Canon Law & Easter Computus 2 part 8/11

In many councils this has been established, and even now it has been confirmed by your prudence, most blessed brethren, that no bishop should seize for himself another's cleric, against the will of him whose cleric he was. But I speak of Julian, who is ungrateful for the benefits of God conferred upon him through my lowliness, that he has shown himself so rash and bold that—a man who was baptized by me, when he was a most needy boy, and was commended to me by that same man, and was for many years nourished and grew up under me—this man, as I said, it is established was baptized in my Church, by the hand of my lowliness; and the same man in the diocese

of Mappalia had begun to be a lector, indeed had read for almost two years, when—by I know not what contempt of my humility—this same Julian seized him, whom he claims to usurp as though a proper citizen of his own place of Vazari, without consulting me; for he even ordained him a deacon. If this be permitted, let such license be open to us, most blessed brethren; if not, let one so shameless be restrained, lest he mingle himself in the communion of anyone. Numidius the bishop said: If it appears that Julian has done this without requesting or consulting your worthiness, we all judge that it was done iniquitously and unworthily.

Wherefore, unless that same Julian corrects his error and, with satisfaction, recalls to your flock that same cleric whom he had dared to ordain—acting against the statutes of the council—he, separated from us by reason of his contumacy, shall receive judgment. Epigonius the bishop said: A father in age, and most ancient in his very promotion, a praiseworthy man, our brother and colleague Victor, wishes this petition to be made general for all. That it should be permitted to the bishop of Carthage to ordain a cleric from wherever he wishes. LV. Aurelius the bishop said: Admit the discourse I begin, brethren. It happens sometimes that we are petitioned by Churches which lack superiors, whether presbyters or bishops:

and yet, mindful of the statutes, I follow this course, that I confer with their bishop and impress upon him that his cleric is petitioned by some Church; but perhaps today they have not resisted, and lest at some time it happen that they resist, when I have been petitioned in this matter—I who, as you know, bear the care of many Churches and of those to be ordained. It is therefore just that I confer with any of my fellow-priests with two of our fellowship, or three witnesses. But if he proves unwilling, what does your charity judge ought to be done? For I, by the favor of God, as you know, brethren, bear the solicitude of all the Churches. Numidius the bishop said: This privilege was always

to this see, that from wherever it wished, and concerning whomever it had been consulted, it might ordain a bishop according to the desire of each Church. Epigonius the bishop said: Goodness sets a limit upon possibility, for you presume less, brother, when you show yourself good and gentle to all; for you have this within your discretion, but it is far from being satisfactory to the person of each individual bishop in the first consultation only. But if you should judge that what is permitted to this see is to be claimed for itself, you have the necessity of supporting all the Churches; whence we give you not power, but assign it to your own discretion, that it may be lawful for your will, and always to retain whomever you wish, so that you may appoint superiors to flocks or Churches who have been petitioned, and from wherever you wish.

Posthumianus the bishop said: Furthermore, he who has had but one—ought that one presbyter to be taken from him? Aurelius the bishop said: But one bishop can exist through whom, by divine favor, many presbyters can be appointed, whereas one bishop is found with difficulty to be appointed. Wherefore, if anyone has had a presbyter necessary for the episcopate, and has had but one, as you said, brother, he ought to give even that one for promotion. Posthumianus the bishop said: Then, if another has abundant clerics, ought another flock to come to my aid? Aurelius the bishop said: Certainly; when you have come to the aid of another Church, he who has more clerics will be persuaded to bestow one upon you to be ordained.

That bishops who have been ordained in dioceses should claim no diocese for themselves. LVI. Honoratus and Urbanus the bishops said: We have heard it established that dioceses should not merit to receive bishops, except by the consent of him under whom they had been constituted; but in our province, when some have perhaps been ordained bishops in a diocese, with the bishop in whose power they had been constituted consenting, they also claim the dioceses for themselves; this ought both to be corrected by the judgment of your charity, and to be inhibited henceforth. Epigonius the bishop said: To individual bishops was preserved what was fitting, that out of the mass of dioceses none should be carved off to have its own bishop, unless he himself had given his consent to conceding it.

