent diligence of others; when the episcopal judges shall be convinced that this is the case, they shall restore the places to his see. If the bishops between whom the cause lies are of different provinces, let the Primate in whose province the place is situated about which there is the dispute, appoint judges; but if by mutual consent they have chosen as judges the neighbouring bishops, let one or three be chosen: so that if they choose three they may follow the sentence of all or of two. Notes. Ancient Epitome of Canon CXXI. If any neglect what belongs to their jurisdiction, let them be admonished; and if they shall do nothing within a six month, let them be adjudged to him who can win them. But if they have committed the neglect out of policy so as not to irritate the heretics, and this shall appear to have been the case, their sees shall be restored to them, by the judgment of the bishops either appointed or elected. This is Canon xiij. of Carthage, a.d. 418.
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The sentence of the elected judges ought not to be spurned. From the judges chosen by common consent of the parties, no appeal can be taken; and whoever shall be found to have carried such an appeal and contumaciously to be unwilling to submit to the judges, when this has been proved to the primate, let him give letters, that no one of the bishops should communicate with him until he yield. Notes. Ancient Epitome of Canon CXXII. A judge chosen by both parties cannot be repudiated. This is Canon xiv. of Carthage, a.d. 418. Johnson. See Canons 76 (79) and 80 (83).
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That if a bishop neglects his diocese he is to be deprived of communion. If in the mother cathedrals a bishop should have been negligent against the heretics, let a meeting be held of the neighbouring diligent bishops, and let his negligence be pointed out to him, so that he can have no excuse. But if within six months after this meeting, if an execution was in his own province, and he had taken no care to convert them to Catholic unity, no one shall communicate with him till he does his duty. But if no executor shall have come to the places, then the fault shall not be laid to the bishop. Notes. Ancient Epitome of Canon CXXIII. A bishop who spurns the care of heretics, and if after being warned he continues for six months in his contempt, and has no care for their conversion, is to be excommunicated. This is Canon xv. of Carthage, a.d. 418. Johnson. So i.e. “Metropoles” I turn matrices cathedræ. I know indeed there were no fixed ecclesiastical metropoles, in Africa; but they had civil metropoles called by that name, can. 86, (89) which see. Of these officers i.e. “Executors “ see can. 97 (100).
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Of bishops who shall lie with regard to Donatists’ communions. If it shall be proven that any bishop has lied concerning the communion of those who had been Donatists , and had said that they had communicated when he knew it was an established fact that they had not done so, let him lose his bishoprick. Notes. Ancient Epitome of Canon CXXIV. Whoso says that a man, whom he knows does not communicate, does communicate is to be deprived of his episcopate. This is Canon xvj. of Carthage, a.d. 418.
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That presbyters and clerics are not to appeal except to African Synods. Item, it seemed good that presbyters, deacons, or other of the lower clergy who are to be tried, if they question the decision of their bishops, the neighbouring bishops having been invited by them with the consent of their bishops, shall hear them and determine whatever separates them. But should they think an appeal should be carried from them, let them not carry the appeal except to African councils or to the primates of their provinces. But whoso shall think of carrying an appeal across seas he shall be admitted to communion by no one in Africa. Notes. Ancient Epitome of Canon CXXV. A presbyter and deacons, who has been condemned by his own bishop, let him appeal to the neighbouring bishops: but let them not cross the sea. In Africa they shall be excommunicated. This is Canon xvij. of Carthage, a.d. 418. Johnson. A repetition of Canon 28 (31).
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That Virgins, even when minors, should be given the veil. Item, it seemed good that whatever bishop, by the necessity of the dangers of virginal purity, when either a powerful suitor or some ravisher is feared, or if she shall be pricked with some scruple of death that she might die unveiled, at the demand either of her parents or of those to whose care she has been entrusted, shall give the veil to a virgin, or shall have given it while she was under twenty-five years of age, the council which has appointed that number of years shall not oppose him. Notes. Ancient Epitome of Canon CXXVI. Whosoever has veiled or shall veil a virgin before she is twenty-five years of age (that is give her the habit, or clothe her), being forced thereto on account of a powerful lover, or a ravisher, or deadly disease, provided those who have the charge of her so exhort, shall receive no damage from the synod concerning that age. This is Canon xviij. of Carthage, a.d. 418. The reference to a former canon is to Canon j. of the second series of the canons of the Synod of Hippo in a.d. 393.
