The Acts of the Conference of Carthage

Marcellinus, most clarissimus man, tribune and notary, said: I would indeed wish that the holiness of so great a multitude, which is reckoned under the religion of the one Christ God, were separated from itself by no dissension: but because that which the error of the ancient enemy long ago introduced, it is certain that God now wills to be corrected, lest the kindred religion make a spectacle for the nations any longer by its own contention, although it is above my merit that I should preside over this judgment, so as to appear to judge between those by whom it would rather have been fitting for me to be judged.

Nevertheless, because it is certain that this cause is to be conducted with God looking on and angels as witnesses—a cause which, under the examination of the heavenly faith, will either bring reward if proved sound, or judgment if found wanting—so that at last the truth may shine forth more clearly through the disputations of the bishops here present, let the imperial sanction first be read aloud, so that the manner and form in which the inquiry is to be undertaken may be perceived by all, although it is sufficiently clear that it has been made known to all. Martialis, exceptor, read it aloud.

The Emperors Caesars Flavius Honorius and Theodosius, pious, fortunate, victorious, and triumphant, ever Augusti, to their Flavius Marcellinus, greeting. Among the greatest cares of our empire, reverence for the Catholic law is always either first or alone: for we undertake nothing else either in the labors of war or in the counsels of peace, save that the devout people of our world may preserve the true worship of God—as it had long been fitting to bring about with the Donatists as well, whether by fear or by admonition, who disfigure Africa, that is, the greatest part of our realm, faithfully serving in secular duties, with vain error and superfluous dissension. Yet we are not weary of repeating more frequently those things which the devout authority of all former princes defined toward God, lest if anything should perchance be generated in our times to the injury of the Catholic law, posterity might with just judgment impute this to us.

Nor indeed is the word of the heavenly oracle hidden from our conscience, which the savage interpretation of the Donatists professes can profit by their error; which, although it might more mildly invite depraved minds to correction, we nevertheless commanded it to be abolished even before, lest any occasion be afforded to superstitions. Now also we judge that subterfuge must be excluded by similar authority, and we rightly declare that we willingly remove those things which had been established, lest anyone should think he is able to sin against divine worship with us as his authors.

And although the full truth of the Catholic law is one and manifest in the judgment of all, confirmed by the right worship of men and by heavenly sentence, yet for the sake of the pursuit of peace and grace, we have willingly admitted the legation of venerable men, bishops; which desires that the Donatist bishops be assembled at the gathering of a most celebrated city, so that, with priests chosen whom each party shall have selected, after disputations have been held, manifest reason may refute the superstition. We command this matter to be concluded within four months, so that our clemency may be able to recognize more quickly, as it desires, the minds of the peoples converted.

But if within the appointed time the bishops of the Donatists shall studiously have avoided meeting, let the periods of the contumacious be concluded by the summons of a threefold edict: when these have been completed and passed, if when summoned they shall have disdained to be present, let the people who shall have recognized their teachers overcome by silence yield together with the churches, and let them at length rejoice that they are vanquished, and let them know that if not to our commands, yet to the true commands of the Catholic law they must be obedient.

For this disputation indeed we wish you to preside as judge in the chief place (whatever also you have previously received in mandates, you remember most fully) and we wish everything, both in assembling the bishops and in summoning them if they shall have disdained to be present, to be sustained before you, so that both what was previously commanded and what you now know to have been established, you may be able to fulfill with proven diligence; observing above all things that those things which antiquity long ago ordained concerning the Catholic law, or which the religious authority of our parents established, or which our serenity has confirmed, you keep whole and inviolate, unmarked by any new subterfuge.

