Canon XXVI. (Greek xxix.)
That no one should take from the possessions of the Church. [428]
Likewise it seemed good that no one should sell anything belonging to the Church: that if there was no revenue, and other great necessity urged thereto, this might be brought before the Metropolitan of the province that he might deliberate with the appointed number of bishops whether this should be done: that if such urgent necessity lay upon any church that it could not take counsel beforehand, at least let it call together the neighbouring bishops as witnesses, taking care to refer all the necessities of his church to the council: and that if he shall not do this, he shall be held as responsible toward God, and as a seller in the eye of the council, and he shall have lost thereby his honour.
Notes.
Ancient Epitome of Canon XXVI.
Church goods must not be sold. If they bring in no revenue they may be sold at the will of the bishops. If the necessity does not allow that consultation should take place, he who sells shall call together the neighbouring bishops. If he does not do so he shall be held responsible to God and to the Synod.
This is Canon v. of the Synod of Carthage, Sept. 13th, 401.
Johnson.
"Appointed number," i.e., Twelve, see Canon 12.
[428] Not found in the Greek of Beveridge, but in that given by Labbe.
Canon XXVII. (Greek xxx.)
Presbyters and deacons convicted of the graver crimes shall not receive laying on of hands, like laymen. [429]
It also was confirmed that if presbyters or deacons were convicted of any of the greater crimes on account of which it was necessary that they should be removed from the ministry, that hands should not be laid upon them as upon penitents, or as upon faithful layman, nor should it be permitted that they be baptized over again and then advanced to the clerical grade.
Notes.
Ancient Epitome of Canon XXVII.
A presbyter convicted and repenting, is not to be rebaptized as one to be advanced, neither as a layman is he to be reordained.
This is Canon xij. of the before-mentioned Council of Carthage, Sept. 13th, 401.
Johnson.
This canon seems to have been designed to preclude deposed clergymen from all possibility of being restored, directly or indirectly.
[429] This found only in Latin.
Canon XXVIII. (Greek xxxi.)
Presbyters, deacons, or clerics, who shall think good to carry appeals in their causes across the water shall not at all be admitted to communion. [430]
It also seemed good that presbyters, deacons, and others of the inferior clergy in the causes which they had, if they were dissatisfied with the judgments of their bishops, let the neighbouring bishops with the consent of their own bishop hear them, and let the bishops who have been called in judge between them: but if they think they have cause of appeal from these, they shall not betake themselves to judgments from beyond seas, but to the primates of their own provinces, or else to an universal council, as has also been decreed concerning bishops. But whoso shall think good to carry an appeal across the water shall be received to communion by no one within the boundaries of Africa.
Notes.
Ancient Epitome of Canon XXVIII.
Clerics who have been condemned, if they take exception to the judgment, shall not appeal beyond seas, but to the neighbouring bishops, and to their own; if they do otherwise let them be excommunicated in Africa.
This canon is the same as Canon xvij. of the Synod of Carthage of 418, but it has some words with regard to appeals which that canon does not contain, viz.: "Aut ad universale conciliam, sicut et de episcopis sæpe constitutum est." This clause, affirming that bishops have often been forbidden to appeal across the water from the decisions of the African bishops, has caused great perplexity as no such decrees are extant. The Ballerini, to avoid this difficulty, and possibly for other reasons, suggest an entirely different meaning to the passage, and suppose that it means that "bishops have often been allowed to appeal to the Universal Council and now this privilege is extended to priests." [431] But this would seem to be a rather unnatural interpretation and Van Espen in his Commentary shews good reason for adopting the more evident view.
Johnson.
See Can. Afr., 19.
Clearly the See of Rome is here aimed at, as if Carthage were the place designed by Providence to put a stop to the growth of power in Christian Rome, as well as heathen. It is strange, that this canon should be received by the Church of Rome in former ages.
[430] This is not found in the Greek of Beveridge.
[431] Ballerini, edit. S. Leon M., Tom. II., p. 966.