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That bishops be not detained too long in council, let them choose three judges from themselves of the singular provinces. Item, it seemed good, lest all the bishops who are assembled at a council be kept too long, that the whole synod should choose three judges of the several provinces; and they elected for the province of Carthage Vincent, Fortunatian, and Clarus; for the province of Numidia Alypius, Augustine, and Restitutus; for the province of Byzacena, with the holy Senex Donatian the Primate, Cresconius, Jocundus, and Æmilian; for Mauritania Sitephensis Severian, Asiaticus, and Donatus; for the Tripolitan province Plautius, who alone was sent as legate according to custom; all these were to take cognizance of all things with the holy senex Aurelius, from whom the whole council sought that he should subscribe all things done by the council whether acts or letters. And they subscribed: I, Aurelius, bishop of the church of Carthage consent to this decree and having read it sign my name. Likewise also signed they all. Ancient Epitome of Canon CXXVII. Whenever the bishops who come to synod can remain no longer in attendance, let three be chosen from each province. This is Canon xix. of Carthage, a.d. 418. Johnson. Two Sancti Senes mentioned, who we are sure were both primates. See can. 100 (104). See can. 14. And here we have an ancient precedent for synods delegating their authority to a committee, with the primate of all Africa at the head of it. Item, at this council there was present a legation from the Roman Church. After the consulate of the most glorious emperors Honorius for the XIIth. time and Theodosius for the VIIIth., Augusti, on the III. Calends of June, at Carthage, in the Secretarium of the restored basilica, when Aurelius the bishop together with Faustinus of the church of Potentia in the Italian province of Picenum, a legate of the Roman Church, Vincent of Calvita483 (Culositanus), Fortunatian of Naples, Marianus Uzipparensis, Adeodatus of Simidica, Pentadius of Carpi, Rufinian of Muzuba, Prætextatus of Sicily, Quodvultdeus of Veri (Verensis), Candidus of Abbirita, Gallonian of Utica, legates of the proconsular province; Alypius of Tagaste, Augustine of Hippo Regia and Posidonius of Calama, legates of the province of Numidia; Maximian of Aquæ, Jocundus of Sufetula, and Hilary of Horrea- Cascilia, legates of the province of Byzacena; Novatus of Sitifi and Leo of Mocta, legates of the province of Mauritania Sitiphensis; Ninellus of Rusucarrum, Laurence of Icosium and Numerian of Rusgunium, legates of the Province of Mauritania Cæsariensis, the judges chosen by the plenary council, had taken their seats, the deacons standing by, and when, after certain things had been accomplished, many bishops complained that it was not possible for them to wait for the completion of the rest of the business to be treated of, and that they must hasten to their own churches; it seemed good to the whole council, that by all some should be chosen from each province who should remain to finish up what was left to be done. And it came about that those were present whose subscriptions testify that they were present.
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That those out of communion should not be allowed to bring accusation. It seemed good to all, as it had been decreed by the former councils, concerning what persons were to be admitted to bring accusations against clerics; and since it had not been expressed what persons should not be admitted, therefore we define, that he cannot properly be admitted to bring an accusation, who had been already excommunicated, and was still lying under that censure, whether he that wished to be the accuser were cleric or layman. Notes. Ancient Epitome OF Canon CXXVIII. One excommunicated is not to give witness. The Council of Carthage of 419 had at its first session on May 25th done thus much. But when it met again on the 30th of the same month, it continued the code. The introduction in regard to this new session is this introduction. The Canons then enacted were original, viz. numbers 128, 129, 130, 131, 132 and 133.