So that indeed competent aids may not be lacking to your acts, our serenity has admonished the right honorable proconsul and vicar, that if they desire to retain the standing of their own dignities, if their staff wishes to avoid extreme punishments, they shall cause necessary persons to be assigned in abundance both from their own offices and from the staff of all judges. It will then be the concern of your diligence, if you shall have learned anything to be delayed by any artifice, to indicate it by sending reports, so that fitting correction may punish the negligent. All things indeed which either the completed disputation shall have confirmed when the bishops are assembled together, or which the sentence pronounced against the contumacious shall perchance have established when they desist, it will be fitting for you to report; so that we may be able to recognize more quickly what our command has accomplished toward confirming the Catholic faith. And by the divine hand. Farewell, Marcellinus most dear to us.

Given on the day before the Ides of October at Ravenna. In the consulship of Varanes, a man of most distinguished rank.

Marcellinus, most illustrious man, tribune and notary, said: Let the venerable law, having been read aloud, be inserted into the present proceedings, whose determination has clearly appeared, from which the form of my edicts shall now be recited in order. Martialis, the secretary, read aloud: What the most clement prince, our lord Honorius, has decreed for the confirmation of the catholic faith is shown by the tenor of the aforementioned documents: for, willingly receiving the legation of the venerable bishops, he has not suffered Africa, ever devoted to his rule, to be disturbed and dishonored any longer by the various kinds of religious divisions; for out of zeal for peace and faith he wished the dissensions of so many peoples, arising from ancient persuasion, to be settled by the manifestation of truth, so that those whom he perceived could not be calmed by the principal sanctions issued by him and drawn to a single sentence of faith, he might recall by means of a disputation held between both parties.

For he wished all bishops of both the Catholic and the Donatist party to be assembled in one place, so that, with more learned men chosen from each side and the truth of the certain faith having been discussed, plain reason might convict superstition: to the end that whatever each one thinks can properly be urged on behalf of his own party may be brought forward into the open, and so the light of the true faith, even if late, may shine forth. For the harmonious petition of both parties provoked this principal decision. For just as a conference was recently requested by the Catholics, so it is beyond doubt that a short time before the bishops of the Donatists had requested a conference before the courts of illustrious powers. And since the clemency of the prince has willingly given his assent and has decreed that a universal council be held within Africa, both parties requesting it alike, he has wished me to sit as judge in the first place at this disputation.

Wherefore I admonish all bishops throughout Africa of both the Catholic and the Donatist party by the tenor of this edict, that within the time prescribed by law, that is within four months, which period will without doubt be concluded within the day of the Kalends of June, they should not delay to come together to the splendid city of Carthage for the purpose of holding a council, lest that party appear to have passed judgment on the merit of its own faith which shall be found to have been absent.

I also admonish with equal warning all the curators, magistrates and men of rank of all the provinces, as well as the agents, procurators, or elders of individual places, under penalty of loss of their own reputation and dignity and peril of their safety, that they hasten to bring together the bishops of both parties in the cities and places in which they reside, either under the making of official records or under any written document remaining in evidence: so that if they cannot be found in the cities at that very time, the form of the imperial precept as well as the tenor of this edict may be made known to them even when sought out through the countryside, so that within these four months I may learn through the report of the councils the will of each party.

I also wish the bishops of the Donatist party to know that if any of them shall have replied that he will be present, the church which perchance is held by the Catholics in accordance with the imperial precept shall be handed over to him forthwith, with all its rights, without any delay, through men of rank. But if all or individual ones, remaining in their own places, shall have replied that they will be present, both the churches and those places which shall be established to have been theirs or to have been held by them are to be restored to their right and ownership through the insistence of the aforesaid councils, so that, the same condition having first been restored to them, the beginning of the disputation may be commenced.

And since the most august prince has wished to commit to me the sum of so great a business, I also freely acknowledge this, that if any hesitation is brought forward concerning my own person, I shall not refuse to have another judge, whom the Donatist party and faith shall themselves have chosen, of superior or equal rank, sitting with me. But whether I shall be present to judge in this matter with another or alone, I promise by the admirable mystery of the Trinity, by the sacrament of the Lord's Incarnation, and by the safety of the above-mentioned princes, that I shall judge nothing other than what the examined allegations of the parties shall have been able to demonstrate and what the faithfulness of truth shall have found.