For let it suffice, if he has conceded, that the same diocese which has been permitted should have only its own bishop; let them not claim for themselves the other dioceses, because, having been taken out of the bundle of many, it alone has merited to receive the honor of the episcopate. Aurelius the bishop said: I do not doubt that it pleases your charity, all of you, that he who, in a diocese, with the bishop who held the mother-church consenting, has been ordained, should retain that same flock alone in which he had been ordained. Since, therefore, I judge that all things have been discussed, if everything has accorded with your mind, confirm all by your word. All the bishops said: All these things have pleased us all, and we have confirmed them by our subscription; and they subscribed.

I, Aurelius, bishop of the Church of Carthage, have consented to this decree, and, having read it before, have subscribed. Likewise the other bishops also subscribed. In this council it was established that bishops should not sail without a formal letter. In the consulship of Caesarius and Atticus, men of clarissimus rank, on the sixth day before the Kalends of July, at Carthage, it was decided that no bishop should sail without a formal letter from the primate. The proceedings are in the authentic records; whoever seeks them will find them. Concerning this council, the bishops written below are directed as legates to the emperor. After the fourth consulship of the most glorious emperor Honorius Augustus and that of Eutychianus, man of clarissimus rank, on the fifth day before the Kalends of May, at Carthage, in the sacristy of the restored basilica.

In this council Epigonius and Vincentius, the bishops, undertook a legation, that on behalf of those fleeing to the Church—however guilty they be—they might obtain a law from the most glorious princes, that no one should dare to drag them away. In this council a legation is appointed to the bishops of Rome and Milan concerning the little ones who have been baptized among heretics, and to the emperor concerning the removal of the remains of idols, and concerning very many other matters. After the consulship of Flavius Stilicho, man of clarissimus rank, on the fourteenth day before the Kalends of July, at Carthage, in the sacristy of the restored basilica. When Aurelius the bishop had taken his seat together with his fellow-bishops, the deacons standing by, Aurelius the bishop said:

Your charity, most holy brethren, knows full well together with me the necessities of the Churches of God constituted throughout Africa; and since the Lord has granted that the presence of your holy assembly should be gathered, at least in part, it seems to me fitting that we should bring forward into the midst these same necessities, which we have been able to investigate by our own solicitude. And when your sincerity has approved them, it follows that one of our number, a fellow-priest, must be chosen who, with the Lord's help and your prayers, may be able to undertake these very necessities and diligently fulfill what must be carried through—one who will proceed to the overseas parts of Italy, so that he may be able to make known our very necessity, and our grief and want, both to our holy brethren and fellow-priests, to the venerable holy brother Anastasius, bishop of the Apostolic See, and also to the holy brother Venerius, priest of the Church of Milan.

For from these sees this had been forbidden, which I know must be provided against as a common peril, especially because there is so great a lack of clerics, and so many Churches are so deserted that they are found to have not even a single deacon, even an unlettered one. For concerning the other higher grades and offices I think I must be silent, because, as I said, if the ministry of a deacon is not easily found, much more is it most certain that those of the higher honors cannot be found. And we can no longer endure the daily laments of the well-nigh dead flocks of various places; unless aid be at some time brought to them, a grave and inexcusable cause of innumerable perishing souls will remain against us before God.

That little ones baptized among the Donatists may be ordained clerics in the Catholic Church. LVII. Wherefore, since your unanimity recognizes together with me that it was established in the previous council, that those who as little ones were baptized among the Donatists, not yet being able to know the ruin of their error, and after they have come to an age capable of reason, having recognized the truth and abhorring their falsehood, have been received into the Catholic Church of God, spread throughout the whole world, by the ancient order, through the laying on of hands—that for such men the name of error should not hinder the office of the clergy which is to be taken up:

since, by drawing near to the faith, they thought theirs was the true Church, and there believed in Christ, and received the sacraments of the Trinity, all of which it is most certain are true and holy and divine, and in these all the soul's hope is set.

Although even the presumptuous audacity of heretics, cloaked under the name of truth, dares to hand down these very things; since they are simple—as the blessed Apostle forewarns, saying, 「One God, one faith, one baptism」—and it is not permitted to repeat what it is right to give but once, let them, with the name of error anathematized, be received through the laying on of hands into the one Church, the dove, as it is said, and the one mother of all Christians, where all those sacraments are received wholesomely, eternally, and life-givingly; which sacraments, for those who persevere in heresy, acquire a great penalty of damnation, so that what in truth would be for them more luminous unto the attaining of eternal life, this in error is more shadowy and more damning.