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That slaves and freedmen and all infamous persons ought not to bring accusation. To all it seemed good that no slaves or freedmen, properly so called, be admitted to accusation nor any of those who by the public laws are debarred from bringing accusation in criminal proceedings. This also is the case with all those who have the stain of infamy, that is actors, and persons subject to turpitudes, also heretics, or heathen, or Jews; but even all those to whom the right of bringing accusation is denied, are not forbidden to bring accusation in their own suits. Notes. Ancient Epitome of Canon CXXIX. A slave, and a freedman, and he who before was accused of any of these crimes on account of which he is not admitted in court, and a player, and a heathen, and a heretic, and a Jew. There is no verb to finish the sentence. However, this is intended as a continuation of the epitome of the former canon, the words to be supplied being “are not to give witness.” Johnson. See Can., Const., 6.
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That he who has failed to prove one charge shall not be allowed to give evidence to another. So, too, it seemed good that as often as many crimes were laid to clerics by their accusers, and one of the first examined could not be proved,484 they should not be allowed to go on giving evidence on the other counts. Ancient Epitome of Canon CXXX. He who makes many accusations and proves nothing is not to give witness .
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Who should be allowed to give evidence. They who are forbidden to be admitted as accusers are not to be allowed to appear as witnesses, nor any that the accuser may bring from his own household. And none shall be admitted to give witness under fourteen years of age. Notes. Ancient Epitome of Canon CXXXI. And whoso is not past fourteen years of age [is not to give witness]. An accuser is not to produce witnesses from his own house. Johnson. See Can. 129.
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Concerning a bishop who removes a man from communion who says he has confessed to the bishop alone his crime. It also seemed good that if on any occasion a bishop said that someone had confessed to him alone a personal crime, and that the man now denies it; let not the bishop think that any slight is laid upon him if he is not believed on his own word alone, although he says he is not willing to communicate with the man so denying through a scruple of his own conscience. Notes. Ancient Epitome of Canon CXXXII. If a bishop says “someone has confessed to me alone a crime,” if the someone denies it, he i.e. the bishop is not easily to be believed. N.B. The word used for “someone” in the Epitome is πέλας, which ordinarily means a “neighbour” but may mean “any one.” Vide Liddell and Scott.
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That a bishop should not rashly deprive anyone of communion. As long as his own bishop will not communicate with one excommunicated, the other bishops should have no communion with that bishop, that the bishop may be more careful not to charge anyone with what he cannot prove by documentary evidence to others. (Greek cxxxv.) Bishop Aurelius said: According to the statutes of this whole assembled council, and the opinion of my littleness, it seems good to make an end of all the matters of the whole of the before-manifested title, and let the ecclesiastical acts receive the discussion of the present day’s constitution. And what things have not yet been expressed (“treated of” in the Greek) we shall write on the next day through our brethren, Bishop Faustinus and the Presbyters Philip and Asellus to our venerable brother and fellow-bishop Boniface; and they gave their assent in writing. Notes. Ancient Epitome of Canon CXXXIII. If a bishop deprives of communion an unconvicted man, he shall likewise be deprived of communion with his fellows. Johnson. Never was a more impartial law made, especially when all the legislators were bishops except two. There were 217 bishops, and two priests, being legates from the bishop of Rome. The Greeks make a canon of the ratifications, and reckon no more than 135. Aurelius, Bishop of Carthage, subscribes first, and after him 217 bishops, then Asellus and Philippus, priests, legates of the church of Rome. And it does not appear that any other priests were present in any of the councils, mentioned in the body of this code; but there is several times notice taken of the deacons who stood by.
