To Marcellinus, My Lord Justly Distinguished, My Son Very Much Beloved and Longed for, Augustine Sends Greeting in the Lord.
1. The Acts which your Excellency promised to send I am eagerly expecting, and I am longing to have them read as soon as possible in the church at Hippo, and also, if it can be done, in all the churches established within the diocese, that all may hear and become thoroughly familiar with the men who have confessed their crimes, not because the fear of God subdued them to repentance, but because the rigour of their judges broke through the hardness of their most cruel hearts—some of them confessing to the murder of one presbyter [Restitutus], and the blinding and maiming of another [Innocentius]; others not daring to deny that they might have known of these outrages, although they say that they disapproved of them, and persisting in the impiety of schism in fellowship with such a multitude of atrocious villains, while deserting the peace of the Catholic Church on the pretext of unwillingness to be polluted by other men's crimes; others declaring that they will not forsake the schismatics, even though the certainty of Catholic truth and the perversity of the Donatists have been demonstrated to them. The work, which it has pleased God to entrust to your diligence, is of great importance. My heart's desire is, that many similar Donatist cases may be tried and decided by you as these have been, and that in this way the crimes and the insane obstinacy of these men may be often brought to light; and that the Acts recording these proceedings may be published, and brought to the knowledge of all men.
As to the statement in your Excellency's letter, that you are uncertain whether you ought to command the said Acts to be published in Theoprepia, my reply is, Let this be done, if a large multitude of hearers can be gathered there; if this be not the case, some other place of more general resort must be provided; it must not, however, be omitted on any account.
2. As to the punishment of these men, I beseech you to make it something less severe than sentence of death, although they have, by their own confession, been guilty of such grievous crimes. I ask this out of a regard both for our own consciences and for the testimony thereby given to Catholic clemency. For this is the special advantage secured to us by their confession, that the Catholic Church has found an opportunity of maintaining and exhibiting forbearance towards her most violent enemies; since in a case where such cruelty was practised, any punishment short of death will be seen by all men to proceed from great leniency. And although such treatment appears to some of our communion, whose minds are agitated by these atrocities, to be less than the crimes deserve, and to have somewhat the aspect of weakness and dereliction of duty, nevertheless, when the feelings, which are wont to be immoderately excited while such events are recent, have subsided after a time, the kindness shown to the guilty will shine with most conspicuous brightness, and men will take much more pleasure in reading these Acts and showing them to others, my lord justly distinguished, and son very much beloved and longed for.
My holy brother and co-bishop Boniface is on the spot, and I have forwarded by the deacon Peregrinus, who travelled along with him, a letter of instructions; accept these as representing me. And whatever may seem in your joint opinion to be for the Church's interest, let it be done with the help of the Lord, who is able in the midst of so great evils graciously to succour you. One of their bishops, Macrobius, is at present going round in all directions, followed by bands of wretched men and women, and has opened for himself the [Donatist] churches which fear, however slight, had moved their owners to close for a time. By the presence, however, of one whom I have commended and again heartily commend to your love, namely, Spondeus, the deputy of the illustrious Celer, their presumption was indeed somewhat checked; but now, since his departure to Carthage, Macrobius has opened the Donatist churches even within his property, and is gathering congregations for worship in them. In his company, moreover, is Donatus, a deacon, rebaptized by them even when he was a tenant of lands belonging to the Church, who was implicated as a ringleader in the outrage [on Innocentius]. When this man is his associate, who can tell what kind of followers may be in his retinue? If the sentence on these men is to be pronounced by the Proconsul, or by both of you together, and if he perchance insist upon inflicting capital punishment, although he is a Christian and, so far as we have had opportunity of observing, not disposed to such severity— if, I say, his determination make it necessary, order those letters of mine, which I deemed it my duty to address to you severally on this subject, to be brought before you while the trial is still going on; for I am accustomed to hear that it is in the power of the judge to mitigate the sentence, and inflict a milder penalty than the law prescribes. If, however, notwithstanding these letters from me, he refuse to grant this request, let him at least allow that the men be remanded for a time; and we will endeavour to obtain this concession from the clemency of the Emperors, so that the sufferings of the martyrs, which ought to shed bright glory on the Church, may not be tarnished by the blood of their enemies; for I know that in the case of the clergy in the valley of Anaunia, who were slain by the Pagans, and are now honoured as martyrs, the Emperor granted readily a petition that the murderers, who had been discovered and imprisoned, might not be visited with a capital punishment.
Source: Letters (New Advent)