Canon XCIII. (Greek
xcvi.)
The character of the Commonitory which the legates
received against the Donatists.
The
Commonitorium for our
brothers Theasius and Evodius, sent as legates from the Council of
Carthage to the most glorious and most religious princes. When by
the help of the Lord they are come into the presence of the most pious
princes, they shall declare to them with what fulness of confidence,
according to the direction of the council of the year before, the
prelates of the Donatists had been urged by the municipal authority to
assemble, in order that if they really meant their professions, they
might by fit persons chosen from their number, enter into a peaceful
conference with us in Christian meekness, and whatever they held as
truth they might not hesitate to declare it frankly; so that from such
conference the sincerity of the Catholic position, which has been
conspicuous for so long a time, might be perceived even by those who
from ignorance or obstinacy were opposing themselves to it. But
deterred by their want of confidence they scarcely ventured to
reply. And forsooth, because we had discharged toward them the
offices which become bishops and peacemakers, and they had no answer to
make to the truth, they betook themselves to unreasonable acts of brute
force, and treacherously oppressed many of the bishops and clergy, to
say nothing of the laity. And some of the churches they actually
invaded, and tried to assault still others.
And now, it behoves the gracious clemency of their
Majesties to take measures that the Catholic Church, which has begotten
them as worshippers of Christ in her womb, and has nourished them with
the strong meat of the faith, should by their forethought, be defended,
lest violent men, taking advantage of the times of religious
excitement, should by fear overcome a weak people, whom by argument
they were not able to pervert. It is well known how often the
vile gatherings (
detestabilis manus
) of the
Circumcelliones
471
have been forbidden
by the laws, and also condemned by many decrees of the Emperors, their
majesties most religious predecessors. Against the madness of
these people it is not unusual nor contrary to the holy Scriptures to
ask for secular [
θείας
in the Greek]
protection, since Paul the Apostle, as is related in the authentic Acts
of the Apostles, warded off a conspiracy of certain lawless men by the
help of the mili
tary. Now
then we ask that there be extended to the Catholic Churches, without
any dissimulation, the protection of the ordinum [i.e. companies of
soldiers, stationed] in each city, and of the holders of the suburban
estates in the various places.
472
At the same
time it will be necessary to ask that they give commandment that the
law, set forth by their father Theodosius, of pious memory, which
imposed a fine of ten pounds of gold upon both the ordainers and the
ordained among heretics, and which was also directed against
proprietors at whose houses conventicles were held, be confirmed anew;
so that it may be effective with persons of this sort when Catholics,
provoked by their wiles, shall lay complaint against them; so that
through fear at least, they may cease from making schisms and from the
wickedness of the heretics, since they refuse to be cleansed and
corrected by the thought of the eternal punishment.
Let request be also made that the law depriving heretics
of the power of being able to receive or bequeath by gift or by will,
be straightway renewed by their Piety, so that all right of giving or
receiving may be taken away from those who, blinded by the madness of
obstinacy, are determined to continue in the error of the
Donatists.
With regard to those who by considerations of unity and
peace are willing to correct themselves, let permission be granted to
them to receive their inheritance, the law notwithstanding, even though
the bequest by gift or inheritance was made while they were yet living
in the error of the heretics; those of course being excepted, who under
the stress of legal proceedings have sought to enter the Catholic
Church; for it may well be supposed, that persons of this latter sort
desired Catholic unity, not so much from fear of the judgment of
heaven, as from the greed of earthly gain.
For the furtherance of all these things the help of the
Powers (
Potestatum
) of each one of the provinces is
needed. With regard to other matters, whatever they shall
perceive is for the Church’s interests, this we have resolved
that the legation have full authority to do and to carry into
effect. Moreover it seemed good to us all, that letters from our
assembly should be sent to the most glorious Emperors and most
Excellent Worthinesses, whereby they may be assured of the agreement of
us all that the legates should be sent by us to their most blessed
court.
Since it is a very slow business for us all to set our
names to these letters, and in order that they may not be burdened with
the signature of each one of us, we desire thee, brother Aurelius, that
thy charity be good enough to sign them in the name of us all.
And to this they all agreed.
I, Aurelius, Bishop of the Church of Carthage have
consented to this decree and have subscribed my name. And so all
the other bishops subscribed.
Letters ought likewise to be sent to the judges that,
until the lord permit the legates to return to us, they give protection
through the soldiers of the cities, and through the holders of the
farms of the Catholic Church. It ought also to be added
concerning the dishonest Equitius, which he had shewn by laying claim
to the jus sacerdotum, that he be rejected from the diocese of Hippo
according to the statutes of the Emperors. Letters ought also to
be sent to the Bishop of the Church of Rome in commendation of the
legates, and to the other Bishops who may be where the Emperor
is. To this they assented.
Likewise I, Aurelius, Bishop of the Church of Carthage,
have consented to this decree, and having read it, have set my name to
it.
And all the other bishops likewise subscribed.
Notes.
Ancient Epitome of Canon
XCIII.
The Emperors who were born in the true religion and were
educated in the faith, ought to stretch forth a helping hand to the
Churches. For the military band overthrew the dire conspiracy
which was threatening Paul.
Here follows a
brief declaration of what things were decreed in this Synod.
When Stilico a second time and Anthemius, those
illustrious men, were consuls, on the tenth before the calends of
September, at Carthage in the basilica of the second region. I
have not written out in full the acts of this council
473
because they treat of the necessities of
the time rather than of matters of general interest, but for the
instruction of the studious I have added a brief digest of the same
council.
474
471
Vide Kraus.
Real. Encyclopædie
.
472
The text is corrupt
and the Greek and Latin do not agree in many places.
473
In the Greek,
“The acts of the present synod have not been written out here in
full, etc.”
474
The Greek text here
is much to be preferred, “wherefore a brief synopsis of what was
studiously enacted in this synod is here set forth.”