Letter CXXXIII.

(a.d. 412.)

To Marcellinus,1064    Marcellinus was commissioned by the Emperor Honorius to convene a conference of Catholic and Donatist bishops, with a view to the final peaceful settlement of their differences. He accordingly summoned both parties to a conference, held in the summer of 411, in which he pronounced the Catholic party to have completely gained their cause in argument. He proceeded to carry out with considerable rigour the laws passed for the repression of the Donatist schism, and thus becoming obnoxious to that faction, fell at length a victim to their revenge when a turn of fortune favoured their plots against his life. The honour of a place among the martyrs of the early Church has been assigned to him. His character may be learned from Letters CXXXVI., CXXXVIII., CXXXIX., and CXLIII., and particularly from the beautiful tribute to his worth given in Letter CLI., in which the circumstances of his death are recorded.My Noble Lord, Justly Distinguished, My Son Very Much Beloved, Augustin Sends Greeting in the Lord.

1. I have learned that the Circumcelliones and clergy of the Donatist faction belonging to the district of Hippo, whom the guardians of public order had brought to trial for their deeds, have been examined by your Excellency, and that the most of them have confessed their share in the violent death which the presbyter Restitutus suffered at their hands, and in the beating of Innocentius, another Catholic presbyter, as well as in digging out the eye and cutting off the finger of the said Innocentius. This news has plunged me into the deepest anxiety, lest perchance your Excellency should judge them worthy, according to the laws, of punishment not less severe than suffering in their own persons the same injuries as they have inflicted on others. Wherefore I write this letter to implore you by your faith in Christ, and by the mercy of Christ the Lord Himself, by no means to do this or permit it to be done. For although we might silently pass over the execution of criminals who may be regarded as brought up for trial not upon an accusation of ours, but by an indictment presented by those to whose vigilance the preservation of the public peace is entrusted, we do not wish to have the sufferings of the servants of God avenged by the infliction of precisely similar injuries in the way of retaliation. Not, of course, that we object to the removal from these wicked men of the liberty to perpetrate further crimes; but our desire is rather that justice be satisfied without the taking of their lives or the maiming of their bodies in any part, and that, by such coercive measures as may be in accordance with the laws, they be turned from their insane frenzy to the quietness of men in their sound judgment, or compelled to give up mischievous violence and betake themselves to some useful labour. This is indeed called a penal sentence; but who does not see that when a restraint is put upon the boldness of savage violence, and the remedies fitted to produce repentance are not withdrawn, this discipline should be called a benefit rather than vindictive punishment?

2. Fulfil, Christian judge, the duty of an affectionate father; let your indignation against their crimes be tempered by considerations of humanity; be not provoked by the atrocity of their sinful deeds to gratify the passion of revenge, but rather be moved by the wounds which these deeds have inflicted on their own souls to exercise a desire to heal them. Do not lose now that fatherly care which you maintained when prosecuting the examination, in doing which you extracted the confession of such horrid crimes, not by stretching them on the rack, not by furrowing their flesh with iron claws,1065    Compare “ungulis sulcantibus latera.” Codex Justin,, ix. 18. 7. not by scorching them with flames, but by beating them with rods, a mode of correction used by schoolmasters,1066    Magistris artium liberalium; doubtless the name of Master of Arts was originally connected with the office and work of teaching, instead of being a mere honorary title. and by parents themselves in chastising children, and often also by bishops in the sentences awarded by them. Do not, therefore, now punish with extreme severity the crimes which you searched out with lenity. The necessity for harshness is greater in the investigation than in the infliction of punishment; for even the gentlest men use diligence and stringency in searching out a hidden crime, that they may find to whom they may show mercy. Wherefore it is generally necessary to use more rigour in making inquisition, so that when the crime has been brought to light, there may be scope for displaying clemency. For all good works love to be set in the light, not in order to obtain glory from men, but, as the Lord saith, “that they seeing your good works may glorify your Father who is in heaven.”1067    Matt. v. 16. And, for the same reason, the apostle was not satisfied with merely exhorting us to practise moderation, but also commands us to make it known: “Let your moderation,” he says, “be known unto all men;”1068    Phil. iv. 5. and in another place, “Showing all meekness unto all men.”1069    Titus iii. 2. Hence, also, that most signal forbearance of the holy David, when he mercifully spared his enemy when delivered into his hand,1070    1 Sam. xxiv. 7. would not have been so conspicuous had not his power to act otherwise been manifest. Therefore let not the power of executing vengeance inspire you with harshness, seeing that the necessity of examining the criminals did not make you lay aside your clemency. Do not call for the executioner now when the crime has been found out, after having forborne from calling in the tormentor when you were finding it out.

3. In fine, you have been sent hither for the benefit of the Church. I solemnly declare that what I recommend is expedient in the interests of the Catholic Church, or, that I may not seem to pass beyond the boundaries of my own charge, I protest that it is for the good of the Church belonging to the diocese of Hippo. If you do not hearken to me asking this favour as a friend, hearken to me offering this counsel as a bishop; although, indeed, it would not be presumption for me to say—since I am addressing a Christian, and especially in such a case as this—that it becomes you to hearken to me as a bishop commanding with authority, my noble and justly distinguished lord and much-loved son. I am aware that the principal charge of law cases connected with the affairs of the Church has been devolved on your Excellency, but as I believe that this particular case belongs to the very illustrious and honourable proconsul, I have written a letter1071    This letter, No. CXXXIV., is addressed to Apringius, and in somewhat similar terms, but at greater length, urges the same request. to him also, which I beg you not to refuse to give to him, or, if necessary, recommend to his attention; and I entreat you both not to resent our intercession, or counsel, or anxiety, as officious. And let not the sufferings of Catholic servants of God, which ought to be useful in the spiritual upbuilding of the weak, be sullied by the retaliation of injuries on those who did them wrong, but rather, tempering the rigour of justice, let it be your care as sons of the Church to commend both your own faith and your Mother’s clemency.