Nor indeed could I pass over in silence this point, that they should know that whether sentence be pronounced for the Donatists or for the Catholics, the bishops of the Donatists shall in no respect suffer any molestation, but shall return to their own places free and exempt from every kind of injury: which I promise by the dread day of judgment and by the oaths mentioned above that I shall so perform. Moreover, all who had been sent to the individual provinces should know that they ought in no respect henceforth to trouble any of the Donatists in any way, nor to cause them any annoyance from the previous execution, unless they prefer to be subject to punishment for contempt of the more recent precept. Furthermore, it shall be free for all persons of the Donatist party to complain of the extortions and depredations of those who were sent, if they know any to have been perhaps committed, so that upon proof of the nature of the crimes a fitting punishment may proceed against them.

And in another hand: Let it be posted.

Marcellinus, a most illustrious man, tribune and notary, said: With all things preserved and unimpaired that are deferred by the laws, let the edicts be read out in order, just as I also previously established the form.

Martialis the recorder read aloud. The magnitude of this matter, which is undertaken for the recognition of truth and religion, even if it were weighed with but little of its own importance, ought nonetheless to be assessed by the very gravity and authority of those disputing. For no one doubts how great is the weight of a cause which is to be examined among persons who are bishops. But since the august dignity has entrusted to me the cognizance of this disputation, and has given me as judge to those whom, out of reverence for so great a name, I acknowledge to be my superiors, I have provided for the concern of my fidelity with this consideration: that I wished my judgment itself to be judged.

By the authority of this proposal, therefore, I have decided that all the bishops of both parties should be advised that no more than seven bishops of each of the two parties shall hold a mutual colloquy of disputation with one another—those whom the choice of their own party shall have appointed to the duty of disputing—since the imperial authority has commanded that a fixed number be selected from the parties.

There shall also be present another seven, chosen by the judgment of each party's bishops: who, maintaining from the outset throughout the entire colloquy the restraint of silence, shall understand that they are present for this purpose alone—that if any of the disputing seven on either side should wish to take counsel with his own people as well, he may withdraw with them to one side, and there, having patiently shared the reasoning of the discussion, return to his own place, to keep faith with his duty, so that the one for whom it is necessary may commend by silence what is to be heard; and the other, to whom that office belongs, may by speaking confirm what has been undertaken. The most suitable place for the conference shall be the Baths of Gargilius, to which the same bishops alone who have been designated must convene on the first day of June.

From which it is indeed clear that no assembly of the people whatsoever ought to be held there, since not even all the bishops themselves are permitted to gather there. For since the patience of disputing, which is the friend of silence alone, shrinks from all the noise of a crowd gathered in throngs, it matters not whether it be impeded by a press of people or by a multitude of bishops. Therefore let the aforementioned bishops alone convene at the aforesaid place and time: yet in such a way that all the remaining bishops of both parties, before the day appointed for the examination, shall designate by letters sent to my authority from both sides that they will ratify whatever shall have been transacted by their seven fellow-bishops on each side. To these letters, however, all shall also add the testimony of their own subscription before me. For it is most equitable that the entire proceeding of those who are chosen by all should be promised as ratified by all.

Let no layman, therefore, nor any bishop beyond the prescribed number presume, contrary to this prohibition, to approach that most tranquil place of the council; but rather let them also assemble their own congregations with a pious admonition of quiet and modesty, treating this beforehand through their own churches, to the end that from the day and place of the disputation all the multitude shall hold itself back, so that they may prepare the people, soothed by the religious discipline of patience, for Christian peace. For not only bishops, but also the rational people consent to this judgment, with the aforesaid disputants: and where the greater occupation of minds stands fixed, seeking the truth, nothing turbulent, nothing tumultuous, nothing finally unseasonable ought at all to make a noise.

