But if those men shall be unwilling to consider peace, let them not hinder, in the choosing of a prelate to be ordained, the benefit of a Church so long destitute. Concerning clerics who shall not have taken care to plead their cause within a year. LXXIX. Again it was constituted, that whenever clerics convicted and confessed in some crime—whether on account of those whose modesty is spared, or on account of the reproach of the Church, or the insolent insulting of heretics and pagans—if perchance they wish to be present at their own cause, and to assert their innocence, let them do this within a year of the excommunication: but if within a year they shall scorn to clear their cause, let no voice of theirs thereafter be heard at all.
That it be not lawful to ordain those received from another's monastery, neither as priors of a monastery, nor as clerics. LXXX. Likewise it was resolved, that if anyone shall wish either to promote to the clericate someone found from another's monastery, or to constitute him in his own monastery as superior of the monastery: the bishop who shall have done this, being separated from the communion of the others, let him be content with the communion of his own congregation only, and let that man continue neither as cleric nor as prior. Concerning bishops who institute heretics or pagans as heirs. LXXXI.
Likewise it was constituted, that if any bishop shall have preferred to the Church heirs who are strangers from his own kindred, or even heretics though kindred, or pagans, let anathema be pronounced upon him at least after death, and let his name in no way be recited among the priests of God; nor can he be excused if he died intestate, since assuredly he, being made a bishop, ought by no means to have deferred a disposition of his property congruous with his profession. Concerning manumissions. LXXXII. Likewise it was resolved, that concerning manumissions to be celebrated in church, it be petitioned from the emperor. Concerning false memorials of martyrs. LXXXIII.
Likewise it was resolved, that altars which are everywhere set up throughout the fields and along the ways, as memorials of martyrs, in which no body, or relics of martyrs are proved to be deposited, be overthrown by the bishops who preside over those same places, if it can be done: but if this is not permitted on account of popular tumults, let the congregations nevertheless be admonished not to frequent those places, so that those who are rightly minded may be held bound there by no superstition, and that altogether no memorial of martyrs be acceptably received, except where there is a body, or some relics, or the origin of some dwelling, or possession, or passion is handed down by a most faithful tradition of its origin.
For those altars which are anywhere set up through dreams and through the empty so-called revelations of any persons whatsoever, let them be reprobated in every way. Concerning the relics of idols to be extirpated. LXXXIV. Likewise it was resolved that it be petitioned from the most glorious emperors, that the relics of idolatry, not only in images, but in whatever places, or groves, or trees, be in every way destroyed. That from the bishop of Carthage, when there shall be need, letters be dictated and subscribed in the name of all the bishops. LXXXV.
By all the bishops also it was said, that if any letters please to be dictated in council, the venerable bishop who presides over this see deign to dictate and subscribe them in the name of all; in which letters also, to the legate bishops who are to be sent through the African provinces in the cause of the Donatists, it was resolved that letters be given containing the tenor of the mandate, which they may not exceed. And they subscribed: Aurelius bishop of the Church of Carthage, I have consented to this decree, and to what was read I have subscribed. In like manner the other bishops also subscribed. In this council the previous decrees are confirmed. In the consulship of the most glorious emperors Arcadius and Honorius Augusti, for the fifth time, on the sixth before the Kalends.
