Carthage, Canons 65–77

Canon 65. Concerning the condemned bishop Equitius.

Aurelius the bishop said: “I do not think the case of Equitius, who was condemned some time ago by a sentence of bishops for his crimes, should be passed over in the instructions to our legate. If by chance our legate meets him in those parts, our brother should take care for the good of the church and act against him, as opportunity offers or wherever he can.” And all the bishops said: “This action against him pleases us greatly, especially since Equitius was condemned some time ago. His shameless unrest ought to be driven back everywhere, more and more, for the good order and health of the church.” And they signed: “I, Aurelius, bishop of the church of Carthage, have consented to this decree, and after reading it I have signed my name.” All the other bishops signed in the same way.

Canon 66. That the Donatists are to be treated gently.

Then, when everything had been considered and dealt with that seems to serve the good of the church, with the Spirit of God prompting and urging us, we resolved to act gently and peaceably toward the men mentioned before, although they were cut off from the unity of the Lord’s body by an unruly dissent. We did this so that, as far as it lies with us, all who have been caught in the net of their communion and fellowship might know, throughout all the provinces of Africa, how they have been overcome by wretched error, holding different opinions. “Perhaps,” as the apostle says, when we have corrected them with gentleness, “God may grant them repentance to acknowledge the truth, and they may be snatched out of the snares of the devil, by whom they are held captive at his will.” [a]

Canon 67. On the letters to be sent to the judges, so that they may record what has taken place between the Donatists and the Maximianists.

So it seemed good that letters should be given from our council to the judges of Africa. It seemed fitting to ask them to help the common mother, the catholic church, in this matter, so that the authority of the bishops may be strengthened in the cities. That is, by their judicial power, and with the diligence that comes from their Christian faith, they should inquire into and record in the public records, so that all may know it for certain, what has taken place in all the places where the Maximianists, who made a schism from the Donatists, have obtained basilicas. [c]

Canon 68. That Donatist clergy are to be received into the catholic church as clergymen.

It also seemed good that letters be sent to our brothers and fellow bishops, and especially to the Apostolic See, over which our venerable brother and colleague Anastasius, already mentioned, presides, so that he may know that Africa is in great need, for the peace and well-being of the church. The need is this: that those Donatists who were clergymen, and who on good advice have wished to return to catholic unity, should be dealt with according to the will and judgment of each catholic bishop who governs the church in that place. And if it seems good for Christian peace, let them be received with their honors, as was clearly done in earlier times during this same division. The example of most, indeed of nearly all, the African churches in which this error sprang up bears witness that this was so. This is not to do away with the council that met on this matter abroad, but so that it may remain in force for those who come over to the catholic church in such a way that no breaking of unity is brought about by them. But as for those through whom catholic unity is seen to have been fully achieved, or helped forward, by their plainly winning the souls of their brothers in the places where they live, the decree against their honor adopted by the council abroad shall not be held against them, for salvation is shut off to no one. That decree is that those ordained by the Donatist party, if they have been corrected and are willing to return to the catholic church, are not to be received in their ranks, according to the council abroad. But those through whom they received the counsel to return to catholic unity are to be made an exception. [e]

Canon 69. That a delegation be sent to the Donatists for the sake of making peace.

It further seemed good that, when these things had been done, legates should be sent from among us to those of the Donatists whom they regard as bishops, or to the people, to preach peace and unity, without which Christian salvation cannot be reached. These legates should call everyone’s attention to the fact that the Donatists have no just complaint to bring against the catholic church. Above all, let this be made plain to all through the town records, because of the weight such documents carry: what the Donatists themselves did in the case of the Maximianists, their own schismatics. For in this case it is shown to them by divine grace, if only they will heed it, that their separation from the unity of the church is as wicked as they now proclaim the schism of the Maximianists from themselves to be. Yet some of that number, whom they had condemned by the authority of their full council, they received back with their honors, and they accepted the baptism these men had given while condemned and cut off. So let them see how foolishly they resist the peace of the church spread throughout the whole world. They do these things on Donatus’s side, and they do not say they are defiled by communion with those whom they receive in this way for the sake of making peace. And yet they despise us, that is, the catholic church, which is established even in the farthest parts of the earth, as defiled by communion with people whom the accusers have not been able to win over to themselves. [h]

Canon 70. Which clerics should abstain from their wives.

Moreover, since some clergymen have been charged with failing to restrain themselves with their own wives, it has seemed good that bishops, presbyters and deacons, according to the statutes already made, should abstain even from their own wives; and unless they do so, they should be removed from the clerical office. But the rest of the clergy shall not be forced to this; the custom of each church in this matter shall be followed.

Canon 71. On those who neglect their own people.

Moreover, it seemed good that no one should be allowed to leave his chief cathedral and go to another church built in the diocese, or to neglect the care of his own cathedral and his regular attendance there because of too much care for his own affairs. [j]

Canon 72. On the baptism of infants when there is some doubt whether they have already been baptized.

Also, it seemed good that whenever no reliable witnesses can be found to testify that the children were without any doubt baptized, and the children themselves, because of their tender age, are not able to answer about the sacraments having been given to them, all such children should be baptized without hesitation, so that hesitation does not deprive them of the cleansing of the sacraments. This was urged by our brothers the legates from Mauretania, because they ransom many such children from the barbarians. [k]

Canon 73. That the date of Easter and the date of the council should be announced.

Also, it seemed good that the day of the venerable Easter should be made known to everyone by signed official letters, and that the same should be done for the date of the council, according to the decree of the Council of Hippo, that is, the tenth day before the Calends of September. And it should be written to the primates of each province, so that when they call their own councils they do not get in the way of this day. [l]

Canon 74. That no bishop who is an intercessor is to keep the see where he is intercessor. [o]

Also, it has been decreed that no intercessor may lawfully keep the see to which he was appointed as intercessor, by means of any popular movements and uprisings. Rather, let him take care to provide them with a bishop within a year. But if he neglects to do so, when the year is over another intercessor shall be appointed.

Canon 75. On asking the emperors for defenders of the churches.

Because of the afflictions of the poor, whose troubles wear out the church without any pause, it seemed good to all that the emperors be asked to allow defenders to be chosen for them, under the supervision of the bishops, against the power of the rich. [p]

Canon 76. On bishops who do not appear at the council.

Also, it seemed good that whenever the council is to be assembled, the bishops who are not prevented by age, sickness or some other serious necessity should come together, and that notice be given to the primates of their several provinces. From all the bishops two or three groups should be formed, and from each of these groups some should be chosen who will be promptly ready on the day of the council. But if they are not able to attend, let them write their excuses on the tractory. Or if, after the tractory has arrived, some necessity suddenly arises by chance, then unless they send their own primate an account of what prevented them, they ought to be content with the communion of their own church. [q]

Canon 77. On Cresconius.

Concerning Cresconius of Villa Regis, it seemed good to all that the primate of Numidia should be informed of this matter, so that by his letters he might summon the Cresconius already mentioned, and so that Cresconius would not put off appearing at the next full council of Africa. But if he scorns the summons and does not come, let him understand that sentence must be pronounced against him.