For in order that what profits the salvation of all may afterward be made public, it ought first to afford secrecy to those examining the truth: but the sentence is to be promulgated by me in all respects in such a way that, released into public knowledge, it may be weighed with the entire people of splendid Carthage as judge. For thus the whole order of the completed disputation shall be laid open to the eyes not only of this city but also of the entire province, so that both the pleadings of the disputing bishops and the series of my own pleadings following upon them shall be set forth in volumes published to the public. For this is the security of faith in a judge: that he does not fear to be judged concerning himself.

In order, therefore, that no calumnious suspicion may creep in any degree into the examination of eliciting the truth, and that no cloud of any party's objection may at all obscure the clear light which the absolute faith of evident proofs shall purge for the public minds; this also has been necessarily provided against the deceits of suspicions and the contrivances of deception. Let all know that it is not only fitting but also expedient to observe the following: namely, that with my own interpositions, I myself subscribing first throughout, all the disputing bishops also shall subscribe without any excuse whatsoever to their own pleadings on the schedule. For the merit of faith demands that against one who shall have attempted perhaps to withdraw his faithless assent from his own assertions and to deny what he has said, the authority of his own testimony shall also stand firm; wherein victory profits truth alone.

Moreover, those who perform the office of recording, besides those who await my authority from the public offices, shall also be obliged to stand by in turns, four ecclesiastical notaries from each of the individual parties: lest the fidelity of these waver through any ambiguity, four bishops chosen from each of the individual parties by the judgment of their own people shall be set over them, so that they may guard those same recorders and notaries with watchful and diligent observation, to the end that, having gone out in turns with those same recorders and notaries, they may thereupon cause what has been said to be set forth in clear transcription, so that no less, while the aforementioned bishops 249 are still engaged in the disputation, some portion of the question already concluded may pass into evident writing, so that straightway, furnished with the subscription of the seven bishops, they may give swift notification to public expectation.

After the first day of the conference, moreover, the deferred cognizance shall make room on the following day for the transcription and subscription of the proceedings, so that if anything perchance remains over from the preceding conference, the examination shall recur to the third day. The entire space of conferring in turn shall therefore be divided by the interval of one day, in which the proceedings to be subscribed in the meantime may be transcribed, with the custody of the aforementioned providing this, who shall measure their office to this end—not that they say anything, but that they preserve what has been said. But until, the course of the questions being run through, the expedited truth shall unravel all ambiguities, the schedules written and likewise subscribed in turn shall be sealed by the impression both of my seal and of those eight guardians.

The authority of this edict shall also be made known to the Maximianists, by which they shall understand that they must abstain from that council which the religious precept of the clement princes has established to distinguish and adjudicate the entire conflict between Catholics and Donatists, and that it can in no way avail them that they flatter themselves with the name of Donatists, since they are said to have been condemned by the Donatists. If anyone of those things which have been carefully provided, faithfully established, and diligently ordered against the snares of manifold suspicion of every kind, which the tenor of this proposal embraces, shall in any way be unwilling to observe, he not only confesses what he thinks of his own cause, but also shows what he is contriving. It suffices meanwhile for the cognitor that such a prerogative of this justice's admonition concerning all the bishops has made the people of the Carthaginian congregation a witness to himself, whom he is soon to have as judge.

It remains that before the day of the council all the bishops of both parties, with delay entirely cut off, shall promise by their letters sent to my authority that they will fulfill the entire tenor of this ordinance; this above all being expedited: that those same letters by which they shall profess to have consented to all things of this edict shall be sealed by the subscription of the primatial bishops only. For it suffices for those letters to have attached to them the universal (so to speak) subscription of all the bishops, by which they shall have promised that they will ratify the entire order of the disputation of the conferring seven.

Marcellinus, most illustrious man, tribune and notary, said: This edict also shall be received into the body of the acts. But lest anything seem to be lacking to the full faith of the proceedings, let the office go through all things which have been either written or submitted to the courts by the parties in the meantime.