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Here beginneth the letter directed from the whole African Council to Boniface, bishop of the City of Rome, by Faustinus the bishop, and Philip and Asellus the presbyters, legates of the Roman Church. To the most blessed lord, and our honourable brother Boniface, Aurelius, Valentine of the primatial See of Numidia, and others present with us to the number of 217 from the whole council in Africa. Since it has pleased the Lord that our humility should write concerning those things which with us our holy brethren, Faustinus a fellow-bishop and Philip and Asellus, fellow presbyters, have done, not to the bishop Zosimus of blessed memory, from whom they brought commands and letters to us, but to your holiness, who art constituted in his room by divine authority, we ought briefly to set forth what has been determined upon by mutual consent; not indeed those things which are contained in the prolix volumes of the acts, in which, while charity was preserved, yet we loitered not without some little labour of altercation, deliberating those things in the acts which now pertain to the cause. However the more gratefully would he have received this news as he would have seen a more peaceful ending of the matter, my lord and brother, had he been still in the body! Apiarius the presbyter, concerning whose ordination, excommunication, and appeal no small scandal arose not only at Sicca but also in the whole African Church, has been restored to communion upon his seeking pardon for all his sins. First our fellow bishop Urban of Sicca doubtless corrected whatever in him seemed to need correction. For there should have been kept in mind the peace and quiet of the Church not only in the present but also in the future, since so many evils of such a kind had gone before, that it was incumbent to take care that like or even graver evils should be prevented thereafter. It seemed good to us that the presbyter Apiarius should be removed from the church of Sicca, retaining only the honour of his grade, and that he should exercise the office of the presbyterate wherever else he wished and could, having received a letter to this effect. This we granted without difficulty at his own petition made in a letter. But truly before this case should be thus closed, among other things which we were treating of in daily discussions, the nature of the case demanded that we should ask our brothers, Faustinus our fellow bishop, and Philip and Asellus our fellow presbyters, to set forth what they had been enjoined to treat of with us that they might be inserted in the ecclesiastical acts. And they proceeded to make a verbal statement, but when we earnestly asked that they would present it rather in writing, then they produced the Commonitory. This was read to us and also set down in the acts, which they are bringing with them to you. In this they were bidden to treat of four things with us, first concerning the appeal of bishops to the Pontiff of the Roman Church, second that bishops should not unbecomingly be sailing to court, thirdly concerning the treating the causes of presbyters and deacons by contiguous bishops, if they had been wrongly excommunicated by their own, and fourthly concerning the bishop Urban who should be excommunicated or even sent to Rome, unless he should have corrected what seemed to need correction. Of all which things concerning the first and third, that is that it is allowed to bishops to appeal to Rome and that the causes of clerics should be settled by the bishops of their own provinces, already last year we have taken pains to insinuate, in our letter to the same bishop Zosimus of venerable memory, that we were willing to observe these provisions for a little while without any injury to him, until the search for the statutes of the Council of Nice had been finished. And now we ask of your holiness that you would cause to be observed by us the acts and constitutions of our fathers at the Council of Nice, and that you cause to be exercised by you there, those things which they brought in the commonitory: that is to say, If a bishop shall have been accused, etc. Here follows Canon vii. of Sardica. Item concerning presbyters and deacons. If any bishop has been quickly angered, etc. Here follows Canon xvii. of Sardica. These are the things which have been inserted in the acts until the arrival of the most accurate copies of the Nicene Council, which things,485 if they are contained there (as in the Commonitory, which our brethren directed to us from the Apostolic See alleged) and be even kept according to that order by you in Italy, in no way could we be compelled either to endure such treatment as we are unwilling to mention or could suffer what is unbearable: 486 but we believe, through the mercy of our Lord God, while your holiness presides over the Roman Church, we shall not have to suffer that pride (istum typhum passuri). And there will be kept toward us, what should be kept with brotherly love to us who are making no dispute. You will also perceive according to the wisdom and the justice which the most Highest has given thee, what should be observed,487 