Canon XCIV. (Greek xcvii.)
Summary of Chapters.
That a free delegation be sent to the council from all the provinces to Mizoneum. Legates [475] and letters were ordered to be sent for the purpose of directing the free legation: that became the unity had been made only at Carthage, letters should also be given to the judges, that they might order in the other provinces and cities the work of union to be proceeded with, and the thanksgivings of the Church of Carthage for the whole of Africa concerning the exclusion of the Donatists should be sent with the letters of the bishops to Court (ad Comitatum).
The letters of Pope Innocent were read: that bishops ought not readily to carry causes across seas, and this very thing was confirmed by the judgment of the bishops themselves; that on account of thanksgiving and the exclusion of the Donatists, two clerics of the Church of Carthage should be sent to Court.
Notes.
Ancient Epitome of Canon XCIV.
It seemed good that letters be sent to the Magistrates that the Donatists be expelled. [476]
This introduction is taken from the Synod of Carthage of August 23, 405. There is also added the introduction of the Synod of Carthage of June 13, 407.
In this synod certain things already decreed are corrected.
Under the most illustrious emperors Honorius for the VII^th time, and Theodosius for the second time, the consuls being the Augusti, on the Ides of July in Carthage in the basilica of the second region, when bishop Aurelius together with his other bishops had taken his seat, and while the deacons stood by, he said: Since it was decreed in the council of Hippo, that each year there should assemble a plenary council of Africa, not only here in Carthage but also in the different provinces in their order, and this was reserved that we should determine its place of meeting sometimes in Numidia and sometimes in Byzacium. But this seemed laborious to all the brethren.
[475] The Latin text here is certainly corrupt.
[476] This is placed by Beveridge under Greek canon xcviij.
Canon XCV. (Greek xcviii.)
An universal council to be held only when necessary.
It seemed good that there should be no more the yearly necessity of fatiguing the brethren; but as often as common cause, that is of the whole of Africa, demands, that letters shall be given on every side to that see in this matter, that a synod should be gathered in that province, where the desirability of it induces; but let the causes which are not of general interest be judged in their own provinces.
Notes.
Ancient Epitome of Canon XCV.
When general necessity so urges, letters are to be sent to the chief see, and a synod held in a convenient place. But let ordinary causes be settled in their own provinces.
This canon is Canon j. of the Synod of Carthage, a.d. 407.
Johnson.
This canon is a tacit revocation of that clause for annual synods in the 18th canon, which was made in a former council.
Canon XCVI. (Greek xcix.)
That from judges who have been chosen, no appeals may be taken.
If an appeal be taken, let him who makes it choose the judges, and with him he also against whom the appeal is taken; and from their decision no appeal may be made.
Concerning the delegates of the different provinces.
When all the delegates of the different provinces came together, they have been most graciously received, that is those of the Numidians, Byzacenes, Stifensian Moors, as well as Cæsarians and Tripolitans.
Concerning the executors of Churches.
It has seemed good moreover that the appointment of five executors should be asked for in all matters pertaining to the necessities of the Church, who shall be portioned off in the different provinces.
Notes.
Ancient Epitome of Canon XCVI.
If one party to a suit takes an appeal, and if both choose together a judge, no further appeal shall be allowed.
This canon is Canon ij. of Carthage, a.d. 407.
Canon XCVII. (Greek c.)
That there be sought from the Emperor the protection of Advocates in causes ecclesiastical.
It seemed good that the legates who were about leaving, viz., Vincent and Fortunatian, should in the name of all the provinces ask from the most glorious Emperors to give a faculty for the establishment of scholastic defensors, whose shall be the care of this very kind of business: so that as the priests [477] of the province, they who have received the faculty as defensors of the Churches in ecclesiastical affairs, as often as necessity arises, may be able to enter the private apartments of the judges, so as to resist what is urged on the other side, or to make necessary explanations.
Notes.
Ancient Epitome of Canon XCVII.
That there be asked of the Emperor the appointment of Patrons for ecclesiastical heads, whose care it should be to defend the Church in its affairs, and who as priests could easily refer what things were urgent.
(Greek ci.)
That the legation be free.
It seemed good that the chosen legates should have at the meeting freedom of action (legationem liberam).
The protest of the Mauritanian bishops against Primosus.
It is evident that those of Mauritania Cæsariensis gave evidence in their own writings that Primosus had been summoned by the chiefs of the Thiganensian city, that he should present himself to the plenary council according to the imperial constitutions, and, when sought for, as was right, Primosus was not found, at least so the deacons reported. But since the same Mauritanians petitioned that letters be sent from the whole synod to the venerable brother, the aged Innocent, it seemed good that they should be sent, that he might know that Primosus had been sought at the council and not found at all.
Notes.
Ancient Epitome.
[Lacking.]
Balsamon.
The contents of this canon being special are useless, therefore no explanation has been given.
This Canon is Canon iij. of Carthage, a.d. 407.
Johnson.
See can. 75 (78) and note on Can. Chalced., 23.
These officers [i.e. "defensors"] seem to be called "executores" in the acts of synod just before this canon.
The "priest of the province" was one chosen out of the body of advocates to be counsel to the province, to act and plead in their behalf; and that he might do it more effectually he was allowed to have private conference with the judge.
[477] Mansi notes that this refers to the heathen priests, and quotes Cod. Theod. 47, de decurionibus.