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.
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.
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.” 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.
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.