if perchance the canons of the Council of Nice are other than you suppose . For although we have read very many copies, yet never have we read in the Latin copies that there were any such decrees as are contained in the commonitory before mentioned. So too, because we can find them in no Greek text here, we have desired that there should be brought to us from the Eastern Churches copies of the decrees, for it is said that there correct copies of the decrees are to be found. For which end we beg your reverence, that you would deign yourself also to write to the pontiffs of these parts, that is of the churches of Antioch, Alexandria, and Constantinople,488 and to any others also if it shall please your holiness, that thence there may come to us the same canons decreed by the Fathers in the city of Nice, and thus you would confer by the help of the Lord this most great benefit upon all the churches of the West. For who can doubt that the copies of the Nicene Council gathered in the Greek empire are most accurate, which although brought together from so diverse and from such noble Greek churches are found to agree when compared together? And until this be done, the provisions laid down to us in the Commonitory aforesaid, concerning the appeals of bishops to the pontiff of the Roman Church and concerning the causes of clerics which should be terminated by the bishops of their own provinces, we are willing to allow to be observed until the proof arrives and we trust your blessedness will help us in this according to the will of God. The rest of the matters treated and defined in our synod, since the aforesaid brethren, our fellow bishop Faustinus, and the presbyters Philip and Asellus are carrying the acts with them, if you deign to receive them, will make known to your holiness. And they signed.489 Our Lord keep thee to us for many years, most blessed brother. Alypius, Augustine, Possidius, Marinus and the rest of the bishops (217) also signed. Ancient Epitome of Canon CXXXIV. Urban, the bishop of Siccas, is either to be excommunicated or else summoned to Rome unless he corrects what should be corrected by him.
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Here begin the rescripts to the African Council from Cyril bishop of Alexandria in which he sends the authentic proceedings of the Nicene Council,490 translated from the Greek by Innocent the presbyter: these letters with the same Nicene council were also sent through the aforementioned presbyter Innocent and by Marcellus a subdeacon of the Church of Carthage, to the holy Boniface, bishop of the Roman Church, on the sixth day before the calends of December in the year 419.491 To the most honourable lords, our holy brethren and fellow bishops, Aurelius, Valentinus, as well as to the whole holy synod met in Carthage, Cyril salutes your holiness in God. I have received with all joy at the hands of our son, the presbyter Innocent, the letters of your reverence so full of piety, in which you express the hope that we will send you most accurate copies of the decrees of the holy Fathers at the Synod held at Nice the metropolis of Bithynia from the archives of our church; with our own certificate of accuracy attached thereto. In answer to which request, most honourable lords and brethren, I have thought it necessary to send to you, with our compliments, by our son, Innocent the presbyter, the bearer of these, most faithful copies of the decisions of the synod held at Nice in Bithynia. And when ye have sought in the history of the church, you will find them there also. Concerning Easter, as you have written, we announce to you that we shall celebrate it on the xviiith492 before the calends of May of the next indiction. The subscription. May God and our Lord preserve your holy synod as we desire, dear brethren. Ancient Epitome of Canon CXXXV. According to your written request, we have sent to your charity most faithful copies of the authentic decrees of the Synod which was held at Nice, a city of Bithynia.
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Here beginneth the letter of Atticus, bishop of Constantinople to the same. To our holy lords, and rightly most blessed brethren and fellow bishops, Aurelius, Valentine, and493 to the other beloved ones met together in the Synod held at Carthage, Atticus the bishop. By our son Marcellus the subdeacon, I have received with all thanksgiving the writings of your holiness, praising the Lord that I enjoyed the blessing of so many of my brethren. O my lords and most blessed brethren, ye have written asking me to send you most accurate copies of the canons enacted at the city of Nice, the metropolis of Bithynia, by the Fathers for the exposition of the faith. And who is there that would deny to his brethren the common faith, or the statutes decreed by the Fathers. Wherefore by the same son of mine, Marcellus, your subdeacon, who was in great haste, I have sent to you the canons in full as they were adopted by the Fathers in the city of Nice; and I ask of you that your holy synod would have me much in your prayers. The subscription. May our God keep your sanctity, as we desire, most holy brethren.
