A new history of ecclesiastical writers containing an account of the authors of the several books of the Old and New Testament, of the lives and writings of the primitive fathers, an abridgement and catalogue of their works ... also a compendious history of the councils, with chronological tables of the whole / written in French by Lewis Ellies du Pin.

Councils of Carthage in the Years 418. and 419. Concerning the Cause of Apiarius.

URbanus Bishop of Sicca, a City of Mauritania Coesariensis, and formerly St. Augustin's Di∣sciple, * 1.1 did both degrade and excommunicate Apiarius, a Presbyter, as one that had been unlawfully ordained. This man repaired to Pope Zosimus, who received him kindly, and ad∣mitted him to the Communion. This Pope's action, contrary to the Rules of the Church, that forbid Bishops to receive those Clerks that are excommunicated by their Brethren, amazed the African Bishops. But Zosimus seeking an opportunity to extend his Dominion and increase his Authority, would not let this occasion slip. Wherefore he sent Legates into Africa, a Bishop called Faustinus, and two Priests, Asellius and Philip; not only to cause Apiarius to be restored, but also to make them admit of the Canons of the Council of Sardica, concerning the Appeals of Bishops to the See of Rome, and the Judgments of Clerks.

The Africans seeing that the Pope undertook to protect Apiarius, judged it more convenient to accommodate the business; and so they found this Medium, to put him out of the Church of Sicca, and give him leave to do the Functions of his Order any where else. But before they came to a conclusion, suspecting that Zosimus's Legats were not come into Africa without some De∣sign, they urged them to give an account of their Commission. At first they would have made some Proposals of their own; but the Africans without hesitation, desired to see the Writings of their Commission, and so they were obliged to read the Memorial of their Instructions; which

contained four Heads. The First was, touching Appeals to the See of Rome. The Second, To hinder Bishops from going to Court. The Third, That Priests should be permitted to have their Causes examined by Neighbouring Bishops. By the Fourth they were commanded, either to Excommunicate Urbanus Bishop of Sicca, or to cite him to Rome, except he retracted what he had done. The Second Head admitted no Dispute; because the African Bishops had already enacted, That neither Bishops nor Priests should go to Court. They answered the Fourth, by composing the business as we have said; so that only the First and the Third remained to be de∣cided, and they were of great consequence. The Pope's Legates alledged to support their Preten∣sions, the Canons of the Council of Sardica, which allow Appeals to the See of Rome for Bishops condemned by a Provincial Synod, and permit a Clerk condemned by his own Bishop, to appeal to the Bishops of the Neighbouring Provinces.

Though the Africans had no knowledge of these Canons, yet because the Pope's Legates posi∣tively urged them, they promised, out of the respect they paid to that Council, to observe the Canons, until they were inform'd whether they were belonging to the Council of Nice, or no. This was their resolution in the first Council held about that business at Carthage in Autumn of the Year 418. which they acquainted Zosimus withal.

After this Pope's Death, The Bishops of Africa being assembled in an Universal Synod at Car∣thage the 23d. day of May, to the number of 217. Faustinus the Pope's Legate sitting in that Synod, next after Aurelius Bishop of Carthage, and Valentinus Metropolitan of Numidia, and Asellius and Philippus the Priests after the Bishops, the Canons of the Council of Nice were read, as they had the Copies of them on both sides. The Africans not finding in their Code the Canons which the Pope's Legates affirmed to have been enacted by the Council of Nice, Alypius proposed, That they should send Deputies to the Bishops of Constantinople, Alexandria, and Antioch, to clear this dispute, by taking Copies of the true Acts of the Council of Nice: This Advice was approved, and they concluded, that in the mean time they should observe the Con∣tents of those Canons: And they resolved to write to Pope Boniface about what they had done, and to pray him to write to the Eastern Patriarchs; That this Point might be cleared. This being done, they repeated the Creed and the Twenty Canons of the Council of Nice, according to the Copy which Caecilian Bishop of Carthage, had brought from that Council whereat he assisted. They added to these, Three and thirty other Canons conformable to those of the Council of Nice. The First is only an Advertisement of Aurelius, concerning the Canons of the Council of Nice. The Second is a Confession of the Holy Trinity. The Third confirms the Rule of the Council of Carthage of the Year 401. concerning the Celibacy of Bishops, Priests and Deacons. It is said, That their Ministery obligeth them to it. Faustinus confirms this Order in the Fourth Canon. The Fifth is against the Covetousness of the Clergy, that usurp upon their Brethren. The Sixth reneweth the Law which forbids the Priests to consecrate the holy Chrism, and to re∣concile Penitents publickly, and to consecrate Virgins. The Eighth gives a Priest leave to recon∣cile Penitents in cases of necessity. The Ninth provides that the Accusation of one that is guilty of any Crime shall not be admitted against a Bishop. The next is against either Bishops or Priests, who receive a Person excommunicated by his Bishop, without his consent.