of September, in the city of Mileve, in the sacristy of the basilica, when Aurelius bishop of the Church of Carthage had taken his seat in the universal council, with the deacons standing by, Aurelius the bishop said: Since the holy Church is one body, and the head of all its members is one, it has come to pass, by the will of God and aiding our infirmity, that we have come to this Church, invited by the grace of love and brotherhood:
wherefore I beseech your charity, since so it must be believed, that our coming to you is neither superfluous nor unwelcome to all, that the consent of you all may be made manifest to agree with the approved decrees which were either long ago confirmed in the synod of Hippo, or afterward defined in a better council at Carthage—let them now also be recited to us in order. Then at last the concord of your brotherhood will appear clearer than light, if these things which are known to have been lawfully defined by us in the previous councils, you make manifest not only by your consent to these acts, but also by your subscriptions. Xantippus bishop of the first see of Numidia said:
I believe that what pleased all the brotherhood, and which they confirmed by their own hand, by subscribing can also please us, and we confirm it by our subscription. Nicetius bishop of the first see of Mauretania Sitifensis said: The decrees which have been recited, since they do not lack reason, and are approved by all, please even my littleness also, which decrees indeed I will confirm by my own subscription. Concerning the order of bishops, that those who were ordained later not dare to set themselves before their seniors. LXXXVI. Valentinus the bishop said:
If your goodness of patience permits, I follow up those things which in time past were done in the Church of Carthage, and which were made clear, confirmed by the subscriptions of the brethren, and I profess that we too will observe this: but this we know, that ecclesiastical discipline has always remained inviolate, in such wise that no one of the brethren would ever dare to set himself before his seniors; but by the offices of charity that was always shown to the seniors, which was ever gratefully received in those who come after. Let your holiness command this order to be better strengthened by your interlocutions. Aurelius the bishop said:
It would indeed not have been fitting that we repeat these things, unless perchance there should arise the inconsiderate minds of certain men, which sharpen our wits to establishing these things; but this is a common cause, which our brother and fellow-priest has introduced, that each one of us may know the order decreed to him by God, and that those later defer to those earlier, nor presume to do anything without consulting them. Wherefore I say, as far as the grasp of my mind retains, that those who shall have thought something must be presumed with seniors despised, ought duly to be coerced by the whole council. Xantippus bishop of the first see of Numidia said: The presence of all the brethren has heard the prosecution of our brother and fellow-priest Aurelius: what do they answer to these things?
Datianus the bishop said: What the sentence of our elders has decreed shall be made over to our assent, so that the things which are held by the acts of past councils of the Church of Carthage may be held fully confirmed among all by our assent. All the bishops said: This order has been kept both by the fathers and by the elders, and shall, God being favorable, be kept by us, saving also the right of primacy of Numidia and Mauretania. Concerning the archive and register of Numidia. Then it pleased all the bishops who subscribed in this council, that the register and archive of Numidia be both at the first see, and in the metropolis, that is, Constantina. Concerning bishop Quodvultdeus. LXXXVII.
Concerning Quodvultdeus also of Centurio, since his adversary, when he had requested to be introduced to our council, being asked whether he wished to contend with him before the bishops, had at first promised, and on another day answered that this did not please him, and departed: it pleased all the bishops, that no one communicate with this same Quodvultdeus, until his cause, of whatever kind it can be, reach its conclusion. For to take the episcopate from him, before the outcome of his cause should appear, could rightly have seemed good to no Christian. Concerning bishop Maximianus. LXXXVIII. Concerning Maximianus of Bagai, however, it pleased that letters be given from the council, both to him and to that same congregation, that both he himself depart from the episcopate, and that they seek another for themselves.
That bishops who are ordained receive from their ordainers letters which indicate the day and the consul. LXXXIX. Then it pleased, that whosoever henceforth are ordained by bishops throughout the African provinces receive from their ordainers letters subscribed by their hand, containing the consul and the day: so that no dispute arise concerning who are later or earlier. Concerning those who have read even once in a church, that they cannot be promoted by others. XC. Likewise it pleased, that whosoever has read even once in a church, be not held by another church for the clericate. And they subscribed: Aurelius bishop of the Church of Carthage, I have consented to this decree, and to what was read I have subscribed.
In like manner the other bishops also subscribed. In this council it is made known what those bishops did who were sent as legates to the overseas regions. In the consulship of the most glorious emperor Theodosius Augustus and Rumoridus, men of distinction, on the ninth before the Kalends of September, at Carthage, in the basilica of the second region, when Aurelius the bishop had taken his seat in the universal council, with the deacons standing by, Aurelius the bishop said: Reason requiring it, your brotherhood has been gathered by my slenderness to this council; for long ago, as your holiness recalls, a council having been held, we appointed our brothers as legates to the overseas regions, whom it behoved to narrate in the assembly of your holiness the course of the legation performed;
and although yesterday, while we sat together, we discussed this matter, beyond the ecclesiastical acts, more diligently what they had done, today nevertheless it behoves that the discussion of yesterday's day be confirmed by ecclesiastical acts. Concerning bishops of the provinces of Africa who were not present at the present council. The order of affairs therefore demands, that first we inquire concerning our brothers and fellow-priests who have come to this council either from Byzacium, or certainly from Mauretania, in what manner they have determined to be present at this council.