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Here begin the examples of the Nicene Council, sent on the sixth day before the calends of December in the year 419,494after the consulate of the most glorious emperor Honorius for the XIIth time, and Theodosius for the IXth time,495 Augustuses, to Boniface the bishop of the City of Rome. We believe in one God etc. the Catholic and Apostolic Church anathematizes them.496 To this symbol of the faith there were also annexed copies of the statutes of the same Nicene Councils from the aforenamed pontiffs, in all respects as are contained above; which we do not think it necessary to write out here again. Notes. Ancient Epitome of Canon CXXXVII. The Canons of the Synod of Nice are sent, as they were decreed by the Fathers, in accordance with your letters. Here follows the Nicene Creed in full.
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Here beginneth the epistle of the African synod to Pope Celestine, bishop of the City of Rome. To the lord and most beloved and our honourable brother Celestine, Aurelius, Palatinus, Antony, Totus, Servusdei, Terentius, Fortunatus, Martin, Januarius, Optatus, Ceticius, Donatus, Theasius, Vincent, Fortunatian, and the rest of us, assembled at Carthage in the General Council of Africa. We could wish that, like as your Holiness intimated to us, in your letter sent by our fellow presbyter Leo, your pleasure at the arrival of Apiarius, so we also could send to you these writings with pleasure respecting his clearing. Then in truth both our own satisfaction, and yours of late would be more reasonable; nor would that lately expressed by you concerning the hearing of him then to come, as well as that already past, seem hasty and inconsiderate. Upon the arrival, then, of our holy Brother and fellow-Bishop Faustinus, we assembled a council, and believed that he was sent with that man, in order that, as he Apiarius had before been restored to the presbyterate by his assistance, so now he might with his exertions be cleared of the very great crimes charged against him by the inhabitants of Tabraca. But the due course of examination in our council discovered in him such great and monstrous crimes as to overbear even Faustinus, who acted rather as an advocate of the aforementioned person than as a judge, and to prevail against what was more the zeal of a defender, than the justice of an inquirer. For first he vehemently opposed the whole assembly, inflicting on us many injuries, under pretence of asserting the privileges of the Roman Church, and wishing that he should be received into communion by us, on the ground that your Holiness, believing him to have appealed, though unable to prove it, had restored him to communion. But this we by no means allowed, as you will also better see by reading the acts. After however, a most laborious inquiry carried on for three days, during which in the greatest affliction we took cognizance of various charges against him, God the just Judge, strong and long suffering, cut short by a sudden stroke both the delays of our fellow-bishop Faustinus and the evasions of Apiarius himself, by which he was endeavouring to veil his foul enormities. For his strong and shameless obstinacy was overcome, by which he endeavoured to cover, through an impudent denial, the mire of his lusts, and God so wrought upon his conscience and published, even to the eyes of men, the secret crimes which he was already condemning in that man’s heart, a very sty of wickedness, that, after his false denial he suddenly burst forth into a confession of all the crimes he was charged with, and at length convicted himself of his own accord of all infamies beyond belief, and changed to groans even the hope we had entertained, believing and desiring that he might be cleared from such shameful blots, except indeed that it was so far a relief to our sorrow, that he had delivered us from the labour of a longer inquiry, and by confession had applied some sort of remedy to his own wounds, though, lord and brother, it was unwilling, and done with a struggling conscience. Premising, therefore, our due regards to you, we earnestly conjure you, that for the future you do not readily admit to a hearing persons coming hence, nor choose to receive to your communion those who have been excommunicated by us, because you, venerable Sir, will readily perceive that this has been prescribed even by the Nicene council. For though this seems to be there forbidden in respect of the inferior clergy, or the laity, how much more did it will this to be observed in the case of bishops, lest