Both the Tenth and the Eleventh pronounce an Anathema against those Priests, who being reproved by their Bishops, are so bold as to raise an Altar against an Altar, or make a Schism.

The Twelfth settleth the necessary number of Judges, to decide Ecclesiastical Causes. A Bi∣shop is to be judged by Twelve Bishops; A Priest, by Six Bishops, with his respective Bishop; and a Deacon, by Three only. The Thirteenth Canon reneweth the ancient Laws about Bi∣shops Ordinations; namely, That a Bishop cannot be ordained without the Primate's consent; and that three Bishops at the least must be present at the Ordination. In the Fourteenth, there is an Exception of the Twelfth for the Province of Tripolis, where there were few Bishops, declaring, That in this Province a Priest may be judged by Five Bishops, and a Deacon by Two: and for the same reason, they say, That one Deputy may serve.

To maintain Ecclesiastical Authority among Clerks, The Fifteenth forbids them to make their Complaints before Civil Judges, when they are cited before Ecclesiastical ones; and in case they do, though they get the better, yet they must be deposed, if it be a Criminal business; and if it be a Civil Matter, they shall lose what they have got. It was also provided by these Canons, That if the Sentence of the first Ecclesiastical Judges, was reversed by a Superiour Judgment; yet this shall do no Prejudice to the former Judges, except they are convicted of having given Judgment out of Passion or Favour. It is added, That there can be no Appeal from chosen Judges, though they were fewer in Number than is appointed. Lastly, Priest's Children are forbidden to exhibit Publick Spectacles, or to be present at any; They declare also, That the same ought to be forbidden all Christians.

The Sixteenth forbids Bishops, Priests, and Deacons to be Farmers, Attornies, or to get their Living by any sordid Commerce. Readers are obliged to Marry when they come to the Age of Puberty, or to make a Vow of Continency. Clerks are not to take Use for Money Lent. They will not have Deacons to be ordained, nor Virgins consecrated before they are Five and twenty Years old. Lastly, Deacons are forbidden to Salute the People; That is, to speak to the People in Reading, as Bishops were wont to do in Preaching.

The 17th. grants to the Province of Silesia, that had been separated from Numidia, the Right of having a Primate, or Metropolitan, but dependent upon the Primate of Numidia.

The 18th. enjoyns, That Bishops Ordaining either Bishops or Clerks, shall make them under∣stand the Canons. It forbids the giving the Eucharist to the Dead, and renews the Order of the Council of Nice, about the Celebration of Provincial Councils.

The 19th. ordains, That whosoever accuses a Bishop, must do it before his Metropolitan; who shall cite him to appear within a Month before him, and before the Judges whom he hath chosen: That in the mean time the Bishop shall not be suspended from the Communion: That if at the Month's end he gives good Reasons for his not appearing, he shall have another Month; but if he doth not appear at his second Summons, he shall be suspended from the Communion until he hath justified himself: and, That if afterwards he comes not to the Uni∣versal Council, he shall be look'd upon as having condemned himself: That the Accuser is not to be kept from Communicating, if he appears upon all Set-days; but upon his withdrawing, he shall be suspended, but yet so as not to hinder his Prosecution. Lastly, They forbid the admitting of a noted Person to form an Accusation, except it be concerning his particular Interest. The 20th. gives Rules for the Judgment of Priests and Deacons; but other Clerks are left to the sole Judgment of the Bishop.

