Two Sancti Senes mentioned, who we aresure were both primates. See can. 100 (104). See can. 14.
And here we have an ancient precedent for synods delegating their authority to a committee, with the primate of all Africa at the head of it.Item, at this council there was present a legation from the Roman Church.
After the consulate of the most glorious emperors Honorius for the XII. time and Theodosius for the VIII., Augusti, on the III. Calends of June, at Carthage, in the Secretarium of the restored basilica, when Aurelius the bishop together with Faustinus of the church of Potentia in the Italian province of Picenum, a legate of the Roman Church, Vincent of Calvita (Culositanus), Fortunatian of Naples, Marianus Uzipparen- sis, Adeodatus of Simidica, Pentadius of Carpi, Rufinian of Muzuba, Praetextatus of Sicily, Quodvultdeus of Veri (Verensis), Candidus of Abbirita, Gallonian of Utica, legates of the proconsular province; Alypius of Tagaste, Augustine of Hippo Regia and Posidonius of Calama, legates of the province of Numidia; Maximian of Aquae, Jocundus of Sufetula, and Hilary of Horrea-Cascilia, legates of the province of Byzacena; Novatus of Sitifi and Leo of Mocta, legates of the province of Mauritania Sitiphensis; Ninellus of Rusucarrum, Laurence of Icosium and Numerian of Rusgunium, legates of the Province of Mauritania Caesariensis, the judges chosen by the plenary council, had taken their seats, the deacons standing by, and when, after certain things had been accomplished, many bishops complained that it was not possible for them to wait for the completion of the rest of the business to be treated of, and that they must hasten to their own churches; it seemed good to the whole council, that by all some should be chosen from each province who should remain to finish up what was left to be done. And it came about that those were present whose subscriptions testify that they were present.
Canon CXXVIII.
(Greek cxxix.) That those out of communion should not be allowed to bring accusation.
IT seemed good to all, as it had been decreed by the former councils, concerning what persons were to be admitted to bring accusations against clerics; and since it had not been expressed what persons should not be admitted, therefore we define, that he cannot properly be admitted to bring an accusation, who had been already excommunicated, and was still lying under that censure, whether he that wished to be the accuser were cleric or layman.
Notes.
Ancient Epitome OF Canon CXXVIII. One excommunicated is not to give witness.
The Council of Carthage of 419 had at its first session on May 25th done thus much.But when it met again on the 30th of the same month, it continued the code. The introduction in regard to this new session is this introduction. The Canons then enacted were original, viz. numbers 128, 129, 130, 131, 132 and 133.
Canon CXXIX.
(Greek cxxx.) That slaves and freedmen and all infamous persons ought not to bring accusation.
To all it seemed good that no slaves or freedmen, properly so called, be admitted to accusation nor any of those who by the public laws are debarred from bringing accusation in criminal proceedings. This also is the case with all those who have the stain of infamy, that is actors, and persons subject to turpitudes, also heretics, or heathen, or Jews; but even all those to whom the right of bringing accusation is denied, are not forbidden to bring accusation in their own suits.
Notes.
Ancient Epitome of Canon CXXIX.
A slave, and a freedman, and he who before was accused of any of these crimes on account ofwhich he is not admitted in court, and a player,and a heathen, and a heretic, and a Jew[There is no verb to finish the sentence.However, this is intended as a continuation of the epitome of the former canon, the words to be supplied being "are not to give witness."]
Johnson.
See Can., Const., 6.
Canon CXXX.
(Greek cxxxi.)
That he who has failed to prove one charge shall not be allowed to give evidence to another.
So, too, it seemed good that as often as many crimes were laid to clerics by their accusers, and one of the first examined could not be proved, they should not be allowed to go on giving evidence on the other counts.
Ancient Epitome of Canon CXXX.
He who makes many accusations and proves nothing [is not to give witness].
Canon CXXXI. (Greek CXXXII.)
Who should be allowed to give evidence.