Notes.
Ancient Epitome of Canon LXXV.
That the bishop be not annoyed, let Defensors be appointed.
This is Canon X. of Carthage, September, 401.
Johnson.
See note on Can. Chalcedon, 23.
Canon LXXVI.
(Greek lxxix.) Of bishops who do not put in an appearance at Council.
Item, it seemed good that as often as the council is to be assembled, the bishops who are impeded neither by age, sickness, or other grave necessity, come together, and that notice be given to the primates of their several provinces, that from all the bishops there be made two or three squads, and of each of these squads there be elected some who shall be promptly ready on the council day: but should they not be able to attend, let them write their excuses in the tractory, or if after the coming of the tractory certain necessities suddenly arise by chance, unless they send to their own primate an account of their impediment, they ought to be content with the communion of their own Church.
Notes.
Those who do not attend the annual synod, unless they be involuntarily prevented, must be satisfied with the communion of their own churches.
This is Canon xj., of Carthage, September, 401.
Johnson.
"Tractory" has several significations; here it seems to denote the written return made by the Primate of the province to the synodical letter sent by the Bishop of Carthage. In the acts inserted between canon 90th and 91st "Tractoria" seems to denote the letter of the Primate to the inferior bishops for choosing legates, if it do not rather denote the Bishop of Carthage's circular-letter to all the primates, as it does in the next paragraph.
[The penalty in the last clause is] a very singular sort of censure, and very moderate. See Can. 80 (83).
Canon LXXVII.
(Greek lxxx.) Of Cresconius.
Concerning Cresconius of Villa Regis this seemed good to all, that the Primate of Numidia should be informed on this matter so that he should by his letters summon the aforementioned Cresconius in order that at the next plenary Council of Africa he should not put off making an appearance. But if he contemns the summons and does not come, let him recognize the fact that sentence should be pronounced against him.
Notes.
Ancient Epitome of Canon LXXVII.
Unless Cresconius who has been summoned by letter to the Synod, shall appear, let him know that he will have sentence given against him.
This canon was probably formerly an appendix (so Hefele thinks) to Canon xj., of the Synod of Carthage of September 13, 401.
Canon LXXVIII.
(Greek lxxxi.) Of the Church of Hippo-Diarrhytus.
IT further seemed good that since the destitution of the Church of Hippo-Diarrhytus should no longer be neglected, and the churches there are retained by those who have declined the infamous communion of Equitius, that certain bishops be sent from the present council, viz.: Reginus, Alypius, Augustine, Maternus, Theasius, Evodius, Placian, Urban, Valerius, Ambivius, Fortunatus, Quodvultdeus, Honoratus, Januarius, Aptus, Honoratus, Ampelius, Victorian, Evangelus and Rogation; and when those had been gathered together, and those had been corrected who with culpable pertinacity were of opinion that this flight of the same Equitius should be waited for, let a bishop be ordained for them by the vote of all. But if these should not be willing to consider peace, let them not prevent the choosing for ordination of a bishop, for the advantage of the church which has been so long destitute.