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# Nicene and Post-Nicene Fathers: Series II/Volume XI/John Cassian/Conferences of John Cassian, Part I/Conference IV/Chapter 9

Chapter IX.
The answer on the understanding of one who asks rightly.
Daniel: It belongs to the understanding to discern the distinctions and the drift of questions; and it is a main part of knowledge to understand how ignorant you are. Wherefore it is said that “if a fool asks questions, it will be accounted wisdom,” because, although one who asks questions is ignorant of the answer to the question raised, yet as he wisely asks, and learns what he does not know, this very fact will be counted as wisdom in him, because he wisely discovers what he was ignorant of. According then to this division of yours, it seems that in this passage the Apostle mentions three things, the lust of the flesh against the spirit, and of the spirit against the flesh, the mutual struggle of which against each other appears to have this as its cause and reason; viz., “that,” says he, “we should not do what we would.” There remains then a fourth case, which you have overlooked; viz., that we should do what we would not. Now then, we must first discover the meaning of those two desires, i.e., of the flesh and spirit, and so next learn to discuss our free will, which is placed between the two, and then lastly in the same way we can see what cannot belong to our free will.

## Footnotes

* ↑ Prov. xvii. 28. (LXX.).
# Nicene and Post-Nicene Fathers: Series II/Volume XI/John Cassian/Conferences of John Cassian, Part I/Conference IV/Chapter 3

Chapter III.
His answer to the question raised.
A threefold account of this mental dryness of which you speak has been given by the Elders. For it comes either from carelessness on our part, or from the assaults of the devil, or from the permission and allowance of the Lord. From carelessness on our part, when through our own faults, coldness has come upon us, and we have behaved carelessly and hastily, and owing to slothful idleness have fed on bad thoughts, and so make the ground of our heart bring forth thorns and thistles; which spring up in it, and consequently make us sterile, and powerless as regards all spiritual fruit and meditation. From the assaults of the devil when, sometimes, while we are actually intent on good desires, our enemy with crafty subtilty makes his way into our heart, and without our knowledge and against our will we are drawn away from the best intentions.
# Nicene and Post-Nicene Fathers: Series II/Volume XI/John Cassian/Conferences of John Cassian, Part I/Conference IV/Chapter 4

Chapter IV.
How there is a twofold reason for the permission and allowance of God.
But for God’s permission and allowance there is a twofold reason. First, that being for a short time forsaken by the Lord, and observing with all humility the weakness of our own heart, we may not be puffed up on account of the previous purity of heart. granted to us by His visitation; and that by proving that when we are forsaken by Him we cannot possibly recover our former state of purity and delight by any groanings and efforts of our own, we may also learn that our previous gladness of heart resulted not from our own earnestness but from His gift, and that for the present time it must be sought once more from His grace and enlightenment. But a second reason for this allowance, is to prove our perseverance, and steadfastness of mind, and real desires, and to show in us, with what purpose of heart, or earnestness in prayer we seek for the return of the Holy Spirit, when He leaves us, and also in order that when we discover with what efforts we must seek for that spiritual gladness—when once it is lost—and the joy of purity, we may learn to preserve it more carefully, when once it is secured, and to hold it with firmer grasp. For men are generally more careless about keeping whatever they think can be easily replaced.
# Nicene and Post-Nicene Fathers: Series II/Volume XI/John Cassian/Conferences of John Cassian, Part I/Conference IV/Chapter 5

Chapter V.
How our efforts and exertions are of no use without God’s help.
And by this it is clearly shown that God’s grace and mercy always work in us what is good, and that when it forsakes us, the efforts of the worker are useless, and that however earnestly a man may strive, he cannot regain his former condition without His help, and that this saying is constantly fulfilled in our case: that it is “not of him that willeth or runneth but of God which hath mercy.” And this grace on the other hand sometimes does not refuse to visit with that holy inspiration of which you spoke, and with an abundance of spiritual thoughts, even the careless and indifferent; but inspires the unworthy, arouses the slumberers, and enlightens those who are blinded by ignorance, and mercifully reproves us and chastens us, shedding itself abroad in our hearts, that thus we may be stirred by the compunction which He excites, and impelled
to rise from the sleep of sloth. Lastly we are often filled by His sudden visitation with sweet odours, beyond the power of human composition—so that the soul is ravished with these delights, and caught up, as it were, into an ecstasy of spirit, and becomes oblivious of the fact that it is still in the flesh.

