IT also seemed good that one bishop from Tripoli, on account of the poverty of the province, should come as a legation, and that there a presbyter might be heard by five bishops, and a deacon by three, as has been noted above, his own bishop presiding.
Notes.
Ancient Epitome of Canon XIV.
On account of the scarcity of bishops in Tripoli, one bishop shall suffice for a legation.
This canon is made up of two parts. The first part is Canon v. of the synod of Hippo, a.d. 393, and was repeated at the Carthaginian synod of 397. The second half is from Canon viij. of the same council.Johnson (See Canon 12).
"Legate," i.e., to a Synod, there being few bishops in that province.
Canon XV.
Of the divers orders who serve the Church, that if any one fall into a criminal business and refused to be tried by the ecclesiastical court, he ought to be in danger therefor; and that the sons of bishops (sacerdotum) are not to attend worldly shows.
Moreover it seemed good that if any bishop, presbyter, or deacon, who had a criminal charge brought against him or who had a civil cause, refused to be tried by the ecclesiastical tribunal, but wished to be judged by the secular courts, even if he won his suit, nevertheless he should lose his office.
This is the law in a criminal suit; but in a civil suit he shall lose that for the recovery of which he instituted the proceedings, if he wishes to retain his office.
This also seemed good, that if from some ecclesiastical judges an appeal was taken to other ecclesiastical judges who had a superior jurisdiction, this should in no way injure the reputation of those from whom the appeal was taken, unless it could be shown that they had given sentence moved by hatred or some other mental bias, or that they had been in some way corrupted. But if by the consent of both parties judges had been chosen, even if they were fewer in number than is specified, no appeal can be taken.
And [it seemed good] that the sons of bishops should not take part in nor witness secular spectacles. For this has always been forbidden to all Christians, so let them abstain from them, that they may not go where cursing and blasphemy are to be found.
Notes.
Ancient Epitome of Canon XV.
A bishop or cleric who has a criminal suit brought against him, if he leaves the Church and betakes himself to secular judges even if he had been unjustly used, shall lose his rank. And if he was successful in his political affairs, if he follows this, he shall lose his own grade. No appeal can be taken from the ecclesiastical judges, except they be proved to have given their decision beforehand moved thereto by a bribe or by hatred. No appeal can be taken from the decision of judges chosen by each side.
This canon is made up of Canons ix., x., and xj. of the Council of Hippo, a.d. 393.
Johnson.
In this canon the African bishops made bold with the Civil Courts. To lay such restraints on bishops and clergymen is, I am sure, very proper, to say no more.
Canon XVI.
That no bishop, presbyter or deacon should be a "conductor;" and that Readers should take wives; and that the clergy should abstain from usury; and at what age they or virgins should be consecrated.
Likewise it seemed good that bishops, presbyters, and deacons should not be "conductors" or "procurators;" nor seek their food by any base and vile business, for they should remember how it is written, "No man fighting for God cumbereth himself with worldly affairs."
Also it seemed good that Readers when they come to years of puberty, should be compelled either to take wives or else to profess continence.
Likewise it seemed good that if a clergyman had lent money he should get it back again, but if kind (speciem) he should receive back the same kind as he gave.
And that younger than twenty-five years deacons should not be ordained, nor virgins consecrated.
And that readers should not salute the people.