Petilianus the bishop said: You have played your part well, noble man, in that you have promised both parties that you will be just toward them, and have made yourself agreeable to public ears. But because all these things are before the case, not concerning the case, we first petition your authority that he who disturbed me by summoning me through edicts, who called me away from my see, who caused me to endure the hardship of a journey, should set forth the petition he desired, as he wished, why he desired my presence to be there, so that I may know whether or how I ought to respond. And in another hand: I, Petilianus the bishop, have acknowledged this.

Marcellinus, most illustrious man, tribune and notary, said: These matters will be dealt with more properly in their own place and order. In the meantime, let the office carry out what has been decided.

Romulus the clerk read aloud: A copy of the notarial document of the Donatists. After the consulship of Varanes, most illustrious man, on the eighth day before the Kalends of June, to Flavius Marcellinus, most illustrious and distinguished man, tribune and notary: Januarius, Primianus, and the other bishops of sincere Christianity and catholic truth. We make known to your sincerity that we, convened by your edict, flocking together from the various parts of Africa, entered Carthage on the fifteenth day before the Kalends of June; of our arrival both all those whom Carthage contains are witnesses, and your sincerity is not unaware. For so great is the force of your oath expressed in your edict, that, excepting those whom adverse bodily ailments detain in their sees, or whom illness overtook on the road, neither advanced age could hold back the most elderly, nor the hardship of a long journey.

And whereas this one edict alone would have sufficed before the case, you deigned to issue another as well, in which, while many things move us, this above all causes great anxiety: that you judged it necessary for us ourselves to give our assent to your edict by our letters, since neither public custom nor the practice of judges requires this. Wherefore we greatly exhort your sincerity that, keeping faith with the prior edict, you command all of us to come to you, so that as soon as possible the number of us may be established—whom our adversaries have often falsely claimed to be few—so that, when all things proper to our party have been duly arranged, the disputation may follow; lest either the edicts of your sincerity contradict one another, or anything prejudice us, so that, having commanded all to come, you now seem to wish only a few to be present. For it is both fitting and expedient that, with all present, a few should speak on behalf of the common cause.

A copy of this notarial document we have retained with us. And in another hand: I, Januarianus the bishop, have subscribed. And in another hand: I, Primianus the bishop, have subscribed.

Marcellinus, most illustrious and distinguished man, tribune and notary, said: Since, as justice dictates, I recall having once pledged in good faith that whatever I should transact with the bishops of either party I would transmit to public knowledge, there arises for me occasion to repeat the edicts. For since the form of the earlier programme contains those provisions by which an orderly hearing may follow an unimpeded course of judgment, I had deemed it necessary to demand by edict from all the bishops what each party thought concerning that same matter: what they thought concerning the conditions recently proposed, they made known to my direction, partly through a notarial document, partly through a letter. I judged it right to offer to public view the form in which both the letter and the notarial document are contained, so that, when the consideration of the whole people has examined what the text of the preceding edict required and what has been reported in the response of each party, it may clearly perceive how the intention of the examiner stands.

Having introduced this, he read the same aloud.

Marcellinus, most illustrious man, tribune and notary, said: It has become evident that, the number having been provided to the edict of my direction which they would accept by the will of all, the conduct of the business was to be carried out, since the reading of the most sacred law has also made plain that this was its will. And because it has been shown that the Catholic bishops consented to the tenor of the edict, let them deign to make known whether the bishops of the other party have also given satisfaction in this matter, or whether they now wish to give satisfaction.

Emeritus the bishop said. The case has been argued, as I think, and the person of those still in conflict has not yet been established. For upon you, most truthful of judges, nothing else is incumbent than to hold to the truth. For if we turn aside the urgency of all matters—first concerning time, concerning mandate, concerning person, concerning the case—then at last we must come to the merits of the matter. But if these things are passed over, according to the forensic display and boasting of that controversy which tribunals claim for themselves, the legal rite and language must always be observed by us; judge, most eminent man, in a Christian matter: because God judges this cause, who, weighing both our merits and the sentence of the true judge on an equal balance, takes heed lest it tip.

