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Letter CXXXIII.
(a.d. 412.)
To Marcellinus,2500
2500 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,2501
2501 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,2502
2502 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.”2503 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;”2504 and in
another place, “Showing all meekness unto all men.”2505 Hence,
also, that most signal forbearance of the holy David, when he
mercifully spared his enemy when delivered into his hand,2506 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 letter2507
2507 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!
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