Wherefore, since some, fleeing and recognizing the breasts of the Catholic mother Church—who believed all those holy mysteries out of love of the truth, and received them—when to these sacramental realities the integrity of a good life has been added, without doubt that such men are to be applied to the office of the clergy, and especially in such great necessity of affairs, there is no one who would not concede it. Although some clerics of that same sect desire to come over to us together with their flocks and their honors: men who, out of love of honor, either persuade others to a good life, or retain them unto salvation. But I judge that this is to be left to the greater consideration of the aforesaid brethren:

so that, when in their more prudent counsel they have weighed the words of our suggestion, they may deign to inform us what pleases them concerning this matter. Only concerning those who were baptized as infants are we earnest, that, if it please, they may consent to our will in ordaining these same men. Therefore let your honorable fraternity weigh together with me that all the things we have comprehended above are to be acted upon in the presence of the holy bishops. Concerning the relics of idols, or temples, to be abolished by the emperors. LVIII. Other necessities also press, to be petitioned from the religious emperors: that they should command the relics of idols throughout all Africa to be utterly cut away; for in very many maritime places, and on various estates, the iniquity of this error still flourishes:

so that these too may be ordered to be destroyed, and their temples, which are set in fields or in hidden places and are of no ornament, may be commanded to be utterly demolished. That clerics should not be compelled to give testimony in public concerning what they have learned in their own cognizance. LIX. It must also be petitioned that they deign to decree: that if perchance they wish, in a Church, to conduct any cause by the apostolic law imposed on the Churches, and the decision of the clerics should perhaps displease one party, it should not be permitted to summon to judgment, to give testimony, that cleric who was the examiner or was present; so that no ecclesiastical person whatsoever should be urged to give testimony. Concerning the banquets of the pagans, which are to be done away with. LX.

This too must be petitioned: that the banquets which are practiced in many places against the divine precepts, and which have been drawn from heathen error, so that now Christians are compelled by pagans to celebrate these—from which thing, in the times of Christian emperors, another persecution seems to be carried on secretly—they should order such things to be forbidden, and to be prohibited from the cities and from the estates by an imposed penalty; especially since, even on the birthdays of the martyrs, in some cities, and in the very holy places, they do not shrink from committing such things. On which days too—what it is shameful to say—they perform most wicked dances through the streets and squares:

so that matronly honor and the modesty of innumerable women who come devoutly to that most sacred day are assailed by wanton outrages, and so that even access to holy religion itself is well-nigh shunned. Concerning spectacles, that they be in no way held on the Lord's day or on the other festivals of the saints. LXI. This too must be petitioned: that the spectacles of the theaters and of the other games be removed from the Lord's day and from the other most solemn days of the Christian religion, chiefly because on the day of the octave of holy Easter the people gather to the circus rather than to the church; and that the days of their devotion, whenever they happen to fall together, ought to be transferred, and that no Christian ought to be compelled to these spectacles:

chiefly because in carrying out these things which are contrary to the commandments of God, no necessity of persecution is to be applied by anyone; but, as is fitting, let a man stand fast by the free will divinely granted to him. For the danger of the corporati especially must be considered, who, contrary to the commandments of God, are compelled by great terror to assemble at the spectacles. Concerning condemned clerics. LXII. This too must be petitioned, that they deign to decree: that if any cleric of whatever rank be condemned by the judgment of the bishops for any crime whatsoever, it shall not be lawful for him to be defended either by the churches over which he presided, or by any man, with a penalty of loss, of money, and of rank interposed; and that they prescribe that neither age nor sex is to be excused therein.

Concerning those who have become Christian actors. LXIII. Concerning these also it must be petitioned: that if anyone from any theatrical art has wished to come to the grace of Christianity and to remain free from that stain, it shall not be lawful for him to be brought back or compelled by anyone again to practicing those same things. Concerning manumissions to be celebrated in church, to be requested from the emperor. LXIV. As for manumissions, indeed, to be pronounced in church, if our fellow-priests are found to do this throughout Italy, it shall likewise be a matter of our confidence to obtain the regularization of these things: with full permission granted to a legate sent, so that whatever he shall be able to do worthy of trust for the state of the Church and the salvation of souls, we will receive it laudably in the sight of the Lord.