The 21st. forbids Clergy-mens Sons to Marry Heretical or Heathenish Wives. The 22d. hin∣ders Clerks to give their Estates to Hereticks, though they were their Parents. The 23d. for∣bids Bishops to go out of Africa without leave from the Metropolitan of their respective Pro∣vince, from whom they are to receive a formed Letter, or a Letter of Recommendation. The 24th. prohibits the Reading of any other besides Canonical Books in the Church, whereof the Catalogue there set down agrees with that of the Council of Trent. It is noted at the latter end of this Canon, That the Contents thereof are to be notified to Boniface, and the Bi∣shops of Italy, that they may confirm it: and that the African Church hath learned from her Father's Tradition, That the Books expressed in that Catalogue, ought to be read in the Church. The 25th. confirms the Law of Celibacy, for the Superior Orders; and it extends it to Sub-deacons, but other Clerks are left at their liberty.

The 26th. forbids the Selling the Goods of the Church, or of Bishops, without the Metropoli∣tan's leave, unless there be an urgent Necessity; in which case they are to advise with the nearest Bishops.

The 27th. provides, That Priests and Deacons. shall not be put to publick Penance; and, That such as were Re-baptized, shall not be promoted to the Priesthood. The 28th. forbids those Priests and Deacons who find fault with the Judgments of their own Bishops, to seek for Judges out of Africa; but they are permitted to have their Cause examined by neighbouring Bishops, but with the Consent of their own Bishop: wherein this Canon differs from that of Sardica, which gave Clerks leave indifferently to chuse neighbouring Bishops for their Judges, without seeking for the Consent of their own Bishop.

The 29th. declares, That he condemneth himself; by suffering himself to be Excommunicated by an Ecclesiastical Judgment, who neglects to appear, and yet doth not forbear Communica∣ting before he is heard. The 30th. saith, That if the Accuser hath some reason to fear any thing in the place where the Accused dwelleth, he may chuse a place hard-by to produce his Witnesses.

The 31st. punishes those Clerks who refuse to be promoted to Superior Orders by their Bi∣shops, by depriving them of the Functions of their Ministery. The 32d. declares, That the Bi∣shops, Priests and Deacons, who being poor when they were Ordained, have afterwards pur∣chased Estates out of the Churches Revenue, ought to be dealt withal like those who detain other Mens Estates unlawfully gotten, except they bequeath them to the Church: but they are permitted to do what they please with such Estates as come to them either by Succession or by Donation. Finally, The 33d. and last forbids Priests to Sell the Churches Goods unknown to the Bishops; and the Bishops, without acquainting the Council and their Priests with it: even the Metropolitan is not permitted to usurp what belongs to his Church. This is what was enacted in the First Session of this Council. Afterwards the Canons of former African Councils were read, in the same order in which we see them in the Code of the African Church.

The last Session of this General Council was upon the 28th. of May, of the same Year. Se∣veral Bishops complained, That they were kept there too long, and so desired to return to their Diocesses: wherefore they nominated Deputies of each Province to compleat what remained yet to do; but before they separated themselves, they added Six Canons more to the former. The 1st. forbids the receiving the Accusation of an accused Person. In the 2d. they would not have such admitted for Accusers as are Slaves, or Freed-men, nor infamous Persons, as Mimicks, or Stage-Players, no more than Hereticks and Heathens. In the 3d. it is provided, That if the Accusation consists of several Heads, and the Accuser cannot prove the First, he shall not be suffered to propose the rest.

The 4th. prescribes the Qualifications of Witnesses, according to what hath been said of Ac∣cusers; that is, That whosoever was not qualified to be an Accuser, could not be admitted for a Witness: adding, That the Domesticks of an Accuser could not be Witnesses, nor such as were under the Age of Thirteen Years.

The 5th. provides, That if a Bishop declares that such a Person hath confessed a Crime to him alone, and that Person denies it, and refuses to do Penance; that Bishop ought not to think that Injury is done to him, if the thing is not believed upon his Word, though he saith, That he will not Communicate with that Person, out of a Scruple of Conscience. The next

Canon adds, That in this case, if the Bishop will not communicate with that Person, the other Bishops shall not communicate with that Bishop; that so Bishops may not offer to say what they cannot prove. These Canons shew, That Crimes were confessed to Bishops,; and that the Bishops excommunicated Men, and put them to publick Penance for those Crimes, though they were secret ones; but that the Bishop could not oblige those outwardly to do publick Penance, who had confessed their Crimes secretly to him, unless he had other Proofs to con∣vict them.

