Carthage, Canons 120–133

Canon 120. Concerning those who intrude on peoples they think belong to them, without the consent of those who hold them. [a]

Again, it seemed good that whatever bishops lay claim to peoples they consider to belong to their see, not by bringing their cases before the bishops who judge, but by rushing in while another holds the place, shall all lose their case, whether the people are willing to receive them or not. And whoever has done this, if the dispute between the two bishops is not yet finished but still going on, let the one who intruded without the decree of the church’s judges withdraw. Nor let anyone flatter himself that he will keep what he has seized if he obtains letters from the primate. Whether he has such letters or not, the one who holds and receives his letters ought to show that he has held the church belonging to him peaceably. But if he has referred any question, let the case be decided by the bishops who judge, whether those whom the primates have appointed for them or the neighboring bishops whom they have chosen by common consent.

Canon 121. Concerning those who neglect the peoples belonging to them. [b]

Again, it seemed good that whoever neglects to bring the places belonging to his see into catholic unity should be warned by the diligent neighboring bishops to delay no longer in doing it. But if within six months from the day of that meeting he does nothing, let those places belong to whoever can win them. This is on condition, however, that if the one to whom they seemed naturally to belong can prove that his neglect was intended, and that it was more effective in winning them than the greater outward diligence of others, then, when the bishops who judge are convinced that this is so, they shall restore the places to his see. If the bishops between whom the case lies are of different provinces, let the primate of the province in which the disputed place lies appoint judges. But if by mutual consent they have chosen neighboring bishops as judges, let one or three be chosen, so that if they choose three, they may follow the verdict of all three or of two.

Canon 122. That the verdict of chosen judges ought not to be rejected. [c] No appeal may be made from judges chosen by the common consent of the parties. And whoever is found to have made such an appeal and to refuse stubbornly to submit to the judges, when this has been proved to the primate, let the primate send letters saying that none of the bishops should hold communion with him until he yields.

Canon 123. That a bishop who neglects his diocese is to be deprived of communion. [d] If a bishop in the mother churches has been negligent in dealing with the heretics, let a meeting of the diligent neighboring bishops be held, and let his negligence be pointed out to him, so that he can have no excuse. But if, within six months after this meeting, when an execution has taken place in his own province, he has taken no care to bring them into catholic unity, no one shall hold communion with him until he does his duty. But if no executor has come to the places, the fault shall not be laid on the bishop. [e]

Canon 124. Concerning bishops who lie about the communions of Donatists. [f] If it is proved that any bishop has lied about the communion of those who had been Donatists, and has said that they received communion when he knew it was established that they had not done so, let him lose his bishopric.

Canon 125. That presbyters and clerics are not to appeal except to African synods. [g] Again, it seemed good that if presbyters, deacons, or other lower clergy who are to be tried question the decision of their bishops, the neighboring bishops, invited by them with their bishops’ consent, shall hear them and settle whatever is between them. But if they think an appeal should be made from those bishops, let them not appeal except to African councils or to the primates of their provinces. But whoever thinks of carrying an appeal across the sea shall be admitted to communion by no one in Africa.

Canon 126. That virgins, even under age, should be given the veil. [h] Again, it seemed good that if a bishop gives the veil to a virgin under twenty-five years of age, or has already given it, at the request of her parents or of those in whose care she has been placed, because of the danger to her virgin purity, when either a powerful suitor or some abductor is feared, or because she is troubled by the fear that she might die unveiled, the council that set that number of years shall not stand against him.

Canon 127. That bishops may not be kept too long at the council: let them choose three judges from among themselves for each province. [i]

Again, it seemed good, so that all the bishops gathered at a council might not be kept too long, that the whole synod should choose three judges from each of the provinces. And they elected for the province of Carthage, Vincent, Fortunatian, and Clarus; for the province of Numidia, Alypius, Augustine, and Restitutus; for the province of Byzacena, together with the holy senior bishop Donatian, the primate, Cresconius, Jocundus, and Aemilian; for Mauretania Sitifensis, Severian, Asiaticus, and Donatus; for the province of Tripoli, Plautius, who alone had been sent as envoy, according to custom. All these were to hear and judge all matters together with the holy senior bishop Aurelius. And the whole council asked Aurelius to sign everything done by the council, whether acts or letters. And they signed: “I, Aurelius, bishop of the church of Carthage, consent to this decree and, having read it, sign my name.” And all the others signed in the same way. [j]

Canon 128. That those who are out of communion should not be allowed to bring accusations. [k] It seemed good to all, since earlier councils had decreed which persons were to be allowed to bring accusations against clerics, but it had not been stated which persons should not be allowed, that we should now define it: no one can properly be allowed to bring an accusation who has already been excommunicated and is still under that sentence, whether the one who wishes to accuse is a cleric or a layman.

Canon 129. That slaves, freedmen, and all persons of disgraced standing ought not to bring accusations. [l] It seemed good to all that no slaves, nor freedmen in the proper sense of the word, should be allowed to bring accusations, nor any of those whom the public laws bar from bringing accusations in criminal cases. The same holds for all who bear the stain of public disgrace, that is, actors and persons marked by shameful conduct, and also heretics, pagans, or Jews. But even all those who are denied the right to accuse are not forbidden to bring accusations in their own cases.

Canon 130. That someone who has failed to prove one charge shall not be allowed to give evidence on another. [m] So too it seemed good that whenever accusers lay many crimes against clerics, and the first one examined cannot be proved, they should not be allowed to go on giving evidence on the other charges. [n]

Canon 131. Who should be allowed to give evidence. [o] Those who are forbidden to be admitted as accusers are not to be allowed to appear as witnesses, nor anyone the accuser brings from his own household. And no one under fourteen years of age shall be admitted to give evidence.

Canon 132. Concerning a bishop who removes from communion a man who, he says, confessed his crime to the bishop alone. [p] It also seemed good that if at any time a bishop says that someone confessed a personal crime to him alone, and the man now denies it, the bishop should not think he is being slighted if he is not believed on his word alone, even though he says that out of a scruple of his own conscience he is not willing to hold communion with the man who denies it.

Canon 133. That a bishop should not rashly deprive anyone of communion. [q] As long as his own bishop will not hold communion with someone he has excommunicated, the other bishops should have no communion with that bishop, so that a bishop may be more careful not to charge anyone with what he cannot prove to others by documentary evidence.

Here the Greek collection begins Canon 135. Bishop Aurelius said: “According to the statutes of this whole assembled council, and in the judgment of my lowliness, it seems good to bring to an end all the matters of the whole title set out above, and let the church’s records take in what has been discussed and decided at today’s session.” [r] “And whatever has not yet been expressed, we shall write on the next day, through our brothers Bishop Faustinus and the presbyters Philip and Asellus, to our venerable brother and fellow bishop Boniface.” And they gave their assent in writing. [s]