Canon
XXXIII. (Greek xxxvi.)
That presbyters should not sell the goods of the
Church in which they are constituted; and that no bishop can rightly
use anything the title to which vests in the ecclesiastical maternal
centre
(
μάτρικος
).
It
also seemed good that
presbyters should not sell the ecclesiastical property where they are
settled without their bishop’s knowledge; and it is not lawful
for bishops to sell the goods of the Church without the council or
their presbyters being aware of it. Nor should the bishop without
necessity usurp the property of the maternal (
matricis
) Church
[nor should a presbyter usurp the property of his own cure
(
tituli
)].
435
Notes.
Ancient Epitome of Canon
XXXIII.
A presbyter is not to sell ecclesiastical property
without the consent of the bishop. A bishop is not to sell
without the approbation of his synod a country property.
Fuchs (
Biblioth. der Kirchenvers
., vol. iij., p.
5) thinks the text is corrupt in the last sentence and should be
corrected by Canon x. of the Council of Carthage of 421, so as to read,
“that which is left by will to a rural church in the diocese must
not be applied to the Mother Church through the usurpation of the
bishop.”
Johnson.
“Or title.” So I turn the Lat.
Titulus
for want of a proper English word. It denotes a
lesser church in any city or diocese, served by a priest.
“The Mother Church,” i.e., The cathedral,
the Church in which the bishop resides.
Moreover at this Synod we read all the conciliar decrees
of all the Province of Africa in the different synods held in the time
of Bishop Aurelius.
436
Concerning the Synod which assembled in Hippo Regio.
Under the most illustrious consuls, the most glorious
Emperor Theodosius Augustus for the third time, and Abundantius, on the
viij. Ides of October, at Hippo Regio, in the
secretarium
of the
Church of Peace. And the rest of the acts of this Synod have not
been written down here because these constitutions are found set forth
above.
Of the Council of Carthage at which the proconsular
bishops were appointed legates to the Council at Adrumetum.
In the consulate of the most glorious
emperors—Arcadius for the third time and Honorius for the second
time, Augustuses, on the vi
th
437
day
before the Calends of July, at Carthage. In this council the
proconsular bishops were chosen as legates to the Council of
Adrumetum.
Of a Council of Carthage at which many statutes were
made.
In the consulate of those most illustrious men,
Cæsarius and Atticus, on the v
th
day before the Calends
of September in the secretarium of the restored basilica, when Aurelius
the bishop, together with the bishops, had taken his seat, the deacons
also standing by, and Victor the old man of Puppiana, Tutus of Migirpa
and Evangel of Assuri.
The Allocution of Aurelius the bishop of Carthage to the
bishops.
Aurelius, the bishop, said:
438
After the day fixed for the
council, as ye remember, most blessed brethren, we sat and waited for
the legations of all the African provinces to assemble upon the day, as
I have said, set by our missive; but when the letter of our
Byzacene bishops had been read,
that was read to your charity, which they had discussed with me who had
anticipated the time and day of the council; also it was read by our
brethren Honoratus and Urban, who are to-day present with us in this
council, sent as the legation of the Sitifensine Province. For
our brother Reginus of the Vege [t]selitane
439
Church,
440
the letters sent to my littleness by
Crescentian and Aurelius, our fellow-bishops, of the first sees of the
[two] Numidias, in which writings your charity will see with me how
they promised that either they themselves would be good enough to come
or else that they would send legates according to custom to this
council; but this it seems they did not do at all, the legates of
Mauritania Sitifensis, who had come so great a distance gave notice
that they could stay no longer; and, therefore, brethren, if it seem
good to your charity, let the letters of our Byzacene brethren, as also
the breviary, which they joined to the same letter, be read to this
assembly, so that if by any chance they are not entirely satisfactory
to your charity, such things in the breviary may be changed for the
better after diligent examination. For this very thing our
brother and fellow-bishop of the primatial see, a man justly
conspicuous for his gravity and prudence, Mizonius, demanded in a
letter he addressed to my littleness. If therefore it meets with
your approval, let there be read the things which have been adopted and
let each by itself be considered by your charity.
435
Only found in the
Latin.
436
These interludes or
“Digressions,” as Van Espen calls them, are found in
Dionysius and in the Greek texts.
437
In the Greek this
reads xvi
th
.
438
The text here I
suspect is much corrupted. The Greek and Latin do not agree.
439
In Gustavus
Willmann’s
Corpus Inscriptionum Latinarum
, vol. viii., p.
47, the reading is given as
Vegeselitanæ
, in one
word. The town was Vegesela, and unfortunately there were two
towns having the same name and not far one from the other.
Cf
. map 20, Spruner-Sieglin,
Atlas Antiquus
.
440
The verb is
lacking. The Ed. of Migne’s Dion. Exig. suggests
legit
.