And when Philologius, Gesta, Venustianus, and Felicianus, bishops of the province of Byzacena, presented their letters of legation, and they were recited, and when Lucianus and Sylvanus, legates of the province of Mauretania Sitifensis, also presented their letters of legation, and they were recited, Aurelius the bishop said: The text of these writings shall be joined to the acts. Concerning the bishops of Byzacena. Numidius the bishop said: We perceive that our brothers and fellow-bishops of the province of Byzacena, and of Mauretania Sitifensis, have appointed legates to the council: now let us inquire whether the legates of Numidia have arrived, or certainly of the province of Tripolitana, or of Mauretania Caesariensis. Concerning the bishops of Mauretania Sitifensis.
Lucianus and Sylvanus, bishops, legates of the province of Mauretania Sitifensis, said: The convocation-letter came late to our brothers the Caesarienses, for they would even now be coming; nevertheless it is necessary that they come, and we are confident concerning their minds, that if anything be done in this council, they too will without doubt apply their consents. Concerning the bishops of Numidia. Alypius bishop of the Church of Thagaste said: We indeed have come from Numidia, I and the holy brothers Augustine and Possidius; but from Numidia a legation could not be sent, because, on account of the tumult of the recruits still continuing, the bishops are either hindered or occupied by their own necessities in their cities.
For even when I was delivering your holiness's convocation-letter to the holy old man Xantippus, it had seemed in the present deliberation that a council should be proclaimed, so that an instructed legation could be appointed to this council; but when I admonished him by later letters concerning the impediment of the recruits, as I said above, he excused himself by his own reply. Aurelius the bishop said: There is no doubt that the aforesaid brothers and fellow-bishops of ours of Numidia, when they shall have received the acts of the council, will both apply their consents, and will hasten to bring into effect whatever shall have come into agreement: the care therefore of this see is to provide that this very thing be intimated to them. Concerning the Tripolitan bishops.
Concerning the Tripolitan brothers indeed, I was able to learn this, that they appointed our brother Dulcitius as legate; but because he could not come, certain sons of ours coming from the aforesaid province asserted this, that the aforesaid had entrusted himself to a ship, and it must be believed that some delay arose from the storms, which retarded his coming: nevertheless even regarding them, if it please your charity, this form shall be observed, that the resolutions of the council be transmitted to them. By all the bishops it was said: These things, which your holiness has established, please all. Concerning the Donatists to be dealt with. XCI. Aurelius the bishop said:
As to what has come up for discussion among Your Charity, I think this ought to be confirmed by ecclesiastical acts. For the declaration of you all has brought forth this: that each one of us ought, in his own city, to approach the overseers of the Donatists in his own person, or to associate with himself a neighbouring colleague, so that together they may approach them in each several city or place, through the magistrates or the elders of those places. If this is pleasing to all, let it be decreed. By all the bishops it was said: 'It pleases all, and we have confirmed it by this our subscription.' We also ask that, with regard to the letters to be sent to the judges from the council, Your Holiness may subscribe on behalf of all. Bishop Aurelius said:
If it seem good to Your Charity, let the form of approaching them be read aloud, so that, if it please, we may all hold to this tenor of procedure. By all the bishops it was said: 'Let it be read.' Laetus the notary read it out. The Form of Approaching the Donatists. XCII. Such-and-such a bishop of such-and-such a Church said: We ask Your Gravity to read out what we have obtained concerning the authority of that most ample See, and to have it inserted into the acts, and to command that it be carried into effect. And when the order had been read out and inserted into the acts, such-and-such a bishop of such-and-such a Church said:
Be pleased, therefore, to hear what has been entrusted to us by the council of the Catholic Church to be carried, through Your Gravity, to the Donatists, and to insert it into the acts and convey it to them, and again to make known to us their reply among your acts. We have approached you, sent by the Catholic authority of our council, desiring to rejoice over your amendment, considering the charity of the Lord, who said: 'Blessed are the peacemakers, for they shall be called the children of God' (Matt. 5:9); and who also admonished us through the Prophet, even concerning those who say that we are not their brethren, that we ought to say to them, 'You are our brethren' (Isa. 66:5). This peaceable admonition of ours, then, proceeding from charity, you ought not to despise:
namely, that if you think you possess any portion of the truth, you should not hesitate to assert it—that is, that when your council has been gathered, you should choose from among yourselves men to whom you may commit the case for your assertion; so that we too may do the same, namely that from our council also there may be chosen those who, with the men whom you shall have appointed, at a place and time agreed upon, may with peace discuss whatever question it is that separates your communion from us; and so that at length, with the help of the Lord our God, this aged error may receive its end, lest, on account of the animosity of men, weak souls and an ignorant people perish by a sacrilegious dissension. For if you receive this in a brotherly spirit, the truth will easily come to light;
but if you should be unwilling to do this, your diffidence will easily become apparent. And when it had been read out, by all the bishops it was said: 'It pleases us well; let this be done.' And they subscribed. 'I, Aurelius, bishop of the Church of Carthage, have consented to this decree, and have subscribed to what was read before me.' In like manner the other bishops also subscribed. This synod directs a legation against the Donatists to the emperors. In the sixth consulship of the most glorious Emperor Honorius Augustus, on the twelfth day before the Kalends of July, at Carthage, in the basilica of the second region. In this council Theasius and Evodius undertook the legation against the Donatists, in which council was inserted the memorandum which runs as follows. The Kind of Memorandum the Legates Received against the Donatists. XCIII.
