It was resolved that Mauritania Sitifensis, as it had requested, have its own primate of the province of Numidia—from whose body it is separated—so that it may have its own primate, whom, with all the primates of the African provinces, or all the bishops, consenting, it has been permitted to have on account of the distance. If any cleric be ordained, he ought to be admonished to observe the enactments; and that the eucharist not be given to the bodies of the dead, nor baptism; and that every year throughout all the provinces the metropolitans assemble for a council. XVIII. Likewise it was resolved that, when bishops or clerics are ordained, the decrees of the councils should first be impressed upon their ears by their ordainers, lest they repent of having done anything against the enactments of the council.
Likewise it was resolved that the eucharist not be given to the bodies of the dead; for it is written: «Take and eat,» but corpses can neither take nor eat; and that the slothfulness of presbyters not cause men already dead to be baptized: for which reason it must be confirmed in this holy synod that, according to the Nicene decrees, on account of ecclesiastical matters which often grow old to the ruin of the people, every single year a council be convened, to which all the provinces that have primatial sees may send two bishops, or as many as they shall choose, as legates from their councils, so that, the assembly being gathered, there may be full authority. That if any bishop be accused, the case be referred to the primate of his province. XIX.
Bishop Aurelius said: Whosoever of the bishops is accused, let the accuser refer the case to the primates of his province; nor let him to whom the crime is imputed be suspended from communion, unless, summoned by letters on the appointed day to plead his cause before the chosen judges, he fail to appear—that is, within the space of a month from the day on which it is established that he received the letters: but if he prove any true causes of necessity by which it is manifest that he could not appear, let him have full opportunity within a second month of pleading his cause; yet so long, after the second month, let him not communicate until he be cleared.
But if he be unwilling to appear at the annual universal council, so that at least there his case might be concluded, let him be judged to have pronounced upon himself the sentence of condemnation; during the time, indeed, in which he does not communicate, let him not communicate either in his own Church or parish. But his accuser, if he be never absent on the days appointed for pleading the cause, shall not be removed from communion; but if at any time he be absent, withdrawing himself, then, the bishop being restored to communion, the accuser himself shall be removed from communion: yet so that the opportunity of pursuing the case be not taken from him either, if he prove that he was unwilling—but rather unable—to appear on the day.
But this also: that when he begins to act in the bishops' court, if the person of the accuser be culpable, he shall not be admitted to bring the charge, unless he wishes to assert his own causes—yet not ecclesiastical ones. On presbyters or clerics accused. XX. But if presbyters or deacons be accused, there being joined to him, with his own bishop, from neighbouring places a lawful number of colleagues whom the accused shall have requested from him—that is, six in the case of a presbyter, three in the case of a deacon, together with himself—let them examine their case, the same form being observed of days, and of delays, and of removals from communion, and of the examination of persons, between the accusers and those who are accused.
But the cases of the remaining clerics let even the bishop of the place alone take cognizance of and conclude. That the sons of clerics not be joined in marriage to heretics. XXI. Again it was resolved that the sons of clerics not be joined in marriage to pagans or heretics. That bishops or clerics bestow nothing on those who are not catholic. XXII. And that upon those who are not catholic Christians—even if they be blood-relations—bishops or clerics bestow nothing through donations of their goods. That bishops not go across the sea. XXIII. Likewise that bishops not go across the sea, unless having consulted the bishop of the first see of each one's province, so that especially from him they may be able to receive a formal letter or commendation.
That besides the canonical Scriptures nothing be read in the Church. XXIV. Likewise that besides the canonical Scriptures nothing be read in the Church under the name of the divine Scriptures. Now the canonical Scriptures are these: Genesis, Exodus, Leviticus, Numbers, Deuteronomy, Joshua the son of Nun, Judges, Ruth, the four books of Kings, the two books of Chronicles, Job, the Psalter, the five books of Solomon, the twelve books of the Prophets, Isaiah, Jeremiah, Ezekiel, Daniel, Tobit, Judith, Esther, the two books of Ezra, the books of the Maccabees. Of the New Testament: the four books of the Gospels, the one book of the Acts of the Apostles, the fourteen Epistles of Paul, the two of the Apostle Peter, the three of the Apostle John, the one of the Apostle James, the one of the Apostle Jude, the one book of the Apocalypse of John.