After this, Aurelius concluded the Synod, putting off to the next day the writing to Boni∣face. All the Bishops subscribed and approved what had been done and read in the Synod.

The next day they composed the Letter to Boniface; wherein the African Bishops gave him an Account of what had been done about the Memorial of Instructions which Zosimus had given to his Legates; and promised him to see the two Canons of the Council of Sardica executed, concerning the Appeals of the Clergy, and the Judgments thereupon, until they had received out of Greece the true Copies of the Council of Nice; upon Condition, That if these Canons were not there, they would not endure this new Yoke, which seemed to be an Effect of Ambi∣tion; and that they should be suffered to enjoy their ancient Privileges.

These Copies were not long in coming; they received them in November of the same Year, with obliging Letters from St. Cyril, and Atticus of Constantinople; but they did not find the Canons alledged by Zosimus's Legates, but only the Confession of Faith, and the Twenty ordi∣nary Canons. They had no sooner received them, but they sent the same to Pope Boniface.

This seemed to have put an end to the Dispute; and indeed, it was not spoken of any more in Boniface's time, but it was renewed under the Pontificate of Pope Coelestine. For this Apia∣rius, to whom the African Bishops had shewed Kindness for the Pope's sake, instead of be∣having himself wisely, gave great occasions of Complaint against him; so that they were obliged to condemn him. He failed not, to procure his Restoration, to apply himself to the same Means that had before proved effectual: he went to Pope Coelestine, who received him kindly, and admitted him to Communion: he wrote in his behalf to the African Bishops, and sent Faustinus to procure his Restoration. The African Bishops met to judge him. At first he rejected their Judgment, under pretence of maintaining the Privileges of the See of Rome, and demanded to be admitted to the Communion, since Coelestine, to whom he made his Ap∣peal, had admitted him. This Opposition, back'd by Faustinus, did not hinder the African Bishops from undertaking the Examination of the Crimes laid to his Charge. At the third time of their Meeting, Apiarius confessed,

That he was guilty of the Crimes he was accused of, so that there was no more need of Pleading.

But the African Bishops seeing of what Importance it was, to prevent that for the future the African Councils should not be thus imposed upon, they writ a Letter to Pope Coelestine. In which having related in what manner Apiarius's Business was con∣cluded, they intreated him earnestly to hearken no more to those that should come from Africa, and not to admit any more to his Communion any Man that was Excommunicated by the African Bishops.

For (say they) your Holiness may take notice, That it was so decreed in the Council of Nice; and though mention is made there only of Clergy and Laity, yet there is a great deal more reason to observe this Rule, with respect to Bishops; and it would prove a great Disorder, should your Holiness allow Communion against the Rules to Bishops Ex∣communicated in their Provinces. Likewise, your Holiness ought to reject those Priests, and other Clergy-men who apply themselves to you, to avoid the Punishment which they deserve; so much the rather, because we no where read that the Canons have taken away this Privilege from the African Church; and that according to the Decree of the Council of Nice, the Judgment of Priests, and of other Clerks, belongs to the Metropolitan. For the Fathers of that Council were wise and just enough to see that all-Causes ought to be decided in those very places where they have their birth; and that each Province shall not want the Light of the Holy Spirit, which is necessary to direct and enable them to do Justice to their People; so much the rather, that every one who thinks himself wrong'd by the Sentences of Judges that are put upon them, may have their recourse to a Synod of that Province, or even to a National Council. Were it not great rashness in any one of us, to believe that God can inspire by his Spirit one single Person to do Justice; and deny the same to a great number of Bishops assembled in a Council? And how can it be imagined, that Judgment given out of the Country, and beyond the Seas, can stand, since it is often impossible to transport Wit∣nesses? They add, That they had sent to Pope Boniface, Coelestine's Predecessor, the true Copies of the Council of Nice, where the Canons alledged by Faustinus are not found. They advise him to send no more Clerks into Africa to see his Judgments executed, lest he should seem to introduce into the Church, which Breaths nothing but Humility, the Pomp and Vanity of the Age; and then they entreat him, not to suffer Faustinus to abide any longer in Africa.

Notes

• * 1.1

  Councils of Car∣thage con∣cerning Apiarius, in ccccxviij & ccccxix.