Canon LXXVII. (Greek lxxx.)
Of Cresconius.
Concerning Cresconius of Villa Regis this seemed good to all, that the Primate of Numidia should be informed on this matter so that he should by his letters summon the aforementioned Cresconius in order that at the next plenary Council of Africa he should not put off making an appearance. But if he contemns the summons and does not come, let him recognize the fact that sentence should be pronounced against him.
Notes.
Ancient Epitome of Canon LXXVII.
Unless Cresconius who has been summoned by letter to the Synod, shall appear, let him know that he will have sentence given against him.
This canon was probably formerly an appendix (so Hefele thinks) to Canon xj., of the Synod of Carthage of September 13, 401.
Canon LXXVIII. (Greek lxxxi.)
Of the Church of Hippo-Diarrhytus.
It further seemed good that since the destitution of the Church of Hippo-Diarrhytus should no longer be neglected, and the churches there are retained by those who have declined the infamous communion of Equitius, that certain bishops be sent from the present council, viz.: Reginus, Alypius, Augustine, Maternus, Theasius, Evodius, Placian, Urban, Valerius, Ambivius, Fortunatus, Quodvultdeus, Honoratus, Januarius, Aptus, Honoratus, Ampelius, Victorian, Evangelus and Rogation; and when those had been gathered together, and those had been corrected who with culpable pertinacity were of opinion that this flight of the same Equitius should be waited for, let a bishop be ordained for them by the vote of all. But if these should not be willing to consider peace, let them not prevent the choosing for ordination of a bishop, for the advantage of the church which has been so long destitute.
Notes.
Ancient Epitome of Canon LXXVIII.
It seemed good that, after Equitius had been condemned by the universal vote, a bishop of Hippo should be elected, and that they should in no way impede the ordination of a prelate for that church.
This canon was likewise probably an appendix, to Canon xiij, of the Synod of Carthage of September 13th, 401, according to Hefele.
Johnson.
See Can. Afr., 65.
Here the place of election and consecration seems to be the vacant see.
Canon LXXIX. (Greek lxxxii.)
Of clerics who do not take care to have their causes argued within a year.
It was further decreed that as often as clergymen convicted and confessed [466] of any crime either on account of eorum, quorum verecundiæ parcitur, or on account of the opprobrium to the Church, and of the insolent glorying of heretics and Gentiles, if perchance they are willing to be present at their cause and to assert their innocence, let them do so within one year of their excommunication; if in truth they neglect during a year to purge their cause, their voice shall not be heard afterwards.
Notes.
Ancient Epitome of Canon LXXIX.
When a cleric has been convicted of a crime, if he says his cause should be heard upon appeal, let the appeal be made within a year; after that the appeal shall not be admitted.
This is Canon xiij. of Carthage, September, a.d. 401.
Johnson.
Though the Latin syntax of this canon is very confused, and, I am apt to think, corrupted, yet it is evident enough, that this is the intention of it.
[466] Bruns says, Locus corruptus.
Canon LXXX. (Greek lxxxiii.)
That it is not permitted to make superiors of monasteries nor to ordain as clerics those who are received from a monastery not one's own.
Item, it seemed good that if any bishop wished to advance to the clericature a monk received from a monastery not under his jurisdiction, or shall have appointed him superior of a monastery of his own, the bishop who shall have thus acted shall be separated from the communion of others and shall rest content with the communion of his own people alone, but the monk shall continue neither as cleric nor superior.
Notes.
Ancient Epitome of Canon LXXX.
Whoever shall receive a monk from a monastery not subject to his jurisdiction, and if he shall ordain him to the clerical estate or shall appoint him prior of his monastery, such an one shall be cut off from communion.
This is Canon xiv. of Carthage, September, a.d. 401.
Johnson.
See Canons 76 (79) and 122 (123).