This too shall be made known to our brother and fellow-priest Boniface, or to the other bishops of those parts, for the confirming of this canon, because we have received from the Fathers that these are to be read in the Church. Concerning bishops, or the following orders, who handle the sacrosanct mysteries, it was resolved that they abstain from their wives. XXV. Bishop Aurelius said:
We add, dearest brethren, moreover, that, since report was made concerning the incontinence of certain clerics—though they be lectors—towards their own wives, it was resolved, as has also been confirmed in various councils, that subdeacons who handle the sacred mysteries, and deacons, presbyters, and also bishops, according to their proper statutes, abstain even from their wives, so that they may seem to be as having none: but if they do not this, let them be removed from ecclesiastical office. But the rest of the clerics are not to be compelled to this, save at a more mature age. By the whole council it was said: What things your holiness has justly and holily moderated, and which are pleasing to God, we confirm. That no one alienate the goods of the Church. XXVI.
Likewise it was resolved that no one sell the goods of the Church: but if it have no revenue, and some very great necessity compel, this is to be intimated to the primate of its province, that, with an appointed number of bishops, he may judge whether it is to be done. But if so great a necessity press upon the Church that it cannot consult beforehand, let it at least convene neighbouring bishops as witnesses, taking care to refer to the council all the necessities of its Church: but if it do not this, let the seller be held guilty before God and the council, his honour being lost. Presbyters and deacons convicted in a graver fault shall by no means receive the imposition of hands, as laymen do.
XXVII. Likewise it was confirmed that if at any time presbyters or deacons be convicted in some graver fault, by which it is necessary that they be removed from the ministry, hands are not to be laid upon them as upon penitents, or as upon faithful laymen; nor is it to be permitted that the rebaptized be promoted to the grade of the clergy. Presbyters, deacons, or clerics who think they should appeal in their cause to places overseas, are by no means to be received into communion. XXVIII. Likewise it was resolved that presbyters, deacons, or the other inferior clerics, in the cases which they have, if they complain of the judgments of their own bishops, let the neighbouring bishops hear them with the consent of their bishop, and let the bishops called in by them decide between them:
but if they think they should appeal even from them, let them not appeal to overseas tribunals, but to the primates of their provinces, as has often been decreed concerning bishops also. But whoever shall think he should appeal overseas, let him be received into communion by no one within Africa. If anyone excommunicated presume to communicate before his hearing, he has pronounced condemnation upon himself. XXIX. Likewise it pleased the whole council that whoever has been excommunicated for his own negligence, whether bishop or any cleric, and during the time of his excommunication, before his hearing, presume to take communion, he shall be judged to have pronounced upon himself the sentence of condemnation. On the accused, or the accuser. XXX.
Likewise it was resolved that the accused or the accuser, in that place from which is he who is accused, if he fears any violence of a rash multitude, may choose for himself a nearby place, to which it be not difficult to bring witnesses, where the case may be concluded. If any clerics promoted by their bishops despise it, let them not even remain there whence they were unwilling to depart. XXXI. Likewise it was resolved that whatever clerics or deacons, for the necessities of the Churches, do not obey their bishops who wish to promote them to a more ample honour in their own Church, let them not even minister there in their grade whence they were unwilling to depart. If any cleric, poor when promoted to office, afterwards has acquired something, let it be subject to the power of the Church. XXXII.
Likewise it was resolved that bishops, presbyters, deacons, or whatsoever clerics, who are ordained having nothing, and during the time of their episcopate or clerical office acquire fields, or any estates whatsoever, in their own name, be held guilty of the crime of usurpation of the Lord's goods, unless, being admonished, they bestow those same things upon the Church. But if anything come to them properly by the liberality of someone, or by inheritance of kinship, let them do thereof what accords with their profession: but if they deviate backward from their profession, let them be judged unworthy of ecclesiastical honour, as reprobates. That presbyters not sell the goods of the Church in which they are appointed, and that it be lawful for no bishop to usurp the goods of the title of the mother Church. XXXIII.
Likewise it was resolved that presbyters not sell the goods of the Church where they are appointed, without their bishops knowing—just as bishops too are not permitted to sell the estates of the Church without the council, or their presbyters, knowing. Therefore, where there is no necessity, let it not be lawful for a bishop to usurp the goods of the mother Church, nor for a presbyter the goods of his title. There were also recited in this synod various councils of the whole province of Africa, celebrated in times past under Aurelius, bishop of Carthage. On the council that was held at Hippo Regius. In the third consulship of the most glorious emperor Theodosius Augustus, and of Abundantius, vir clarissimus, on the eighth day before the Ides of October, at Hippo Regius, in the secretarium of the basilica of peace, and so forth.