## Footnotes

* ↑ Rom. ix. 16.
# Nicene and Post-Nicene Fathers: Series II/Volume XIV/Additional Canons 3/The Canons of Carthage/Canons/Canon CVI

Canon CVI. (Greek cix.)
That those who are going to carry their case to court should be careful to inform either the bishop of Carthage or the bishop of Rome.
It seemed good that whoever wished to go to court, should give notice in the form which is sent to the Church of the city of Rome, that from thence also he should receive a formed letter to court. But if receiving only a formed letter to Rome, and saying nothing about the necessity which he had of going to court, he willed immediately to go thither, let him be cut off from communion. But if while at Rome the necessity of going to court suddenly arose, let him state his necessity to the bishop of Rome and let him carry with him a rescript of the same Roman bishop. But let the formed letters which are issued by primates and by certain bishops to their own clergy have the date of Easter; but if it be yet uncertain what is the date of Easter of that year, let the preceding Easter’s date be set down, as it is customary to date public acts after the consulship.
It further seemed good that those who were sent as delegates from this glorious council should ask of the most glorious princes whatever they saw would be useful against the Donatists and Pagans, and their superstitions.
It also seemed good to all the bishops that all conciliar letters be signed by your holiness alone. And they subscribed: I, Aurelius, Bishop of Carthage, have consented to this decree, and having read it, now subscribe my name. Likewise also the rest of the bishops subscribed.
Ancient Epitome of Canon CVI.
Whoever from any necessity was going to court, must declare his intention to the bishop of Carthage and to the bishop of Rome, and receive a letter dimissory, and otherwise he shall be excommunicated.
Whatever shall seem to the legates useful against the Donatists and Greeks, and their superstitions, that shall be sought from the Emperor.
(Greek cx.)
Synod against the pagans and heretics.
In the consulship of those most illustrious men Bassus and Philip, the xvith Calends of July, at Carthage, in the secretarium of the restored basilica.* In this council the bishop Fortunatian received a second appointment as legate against the pagans and heretics.
Item, a council against the pagans and heretics.
In the consulship of those most illustrious men Bassus and Philip, the iii. Ides of October at Carthage, in the Secretarium of the restored basilica*. In this council the bishops Restitutus and Florentius received a legation against the pagans and heretics, at the time Severus and Macarius were slain, and on their account the bishops Euodius, Theasius and Victor were put to death.
Notes.
This canon is Canon xij. of Carthage, a.d. 407.
Johnson.
Of “Formal Letters” see Can. Ap., 10 (13).

## Footnotes

* ↑ “And” in the Greek, which omits the preceding “either.”
* ↑ Between these asterisks all is missing in the Greek.
# Nicene and Post-Nicene Fathers: Series II/Volume XIV/Additional Canons 3/The Canons of Carthage/Canons/Canon CXI

Canon CXI. (Greek cxiij.)
That the grace of God not only gives remission of sins, but also affords aid that we sin no more.
Likewise it seemed good, that whoever should say that the grace of God, by which a man is justified through Jesus Christ our Lord, avails only for the remission of past sins, and not for assistance against committing sins in the future, let him be anathema.
Ancient Epitome of Canon CXI.
Whoever is of opinion that the grace of God only gives remission of those sins we have already committed, and does not afford aid against sin in the future, is to be twice execrated.
# Nicene and Post-Nicene Fathers: Series II/Volume XIV/Additional Canons 3/The Canons of Carthage/Canons/Canon CXII