May almighty God enrich your Excellency with all good things, my noble and justly distinguished lord and dearly beloved son!

EPISTOLA CXXXIII . Augustinus Marcellino tribuno, ut Donatistas in quaestione confessos atrocia facinora, puniat citra supplicium capitis, uti congruit Ecclesiae mansuetudini.

Domino eximio et merito insigni, atque charissimo filio MARCELLINO, AUGUSTINUS , in Domino salutem.

1. Circumcelliones illos et clericos partis Donati, quos de Hipponensi ad judicium pro factis eorum publicae disciplinae cura deduxerat, a tua Nobilitate comperi auditos, et plurimos eorum de homicidio quod in Restitutum, catholicum presbyterum commiserunt, et de caede Innocentii, alterius catholici presbyteri, atque de oculo ejus effosso, et de digito praeciso fuisse confessos. Unde mihi sollicitudo maxima incussa est, ne forte Sublimitas tua censeat eos tanta legum severitate plectendos, ut qualia fecerunt, talia patiantur. Ideoque his litteris obtestor fidem tuam quam habes in Christo, per ipsius Domini Christi misericordiam, ut hoc nec facias, nec fieri omnino permittas. Quamvis enim ab eorum interitu dissimulare possemus, qui non accusantibus nostris, sed illorum Notoria ad quos tuendae publicae pacis vigilantia pertinebat, praesentati videantur examini; nolumus tamen passiones servorum Dei, quasi vice talionis, paribus suppliciis vindicari. Non quo scelestis hominibus licentiam facinorum prohibeamus auferri; sed hoc magis sufficere volumus ut vivi et nulla corporis parte truncati, vel ab inquietudine insana ad sanitatis otium legum coercitione dirigantur, vel a malignis operibus alicui utili operi deputentur. Vocatur quidem et ista damnatio; sed quis non intelligat magis beneficium quam supplicium nuncupandum, ubi nec saeviendi relaxetur audacia, nec poenitendi subtrahatur medicina?

2. Imple, christiane judex, pii patris officium; sic succense iniquitati, ut consulere humanitati memineris: nec in peccatorum atrocitatibus exerceas ulciscendi libidinem; sed peccatorum vulneribus curandi adhibeas voluntatem. Noli perdere paternam diligentiam, quam in ipsa inquisitione servasti, quando tantorum scelerum confessionem, non extendente equuleo, non sulcantibus ungulis, non urentibus flammis, sed virgarum verberibus eruisti. Qui modus coercitionis a magistris artium liberalium, et ab ipsis parentibus, et saepe etiam in judiciis solet ab episcopis adhiberi. Noli ergo atrocius vindicare, quod lenius invenisti. Inquirendi quam puniendi necessitas major est: ad hoc enim et mitissimi homines facinus occultatum diligenter atque instanter examinant, ut inveniant 0510 quibus parcant. Unde plerumque necesse est, exerceatur acrius inquisitio, ut manifestato scelere sit ubi appareat mansuetudo. Omnia quippe bona opera amant in luce constitui; non propter humanam gloriam, sed ut videant, ait Dominus, bona opera vestra, et glorificent Patrem vestrum qui in coelis est (Matth. V, 16). Et ideo non suffecit Apostolo monere ut mansuetudinem servaremus, sed ut eam etiam notam omnibus faceremus: Mansuetudo, inquit, vestra nota sit omnibus hominibus (Philipp. IV, 5); et alio loco, Mansuetudinem ostentantes ad omnes homines (Tit. III, 2). Unde nec illa sancti David, quando inimico sibi in manus tradito clementer pepercit (I Reg. XXIV, 7), praeclarissima lenitas emineret, nisi potestas pariter appareret. Non te ergo exasperet vindicandi potestas, cui lenitatem non excussit examinandi necessitas. Noli facinore invento quaerere percussorem, in quo inveniendo noluisti adhibere tortorem.

3. Postremo pro Ecclesiae utilitate missus es. Hoc Ecclesiae catholicae, aut, ut modum dispensationis meae non supergredi videar, hoc Ecclesiae ad Hipponensium-Regiorum dioecesim pertinenti prodesse, hoc expedire contestor. Si non audis amicum petentem, audi episcopum consulentem. Quamvis quoniam christiano loquor, maxime in tali causa, non arroganter dixerim, audire te episcopum convenit jubentem, domine eximie et merito insignis, atque charissime fili. Unde scio quidem causas ecclesiasticas Excellentiae tuae potissimum injunctas, sed quia credo istam curam ad virum clarissimum atque spectabilem proconsulem pertinere, ad eum quoque litteras dedi; quas rego ut ipse illi tradere et allegare, si opus est, non graveris: atque ambos obsecro, ne importunam arbitremini, vel intercessionem, vel suggestionem, vel sollicitudinem nostram; et passiones catholicorum servorum Dei, quae infirmis ad aedificationem spiritualem utiles esse debent, haud reciproca inimicorum, a quibus passi sunt, poena decoloretis, sed potius refracta judiciaria severitate, et vestram fidem, quia filii estis Ecclesiae, et ipsius matris mansuetudinem commendare minime negligatis. Deus omnipotens Praestantiam tuam bonis omnibus augeat, domine eximie et merito insignis, atque charissime fili.