Introductory
Note.
An attempt to write a commentary upon all the canons of
the African Code, would have meant nothing less than the preparation of
one volume or more on the canon law of the West. This is
impossible and therefore, interesting as the field would be, I have
been compelled to restrain my pen, and rather than give a scant and
insufficient annotation, I have contented myself with providing the
reader with as good a translation as I have been able to make of the
very corrupt Latin (correcting it at times by the Greek), and have
added the Ancient Epitome and the quaint notes in full of John Johnson
from the Second Edition, of 1714, of his “Clergyman’s
Vade-mecum,” Pt. II., which occupy little space, but may not be
easily reached by the ordinary reader. The student will find full
scholia on these Canons in Van Espen in the Latin, and in Zonaras and
Balsamon in the Greek. These latter are in Beveridge’s
Synodicon
.
Johnson writes an excellent Introduction to his Epitome
of these Canons, as follows:
“Councils were nowhere more frequently called in
the Primitive Times than in Africa. In the year 418–19, all
canons formerly made in sixteen councils held at Carthage, one at
Milevis, one at Hippo, that were approved of, were read, and received a
new sanction from a great number of bishops, then met in synod at
Carthage. This Collection is the Code of the African Church,
which was always in greatest repute in all Churches next after the Code
of the Universal Church. This code was of very great authority in
the old English Churches, for many of the Excerptions of Egbert were
transcribed from it. And though the Code of the Universal Church
ends with the canons of Chalcedon,
417
yet these
African Canons are inserted into the Ancient Code both of the Eastern
and Western Churches. These canons though ratified and approved
by a synod, yet seem to have been divided or numbered by some private
and unlearned hand, and have probably met with very unskilful
transcribers, by which means some of them are much confounded and
obscured, as to their sense and coherence. They are by Dionysius
Exiguus and others entituled
The Canons of the Synod of
Africa
. And though all were not originally made at one time,
yet they were all confirmed by one synod of African bishops, who, after
they had recited the Creed and the twenty canons of the Council of
Nice, proceeded to make new canons, and re-enforce old ones.”
In his “Library of Canon Law”
(
Bibliotheca Juris Canonici
) Justellus gives these canons, and,
in my opinion, gives them rightly, the title “The Code of Canons
of the African Church” (
Codex Canonum Ecclesiæ
Africanæ
), although Hefele
418
describes
them as “the collection of those African Canons put together in
419 by Dionysius Exiguus.” Hefele says that the title
Dionysius gave them in his collection was “The Statutes of an
African Council” (
Statuta Concilii Africani
) which would
certainly be wholly inadequate and misleading; but in the edition of
Dionysius in Migne’s
Patrologia Latina
(Tom. LXVII., col.
181) in the
Codex Canonum Ecclesiasticorum
no such title occurs,
but the perfectly accurate one, “A Synod at Carthage in Africa,
which adopted one hundred and thirty-eight canons.” This is
an exact description of what took place and of the origin of these most
important dogmatic and disciplinary enactments. Hefele must have
been thinking of Dionysius’s
Preface
where the expression
does occur but not as a title.
(Beveridge.
Synodicon
, Tom. II., p.
202.)
Carthage was formerly the head of the whole of Africa,
as St. Augustine tells us in his Epistle CLXII. From this cause
it happened that a great number of councils were held
there, gathered from all the provinces of
Africa. Especially while Aurelius as Archbishop was occupying the
throne were these meetings of bishops frequently holden; and by these,
for the establishing of ecclesiastical discipline in Africa, many
canons were enacted. At last, after the consulate of Honorius
(XII.) and Theodosius (VIII.), Augustuses, on the eighth day before the
Calends of June, that is to say, on May 25, in the year of our Lord
419, another Council was held in the same city at which all the canons
previously adopted were considered, and the greater part of them were
again confirmed by the authority of the synod. These canons, thus
confirmed by this council, merited to be called from that day to this
“The Code of Canons of the African Church.” These
canons were not at first adopted in Greek but in Latin, and they were
confirmed in the same language. This Dionysius Exiguus distinctly
testifies to in his preface to the “Code of Ecclesiastical
Canons,” in which they are included. It is uncertain when
the canons of this Carthaginian synod were done into Greek. This
only is certain, that they had been translated into Greek before the
Council in Trullo by which, in its Second Canon, they were received
into the Greek Nomocanon, and were confirmed by the authority of this
synod; so that from that time these canons stand in the Eastern Church
on an equality with all the rest.
An extremely interesting point arises as to what was the
authority of the collection as a collection, and how this collection
was made? There seems no doubt that the collection substantially
as we know it was the code accepted by the Council of Trullo, the
canons of which received a quasi-ecumenical authority from the
subsequent general imprimatur given them by the Seventh Ecumenical
Council, the Second of Nice. Van Espen has considered this point
at great length in Dissertation VIII. of the First Part of his
Commentaries
, and to his pages I must refer the reader for
anything like an adequate presentation of the matter. He
concludes (§ I.) that the “Code owes its origin to this
synod,” and argues against De Marca in proof of the proposition
that the collection was not the private work of Dionysius, but the
official work of the council by one of its officials, concluding with
the remark (§ II.) that “this was the persuasion both of
Greeks and Latins,…and these canons are set forth by Balsamon
with the title, ‘The Canons of the CCXVII. Blessed Fathers who
met together at Carthage.’”
In the notes on each canon I shall give the source,
following Hefele in all respects (
Hist. of the Councils
, vol.
ii., pp. 468
et seqq
.), and content myself here with setting
down a list of the various councils which made the enactments, with
their dates.
Carthage (under Gratus)—345–348
a.d.
“ (under
Genethlius)—387 or 390
Hippo—393
I. Carthage—394
II. “ (June
26)—397
III. “ (August
28)—397
IV. “ (April
27)—399
V. “ (June
15)—401
VI. “ (September
13)—401
VII. Milevis (August 27)—402
VIII. Carthage (August 25)—403
IX. “ (June)—404
X. “ (August
25)—405
XI. “ (June
13)—407
XII. and XIII. Carthage (June 16 and October
13)—408
XIV. Carthage
(June 15)—409
XV. “ (June
14)—410
XVI. “ (May
1)—418
XVII. “ (May 25) which
adopted the African Code—419
The numbering of the African councils differs very
widely between the different writers, and Cave reckons nine between 401
and 608, and thirty-five Carthaginian between 215 and 533.
419
Very useful tables, shewing the
conclusions of Fuchs, are found at the end of Bruns,
Canones
Apostolorum et Conciliorum Veterum Selecti
.
I need only add that I have frequently used Dr.
Bruns’s text, but have not confined myself to it
exclusively. Evidently in the Latin, as we now have it, there are
many corrupt passages. In strange contradistinction to this, the
Greek is apparently pure and is clear throughout. Possibly the
Greek translation was made from a purer Latin text than we now
possess.
417
I do not understand
what Johnson means by this statement. Vide Can. j. of
Chalcedon.
418
Hefele.
Hist. of the Councils
, vol. ii., p. 468, Note 1.
419
For this statement I
am indebted to Mr. Ffoulkes in art. “African
Councils.” Smith and Cheetham,
Dict. Christ.
Antiq.