All which things, if they please your holiness, proclaim: so that they may both perceive my suggestion to have been ratified by you, and the sincerity of them may gladly receive the consent of us all. By all the bishops it was said: All these things please us, which have been enjoined to be carried out and prudently expounded by your holiness. Concerning the condemned bishop Equitius. LXV. Aurelius the bishop said: I do not think that the matter of the legation concerning Equitius also—long ago deservedly condemned by episcopal sentence for his own demerit—is to be passed over: so that if perchance our brother find him in those parts, it may be his care, for the state of the Church, to carry out against him what shall be fitting, or wherever it shall be permitted. By all the bishops it was said: This prosecution also pleases us greatly:

chiefly since Equitius was condemned long ago, and his shameless restlessness must, for the state and salvation of the Church, be more and more repelled everywhere. And they subscribed. Aurelius bishop of the Church of Carthage: I have consented to this decree, and to what was read I have subscribed; and in like manner the other bishops subscribed. In this council are read the letters of Anastasius, Roman Pontiff, admonishing the catholic bishops concerning the Donatists. In the consulship of the most distinguished men Vincentius and Fravitus.

on the Ides of September, at Carthage in the sacristy of the restored basilica, when we, the bishops from all the African provinces, having been assembled in council, were seated together in the Church of Carthage—that is, Aurelius bishop of that see with his colleagues, whom their subscription makes manifest—the epistles of our most blessed brother and fellow-priest Anastasius, bishop of the Roman Church, having been recited, by which with the solicitude and sincerity of paternal and fraternal charity he exhorted us in no way to dissemble concerning the snares and wickednesses of the heretics and schismatics, the Donatists, by which they grievously vex the catholic African Church;

we give thanks to our Lord, that he deigned to inspire in that excellent and holy prelate so dutiful a care for the members of Christ, though set in diverse lands yet constituted in the one frame of the body. That dealings with the Donatists be more gentle. LXVI. Then, all things having been thoroughly examined and considered which seemed to befit the benefit of the Church, with the Spirit of God assenting and admonishing, we have chosen to deal gently and peaceably with the aforesaid men, although they have been cut off by restless dissension from the unity of the Lord's body: so that, as far as in us lies, it may be thoroughly made known to all who are entangled in their communion and society, throughout all the African provinces, by how lamentable an error they are bound:

lest perchance, as the Apostle says, when we in meekness rebuke those who think otherwise, God may grant them repentance unto the knowledge of the truth, and they may recover themselves out of the snares of the devil, having been taken captive by him at his will. Concerning letters to be sent to the judges, that the things which were done between the Donatists and the Maximianists may be made known. LXVII.

And so it was resolved, that from our council letters be given to the African judges, from whom it would seem fitting to petition this: that they aid in this the common mother, the catholic Church, in that wherein episcopal authority can be strengthened in the cities, that is, that by judicial power and diligence, according to the Christian faith, they may inquire what was done in all the places in which the Maximianists obtained basilicas, who made a schism from them, and that they may, by public acts, on account of firm knowledge necessary to all, cause it to be kept on record. That the clerics of the Donatists be received in the catholic Church among the clergy. LXVIII.

Then it was resolved, that letters be sent to our brothers and fellow-bishops, and especially to the apostolic see, over which presides the aforesaid venerable brother and colleague of ours, Anastasius, that he may know Africa to have great need, on account of the peace and benefit of the Church: that from among the Donatists themselves, whatever clerics, with their counsel corrected, shall wish to pass over to catholic unity, may—according to the will and counsel of each catholic bishop who governs the Church in that same place, if it shall seem to profit Christian peace—be received in their honors, just as it is manifest to have been done in the earlier times of that same division.

This the examples of many, and of almost all the African Churches in which such an error arose, attest: not so that the council which was held in the overseas regions concerning this matter be dissolved, but so that it remain in force regarding those who wish to pass over to the catholic Church in such a way that through them no compensation of unity be procured. But those by whom catholic unity, in the places in which they dwell, shall be seen to be in any way perfected or aided by the manifest gains of brotherly souls—let it not stand against them what was decreed in the overseas council against their honors, although salvation was cut off from none;

that is, that those ordained in the party of Donatus, if corrected they shall wish to pass over to the catholic Church, be not received in their honors according to the overseas council: but with the exception of those through whom provision is made for catholic unity. That a legation be directed to the Donatists for the sake of establishing peace. LXIX. Then it was resolved, that, these things being done, also legates for proclaiming peace and unity—without which Christian salvation cannot be obtained—be sent from among our number to the Donatists themselves, whether to the bishops they have, or to their congregations, through whom it may be brought to the notice of all how they have nothing which they can justly say against the catholic Church: chiefly, that

