To Marcellinus, My Noble Lord, Justly Distinguished, My Son Very Much Beloved, Augustine 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when a restraint is put upon the boldness of savage violence, and the remedies fitted to produce repentance are not withdrawn, this discipline should be called a benefit rather than vindictive punishment?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, not by scorching them with flames, but by beating them with rods, a mode of correction used by schoolmasters, 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 says,
that they seeing your good works may glorify your Father who is in heaven. Matthew 5:16 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, Philippians 4:5 and in another place,
Showing all meekness unto all men. Titus 3:2 Hence, also, that most signal forbearance of the holy David, when he mercifully spared his enemy when delivered into his hand, 1 Samuel 24:7 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 letter 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.
Source. Translated by J.G. Cunningham. From Nicene and Post-Nicene Fathers, First Series, Vol. 1. Edited by Philip Schaff. (Buffalo, NY: Christian Literature Publishing Co., 1887.) Revised and edited for New Advent by Kevin Knight. <http://www.newadvent.org/fathers/1102133.htm>.
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