Item , it seemed good that presbyters, deacons, or other of the lower clergy who are to be tried, if they question the decision of their bishops, the neighbouring bishops having been invited by them with the consent of their bishops, shall hear them and determine whatever separates them. But should they think an appeal should be carried from them, let them not carry the appeal except to African councils or to the primates of their provinces. But whoso shall think of carrying an appeal across seas he shall be admitted to communion by no one in Africa. Notes. Ancient Epitome of Canon CXXV. A presbyter and deacons, who has been condemned by his own bishop, let him appeal to the neighbouring bishops: but let them not cross the sea. In Africa they shall be excommunicated. This is Canon xvij. of Carthage, a. d. 418. Johnson. A repetition of Canon 28 (31). Canon CXXVI. (Greek cxxvii. ) That Virgins, even when minors, should be given the veil. Item , it seemed good that whatever bishop, by the necessity of the dangers of virginal purity, when either a powerful suitor or some ravisher is feared, or if she shall be pricked with some scruple of death that she might die unveiled, at the demand either of her parents or of those to whose care she has been entrusted, shall give the veil to a virgin, or shall have given it while she was under twenty-five years of age, the council which has appointed that number of years shall not oppose him. Notes. Ancient Epitome of Canon CXXVI. Whosoever has veiled or shall veil a virgin before she is twenty-five years of age (that is give her the habit, or clothe her), being forced thereto on account of a powerful lover, or a ravisher, or deadly disease, provided those who have the charge of her so exhort, shall receive no damage from the synod concerning that age. This is Canon xviij. of Carthage, a. d. 418. The reference to a former canon is to Canon j. of the second series of the canons of the Synod of Hippo in a. d. 393. Canon CXXVII. (Greek cxxviii. ) That bishops be not detained too long in council, let them choose three judges from themselves of the singular provinces. Item , it seemed good, lest all the bishops who are assembled at a council be kept too long, that the whole synod should choose three judges of the several provinces; and they elected for the province of Carthage Vincent, Fortunatian, and Clarus; for the province of Numidia Alypius, Augustine, and Restitutus; for the province of Byzacena, with the holy Senex Donatian the Primate, Cresconius, Jocundus, and 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 XII th . time and Theodosius for the VIII th . , 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 Calvita (Culositanus), Fortunatian of Naples, Marianus Uzipparen sis, 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. Canon CXXVIII. (Greek cxxix. ) That those out of communion should not be allowed to bring accusation. It seemed good to all, as it had been decreed by the former councils, concerning what persons were to be admitted to bring accusations against clerics; and since it had not been expressed what persons should not be admitted, therefore we define, that he cannot properly be admitted to bring an accusation, who had been already excommunicated, and was still lying under that censure, whether he that wished to be the accuser were cleric or layman. Notes. Ancient Epitome OF Canon CXXVIII. One excommunicated is not to give witness. The Council of Carthage of 419 had at its first session on May 25th done thus much. But when it met again on the 30th of the same month, it continued the code. The introduction in regard to this new session is this introduction. The Canons then enacted were original, viz. numbers 128, 129, 130, 131, 132 and 133. Canon CXXIX. (Greek cxxx. ) That slaves and freedmen and all infamous persons ought not to bring accusation. To all it seemed good that no slaves or freedmen, properly so called, be admitted to accusation nor any of those who by the public laws are debarred from bringing accusation in criminal proceedings. This also is the case with all those who have the stain of infamy, that is actors, and persons subject to turpitudes, also heretics, or heathen, or Jews; but even all those to whom the right of bringing accusation is denied, are not forbidden to bring accusation in their own suits. Notes. 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. Canon CXXX. (Greek cxxxi. ) That he who has failed to prove one charge shall not be allowed to give evidence to another. So , too, it seemed good that as often as many crimes were laid to clerics by their accusers, and one of the first examined could not be proved, they should not be allowed to go on giving evidence on the other counts. Ancient Epitome of Canon CXXX. He who makes many accusations and proves nothing [is not to give witness]. Canon CXXXI. (Greek CXXXII. ) Who should be allowed to give evidence. They who are forbidden to be admitted as accusers are not to be allowed to appear as witnesses, nor any that the accuser may bring from his own household. And none shall be admitted to give witness under fourteen years of age. 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. Canon CXXXII. (Greek cxxxiii. ) Concerning a bishop who removes a man from communion who says he has confessed to the bishop alone his crime. It also seemed good that if on any occasion a bishop said that someone had confessed to him alone a personal crime, and that the man now denies it; let not the bishop think that any slight is laid upon him if he is not believed on his own word alone, although he says he is not willing to communicate with the man so denying through a scruple of his own conscience. 