Canon CXII. (Greek cxiij. continued.)
That the grace of Christ gives not only the knowledge of our duty, but also inspires us with a desire that we may be able to accomplish what we know.
Also, whoever shall say that the same grace of God through Jesus Christ our Lord helps us only in not sinning by revealing to us and opening to our understanding the commandments, so that we may know what to seek, what we ought to avoid, and also that we should love to do so, but that through it we are not helped so that we are able to do what we know we should do, let him be anathema. For when the Apostle says: “Wisdom puffeth up, but charity edifieth” it were truly infamous were we to believe that we have the grace of Christ for that which puffeth us up, but have it not for that which edifieth, since in each case it is the gift of God, both to know what we ought to do, and to love to do it; so that wisdom cannot puff us up while charity is edifying us. For as of God it is written, “Who teacheth man knowledge,” so also it is written, “Love is of God.”
Notes.
Ancient Epitome of Canon CXII.
Whoever says that the grace of God is given to us only that we may know what we ought to do and what to flee from, but not also that we may love the thing known, and be able to accomplish it, let him be anathema.
Canon cxi. is Canon iij. of Carthage, a.d. 418, and Canon cxii. is Canon iv. of the same synod.
# Nicene and Post-Nicene Fathers: Series II/Volume XIV/Additional Canons 3/The Canons of Carthage/Canons/Canon CXIV

Canon CXIV. (Greek cxv.)
That not only humble but also true is that voice of the Saints: “If we say that we have no sin we deceive ourselves.”
It also seemed good that as St. John the Apostle says, “If we shall say that we have no sin we deceive ourselves and the truth is not in us,” whosoever thinks that this should be so understood as to mean that out of humility, we ought to say that we have sin, and not because it is really so, let him be anathema. For the Apostle goes on to add, “But if we confess our sins, he is faithful and just to forgive us our sins and to cleanse us from all iniquity,” where it is sufficiently clear that this is said not only of humility but also truly. For the Apostle might have said, “If we shall say we have no sins we shall extoll ourselves, and humility shall have no place in us;” but when he says, “we deceive ourselves and the truth is not in us” he sufficiently intimates that he who affirmed that he had no sin would speak not that which is true but that which is false.
Notes.
Ancient Epitome of Canon CXIV.
Whosoever shall interpret the saying of the Divine [i.e. St. John]: “If we shall say that we have no sin, we deceive ourselves” as not being really true but as spoken out of humility, let him be anathema.
This is Canon vj. of Carthage, a.d. 418.
# Nicene and Post-Nicene Fathers: Series II/Volume XIV/Additional Canons 3/The Canons of Carthage/Canons/Canon CXIX

Canon CXIX. (Greek cxx.)
That if a bishop shall possess a diocese which he has snatched from heresy for three years, no one may take it from him.
Item, it seemed good that if anyone after the laws should convert any place to Catholic unity and retain it for three years without opposition, it should not be taken away from him afterwards. If however there was during those three years a bishop who could claim it and was silent, he shall lose the opportunity. But if there was no bishop, no prejudice shall happen to the see, but it shall be lawful when the place that had none shall receive a bishop, to make the claim within three years of that day. Item, if a Donatist bishop shall be converted to the Catholic party, the time that has elapsed shall not count against him, but from the day of his conversion for three years he shall have the right of making a claim on the places which belonged to his See.
Notes.
Ancient Epitome of Canon CXIX.
Whosoever shall convert a region to Orthodoxy and shall keep it converted for three years, let him be without blame. But if the bishop converted from Donatus within three years of its conversion seeks his diocese again, let it be returned to him (εἰ ἐνάγει, ἐναγέτω.)
This is Canon xj. of Carthage, a.d. 418.

## Footnotes

* ↑ In the Latin “Matrici.”
# Nicene and Post-Nicene Fathers: Series II/Volume XIV/Additional Canons 3/The Canons of Carthage/Canons/Canon CVIII

Canon CVIII. (Greek cxii.)
Synod against the heresy of Pelagius and Celestius.
In the consulate of the most glorious Emperors, Honorius for the XIIth time and Theodosius for the VIIIth, Augusti most exalted, on the Calends of May, at Carthage in the secretarium of the Basilica of Faustus.  When Aurelius the bishop presided over the whole council, the deacons standing by, it pleased all the bishops, whose names and subscriptions are indicated, met together in the holy synod of the Church of Carthage to define—

## Footnotes

* ↑ The Latin here is corrupt.
* ↑ Here begins Canon CIX. of the Latin text.
# Nicene and Post-Nicene Fathers: Series II/Volume XIV/Additional Canons 3/The Canons of Carthage/Canons/Canon CX

