That clerics be not compelled to give testimony in public concerning the cognizance of their own judgment.
IT should be petitioned also that they deign to decree, that if perchance any shall have been willing to plead their cause in any church according to the Apostolic law imposed upon the Churches, and it happens that the decision of the clergy does not satisfy one of the parties, it be not lawful to summon that clergyman who had been cognitor or present, into judgment as a witness, and that no person attached to any ecclesiastic be compelled to give testimony.
Notes.
Ancient Epitome of Canon LIX.
A cleric who has decided a case shall not, if it be displeasing, be summoned to a tribunal to give evidence concerning it; and no ecclesiastical person shall be forced to give testimony.
This is Canon iij. of the Synod of Carthage, June 15 (or 16). a.d. 401.
Johnson.
"According to the Apostolic law," viz., that of St. Paul, 1 Cor. vi. 1, 2, etc. I follow the Greek scholia in rendering this canon. In Latin cognitor is he that is solicitor, or advocate, rather than the judge who takes cognizance.
Canon LX.
(Greek lxiii.) Of heathen feasts.
This also must be sought, that (since contrary to the divine precepts feasts are held in many places, which have been induced by the heathen error, so that now Christians are forced to celebrate these by heathens, from which state of things it happens that in the times of the Christian Emperors a new persecution seems to have secretly arisen:) they order such things to be forbidden and prohibit them from cities and possessions under pain of punishment; especially should this be done since they do not fear to commit such iniquities in some cities even upon the natal days of most blessed martyrs, and in the very sacred places themselves. For upon these days, shame to say, they perform the most wicked leapings throughout the fields and open places, so that matronal honour and the modesty of innumerable women who have come out of devotion for the most holy day are assaulted by lascivious injuries, so that all approach to holy religion itself is almost fled from.
Notes.
Ancient Epitome of Canon LX.
The Greek feasts must cease to be kept, because of their impropriety, and because they seduce many Christians, moreover they are celebrated on the commemorations of the martyrs.
This is Canon iv. of the Synod of Carthage, Aug. 15 (or 16), a.d. 401.
Johnson.
Bishop Beveridge and Tilius's edition of these canons, in Greek and Latin, number the two preceding canons as I have done in the margin, with the same figures [viz: 63]. I follow them in this error because by this means the reader may more readily be referred from the Latin original and from this English translation to the Greek.
Canon LXI.
(Greek lxiv.) Of spectacles, that they be not celebrated on Lord's days nor on the festivals of the Saints.
Furthermore, it must be sought that theatrical spectacles and the exhibition of other plays be removed from the Lord's day and the other most sacred days of the Christian religion, especially because on the octave day of the holy, Easter [i.e., Low Sunday] the people assemble rather at the circus than at church, and they should be transferred to some other day when they happen to fall upon a day of devotion, nor shall any Christian be compelled to witness these spectacles, especially because in the performance of things contrary to the precepts of God there should be no persecution made by anyone, but (as is right) a man should exercise the free will given him by God. Especially also should be considered the peril of the cooperators who, contrary to the precepts of God, are forced by great fear to attend the shews.
Notes.
Ancient Epitome of Canon LXI.
There shall be no theatrical representations upon Lord's days or feast days.
This is Canon V. of the Synod of Carthage, June 15th (16), a.d. 401.
Canon LXII.