For in the edicts set forth by your presence, so far as pertains to the will of the judge, we see nothing rashly, nothing incongruously, nothing adversely against anyone to have been put forward; so far as concerns our responses, since they are known to be superfluous before the case and unnecessary before the merits of the principal matter, neither can our proposition harm me, nor their response harm us, since, with all things preserved before the case, having now entered the threshold of judgment, we are able to define what the merits of the matter are. And in another hand. I, Emeritus the bishop, have reviewed this.

Emeritus the bishop said. Admonished indeed by the edicts of your integrity, we shall preserve all things whole and unimpaired for the case. Let us make known this case, if time, if the day permits. For we know both from the edict of your respectability and from the tenor of the sacred rescript that the case must be concluded within four months. If this is the day, let us come to the case. For we cannot dispute anything concerning the merits unless first judgment has been rendered concerning the day. And in another hand. I, Emeritus the bishop, have reviewed this.

Marcellinus, most distinguished man, tribune and notary, said. From the second edict you could have learned the day, which day appears to have been fixed as the Kalends of June, since the report of the office has made this plain as being today, and the reading of the edict has shown it. It remains to be made known whether satisfaction has been given by your parties regarding the ordering of the matter and the selection of persons. For indeed in a confused multitude, the person cannot be certain, since this is established as defined even by the laws.

Petilianus the bishop said. That we came to this city on the fifteenth day before the Kalends of June, we both attested in our notifications and made witness not only all of Carthage, I say, but all of Africa; who, had we not been present, the opposing party would without doubt already be demanding that sentence be pronounced against us as contumacious, and that the time had already been fixed, after which those arriving later would be permitted neither to plead anything nor to respond.

If therefore, noble man, you hold and govern the middle balance of your judgment so evenly suspended that it tips toward no side—that favor which you know has been granted to you by imperial authority as your condition and precept, so that you may be able to pronounce sentence against the contumacious—now with that judicial movement you will need to observe what will issue forth pure: that you are rendering judgment against that party which has withdrawn, which was not present, which took delight in my labors, which also insulted me in this, that for so long this most holy chorus, this heavenly senate, should watch the authority of your judgment, should keep vigil almost daily, and should not have conducted without anxiety those very things of God which are sacred. Pronounce therefore, I pray, judgment, and bring forth sentence—I say not harsher than what you could have pronounced against me, but such as the laws and the imperial precept intimate to you and enjoin upon you.

For it is not right that one who could have pronounced judgment against us should now be able to refuse to pronounce sentence against my adversaries. And in another hand. I, Petilianus the bishop, have reviewed this.

Marcellinus, a most distinguished man, tribune and notary, said: I do not believe that your holiness and learning is unaware that it was established by imperial precept that whichever party had refused to be present at the summons of the threefold edict should incur the judgment of the contumacious. For the most clement emperor, having weighed the matter with moderation, established that if the parties had been unable to come to the appointed place within the fourth month on account of the length of the journey, an interval of two months should be granted. Which thing indeed, lest it seem to arise from the complaint of any party, I appear to have observed.

Wherefore, concerning the matter of time—since this is an objection more proper to the forum than to bishops, and one which could not have prevailed even in a public court according to the form of the imperial precept, since it is sufficiently clear that both parties have observed it, as I said above—deign to make known whether those have been chosen who can conduct the business from the will of all.

Emeritus the bishop said: The preliminary objection to the case is the judge's speech; that forensic usage and the habit of legal disputation ought not to waver among bishops, where the cunning of laws and the controversy of jurisprudence is at issue, when the state of faith and the discussion of all holiness is being treated. Which indeed we receive with chaste and well-believing ears, most distinguished man; but lest perchance these things be turned back to our ruin, and the right of contending again pass over to our adversaries, and this be asserted to us with this legal precept observed: you ought to consent to this form of law, fix this very thing by judicial authority, that the rule of episcopal custom requires us to be present in holiness, so that the case may be heard not by the tricks of law nor by the bonds of anyone's eloquence, but by the New and Old Testament, which God established, which Christ the Lord consecrated. And in another hand: I, Emeritus the bishop, have acknowledged this.