Canon CX. (Greek cxii. bis)
That infants are baptized for the remission of sins.
Likewise it seemed good that whosoever denies that infants newly from their mother’s wombs should be baptized, or says that baptism is for remission of sins, but that they derive from Adam no original sin, which needs to be removed by the laver of regeneration, from whence the conclusion follows, that in them the form of baptism for the remission of sins, is to be understood as false and not true, let him be anathema.
For no otherwise can be understood what the Apostle says, “By one man sin is come into the world, and death through sin, and so death passed upon all men in that all have sinned,” than the Catholic Church everywhere diffused has always understood it. For on account of this rule of faith (regulam fidei) even infants, who could have committed as yet no sin themselves, therefore are truly baptized for the remission of sins, in order that what in them is the result of generation may be cleansed by regeneration.
Notes.
Ancient Epitome of Canon CX.
Whoso affirms that those newly born and baptized contract nothing from Adam’s transgression, which needs to be washed away by baptism, is to be execrated: for through one both death and sin invaded the whole world.
This is Canon ij. of Carthage, a.d. 418 [Greek Canon 112].
Johnson.
See Can. 63, 104, both which are double, as this likewise is in the old Greek scholiasts.
[Also it seemed good, that if anyone should say that the saying of the Lord, “In my Father’s house are many mansions” is to be understood as meaning that in the kingdom of heaven there will be a certain middle place, or some place somewhere, in which infants live in happiness who have gone forth from this life without baptism, without which they cannot enter the kingdom of heaven, which is eternal life, let him be anathema. For after our Lord has said: “Except a man be born again of water and of the Holy Spirit he shall not enter the kingdom of heaven,” what Catholic can doubt that he who has not merited to be coheir with Christ shall become a sharer with the devil: for he who fails of the right hand without doubt shall receive the left hand portion.]
Notes.
The foregoing, says Surius, is found in this place in a very ancient codex. It does not occur in the Greek, nor in Dionysius. Bruns relegates it to a foot-note.
# Nicene and Post-Nicene Fathers: Series II/Volume XIV/Additional Canons 3/The Canons of Carthage/Canons/Canon CXIII

Canon CXIII. (Greek cxiiii.)
That without the grace of God we can do no good thing.
It seemed good that whosoever should say that the grace of justification was given to us only that we might be able more readily by grace to perform what we were ordered to do through our free will; as if though grace was not given, although not easily, yet nevertheless we could even without grace fulfil the divine commandments, let him be anathema. For the Lord spake concerning the fruits of the commandments, when he said:  “Without me ye can do nothing,” and not “Without me ye could do it but with difficulty.”
Notes.
Ancient Epitome of Canon CXIII.
Whoso preaches that without grace we could keep the commandments although with difficulty, is to be thrice execrated.  For the Lord says, “Without me ye can do nothing.”
This is Canon V. of Carthage, a.d. 418.
# Nicene and Post-Nicene Fathers: Series II/Volume XIV/Additional Canons 3/The Canons of Carthage/Canons/Canon CXV

Canon CXV. (Greek cxvi.)
That in the Lord’s Prayer the Saints say for themselves: “Forgive us our trespasses.”
It has seemed good that whoever should say that when in the Lord’s prayer, the saints say, “forgive us our trespasses,” they say this not for themselves, because they have no need of this petition, but for the rest who are sinners of the people; and that therefore no one of the saints can say, “Forgive me my trespasses,” but “Forgive us our trespasses;” so that the just is understood to seek this for others rather than for himself; let him be anathema. For holy and just was the Apostle James, when he said, “For in many things we offend all.” For why was it added “all,” unless that this sentence might agree also with the psalm, where we read, “Enter not into judgment with thy servant, O Lord, for in thy sight shall no man living be justified;” and in the prayer of the most wise Solomon: “There is no man that sinneth not;” and in the book of the holy Job: “He sealeth in the hand of every man, that every man may know his own infirmity;” wherefore even the holy and just Daniel when in prayer said several times: “We have sinned, we have done iniquity,” and other things which there truly and humbly he confessed; nor let it be thought (as some have thought) that this was said not of his own but rather of the people’s sins, for he said further on: “When I shall pray and confess my sins and the sins of my people to the Lord my God;” he did not wish to say our sins, but he said the sins of his people and his own sins, since he as a prophet foresaw that those who were to come would thus misunderstand his words.
Notes.
Ancient Epitome of Canon CXV.
Whoso expounds this, “forgive us our trespasses” as speaking only of the multitude and not of individuals let him be anathema: Since Daniel even he can behold saying with the multitude “I confessed my sins and the sins of my people.”
This is Canon vij. of Carthage, a.d. 418.
# Nicene and Post-Nicene Fathers: Series II/Volume XIV/Additional Canons 3/The Canons of Carthage/Canons/Canon CVII