A memorandum for the brethren Theasius and Evodius, legates sent from the Carthaginian council to the most glorious and most religious princes: when, with the Lord's help, they have approached the most pious emperors, they are to make known to them the following. How, with full confidence and in accordance with the council of the previous year, the overseers of the Donatists were approached by the municipal acts, to the end that, if they had confidence in their assertions, they should choose some suitable men from their number and confer with us peaceably, and should, with Christian gentleness, not hesitate to demonstrate any truth they held; so that thus the Catholic sincerity, which already long ago in former times shone forth, might now also become manifest to those who resist through ignorance or obstinacy:
but because they were weighed down by diffidence, they dared to answer almost nothing. Therefore, since the episcopal and peaceable duty toward them has been fulfilled, and since those who were unable to answer the truth have turned to monstrous violence—so much so that they have crushed by ambushes many bishops and many clerics (to say nothing of the laity), have invaded some Churches, and have attempted to invade others—it now belongs to their Clemency's care to provide that the Catholic Church, which bore these very men in Christ from a religious womb and nourished them in the firmness of the faith, may also be fortified by their protection, lest reckless men should, in religious times, prevail by terrifying the weak peoples, since they cannot corrupt them by seducing.
For well known, and often denounced by the laws, is that detestable band of the Circumcellions, by whose madness men rage—a band which has even been condemned by the frequent enactments of those same most religious princes mentioned above; against whose madness we may obtain protections that are neither unusual nor foreign to the Holy Scriptures, since the Apostle Paul, as is known to the faithful in the Acts of the Apostles, even put down the conspiracy of factious men by military aid. But we ask this: that protection be afforded, without any dissimulation, to the Catholic Churches—through the magistracies in each several city, and through any of the neighbouring landholders in the various places.
At the same time, petition must also be made that the law which was promulgated by Theodosius, their father of religious memory, concerning ten pounds of gold to be levied upon ordainers or ordained heretics, or even upon landholders on whose property their assembly is detected, be henceforth confirmed in this manner: that it may be in force against those against whom the Catholics, provoked on account of their ambushes, shall have lodged a formal complaint; so that at least by this terror they may desist from their schismatic or heretical depravity—they who, in consideration of eternal punishment, neglect to be amended and corrected.
Petition must also be made that the law which denies to heretics the faculty of taking or leaving anything by way of donations or testaments be likewise renewed by their Piety to this extent: that it take away the right of leaving or receiving from those who, blinded by the madness of obstinacy, shall have wished to persevere in the error of the Donatists. As for the rest, however—those who, in consideration of unity and peace, shall have wished to correct themselves—let access to taking an inheritance lie open to them, without the prohibition of this law, even if something by way of donation or inheritance came to them while they were still established in the heretical error:
with these indeed excepted, who, when assailed by a lawsuit, shall have thought of crossing over to the Catholic Church, since concerning such men it is credible that they preferred Catholic unity not so much from fear of the heavenly judgment as from greed for earthly advantage. For all these things, moreover, there is need of the protection of the powers of their several provinces; and indeed, for the benefits of the Church, we decree a free legation for acting and commanding whatever they shall have understood to be profitable. This, besides, has pleased us all: that letters from our assembly be directed to the most glorious emperors and the most eminent powers, by which they may be instructed, with the consent of all, that legates have been directed by us to the most blessed court.
But because for the same letters to be subscribed by all is exceedingly slow—unless those same letters be burdened with the subscriptions of the individuals—we ask, brother Aurelius, that Your Charity may deign to subscribe to them in the name of us all. And they subscribed. 'I, Aurelius, bishop of the Church of Carthage, have consented to this decree, and have subscribed': in like manner the other bishops also subscribed. Letters are also to be sent to the judges, that until the Lord permits our legates to return to us, they may grant protection to the Catholic Church through the magistracies of the cities and the holders of estates.