Marcellinus, a most distinguished man, tribune and notary, said: Lest anything seem to be done out of order—since this also is contained in the rule of truth and is dictated by the authority of the laws—it is first necessary that the number of persons be designated; then at last those things which are proper to the parties will be more rightly carried out by those who have been confirmed. Lest these things seem invalid among uncertain persons.

Emeritus the bishop said: Since all who are to give mandates appear to be present, and the person of those present is held rather than the word of those absent, what is it that can move the proceedings, when, after all the established matters which first descend from the law and which are accustomed to make the beginning of a case, we then at last come to the choice of advocates according to the edict of your sublimity's judgment? And in another hand: I, Emeritus the bishop, have acknowledged this.

Aurelius, bishop of the Catholic Church of Carthage, said: The reading of the mandate will be able to inform your understanding. And in another hand: I have acknowledged this.

Petilianus the bishop said: He repudiates the law of God who doubts what he ought to profess. And in another hand: I, Petilianus the bishop, have acknowledged this.

Marcellinus, a most distinguished man, tribune and notary, said: I wished these things to be confirmed by the response of the parties; for the rest, it is certain that I, since all things are now conducted by imperial precept, through which established rights exist, am altogether unable.

Aurelius, bishop of the catholic Church of Carthage, said: We do not repudiate the law of God when we press for this mandate to be read, by which our entire assertion can be fully taught. For we cannot go beyond the limit of this mandate, which our fathers and brothers of the universal council of the catholic Church, assembled here at Carthage, entrusted to us. And in another hand: I have reviewed it.

Emeritus the bishop said: It is a matter of faith, which can be conducted even without a mandate by its own right. For God does not have his eyes elsewhere, nor has he abandoned heaven so as not to attend to his own cause. What is this inquiry about the mandate, or about the obligation of the mandate, about the subscription, about the form, about the formulas? What is this, that in this cause, as though of one who either opposes or has not been mandated, a judicial pledge demands arbitration: when each and every one conducts his own cause and the business of his own salvation, and the mandate of the others is superfluous, since the entire person of the Church consists in one?

Let your integrity, noble sir, whom we know already to shine with a certain light in that seat, take heed that truth ought to preside in such a way that if a forensic dispute and a conflict of law is put forward in the midst, let it be set forth: but if that simple truth by which life is given, by which the age is reborn, by which the world has been freed, is sought out in this spiritual judgment by disputation, I ask, most eminent sir, let them set forth both and from both let them choose one.

For either they cannot omit the merits of law and the prescription of causes; or if, concerning those most sacred laws to which common reverence must be shown, patience leads me rather to embrace and hold them, and as it were to adore and always venerate the pontificate of a heavenly altar, so that for you also, as an upright judge, according to the established disposition of your mind and the order of your custom, the cause of judging may be certain, and your judgment may not waver—concerning which God and the people will be the judges. And in another hand: I, Emeritus the bishop, have reviewed it.

Fortunatianus, bishop of the catholic Church, said: The catholic Church, which is spread, as it has been promised, throughout the whole world, since it has always offered to the opposing party a conference both concerning the faith and concerning the action which they criminally charge against us, will be more easily instructed by public documents, by the testimonies of many, and by the agreement of magistrates. But so that the cause of the conference itself may be secure on every side, a confused multitude does not serve. Let therefore our brothers here present choose, since they wish it, from those standing on the opposing side certain leading men of their order, to whom they may commit the entire sum of the action, and let them make a stipulation of the present proceedings; so that if by chance they have fallen short in the assertion of the same cause, the recitation of the acts may demonstrate without hesitation that they are defeated in the person of those who have undertaken a business of this kind.