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. Canon CXXXIII. (Greek cxxxiv. ) That a bishop should not rashly deprive anyone of communion. As long as his own bishop will not communicate with one excommunicated, the other bishops should have no communion with that bishop, that the bishop may be more careful not to charge anyone with what he cannot prove by documentary evidence to others. (Greek cxxxv. ) Bishop Aurelius said: According to the statutes of this whole assembled council, and the opinion of my littleness, it seems good to make an end of all the matters of the whole of the before-manifested title, and let the ecclesiastical acts receive the discussion of the present day’s constitution. And what things have not yet been expressed (“treated of” in the Greek) we shall write on the next day through our brethren, Bishop Faustinus and the Presbyters Philip and Asellus to our venerable brother and fellow-bishop Boniface; and they gave their assent in writing. 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. Canon CXXXIV. (Continuation of cxxxv. in the Greek. ) Here beginneth the letter directed from the whole African Council to Boniface, bishop of the City of Rome, by Faustinus the bishop, and Philip and Asellus the presbyters, legates of the Roman Church. To the most blessed lord, and our honourable brother Boniface, Aurelius, Valentine of the primatial See of Numidia, and others present with us to the number of 217 from the whole council in Africa. Since it has pleased the Lord that our humility should write concerning those things which with us our holy brethren, Faustinus a fellow-bishop and Philip and Asellus, fellow presbyters, have done, not to the bishop Zosimus of blessed memory, from whom they brought commands and letters to us, but to your holiness, who art constituted in his room by divine authority, we ought briefly to set forth what has been determined upon by mutual consent; not indeed those things which are contained in the prolix volumes of the acts, in which, while charity was preserved, yet we loitered not without some little labour of altercation, deliberating those things in the acts which now pertain to the cause. However the more gratefully would he have received this news as he would have seen a more peaceful ending of the matter, my lord and brother, had he been still in the body! Apiarius the presbyter, concerning whose ordination, excommunication, and appeal no small scandal arose not only at Sicca but also in the whole African Church, has been restored to communion upon his seeking pardon for all his sins. First our fellow bishop Urban of Sicca doubtless corrected whatever in him seemed to need correction. For there should have been kept in mind the peace and quiet of the Church not only in the present but also in the future, since so many evils of such a kind had gone before, that it was incumbent to take care that like or even graver evils should be prevented thereafter. It seemed good to us that the presbyter Apiarius should be removed from the church of Sicca, retaining only the honour of his grade, and that he should exercise the office of the presbyterate wherever else he wished and could, having received a letter to this effect. This we granted without difficulty at his own petition made in a letter. But truly before this case should be thus closed, among other things which we were treating of in daily discussions, the nature of the case demanded that we should ask our brothers, Faustinus our fellow bishop, and Philip and Asellus our fellow presbyters, to set forth what they had been enjoined to treat of with us that they might be inserted in the ecclesiastical acts. And they proceeded to make a verbal statement, but when we earnestly asked that they would present it rather in writing, then they produced the Commonitory.
This was read to us and also set down in the acts, which they are bringing with them to you. In this they were bidden to treat of four things with us, first concerning the appeal of bishops to the Pontiff of the Roman Church, second that bishops should not unbecomingly be sailing to court, thirdly concerning the treating the causes of presbyters and deacons by contiguous bishops, if they had been wrongly excommunicated by their own, and fourthly concerning the bishop Urban who should be excommunicated or even sent to Rome, unless he should have corrected what seemed to need correction. Of all which things concerning the first and third, that is that it is allowed to bishops to appeal to Rome and that the causes of clerics should be settled by the bishops of their own provinces, already last year we have taken pains to insinuate, in our letter to 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, if they are contained there (as in the Commonitory, which our brethren directed to us from the Apostolic See alleged) and be even kept according to that order by you in Italy, in no way could we be compelled either to endure such treatment as we are unwilling to mention or could suffer what is unbearable: but we believe, through 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, 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, and to any others also if it shall please your holiness, that thence there may come to us the same canons decreed by the Fathers in the city of Nice, and thus you would confer by the help of the Lord this most great benefit upon all the churches of the West. For who can doubt that the copies of the Nicene Council gathered in the Greek empire are most accurate, which although brought together from so diverse and from such noble Greek churches are found to agree when compared together? And until this be done, the provisions laid down to us in the Commonitory aforesaid, concerning the appeals of bishops to the pontiff of the Roman Church and concerning the causes of clerics which should be terminated by the bishops of their own provinces, we are willing to allow to be observed until the proof arrives and we trust your blessedness will help us in this according to the will of God. The rest of the matters treated and defined in our synod, since the aforesaid brethren, our fellow bishop Faustinus, and the presbyters Philip and Asellus are carrying the acts with them, if you deign to receive them, will make known to your holiness. And they signed. Our Lord keep thee to us for many years, most blessed brother. Alypius, Augustine, Possidius, Marinus and the rest of the bishops (217) also signed. 