The acts of this council have therefore not been written out, because those things which were there decreed are proved to be inserted in the foregoing. On the Carthaginian council, where proconsular legate bishops are appointed to the council of Hadrumetum. In the consulship of the most glorious emperors Arcadius for the third time and Honorius for the second time, Augusti, on the sixth day before the Kalends of July, at Carthage. In this council proconsular bishops were chosen as legates to the council of Hadrumetum. On the Carthaginian council, where many things were established. In the consulship of Caesarius and Atticus, viri clarissimi, on the fifth day before the Kalends
of September, at Carthage, in the secretarium of the restored basilica, when bishop Aurelius had taken his seat together with the bishops, the deacons also standing by, there arriving likewise Victor the elder of Puppi, Tutus of Migirpa, Evangelus of Assuras. Address to the bishops by Aurelius, bishop of Carthage. Bishop Aurelius said: After the appointed day of the Council we took our seats, as you recall, most blessed brethren, and we supposed that the legations of all the provinces throughout Africa had assembled by the day appointed, as I said, for our deliberation;
But when the letter of our bishops of Byzacena had been read aloud, and likewise whatever those who had come before the time and day of the council had discussed with me, this was read out to your charity; there was read also the legation sent from the province of Sitifensis by the brothers Honoratus and Urbanus, who today take part in the council with us. Brother Reginus likewise, of the Church of Vegesela, brought to my lowliness letters given by Crescentianus of the first see, as he himself indicates, of Numidia, and by Aurelius, our fellow-bishops; in which writings your charity recognizes together with me that those same men promised either that they would themselves deign to come, or that, according to custom, they would have sent legates to this council:
but since this seems by no means to have been done, the legates of Mauritania Sitifensis, coming from far off, testify that they cannot be detained for long. And therefore, brethren, if it seems good to your charity, let the letters of our brethren of Byzacena, and also the summary which they appended to that same letter, be read out and gathered for this assembly, so that if perchance anything in it can move the mind of your charity, whatever has been more carefully observed in that same summary may be reformed for the better. For this our brother and fellow-bishop of the first see, a man esteemed for the dignity of his gravity and prudence, Mizonius, requested when writing to my lowliness. If, then, it is pleasing, let the things that have been discussed be read, and let each be considered by your charity.
That nothing of the Council of Hippo is to be amended. XXXIV. Epigonius the bishop said: In this summary, which has been excerpted from the Council of Hippo, we judge that nothing is to be amended or added, except that the day of holy Easter be made known at the time of the council. That bishops or clerics should not lightly emancipate their sons. XXXV. That bishops or clerics should not allow their sons to go out from their power through emancipation, unless they are assured concerning their morals and their age, so that henceforth their own sins may belong to themselves. That bishops or clerics should not be ordained unless they have made all those of their household Christians. XXXVI.
That bishops and presbyters and deacons should not be ordained before they have made all who are in their house Catholic Christians. That, apart from bread and wine mixed with water, nothing ought to be offered in the sacraments. XXXVII. That in the sacraments of the Body and Blood of the Lord nothing more be offered than what the Lord himself handed down, that is, bread and wine mixed with water. As for first-fruits, or honey and milk, which are wont to be offered on one most solemn day in the mystery for infants, although they may be offered at the altar, let them nevertheless have their own proper benediction, so that they may be distinguished from the sacrament of the Lord's Body and Blood; and let nothing more be offered among the first-fruits than what comes from grapes and grain.
That clerics or continent persons should not approach virgins or widows. XXXVIII. Let clerics or continent persons not approach widows or virgins except by the command or permission of bishops or presbyters; and let them not do this alone, but with fellow-clerics, or with those whom the bishop or presbyter has ordered; nor let even the bishops and presbyters themselves have access to women of this kind alone, but where either clerics are present, or some grave Christians. That the chief of the priests should not be called bishop. XXXIX. That the bishop of the first see should not be called chief of the priests, or highest priest, or anything of this kind, but only bishop of the first see.
That clerics should not enter taverns, except when abroad. XL. That clerics should not enter taverns for the sake of eating or drinking, unless compelled by the necessity of travel. That sacrifices should be celebrated to God by those who are fasting. XLI. That the sacraments of the altar should be celebrated only by men who are fasting, with the exception of the one anniversary day on which the Lord's Supper is celebrated; for if some commemoration of the deceased, whether of bishops or of others, is to be made in the afternoon, let it be done with prayers alone, if those who perform it are found already to have eaten. That banquets should by no means be celebrated in churches. XLII.