There must also be added concerning Equitius, that his wickedness, by which he most wickedly claims for himself the right of priests, be repelled from the Hipponian diocese of the Diarytae according to the imperial statutes. Letters are also to be sent to the bishop of the Roman Church commending the legates, or to others wherever the emperor shall be, and they subscribed. Likewise, 'I, Aurelius, bishop of the Church of Carthage, have consented to this decree, and have subscribed to what was read before me.' In like manner the other bishops also subscribed. The appended summary declares what was decreed in this synod. In the second consulship of Stilicho and the consulship of Arthemius, most honourable men, on the tenth day before the Kalends of September, at Carthage, in the basilica of the second region.
I have not transcribed the acts of this council in full, since the things that were enacted were rather those necessary for the time than any general matters; but for the instruction of those zealous for that same council I have set down a brief summary. Summary of the Cases. XCIV. That a free legation be directed from all the provinces to the council, legates and letters were ordered to be sent to Mizonius for the purpose of directing a free legation: so that, since unity has been effected only at Carthage, letters should also be given to the judges, that they may command that effort be expended for unity in the other provinces and cities as well; and that thanksgivings on behalf of the whole of Africa for the exclusion of the Donatists be sent from the Carthaginian Church to the court, together with letters of the bishops.
The letters of Pope Innocent were read out, to the effect that bishops ought not lightly to journey overseas—which is confirmed by this very thing, namely by the sentences of the bishops: that on account of the thanksgiving and the exclusion of the Donatists two clerics of the Carthaginian Church be sent to the court. In this council certain of the previous statutes are corrected. In the consulship of the most glorious emperors Honorius for the seventh time and Theodosius for the second time, both Augusti, on the Ides of June, at Carthage, in the basilica of the second region. When Bishop Aurelius had sat together with his bishops, the deacons standing by, since it had been established in the council of Hippo that every year a plenary council of Africa should be convened:
not only here at Carthage, but also throughout the various provinces in turn—and this too was reserved, that we should appoint it sometimes in Numidia, sometimes in Byzacena—and this seemed laborious to all the brethren. That a universal council is to be held only by necessity. XCV. It pleased that there be no further annual obligation to wear out the brethren, but that, as often as the common cause—that is, the cause of the whole of Africa—shall require it, whenever, from whatever quarter, letters concerning this matter shall have been sent to this See, a synod is to be gathered in that province where opportunity shall have persuaded; but cases that are not common are to be judged in their own provinces. That from chosen judges it shall not be permitted to appeal. XCVI.
But if an appeal shall have been made, let him who has appealed choose judges, and let his opponent, against whom he has appealed, choose along with him: so that thereafter it shall be permitted to no one to appeal from these. Concerning the legations of the various provinces. When the legations of the various provinces were all brought forward, they were most gladly received—that is, of the Numidians, the Byzacenes, the Mauri of Sitifis, likewise of the Caesarienses, and also of the Tripolitanians. Concerning the executors of the Church. It pleased, moreover, that for all the desiderata which the Church has, five executors be requested, who may be assigned in the various provinces. That from the emperors there be requested the defence of advocates for the cases of the Church. XCVII.
It pleased also that the legates who are to set out, Vincentius and Fortunatianus, petition in the name of all the provinces from the most glorious emperors: that they grant the faculty of appointing as defenders scholars who are engaged in legal practice, or in the office of defending cases, so that, after the manner of the priests of the province, those same men who shall have undertaken the defence of the Churches may have the faculty, for the affairs of the Churches, as often as necessity shall demand—whether for resisting those who creep in surreptitiously, or for supplying necessities—of entering the chambers of the judges. That the legation be free. It pleased that the legates chosen and sent to the court have a free legation. Protestation of the Mauri pontiffs concerning Primosus.
It is moreover established that the Mauri Caesarienses protested that Primosus was approached by their letter, through the chief men of the city of Thigana, that according to the chief decrees he should make his presence before the plenary council; and that, when Primosus had been sought out as was fitting, he was not found, as the deacons reported; but because those same Mauri demanded that from the plenary council letters ought to be directed to the venerable brother, the aged Innocentius, it pleased that these be sent, that he may acknowledge that Primosus was sought in the council and was by no means found. Concerning the congregations which have never had bishops. XCVIII.