Canon CVII. (Greek cx. continued.)
A Council concerning a bishop taking cognizance.
In the consulate of the most glorious Emperors Honorius for the VIIth time and Theodosius for the IIId, Augusti, xvii. Calends of July, a synod was held at Carthage in the basilica of the second region. In this council it seemed good that no one bishop should claim the right to take cognizance of a cause. The acts of this council I have not here written down, because it was only provincial and not general.
Ancient Epitome of Canon CVII.
One bishop shall not claim for himself to take cognizance of a cause alone.
(Greek cxi.)
Synod against the Donatists.
After the consulate of the most illustrious Emperors Honorius for the VIIIth time and Theodosius for the IVth time, Augusti, xviii. Calends of July, at Carthage in the basilica of the second region. In this council the bishops, Florentius, Possidius, Præsidius and Benenatus received legation against the Donatists, at that time at which a law was given that anyone might practice the Christian worship at his own will.
Notes.
Ancient Epitome of Canon CVII.
Let each one receive the practice of piety of his own free will.
The two first introductions belong respectively to the Synods of Carthage of June 16 and of October 13, a.d. 408.
Canon cvij. of the African code and that which follows it are the introductions to the Synods of Carthage of June 15, a.d. 409, and of June 14, a.d. 410.
Johnson.
See can. 10, 11, 12, 28 (31), 79 (80). Recognises, a law of the Empire, that everyone receive christianity at his own free choice.
# Ogilvie. v. Knox Insurance Company./Opinion of the Court

* Court Documents
* Case Syllabus
* Opinion of the Court
United States Supreme Court
67 U.S. 539
Ogilvie. v. Knox Insurance Company.
At the May Term, 1860, of the Circuit Court, a decree was entered, in conformity with the judgment of this Court, ascertaining the amount of the judgments, due by the Insurance Company to the several complainants, and the several amounts due by each of the stockholders, respondents to the company. At the next November Term divers other creditors of the Company filed their petitions, setting forth that they also had become judgment creditors of the Company, and praying to be made parties to the bill, and suggesting that there were other persons indebted to the Company 'whose indebtedness ought to be paid for the benefit of the petitioners;' that the amount found to be due from those against whom a decree has already been rendered was insufficient to liquidate the claims of the petitioners and other parties entitled to participate in the distribution of said funds; and praying that a Receiver might be appointed to receive and collect from the persons so indebted the amounts due by them, respectively, &c., &c. The Court then appointed a Receiver, according to the request of petitioners. But before the funds of the Company were collected, on the 7th of December, the Court entered a decree that all the moneys recovered or to be recovered under the decree made at last term be distributed among the original complainants and the several persons who had filed their petitions, praying to be made parties, complainants, &c., &c., and appointing a Master to state an account, &c.
The appellants contend that this decree is erroneous and unjust to the original petitioners. This may possibly be found to be true when the proper time comes to have it reviewed. But the appeal as well as the decree, is premature. There is no final decree in the case. After the assets are all collected by the Receiver, so that the Master may ascertain the amount to be distributed, the question now proposed will be properly raised, and decided on exceptions to the Master's report. That report should state the amount of assets to be distributed, the amount collected from the original defendants, also the other amounts collected by the Receiver from persons not in the decree; whether the amounts collected from the parties respondent are sufficient to pay each of the original parties complainant? if not, how much to each; how much other assets have been collected by the receiver, and how much would be coming to each creditor on the hypothesis that all the assets are to be divided among all the creditors equally.
With these facts ascertained, the Court will be in a condition to make a final decree, which can be reviewed by this Court, but not till then.
The appeal is therefore premature, and must be dismissed.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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