That no bishops or clerics should feast in church, except perchance when, passing through, they take refreshment there out of the need of lodging; and let the people too, as far as can be done, be prohibited from banquets of this kind. Concerning penitents. XLIII. That for penitents, according to the difference of their sins, the times of penance be determined by the judgment of the bishop; and that a presbyter should not reconcile a penitent without consulting the bishop, except when compelled by the necessity of the bishop's absence. But whenever any penitent's crime is public and most widely known, such that it has stirred the whole Church, let the hand be laid upon him before the apse. Concerning virgins. XLIV.
That sacred virgins, when they have been deprived of the parents by whom they were guarded, should by the foresight of the bishop, or of the presbyter where the bishop is absent, be commended to women of greater gravity, or, dwelling together, guard one another, lest by wandering about at random they harm the reputation of the Church. Concerning the sick who cannot answer for themselves. XLV. That the sick who cannot answer for themselves be baptized, when those who belong to them have given testimony of their will at their own risk. That to stage-players and actors and other persons of this kind, or to apostates converted or returned to God, grace or reconciliation should not be denied. Concerning the passions of the martyrs. XLVI.
Let it also be permitted that the passions of the martyrs be read when their anniversary days are celebrated. Concerning the little ones who have been baptized among the Donatists. XLVII. Concerning the Donatists it was decided that we should consult our brothers and fellow-priests Siricius and Simplicianus only about the infants who are baptized among them, lest, when with wholesome purpose they have been converted to the Church of God—what they did not do by their own judgment—the error of their parents should hinder them from being promoted as ministers of the sacred altars. When these things had been inserted, Honoratus and Urbanus, the bishops, legates of the province of Mauritania Sitifensis, said: Long ago, when we presented our writings before your holiness, we were put off with this consideration, until our brothers, the legates from Numidia, could arrive;
but since not a few days are those during which, though awaited, they have by no means come, we ought not to put off any longer the things that have been entrusted to us by our fellow-bishops; and therefore, brethren, kindly receive our suggestion. For concerning the faith we have heard the Nicene treatise; it is true; concerning the prohibition of sacrifices after a meal, that they be offered, as is fitting, by those who are fasting, this was established both then and now. Concerning the rebaptisms and reordinations or translations of bishops. XLVIII. But this we suggest as entrusted to us, which also seems to have been established in the plenary synod of Capua, namely that it should not be permitted that rebaptisms, reordinations, or translations of bishops take place. For Cresconius,
bishop of Villa Regia, having abandoned his own flock, invaded the Church of Tubunae, and to this day, though admonished according to what had been decreed—to leave that same flock which he had invaded—he has held it in contempt. We have indeed heard that the things which had been pronounced against him have been confirmed; but we ask, according to what has been entrusted to us, that you deign to grant us the assurance that, now that the very necessity compels it, we may be free to approach the governor of the province, according to the statutes of the most glorious princes, against him, so that he who would not acquiesce in the admonition of your holiness, nor amend what is unlawful, may forthwith be excluded by judicial authority. Aurelius the bishop said:
When the form of discipline has been preserved, it will not be reckoned as an act of ambition, if, having been moderately summoned by your charity, he shrinks from withdrawing, when, through his own contempt and contumacy, he has been convened even with the action of judicial authority. Honoratus and Urbanus the bishops said: Does this, then, please all? By all the bishops it was said: It is just; it pleases. How many bishops ought to ordain a bishop. XLIX. Honoratus and Urbanus the bishops said: This too has been entrusted to us, that, because recently two of our brother bishops of Numidia presumed to ordain a pontiff, you should decide that the ordinations of bishops be celebrated by no fewer than twelve bishops. Aurelius the bishop said:
The ancient form shall be preserved, that no fewer than three suffice, who have been appointed to ordain a bishop. The reason is that in Tripolis perhaps, and in Arzuges, barbarian peoples seem to lie between; for in Tripolis, as is asserted, there are only five bishops, and perhaps of that very number even two may be occupied by some necessity—for it is difficult that out of any number all should be able to attend. Ought this very thing to be a hindrance to ecclesiastical advantage? For even in this Church, to which your holiness has deigned to convene, we frequently—and almost every Sunday—have men to be ordained; should I then frequently petition twelve bishops, or summon ten, or not many fewer?