those who had been suspended from communion in their own Province might seem to be restored to communion hastily or unfitly by your Holiness. Let your Holiness reject, as is worthy of you, that unprincipled taking shelter with you of presbyters likewise, and the inferior clergy, both because by no ordinance of the Fathers hath the Church of Africa been deprived of this authority, and the Nicene decrees have most plainly committed not only the clergy of inferior rank, but the bishops themselves to their own Metropolitans. For they have ordained with great wisdom and justice, that all matters should be terminated in the places where they arise; and did not think that the grace of the Holy Spirit would be wanting to any Province, for the bishops of Christ (Sacerdotibus) wisely to discern, and firmly to maintain the right: especially since whosoever thinks himself wronged by any judgment may appeal to the council of his Province, or even to a General Council [i.e. of Africa] unless it be imagined that God can inspire a single individual with justice, and refuse it to an innumerable multitude of bishops (sacerdotum) assembled in council. And how shall we be able to rely on a sentence passed beyond the sea, since it will not be possible to send thither the necessary witnesses, whether from the weakness of sex, or advanced age, or any other impediment? For that your Holiness should send any on your part we can find ordained by no council of Fathers. Because with regard to what you have sent us by the same our brother bishop Faustinus, as being contained in the Nicene Council, we can find nothing of the kind in the more authentic copies of that council, which we have received from the holy Cyril our brother, Bishop of the Alexandrine Church, and from the venerable Atticus the Prelate of Constantinople, and which we formerly sent by Innocent the presbyter, and Marcellus the subdeacon through whom we received them, to Boniface the Bishop, your predecessor of venerable memory. Moreover whoever desires you to delegate any of your clergy to execute your orders, do not comply, lest it seem that we are introducing the pride of secular dominion into the Church of Christ which exhibiteth to all that desire to see God the light of simplicity and the day of humility. For now that the miserable Apiarius has been removed out of the Church of Christ for his horrible crimes, we feel confident respecting our brother Faustinus, that through the uprightness and moderation of your Holiness, Africa, without violating brotherly charity, will by no means have to endure him any longer. Lord and brother, may our Lord long preserve your Holiness to pray for us.497 Ancient Epitome of Canon CXXXVIII. Those excommunicated by us, ye are not be willing to admit afterwards to communion, according to the decree of the Nicene Synod. For Apiarius, who was restored by you, has resisted the Synod, and treated it with scorn, and at length has been converted and confessed himself guilty with sighs and tears.
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COUNCIL OF CONSTANTINOPLE HELD UNDER NECTARIUS. A.D. 394. Elenchus. Introductory Note. Extracts from the Acts. Ancient Epitome and Notes. The acts of this Council are found in Balsamon, page 761 of the Paris edition, with Hervetus’s translation. Labbe498 has taken Balsamon’s text and inserted it into his Collection, from which the following translation is made. There is another version extant in Leunclavius, Jus Græco-Roman. p. 247. On September the twenty-ninth of the year 394, a magnificent church, dedicated to SS. Peter and Paul, built by the munificence of Rufinus the Prætoreal prefect, and situated at a place called “the Oaks,” a suburb of Chalcedon, was consecrated. Most scholars have adopted Tillemont’s suggestion that this was the occasion which brought the patriarchs of Alexandria and Antioch to Constantinople, and that occasion was taken advantage of to hold a synod with regard to the dispute as to the see of Bostra. At this council, in accordance with the canon of the Second Ecumenical Council, adopted only a dozen years before, Constantinople took the first place and its bishop presided, but so strong was the hold of Alexandria that three centuries afterwards the Quinisext Synod speaks of this council as held “under Nectarius and Theophilus.” In passing it may not be amiss to remark that St. Gregory of Nyssa and Theodore of Mopsuestia, and Flavian were present at this council! Well may Tillemont499 exclaim, “It is remarkable to see Theophilus there with Flavian, although they were not in communion with each other.”