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. Canon CXXXV. (Not numbered in the Greek. ) Here begin the rescripts to the African Council from Cyril bishop of Alexandria in which he sends the authentic proceedings of the Nicene Council, translated from the Greek by Innocent the presbyter: these letters with the same Nicene council were also sent through the aforementioned presbyter Innocent and by Marcellus a subdeacon of the Church of Carthage, to the holy Boniface, bishop of the Roman Church, on the sixth day before the calends of December in the year 419. To the most honourable lords, our holy brethren and fellow bishops, Aurelius, Valentinus, as well as to the whole holy synod met in Carthage, Cyril salutes your holiness in God. I have received with all joy at the hands of our son, the presbyter Innocent, the letters of your reverence so full of piety, in which you express the hope that we will send you most accurate copies of the decrees of the holy Fathers at the Synod held at Nice the metropolis of Bithynia from the archives of our church; with our own certificate of accuracy attached thereto. In answer to which request, most honourable lords and brethren, I have thought it necessary to send to you, with our compliments, by our son, Innocent the presbyter, the bearer of these, most faithful copies of the decisions of the synod held at Nice in Bithynia. And when ye have sought in the history of the church, you will find them there also. Concerning Easter, as you have written, we announce to you that we shall celebrate it on the xviii th 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. Canon CXXXVI. (Not numbered in the Greek but with a new heading. ) Here beginneth the letter of Atticus, bishop of Constantinople to the same. To our holy lords, and rightly most blessed brethren and fellow bishops, Aurelius, Valentine, and to the other beloved ones met together in the Synod held at Carthage, Atticus the bishop. By our son Marcellus the subdeacon, I have received with all thanksgiving the writings of your holiness, praising the Lord that I enjoyed the blessing of so many of my brethren. O my lords and most blessed brethren, ye have written asking me to send you most accurate copies of the canons enacted at the city of Nice, the metropolis of Bithynia, by the Fathers for the exposition of the faith. And who is there that would deny to his brethren the common faith, or the statutes decreed by the Fathers. Wherefore by the same son of mine, Marcellus, your subdeacon, who was in great haste, I have sent to you the canons in full as they were adopted by the Fathers in the city of Nice; and I ask of you that your holy synod would have me much in your prayers. The subscription. May our God keep your sanctity, as we desire, most holy brethren. Canon CXXXVII. (Continuation of the last in the Greek. ) Here begin the examples of the Nicene Council, sent on the sixth day before the calends of December in the year 419, after the consulate of the most glorious emperor Honorius for the XII th time, and Theodosius for the IX th time, Augustuses, to Boniface the bishop of the City of Rome. We believe in one God etc. …the Catholic and Apostolic Church anathematizes them. To this symbol of the faith there were also annexed copies of the statutes of the same Nicene Councils from the aforenamed pontiffs, in all respects as are contained above; which we do not think it necessary to write out here again. 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. ] Canon CXXXVIII. (Not numbered in the Greek. ) Here beginneth the epistle of the African synod to Pope Celestine, bishop of the City of Rome. To the lord and most beloved and our honourable brother Celestine, Aurelius, Palatinus, Antony, Totus, Servusdei, Terentius, Fortunatus, Martin, Januarius, Optatus, Ceticius, Donatus, Theasius, Vincent, Fortunatian, and the rest of us, assembled at Carthage in the General Council of Africa. We could wish that, like as your Holiness intimated to us, in your letter sent by our fellow presbyter Leo, your pleasure at the arrival of Apiarius, so we also could send to you these writings with pleasure respecting his clearing. Then in truth both our own satisfaction, and yours of late would be more reasonable; nor would that lately expressed by you concerning the hearing of him then to come, as well as that already past, seem hasty and inconsiderate.
Upon the arrival, then, of our holy Brother and fellow-Bishop Faustinus, we assembled a council, and believed that he was sent with that man, in order that, as he [Apiarius] had before been restored to the presbyterate by his assistance, so now he might with his exertions be cleared of the very great crimes charged against him by the inhabitants of Tabraca. But the due course of examination in our council discovered in him such great and monstrous crimes as to 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. 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.