But it is easy for me to join to my lowliness two neighboring bishops. Wherefore your charity discerns together with me that this very thing cannot be observed. How many bishops ought to be added to the number of those ordaining, if objection has been made concerning the bishop to be ordained. L. But this is to be established, that when we have come together to elect a bishop, if any objection has arisen—since such matters have been discussed among us—the three who are already present should not presume to clear him who is to be ordained, but let one or two be requested in addition to the aforesaid number; and in the same flock, for which the man is to be ordained, let the persons of the objectors first be examined. Finally, let also the things that are alleged be thoroughly examined; and when he has been cleared in the public view, then at last let him be ordained.
If this accords with the mind of your holiness, let it be strengthened by the response of your worthiness. By all the bishops it was said: It is quite pleasing. That the day of Easter should be announced from the Church of Carthage. LI. Honoratus and Urbanus the bishops said: Since all the matters of our memorandum are known to have been discussed, we add this also, that it has been entrusted to us concerning the day of Easter, that we should always be instructed from the Church of Carthage, as is customary, and not within too narrow a span of time. Aurelius the bishop said:
If it seems good to your holiness—since we remember that we long ago pledged to come together each and every year for deliberation—when we have come together into one, then the holy day of Easter will be made known through the legates who shall have been present at the council. Honoratus and Urbanus the bishops said: For now, concerning the present assembly, we ask that you deign by letters to inform our province about this day. Aurelius the bishop said: So let it be done, as is necessary. Concerning the visiting of provinces. LII. Honoratus and Urbanus the bishops said:
This too has been entrusted to us by word, that, since it was established in the Council of Hippo that each individual province ought to be visited at the time of a council, you should deign also—which this year, according to the order, you have deferred—to visit the province of Mauritania in another year. Aurelius the bishop said: Then concerning the province of Mauritania, because it is set on the borders of Africa, we determine nothing, since indeed they are neighbors to barbarian territory; but may God grant that, not promising out of abundance, we may be able to come to your province. For you ought to consider, brethren, that the brethren both of Tripolis and of Arzuges could demand this same thing for themselves, if reason allowed. That dioceses should not receive a bishop except by the consent of their own bishop.
LIII. Epigonius the bishop said: In many councils this has been established by the priestly assembly, that the flocks which are held within dioceses by bishops, and which have never had bishops of their own, should not receive their own rulers—that is, bishops—except with the will of that bishop by whom they are held. But in fact, because some, having attained a certain domination, abhor the communion of the brethren, or indeed, when they have become depraved, claim domination for themselves as in some tyrannical citadel; because very many presbyters, puffed up and stupid, raise their necks against their bishop, either by arranging the people for themselves through banquets, or indeed by malicious persuasion, so that by unlawful favor they wish to set up these same men as their own rulers;
and this indeed we hold to be a notable vow of your mind, religious brother Aurelius, you who have suppressed these things from above, paying no heed to such petitioners; but on account of their evil thoughts and wickedly contrived counsels I say this, that that flock ought not to receive a ruler which has always lain subject within a diocese, and never had its own bishop. Wherefore, if it pleases the whole most holy assembly, let what I have set forth be confirmed. Aurelius the bishop said: I do not oppose the proposal of our brother and fellow-priest; but I declare that I both have done and will do this with regard to those, surely, who are in concord, not only with regard to the Church of Carthage, but with regard to the whole priestly fellowship.
For there are very many who conspire with their own flocks, whom they deceive, as has been said, tickling their ears, smooth in seducing them—men of vicious life, or indeed puffed up and separated from this fellowship, who think they must brood over their own flocks, and sometimes, when convened, refuse to come to the council, fearing perhaps lest their disgraceful deeds be betrayed. I say, if it pleases, that with regard to such men not only should the dioceses not be preserved to them, but that with regard to their own Church, which has wickedly favored them, every effort should be made that they too be rejected by public authority, and removed from those very principal chairs.
For it is fitting that he who has cleaved to all the brethren and to the whole council should possess not only his own by full right, but the dioceses as well. But truly, those who think their own flocks suffice for themselves, despising fraternal love, should not only lose the dioceses, but, as I have said, should also be deprived of their own by public authority, as rebels. Honoratus and Urbanus the bishops said: The wholesome provision of your holiness has cleaved to the minds of each one, and I think that the things which you have deigned to set forth are to be confirmed by the response of all. All the bishops said: It pleases, it pleases. That a cleric belonging to another should by no means be received by another. LIV. Epigonius the bishop said: