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when a restraint is put upon the boldness of savage violence, and the remedies fitted to produce repentance are not withdrawn, this discipline should be called a benefit rather than vindictive punishment?