The
Canons of the 217 Blessed Fathers who assembled at Carthage.
(Labbe and Cossart:
Concilia
, Tom. II.
Col. 1041
; Dionysius Ex.,
Codex Can.
Eccles
.[Migne,
Pat. Lat
., Tom. LXVII.]; Beveridge,
Synodicon
in loc.)
Aurelius
the
Bishop
said:
420
You, most blessed brethren, remember
that after the day fixed for the synod we discussed many things while
we were waiting for our brethren who now have been sent as delegates
and have arrived at the present synod, which must be placed in the
acts. Wherefore let us render thanks to our Lord for the
gathering together of so great an assembly. It remains that the
acts of the Nicene Synod which we now have, and have been determined by
the fathers, as well as those things enacted by our predecessors here,
who confirmed that same Synod, or which according to the same form have
been usefully enacted by all grades of the clergy, from the highest
even to the lowest, should be brought forward. The whole Council
said: Let them be brought forward.
Daniel the Notary read: The profession of faith or
statutes of the Nicene Synod are as follows.
And while he was speaking, Faustinus, a bishop of the
people of Potentia, of the Italian province of Picenum, a legate of the
Roman Church said: There have been entrusted to us by the
Apostolic See certain things in writings, and certain other things as
in ordinances to be treated of with your blessedness as we have called
to memory in the acts above, that is to say, concerning the canons made
at Nice, that their decrees and customs be observed; for some things
are observed out of decree and canon, but some from custom.
Concerning these things therefore in the first place let us make
enquiry, if it please your blessedness; and afterwards let the other
ordinances which have been adopted or proposed be confirmed; so that
you may be able to show by your rescripts to the Apostolic See, and
that you may declare to the same venerable Pope, that we have
diligently remembered these things; although the headings of action
taken had been already inserted in the acts.
421
In this matter we should act, as I
have said above, as shall please your beloved blessedness. Let,
therefore the commonitorium come into the midst, that ye may be able to
recognize what is contained in it, so that an answer can be given to
each point.
Aurelius said: Let the commonitorium be brought
forward, which our brethren and fellow-ministers lately placed in the
acts, and let the rest of the things done or to be done, follow in
order.
Daniel the Notary read the Commonitorium. To our
brother Faustinus and to our sons, the presbyters Philip and Asellus,
Zosimus, the bishop. You well remember that we committed to you
certain businesses, and now [we bid you] carry out all things as if we
ourselves were there (for), indeed, our presence is there with you;
especially since ye have this our commandment, and the words of the
canons which for greater certainty we have inserted in this our
commonitory. For thus said our brethren in the Council of Nice
when they made these decrees concerning the appeals of bishops:
“But it seemed good that if a bishop had been
accused, etc.” [
Here follows
verbatim
Canon v. of
Sardica
.]
Ancient Epitome.
If bishops shall have deposed a bishop, and if he appeal
to the Roman bishop, he should be benignantly heard, the Roman bishop
writing or ordering.
And when this had been read, Alypius, bishop of the
Tagastine Church, and legate of the province of Numidia, said: On
this matter there has been some legislation in
former sessions of our council, and we profess
that we shall ever observe what was decreed by the Nicene Council; yet
I remember that when we examined the Greek copies of this Nicene Synod,
we did not find these the words quoted—Why this was the case, I
am sure I do not know. For this reason we beg your reverence,
holy Pope Aurelius, that, as the authentic record of the decrees of the
Council of Nice are said to be preserved in the city of Constantinople,
you would deign to send messengers with letters from your Holiness, and
not only to our most holy brother the bishop of Constantinople, but
also to the venerable bishops of Alexandria and Antioch, who shall send
to us the decrees of that council with the authentification of their
signatures, so that hereafter all ambiguity should be taken away, for
we failed to find the words cited by our brother Faustinus;
notwithstanding this however we promise to be ruled by them for a short
time, as I have already said, until reliable copies come to hand.
Moreover the venerable bishop of the Roman Church, Boniface, should be
asked likewise to be good enough to send messengers to the
aforementioned churches, who should have the same copies according to
his rescript, but the copies of the aforementioned Nicene Council which
we have, we place in these Acts.
Faustinus the bishop, legate of the Roman Church,
said: Let not your holiness do dishonour to the Roman Church,
either in this matter or in any other, by saying the canons are
doubtful, as our brother and fellow-bishop Alypius has vouchsafed to
say: but do you deign to write these things to our holy and most
blessed pope, so that he seeking out the genuine canons, can treat with
your holiness on all matters decreed. But it suffices that the
most blessed bishop of the city of Rome should make enquiry just as
your holiness proposes doing on your part, that there may not seem to
have arisen any contention between the Churches, but that ye may the
rather be enabled to deliberate with fraternal charity, when he has
been heard from, what is best should be observed.
Aurelius the bishop said: In addition to what is
set down in the acts, we, by the letters from our insignificance, must
more fully inform our holy brother and fellow-bishop Boniface of
everything which we have considered. Therefore if our plan
pleases all, let us be informed of this by the mouth of all. And
the whole council said: It seems good to us.