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a.d. 394. (Found in Beveridge, Synodicon. Tom. I., p. 678; Labbe and Cossart, Concilia, Tom. II., col. 1151. Both taken from Balsamon.) In the consulate of our most religious and beloved-of-God Emperors, Flavius Arcadius Augustus, for the third time, and Honorius for the second time, on the third day before the calends of October, in the baptistery of the most holy church of Constantinople, when the most holy bishops had taken their seats here follow the names , Nectarius, the bishop of Constantinople, said: Since by the grace of God this synod has met in this holy place, if the synod of my holy brethren and fellow ministers in holy things thinks good, since I see our brothers Bagadius and Agapius, who contend between themselves about the bishopric of Bostra, are also present, let these begin to set forth their mutual rights. And after some things had been done by them for the sake of this cause, and it had been shewn that the afore-named Bagadius was deposed by only two bishops, both of whom were dead, Arabianus, bishop of Ancyra, said: Not on account of this judgment, but fearing henceforth for my whole life, I desire the holy Synod to make a decree, whether or no, a bishop can be deposed by only two bishops, and whether the Metropolitan is absent or not, without prejudice to the present cause. For I fear that some, taking their power from these acts, may dare to attempt such things. I wish therefore your response. Nectarius, the bishop of Constantinople, said: The most religious bishop Arabianus hath spoken most laudably. But since it is impossible to go backward in judgment, let us, without condemning that which is past, establish things for the future. Arabianus, bishop of Ancyra, said: The synod of blessed fathers who met at Nice condemns what has taken place, for it orders that not less than three shall ordain, nor even so without the metropolitan. But of the future I, full of fear, have made this question. I would wish therefore that you would say clearly and without delay or doubt, that a bishop could not, according to the decree of the Synod of Nice, lawfully be ordained or deposed by two men. And, after some further debate, Theophilus, the bishop of Alexandria, said: Against those who have gone forth, no sentence of indignation can be pronounced, since those to be condemned were not present. But if any one were to consider those who are to be deposed in future, it seems to me that not only these ought to assemble, but so far as possible all the other provincials, that by the sentence of many there may be rendered a more accurate condemnation of him who is present and is being judged, and who deserves deposition. Nectarius, the bishop of Constantinople, said: Since, the controversy is concerning legitimate institutions and decrees, it follows that nothing must be decreed on account of personal causes. Wherefore as the most holy bishop Arabianus has said, wishing to make the future certain, the sentence of the most holy bishop Theophilus hath consistently and considerately decreed that for the future it shall be lawful not even for three, far less for two bishops to depose him who is examined as a defendant: but by the sentence of the greater synod and of the bishops of the province, according to the Apostolic Canons. Flavian, the bishop of Antioch, said: What things the most holy bishop Nectarius, and the most holy bishop Theophilus have set forth are clearly right. And all the ecclesiastics agreed with these. Notes. Ancient Epitome. In future when a defendant is examined, he ought not to be deposed by two or three bishops: but by the sentence of the greater Synod and of his own provincials, as also the Apostolic Canons provide. Balsamon. As Bagadius, the bishop of Bostra, had been deposed by only two bishops, the matter was considered in the synod at Constantinople, whether that deposition had been rightly decreed. Agapius, the elect, laying claim to it under the decision. And it was decreed that the deposition was not canonical, since not two but a number should judge of those accusations which are made against bishops. But know that this constitution has no force to-day, for by the twelfth canon of the synod of Carthage, which is much later, crimes charged against bishops are to be judged of by twelve bishops. Read that canon, and know that this synod was held in the time of the Emperor Arcadius, while that of Carthage was in the days of Theodosius the younger. Zonaras explains that by the words “have gone forth” in the speech of Theophilus of Alexandria is to be understood have died.

Edited by Philip Schaff, D.D., LL.D. TEI XML digitization by the University of Leipzig (Gregory Crane, Matt Munson, Digital Divide Data), via github.com/gregorycrane/nicenefathers @ 4eb88bc1d116edee81b83eb71bfeda46ef973b47. Originally published by Christian Classics Ethereal Library. Licence: CC BY-SA 4.0 (Creative Commons Attribution-ShareAlike 4.0 International).