Carthage, Canons 94–109

Canon 94. Summary of the chapters. [a]

That a free delegation be sent from all the provinces to the council at Mizoneum. Envoys and letters were ordered to be sent to direct the free delegation. Because unity had been made only at Carthage, letters should also be given to the judges, so that they might order the work of union to go forward in the other provinces and cities. And the thanks of the church of Carthage, on behalf of the whole of Africa, for the exclusion of the Donatists should be sent to the court with the bishops’ letters. [b]

The letters of Pope Innocent were read: that bishops ought not readily to carry cases across the sea. This very point was confirmed by the judgment of the bishops themselves. Also, that two clerics of the church of Carthage should be sent to the court on account of the thanksgiving and the exclusion of the Donatists. [c]

Canon 95. A general council to be held only when necessary. [d]

It seemed good that the brothers should no longer be wearied by the yearly obligation. Instead, as often as a common cause, that is, one concerning the whole of Africa, requires it, letters shall be sent from every side to that see on this matter, so that a synod may be gathered in whichever province is found most suitable. But let causes that are not of general concern be judged in their own provinces. [e]

Canon 96. That no appeal may be made from judges who have been chosen. [f] If an appeal is made, let the one who makes it choose the judges, and with him the one against whom the appeal is made. And from their decision no appeal may be made.

Concerning the delegates of the different provinces. When all the delegates of the different provinces came together, they were most graciously received: that is, those of the Numidians, the Byzacenes, the Moors of Sitifis, as well as those of Caesarea and of Tripoli. [g]

Concerning executors for the churches. It has also seemed good to ask for five executors to be appointed for all matters concerning the needs of the church, to be assigned among the different provinces. [h]

Canon 97. That the protection of advocates in church cases be sought from the emperor. [i]

It seemed good that the envoys who were about to leave, namely Vincent and Fortunatian, should ask the most glorious emperors, in the name of all the provinces, to grant permission to appoint defenders drawn from among the trained advocates, who would have the care of this very kind of business. In this way, like the priests of the province, those who have received the authority to act as defenders of the churches in church affairs may, as often as need arises, be able to enter the private chambers of the judges, either to resist what is urged by the other side or to give necessary explanations. [j]

Canon 98. Concerning peoples that never had bishops. [k] It seemed good that peoples who had never had bishops of their own should in no way receive one unless it had been decreed by a full council of each province and by the primates, and with the consent of the bishop of the diocese to which the church belonged.

Canon 99. Concerning peoples or dioceses returned from the Donatists. [l]

Communities that have returned from the Donatists and have had bishops may without doubt continue to have them, even without any action by the councils. But if a community had a bishop and, when he dies, no longer wants a bishop of its own but wishes to belong to the diocese of some other bishop, this is not to be denied it. Also, bishops who brought their people back to the catholic church before the imperial law concerning unity was published ought to be allowed to go on governing them. But from the time of that law of unity, all the churches and their dioceses, and any documents of the church or things belonging to its rights, should belong to the catholic bishops of those places, the bishops to whom the places belonged while they were under the heretics, whether those heretics are converted to the catholic church or remain unconverted. Whoever makes any such seizure after this law shall restore the seized property, as is right.

Canon 100. Concerning the request of Bishop Maurentius. [m] Hefele says, “The text of this canon is badly corrupted and very difficult to understand.” He gives this summary of it: “The council appoints judges in the affair of Bishop Maurentius.” [n] Johnson condenses and translates it as follows: [o]

Bishop Maurentius, against whom an accusation lies before the council, asks for a hearing. But his accusers do not appear, though the deacons call them three times on the appointed day. The case is referred to the senior bishop Xantippus, to Augustine, and to five others summoned by the council; the accusers were to make up the number to twelve. [p]

Canon 101. Concerning making peace between the churches of Rome and Alexandria. [q] It seemed good that a letter be written to the holy Pope Innocent about the quarrel between the churches of Rome and Alexandria, so that each church might keep peace with the other, as the Lord commanded. [r]

Canon 102. Concerning those who put away their wives or husbands: that they are to remain as they are. [s] It seemed good that, according to the discipline of the Gospel and of the apostles, a man who has been divorced from his wife, and a woman divorced from her husband, should not be married to another, but should remain as they are or else be reconciled to each other. But if they scorn this law, they shall be made to do penance. In this matter we must petition that an imperial law be issued. [t]

Canon 103. Concerning the prayers to be said at the altar. [u] This also seemed good: that the prayers approved in synod should be used by all, whether prefaces, commendations, or prayers with the laying on of the hand; and that other prayers contrary to the faith should not be used in any way, but only those should be said which had been collected by the learned. [v]

Canon 104. Concerning those who ask the emperor to have their cases heard by secular judges. [w] It seemed good that whoever asks the emperor to have his case heard by secular judges should be deprived of his office. But if he has asked the emperor for a trial before bishops, no objection should be made.

Canon 105. Concerning those who are not in communion in Africa and would go across the sea. [x] Whoever is not in communion in Africa and goes across the sea to be in communion there, let him be put out of the clergy.

Canon 106. That those who are going to take their case to the court should take care to inform either the bishop of Carthage or the bishop of Rome. [y]

It seemed good that whoever wished to go to the court should give notice in the form that is sent to the church of the city of Rome, so that from there too he might receive a formed letter to the court. But if he received only a formed letter to Rome, saying nothing about the need he had to go to the court, and then wanted to go there at once, let him be cut off from communion. But if, while he was at Rome, the need to go to the court suddenly arose, let him state his need to the bishop of Rome and carry with him a written reply from that same Roman bishop. Let the formed letters issued by primates and by certain bishops to their own clergy bear the date of Easter. But if the date of Easter for that year is still uncertain, let the date of the previous Easter be written, just as it is customary to date public acts “after the consulship.” [z]

It further seemed good that those who were sent as delegates from this glorious council should ask the most glorious princes for whatever they saw would be useful against the Donatists and the pagans and their superstitions. It also seemed good to all the bishops that all the council’s letters be signed by your holiness alone. And they signed: “I, Aurelius, bishop of Carthage, have consented to this decree, and having read it, now sign my name.” And the rest of the bishops signed in the same way.

Canon 107. A council concerning a bishop hearing cases. [n28] In the consulship of the most glorious emperors and Augusti, Honorius for the seventh time and Theodosius for the third time, on the seventeenth day before the Calends of July, a synod was held at Carthage in the basilica of the second district. In this council it seemed good that no single bishop should claim the right to hear and judge a case. I have not written down the acts of this council here, because it was only provincial and not general. [n29]

Canon 108. A synod against the heresy of Pelagius and Celestius. [n30] In the consulship of the most glorious emperors, Honorius for the twelfth time and Theodosius for the eighth time, most exalted Augusti, on the Calends of May, at Carthage, in the council room of the Basilica of Faustus. Aurelius the bishop presided over the whole council, with the deacons standing by, and it pleased all the bishops whose names and signatures are indicated, gathered in the holy synod of the church of Carthage, to define the following. [n31]

Canon 109. That Adam was not created by God subject to death. [n32] That whoever says that Adam, the first man, was created mortal, so that whether he had sinned or not he would have died in body, that is, he would have gone out of the body not because his sin deserved it but by the necessity of nature, let him be anathema.