Whoso never heretofore had a bishop of theirown, unless the general synod of the Province shall agree to it, and the Primate, in agreement with him to whom the province in which theChurch is, is subject, shall not have bishops of their own.This canon is Canon iv. of the Synod ofCarthage, a.d. 407.
Canon XCIX.
(Greek ciii.) Of people or dioceses returned from the Donatists.
Such communities as have returned from the Donatists and have had bishops, without doubt may continue to have them even without any action of the councils, but such a community as had a bishop and when he dies wish no longer to have a bishop of their own, but to belong to the diocese of some other bishop, this is not to be denied them. Also such bishops as before the promulgation of the imperial law concerning unity as brought back their people to the Catholic Church, they ought to be allowed still to rule them: but from the time of that law of unity, all the Churches, and their dioceses, and if perchance there be any instruments of the Church or things pertaining to its rights should belong to the Catholic bishops of those places to whom the places pertained while under the heretics, whether they be converted to the Catholic Church or remain unconverted heretics. Whoever after this law shall make any such usurpation, shall restore as is meet the usurped possessions.
Notes.
Ancient Epitome of Canon XCIX.
Whoever are converted from the Donatists may retain their own bishops, although they had them without the consent of the synod; and when the bishop is dead, if they do not wish another to be substituted in his room, but desire to place themselves under some other bishop, they shall be allowed to do so. And such bishops as before the union have brought back the people they ruled, let them still rule them. After the imperial Edict on Unity every church must defend its own rights.
This canon is Canon v. of Carthage, a.d. 407.
Johnson.
"An imperial law concerning unity" i.e. For uniting all in the catholic faith, and ejecting the donatistical bishops.
Canon C.
(Greek civ.) Of the suggestion of Bishop Maurentius.
[Hefele says "The text of this canon is much corrupted and very difficult to be understood." He gives as a synopsis, "The council appoints judges in the affair of Bishop Maurentius." (Hefele, Vol. II, p. 443.)]Johnson thus condenses and translates.
Bishop Maurentius having an information against him, lying before the council, moves for a hearing; but the informers don't appear upon three calls made by the deacons on the day appointed. The cause is referred to Senex Xantippus, Augustinus, and five more summoned by the council, the informers were to make up the number twelve.
Notes.
Ancient Epitome of Canon C.
It is right that sentence be given on the subdeacons who are said to be present from Nova Germania, who have thrice been sought and not found. But out of regard to ecclesiastical gentleness, let some be sent to look into the matter.
Balsamon.
The contents of this canon are of a privatecharacter, and therefore have not been commented on.
This canon is Canon vj. of Carthage, a.d. 407.
Johnson.
"Senex" i.e. Primate Xantippus, as is commonly believed. He and others have this title frequently given them in the acts of these councils. See can. 8.
Canon CI.
(Greek civ. bis) Of making peace between the Churches of Rome and Alexandria.
IT seemed good that a letter be written to the holy Pope Innocent concerning the dissension between the Churches of Rome and Alexandria, so that each Church might keep peace with the other as the Lord commanded.