Carthage, Canons 31–49

Canon 31. If certain clergy promoted by their own bishops are haughty, let them not remain in the rank they are unwilling to leave. It also seemed good that any of the clergy or of the deacons who would not help the bishop in the needs of the churches, when he wished to raise them to a higher position in his diocese, should no longer be allowed to exercise the duties of the rank from which they were unwilling to be moved.

Canon 32. If any poor cleric, whatever his rank, acquires any property, it shall be subject to the power of the bishop. [a] It also seemed good that bishops, presbyters, deacons and any other clergy who had no possessions when they were ordained, and who, during their time as bishops or after they became clergy, buy land or any other property in their own names, shall be held guilty of the crime of encroaching on the Lord’s goods, unless they place it at the disposal of the church when they are warned to do so. But if anything comes to them personally by someone’s generosity, or by inheritance from some relative, let them do what they want with it. If, however, they demand it back again, contrary to what they had intended, they shall be judged unworthy of church office, as backsliders.

Canon 33. That presbyters should not sell the goods of the church in which they are appointed, and that no bishop may rightly use anything whose title belongs to the mother church. [b] It also seemed good that presbyters should not sell church property where they are settled without their bishop’s knowledge. And it is not lawful for bishops to sell the goods of the church without the council or their presbyters being aware of it. Nor should a bishop, without necessity, take over the property of the mother church, nor a presbyter the property of his own parish church. [c]

Canon 34. That nothing enacted at the synod of Hippo is to be corrected. Bishop Epigonius said: “In this summary which was adopted at the synod of Hippo, we think nothing should be amended, nor anything added to it, except that the day on which the holy feast of Easter falls should be announced in synod.” [d]

Canon 35. That bishops or clergy should not readily set their sons free. That bishops or clergy should not readily release their children from their authority, unless they are sure of their morals and their age, so that their own sins may rest on them. [e]

Canon 36. That bishops or clergy are not to be ordained unless they have made all their household Christians. No one shall be ordained bishop, presbyter or deacon before all the members of his household have become catholic Christians.

Canon 37. It is not lawful to offer anything in the holy mysteries except bread and wine mixed with water. In the sacraments of the body and blood of the Lord nothing else shall be offered than what the Lord himself appointed, that is, bread and wine mixed with water. But let the firstfruits, whether honey or milk, be offered on that one most solemn day, as is customary, in the mystery of the infants. For although they are offered on the altar, let them nevertheless have their own blessing, so that they may be distinguished from the sacraments of the Lord’s body and blood. And let nothing else be offered as firstfruits but grapes and grain. [g]

Canon 38. That clergy, or those who are vowed to self-control, are not to visit virgins or widows. [h] Neither clergy nor those who profess self-control should enter the houses of widows or virgins without the direction or consent of the bishops or presbyters. Even then they are not to go alone, but with some other of the clergy, or with those whom the bishop or presbyter assigns for this purpose. Not even bishops and presbyters shall go alone to women of this kind, unless some of the clergy or some other serious-minded Christian men are present.

Canon 39. That a bishop is not to be called the chief of the priests. [i] That the bishop of the first see shall not be called Prince of the Priests or High Priest, or any other name of this kind, but only Bishop of the First See. [j]

Canon 40. On the clergy not going to taverns, except when traveling. That the clergy are not to enter taverns to eat or drink, unless the necessity of their journey compels them.

Canon 41. That sacrifices are to be offered to God by men who are fasting. That the sacraments of the altar are not to be celebrated except by those who are fasting, except on the one day each year that commemorates the Lord’s Supper. For if a commemoration of some of the dead, whether bishops or others, is to be made in the afternoon, let it be made with prayers only, if those who officiate have already eaten. [k]

Canon 42. On never holding feasts in churches. That no bishops or clergy are to hold feasts in churches, unless perhaps, as they pass through, they are forced to it by the need for hospitality. The people, too, are as far as possible to be kept from such feasts.

