Canon LV. (Greek
lix.)
That it be lawful for the bishop of Carthage to ordain a
cleric whenever he wishes.
Aurelius
, the bishop,
said: My brethren, pray allow me to speak. It often happens
that ecclesiastics who are in need seek deacons [
præpositis
in the Latin], or presbyters or bishops from me: and I, bearing
in mind what things have been ordained these I observe, to wit, I
summon the bishop of the cleric who is sought for, and I shew him the
state of affairs, how that they of a certain church ask for a certain
one of his clergy. Perchance then they make no objection, but
lest it happen that afterwards they might object when in this case they
shall have been demanded (
postulati
) by me, who (as you know)
have the care of many churches and of the ordinands. It is right
therefore that I should summon a fellow bishop with two or three
witnesses from our number. But if
he be found
indevotus
[
ἀκαθοσίωτος
],
what does your charity think should be done? For I, as ye know,
brethren, by the condescension of God have the care of all the
churches.
Numidius, the bishop, said:
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This see always had the power of
ordaining a bishop according to the desire of each Church as he wills
and on whose name there was agreement (
fuisset conventus
).
Epigonius, the bishop, said: Your good nature makes small use of
your powers, for you make much less use of them than you might, since,
my brother, you are good and gentle to all; for you have the power, but
it is far from your practice to satisfy the person of each bishop in
prima tantummodo conventione. But if it should be thought that
the rights of this see ought to be vindicated, you have the duty of
supporting all the churches, wherefore we do not give thee power, but
we confirm that power thou hast, viz.: that thou hast the right
at thy will always to choose whom thou wilt, to constitute
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prelates over peoples and churches who shall
have asked thee to do so, and when thou so desirest.
Posthumianus, the bishop, said: Would it be right that he who had
only one presbyter should have that one taken away from him?
Aurelius, the bishop, said: But there may be one bishop by whom
many presbyters can be made through the divine goodness, but one fit to
be made bishop is found with difficulty. Wherefore if any bishop
has a presbyter necessary for the episcopate and has one only, my
brother, as you have said, even that one he ought to give up for
promotion. Posthumianus, the bishop, said: If some other
bishop has plenty of clergy, should that other diocese come to my
help? Aurelius, the bishop, said: Of course, when you have
come to the help of another Church, he who has many clerics should be
persuaded to make one over to you for ordination.
Notes.
Ancient Epitome of Canon LV.
It is lawful for the bishop of Carthage, whenever he
wills, to choose those who are to be set over the churches: even
if there were only one presbyter worth of rule. For one bishop
can ordain many presbyters, but one fit for the episcopate is hard to
find.
This canon is the first half of Canon vij. of the
Council of Carthage held August 28th
a.d.
397.
Johnson.
It is evident, that this privilege of the Bishop of
Carthage extended to the whole African diocese or the six provinces of
Africa, which contained near five hundred bishoprics. This was
what caused such frequent ordinations of bishops in the Church of
Carthage (See
Can. Afr
. 49, and the Note). And it is
further apparent, that the Bishop of Carthage had some power over the
whole African church, and was probably their visitor (See Can.
52). But that he had the sole power of ordaining bishops for
every church, with the assistance of any two bishops, does not appear,
though Justellus is of this opinion; nay, the 49th canon proves that he
had it not.
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The meaning of this
whole canon is very obscure, the text is almost certainly corrupt; and
the Greek in many places in no way corresponds to the Latin.
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Migne’s text
reads this negatively “ut non constituas,” but I have
followed Labbe and Cossart and have omitted the “non.”