Canon XLIII. (Greek xlvi.)
Concerning penitents.
That to penitents the times of their penance shall be assigned by the will of the bishop according to the difference of their sins; and that a presbyter shall not reconcile a penitent without consulting the bishop, unless the absence of the bishop urges him necessarily thereto. But when of any penitent the offence has been public and commonly known, so as to have scandalized the whole Church, he shall receive imposition of the hand before the altar (Lat. "before the apse").
Notes.
Ancient Epitome of Canon XLIII.
The bishops shall fix the time of penance for those doing penance according to their sins. A presbyter without his knowledge shall not reconcile one doing penance, even when necessity impels him thereto.
This canon is canon xxx. of the Synod of Hippo, a.d. 393.
Johnson.
Here [i.e., in translating absidem church-porch] I follow Zonoras; see Can. Nic., 11. Du Pin renders absidem, a high place near the bishop's throne.
[443] This last clause seems manifestly to be corrupt and should read "unless when, etc."
Canon XLIV. (Greek xlvii.)
Concerning Virgins.
That holy virgins when they are separated from their parents by whom they have been wont to be guarded, are to be commended by the care of the bishop, or presbyter where the bishop is absent, to women of graver age, so that [444] living with them they may take care of them, lest they hurt the reputation of the Church by wandering about.
Notes.
Ancient Epitome of Canon XLIV.
She who leaves her father for the sake of virginity is to be commended to grave women.
This canon is Canon xxxj. of the Synod of Hippo, a.d. 393.
[444] The Latin is aut.
Canon XLV. (Greek xlviii.)
Concerning those who are sick and cannot answer for themselves.
That the sick are to be baptized who cannot answer for themselves if their [servants] shall have spoken at their own proper peril a testimony of the good will [of the sick man].
(Greek Canon xlix.)
Concerning players who are doing penance and are converted to the Lord.
That to players and actors and other persons of that kind, as also to apostates when they are converted [446] and return to God, grace or reconciliation is not to be denied.
Notes.
Ancient Epitome of Canon XLV.
That he who cannot answer for himself on account of illness is to be baptized when he shall have given evidence of his desire.
A repentant actor is to be received to penance.
This canon is made up of Canons xxxij. and xxxiij. of the Synod of Hippo, a.d. 393.
Johnson.
"Apostates," i.e., those who elsewhere are called Lapsi; those who had done sacrifice through the violence of torment in time of persecution, professing in the meantime that their consciences did not consent to what their hands did.
[445] Found only in the Greek.
[446] In the Greek "doing penance."
Canon XLVI. (Greek l.)
Concerning the passions of the martyrs.
The passions of the Martyrs may be read when their anniversary days are celebrated.
Note.
Ancient Epitome of Canon XLVI.
The passions of the martyrs are to be read on their commemorations.
This canon is the last part of Canon xxxvj. of the Synod of Hippo, a.d. 393.
Canon XLVII. (Greek li.)
Concerning [the Donatists and [447] ] the children baptized by the Donatists.
Concerning the Donatists [448] it seemed good that we should hold counsel with our brethren and fellow priests Siricius and Simplician concerning those infants alone who are baptized by Donatists: [449] lest what they did not do of their own will, when they should be converted to the Church of God with a salutary determination, the error of their parents might prevent their promotion to the ministry of the holy altar.
But when these things had been begun, Honoratus and Urbanus, bishops of Mauritania Sitifensis, said: When some time ago we were sent to your holiness, we laid aside what things had been written on this account, that we might wait for the arrival of our brethren the legates from Numidia. But because not a few days have passed in which they have been looked for and as yet they are not arrived, it is not fitting that we should delay any longer the commands we received from our brother-bishops; and therefore, brethren, receive our story with alacrity of mind. We have heard concerning the faith of the Nicene tractate: True it is that sacrifices are to be forbidden after breakfast, so that they may be offered as is right by those who are fasting, and this has been confirmed then and now.
Notes.
Ancient Epitome of Canon XLVII.
When those in infancy baptized by Donatists are converted, this shall be no impediment to them. And the Holy Mysteries, as is right, are to be celebrated only by them fasting.
This canon is made from Canon xxxvij. of the Synod of Hippo, a.d. 393, and from Canon j. of the Synod of Carthage of August 28th, a.d. 397.
Johnson.
See Can. 41.
The pretence that the Donatists had for making a schism was, that Cæcilian, Bishop of Carthage, had, in the time of persecution, been a Traditor, i.e., given up the Bible to the heathen inquisitors; this was denied by the Orthodox, who charged them with the same crime in effect, viz. of being too favourable to the Traditors, and those that had lapsed. They likewise are charged with Arianism.
I have omitted what is here mentioned concerning the Council of Nice; because I do not find that any one has been able to penetrate into the meaning of the Fathers as to that particular.
[447] Found only in the Greek.
[448] Not in the Greek.
[449] Latin reads "among them" instead of "by Donatists."