Canon 43. On penitents. That the times of penance for penitents shall be assigned by the bishop’s judgment, according to the difference of their sins; and that a presbyter shall not reconcile a penitent without consulting the bishop, unless the bishop’s absence presses him to it out of necessity. But when a penitent’s offense has been public and widely known, so as to have scandalized the whole church, he shall receive the laying on of the hand before the altar. [l]

Canon 44. On virgins. That holy virgins, when they are separated from the parents who have guarded them, are to be entrusted, by the care of the bishop, or of the presbyter if the bishop is absent, to women of more serious age, so that, living with them, they may be looked after, and may not harm the church’s reputation by wandering about. [m]

Canon 45. On the sick who cannot answer for themselves. That the sick who cannot answer for themselves are to be baptized, if their servants, at their own risk, have spoken in testimony to the sick person’s wish. [n]

Greek canon 49. On players who are doing penance and are converted to the Lord. [o] That grace, or reconciliation, is not to be denied to players and actors and other persons of that kind, or to apostates, when they are converted and return to God. [p]

Canon 46. On the sufferings of the martyrs. The accounts of the martyrs’ sufferings may be read when their anniversaries are celebrated. [q]

Canon 47. On the Donatists, and on the children baptized by the Donatists. [r] Concerning the Donatists, it seemed good that we should take counsel with our brothers and fellow priests Siricius and Simplician about those infants alone who are baptized by Donatists, so that, when they are converted to the church of God by a saving decision, the error of their parents, which they did not commit of their own will, may not keep them from being promoted to the ministry of the holy altar. [s]

But when these matters had been taken up, Honoratus and Urbanus, bishops of Mauretania Sitifensis, said: “When we were sent to your holiness some time ago, we set aside what had been written on this matter so that we might wait for the arrival of our brothers the legates from Numidia. But since a good many days have passed while they have been looked for, and they have not yet arrived, it is not fitting for us to delay any longer the instructions we received from our brother bishops. So, brothers, receive our report with ready minds. We have heard concerning the faith of the Nicene treatise. It is true that sacrifices are to be forbidden after eating, so that they may be offered, as is right, by those who are fasting, and this has been confirmed both then and now.” [v]

Canon 48. On rebaptisms, reordinations and the transfer of bishops.

“We also propose that we decree what was set out by the wisdom of the plenary synod at Capua: that there should be no rebaptisms and no reordinations, and that bishops should not be transferred. For Cresconius, bishop of Villa Regis, left his own people and invaded the church of Tubinia. He has been warned down to this very day to leave the diocese he invaded, as the decree requires, and he has treated the warning with disdain. We have heard that the sentence pronounced against him has been confirmed. But we ask, according to our decree, that you be pleased to grant that, driven to it by necessity, we may be free to appeal to the governor of the province against him, according to the statutes of the most glorious emperors, so that whoever will not accept the mild warning of your holiness and correct his lawlessness may be thrown out at once by judicial authority.” Aurelius the bishop said: “Observing the established form, if he has been asked by you, dear brothers, to depart and has refused, let him not be judged to be a member of the synod. For by his own contempt and stubbornness he has fallen into the power of the secular magistrate.” Honoratus and Urbanus the bishops said: “This pleases us all, does it not?” And all the bishops answered: “It is just; it pleases us.” [w]

Canon 49. How many bishops there should be to ordain a bishop. Honoratus and Urbanus the bishops said: “We have issued this command: because two of our brothers, bishops of Numidia, lately presumed to ordain a bishop, the ordination of bishops should be celebrated only with twelve bishops taking part.” Aurelius the bishop said: “The ancient form shall be kept, that no fewer than three, designated for ordaining the bishop, are enough. Besides, in Tripoli and in Arzug the barbarians are so near. For it is stated that there are only five bishops in Tripoli, and of that number two may be kept busy by some necessity, and it is hard for all of that number to come together in any one place. Ought this circumstance to stand in the way of doing what is useful to the church? “For in this church, to which your holiness has been pleased to gather, we often have ordinations, nearly every Lord’s day. Could I often summon twelve, or ten, or about that number of bishops? But it is an easy thing for me to join a couple of neighbors to my humble self. So your love will agree with me that this cannot be kept.” [z]