10 Our belief concerning that perverse and unjust Council is, that it was composed chiefly of traditors whom Secundus of Tigisis had pardoned on their confession of guilt; and who, when a rumour had gone abroad that some had been guilty of delivering up the sacred books, sought to turn aside suspicion from themselves by bringing a calumny upon others, and to escape the detection of their crime, through surrounding themselves with a cloud of lying rumours, when men throughout all Africa, believing their bishops, said what was false concerning innocent men, that they had been condemned at Carthage as traditors. Whence you perceive, my beloved friends, how that which some of your party affirmed to be improbable could indeed happen, viz. that the very men who had confessed their own guilt as traditors, and had obtained the remission of their case to the divine tribunal, afterwards took part in judging and condemning others who, not being present to defend themselves, were accused of the same crime. For their own guilt made them more eagerly embrace an opportunity by which they might overwhelm others with a groundless accusation, and by thus finding occupation for the tongues of men, which screen their own misdeeds from investigation. Moreover, if it were inconceivable that a man should condemn in another the wrong which he had himself done, the Apostle Paul would not have had occasion to say: “Therefore you are inexcusable, O man, whosoever you are that judge: for wherein you judge another, you condemn yourself; for you that judge do the same things.” This is exactly what these men did, so that the words of the apostle may be fully and appropriately applied to them.
11. Secundus, therefore, was not acting in the interests of peace and unity when he remitted to the divine tribunal the crimes which these men confessed: for, if so, he would have been much more careful to prevent a schism at Carthage, when there were none present to whom he might be constrained to grant pardon of a crime which they confessed; when, on the contrary, all that the preservation of peace demanded was a refusal to condemn those who were absent. They would have acted unjustly to these innocent men, had they even resolved to pardon them, when they were not proved guilty, and had not confessed the guilt, but were actually not present at all. For the guilt of a man is established beyond question when he accepts a pardon. How much more outrageous and blind were they who thought that they had power to condemn for crimes which, as unknown, they could not even have forgiven! In the former case, crimes that were known were remitted to the divine arbitration, lest others should be inquired into; in the latter case, crimes that were not known were made ground of condemnation, that those which were known might be concealed. But it will be said, the crime of Cæcilianus and the others was known. Even if I were to admit this, the fact of their absence ought to have protected them from such a sentence. For they were not chargeable with deserting a tribunal before which they had never stood; nor was the Church so exclusively represented in these African bishops, that in refusing to appear before them they could be supposed to decline all ecclesiastical jurisdiction. For there remained thousands of bishops in countries beyond the sea, before whom it was manifest that those who seemed to distrust their peers in Africa and Numidia could be tried. Have you forgotten what Scripture commands: “Blame no one before you have examined him; and when you have examined him, let your correction be just”? If, then, the Holy Spirit has forbidden us to blame or correct any one before we have questioned him, how much greater is the crime of not merely blaming or correcting, but actually condemning men who, being absent, could not be examined as to the charges brought against them!
12. Moreover, as to the assertion of these judges, that though the parties accused were absent, having not fled from trial, but always avowed their distrust of that faction, and declined to appear before them, the crimes for which they condemned them were well known; I ask, my brethren, how did they know them? You reply, We cannot tell, since the evidence is not stated in the public Acts. But I will tell you how they knew them. Observe carefully the case of Felix of Aptunga, and first read how much more vehement they were against him; for they had just the same grounds for their knowledge in the case of the others as in his, who was afterwards proved most completely innocent by a thorough and severe investigation. How much greater the justice and safety and readiness with which we are warranted in believing the innocence of the others whose indictment was less serious, and their condemnation less severe, seeing that the man against whom they raged much more furiously has been proved innocent!
Source: Letters (New Advent)