Novatus the bishop, legate of Mauritania Sitifensis,
said: We now call to mind that there is contained in this
commonitory something about presbyters and deacons, how they should be
tried by their own bishops or by those adjoining, a provision which we
find nothing of in the Nicene Council. For this cause let your
holiness order this part to be read.
Aurelius the bishop said: Let the place asked for
be read. Daniel the notary read as follows: Concerning the
appeals of clergymen, that is of those of inferior rank, there is a
sure answer of this very synod, concerning which thing what ye should
do, we think should be inserted, as follows:
“Hosius the bishop said: I should not
conceal what has come into my mind up to this time. If any bishop
perchance has been quickly angered (a thing what should not happen) and
has acted quickly or sharply against a presbyter or a deacon of his,
and has wished to drive him out of the Church, provision should be made
that the innocent be not condemned, or be deprived of communion:
he that has been ejected should have the right of appeal to the bishops
of the bordering dioceses, that his case should be heard, and it should
be carried on all the more diligently because to him who asks a hearing
it should not be denied. And the bishop who either justly or
unjustly rejected him, should patiently allow the affair to be
discussed, so that his sentence be either approved or else emended,
etc.”
Notes.
Ancient Epitome.
A presbyter or deacon who has been cut off, has the
privilege of appealing to the neighbouring bishops. Moreover, he
who cut him off should bear with equanimity the conclusion arrived
at.
This is the first part of Canon xiv. of Sardica, as the
canon previously quoted is Canon v. of the same synod.
And when this had
been read, Augustine, the bishop of the Church of Hippo of the province
of Numidia, said: We promise that this shall be observed by us,
provided that upon more careful examination it be found to be of the
Council of Nice. Aurelius the bishop said. If this also is
pleasing to the charity of you all, give it the confirmation of your
vote. The whole Council said: Everything that has been
ordained by the Nicene Council pleases us all. Jocundus, the
bishop of the Church of Suffitula, legate of the province of Byzacena,
said: What was decreed by the Nicene Council cannot in any
particular be violated.
Faustinus the bishop, legate of the Roman Church,
said: So far as has developed by the confession of your holiness
as well as of the holy Alypius, and of our brother Jocundus, I believe
that some of the points have been made weak and others confirmed, which
should not be the case, since even the very canons themselves have been
brought into question. Therefore, that there may be harmony
between us and your blessedness, let your holiness deign to refer the
matter to the holy and venerable bishop of the Roman Church, that he
may be able to consider whether what St. Augustine vouchsafed to enact,
should be conceded or not, I mean in the matter of appeals of the
inferior grade. If therefore there still is doubt, on this head
it is right that the bishop of the most blessed see be informed, if
this can be found in the canons which have been approved.
Ancient Epitome.
Since the written decrees of the Nicene Council have not
been found, let the Roman bishop deign to write to the bishop of
Constantinople and to him of Alexandria, and let us know what he
receives from them.
Aurelius the bishop said: As we have suggested to
your charity, pray allow the copies of the statutes of the Nicene
Council to be read and inserted in the acts, as well as those things
what have been most healthfully defined in this city by our
predecessors, according to the rule of that council, and those which
now have been ordained by us. And the whole council said:
The copies of the Creed, and the statutes of the Nicene Synod which
formerly were brought to our council through Cæcilean of blessed
memory, the predecessor of your holiness (who was present at it), as
well as the copies of the decrees made by the Fathers in this city
following them, or which now we have decreed by our common
consultation, shall remain inserted in these ecclesiastical acts, so
that (as has been already said) your blessedness may vouchsafe to write
to those most venerable men of the Church of Antioch, and of that of
Alexandria, and also of that of Constantinople, that they would send
most accurate copies of the decrees of the Council of Nice under the
authentification of their signatures, by which, the truth of the matter
having become evident, those chapters which in the commonitory our
brother who is present, and fellow-bishop Faustinus, as well as our
fellow-presbyters Philip and Asellus brought with them, if they be
found therein, may be confirmed by us; or if they be not found, we will
hold a synod and consider the matter further. Daniel the notary
read the profession of faith of the Council of Nice and its statutes to
the African Council.
The Profession of Faith of the Nicene Council.
We believe in one God, etc.,…and in the Holy
Ghost. But those who say, etc.,…anathematize them.
The statutes also of the Nicene Council in twenty heads
were likewise read, as are found written before. Then what things
were promulgated in the African Synods, were inserted in the present
acts.
420
The reader must not
complain if he finds the meaning of the translation often
obscure. So great a scholar as Hefele says of one of these
speeches, “This, I believe, must be the meaning of the somewhat
unintelligible text, etc.,” and again of another passage he says
that it “is even more obscure,” and that “the text is
undoubtedly corrupt. The sense is probably, etc.”
421
I have followed in this
passage the Greek text as a trifle less incomprehensible.