it may be made manifest to all, by means even of municipal acts, on account of the firmness of documents, what they themselves have done concerning their own schismatic Maximianists: wherein it is divinely shown to them, if they will but attend, that those men were then as unjustly cut off from the unity of the Church as they now unjustly cry out that the Maximianists made a schism from them; yet from whose number those whom they had already condemned by the authority of their own plenary council, they have again received back into their honors, and have accepted the baptism which the condemned and excluded had given:

so that they may see with how foolish a heart they resist the peace of the Church spread throughout the whole world, when they do these things for the party of Donatus, and say that they are not contaminated by the communion of those whom they thus received, out of regard for peace, and yet they condemn us, that is, the catholic Church, established even in the farthest parts of the earth, as defiled through the communion of those whom, accusing them, they were unable then to convict. Which clerics ought to abstain from their wives. LXX. Moreover, when it was reported concerning the incontinence of certain clerics, even toward their own wives: it was resolved that bishops, presbyters, and deacons, according to the prior statutes, abstain even from their wives; and if they shall not do so, that they be removed from ecclesiastical office.

But that the other clerics be not compelled to this, but ought to be observant according to the custom of each Church. Concerning those who abandon their own congregations. LXXI. Again it was resolved, that no one have the liberty, having left his principal cathedra, to betake himself to any church situated in the diocese, or, being established on his own private estate longer than is fitting, to neglect the care or frequenting of his own cathedra. Concerning infants to be baptized, as often as it is doubted whether they have been baptized. LXXII.

Likewise it was resolved concerning infants, as often as no most certain witnesses are found who testify without doubt that they were baptized, nor are they themselves by reason of age fit to answer concerning the sacraments delivered to them, that they be baptized without any scruple, lest this hesitation cause them to be deprived of the purification of the sacraments. For from this the legates of the Moors, our brethren, consulted us, because they ransom many such from the barbarians. That the day of Easter be announced on the day of the council. LXXIII. Likewise it was resolved, that the day of venerable Easter be intimated to all by the subscription of formatae, but that the day of the council be kept the same which was established in the Council of Hippo, that is, the tenth day before the Kalends of September.

And that it be written to the primates of each several province, that when they gather a council among themselves, they not hinder that day. That an interventor bishop not occupy the cathedra where he is interventor. LXXIV. Likewise it was constituted, that it be lawful for no intercessor to retain the cathedra to which an intercessor was given, by any zeal or seditions of the peoples whatsoever: but to give effort, that within a year he provide a bishop for them; and if he shall have neglected this, the year being spent, let another interventor be assigned. Concerning the defenders of the Churches to be requested from the emperor. LXXV.

It seemed good to all that it be petitioned from the emperors, on account of the affliction of the poor, by whose troubles the Church is wearied without intermission, that defenders be delegated to them against the powers of the rich, with the provision of the bishops. Concerning bishops who do not come to the councils. LXXVI. Likewise it was resolved, that whenever a council is to be assembled, the bishops who are hindered neither by age, nor by sickness, nor by any graver necessity, come duly; and that it be intimated to the primates of each several province, that of all the bishops two or three groups be made, and that from the several groups in turn, as many as shall be chosen, come most punctually to the day of the council.

But if they shall not be able to come, let them set down their excuses in writing in the convocation-letter, or if after the arrival of the convocation-letter some necessities should perchance suddenly arise, unless they render the reason of their impediment to their own primate, they ought to be content with the communion of their own Church. Concerning Cresconius. LXXVII. Concerning Cresconius of Villa Regia it seemed good to all, that hence also it be intimated to the primate of Numidia, whereby he may know that the aforesaid Cresconius must be summoned by his own writings, that he not defer to present himself at the next universal African council: but if he shall scorn to come, let him know that a sentence is to be promulgated against himself. Concerning the Church of the Hippo Diarrhytus. LXXVIII.

Again it was resolved, that since the destitution of the Church of the Hippo Diarrhytus is no longer to be neglected, and the churches there are held by those who shunned the criminal communion of Equitius, bishops being sent from the present council—Reginus, Alypius, Augustine, Maternus, Theasius, Evodius, Placianus, Urbanus, Valerius, Ambivius, Fortunatus, Quodvultdeus, Honoratus, Januarius, Aptus, Honoratus, Ampelius, Victorianus, Evangelus, and Rogatianus—those being convened and corrected who with culpable obstinacy thought that the flight of that same Equitius should be awaited, a bishop be ordained for them with the vote of all.