And therefore, since there is no need to conduct the cause with manifold delay, let them choose persons according to the tenor of the proposed edict who may undertake the cause of the conference, so that the truth, always approved by all, may be shown more clearly than light. For that the mandate contains nothing of law and forensic quibbling will be more easily shown by its reading, if the opposing party permits. And in another hand: I have reviewed it.

Marcellinus, most distinguished man, tribune and notary, said: Your submission is certainly in accord with the imperial precept, by which it has been established that a fixed number be chosen from each party. For whether a matter of law or of faith is being treated, definite persons must stand forth, so that whatever has been transacted may obtain full force.

Fortunatianus, bishop of the catholic Church, said: Let your spectability therefore deign to hand over the received mandate to the office and to order it to be read aloud, so that from it the opposing party, since it deigns, may be able, thus instructed, to respond to all objections, whence it may also become clear that we wish to evade nothing under public law. And in another hand: I have reviewed it.

Marcellinus, most distinguished man, tribune and notary, said: Your holiness has clearly received the declaration it was awaiting: let it therefore now permit the mandate to be read aloud, with the reservation that both parties acknowledge that I must observe the form of the imperial precept. Fortunatianus, bishop of the catholic Church, said: If your spectability so orders, let it be read.

Marcellinus, most distinguished man, tribune and notary, said: All things offered by the parties, so that every ambiguity may be cut off, are to be read aloud by the office.

Petilianus the bishop said: Without prejudice to our side let it read, with the reservation that this objection is forensic, not legal. For to make use of a mandate, to presume upon these formulas, is not the custom of the Church, but of forensic sport and contest, and of that exercise which more often rests upon arguments than upon any faith. Therefore let the censure of your nobility and spectability deign to pause again and again at this point, to declare whether they wish the cause to be conducted by divine law, and that same disputation to be ventilated between the parties; or whether they wish to make use of public laws altogether: since in either case very many things are available to me; so that if he has departed from the law, he demonstrates that he is not a bishop; but if he has held to the law, then I ought to respond to him as to one who desires to be a Christian. And in another hand: I, Petilianus the bishop, have reviewed it.

Marcellinus, most illustrious man, tribune and notary, said: If this dispute were being handled among bishops alone, with no judge of secular authority presiding, then indeed it would be within their discretion, and perhaps justly so, to wish that nothing be handled by public law. But as for me, since those who appointed me as judge are themselves the makers of the laws, it is certain that I cannot deviate from the laws: although your holiness has most openly received the profession of the party coming from the other side, in which it is recognized that what your prosecution requested has been expressed. Wherefore let the mandate be read aloud through the office.

Petilianus the bishop said: Let him read. And in another hand: I, Petilianus the bishop, have reviewed this. Romulus the clerk read aloud: After the consulship of Varanes, most illustrious man, on the third day before the Kalends of June. A mandate made in the Church. And while he was reading, Adeodatus the bishop said: Let him read without prejudice to us. Marcellinus, most illustrious man, tribune and notary, said: I have repeatedly interposed that everything be read with the responses intact. Romulus the clerk read aloud: A mandate made in the Catholic Church of Carthage by the universal council of Catholic bishops, with Aurelius, bishop of the Church of Carthage, and Silvanus, primate of Numidia, presiding. Although the cause of the Catholic Church against all false accusations

Marcellinus, most illustrious man, tribune and notary, said: Since from the reading of the mandate, which will be attached to the present proceedings, it has become clear that divine testimonies rather than forensic bonds have been brought forward, and that the tenor of my edict likewise has been observed, namely in the selection of the number, and that the form of the imperial constitution has been no less kept: and therefore, since the order of justice demands this, let also the subscriptions of all be read aloud.

Romulus the clerk read aloud: I, Aurelius, bishop of the Catholic Church of Carthage, being present in Carthage before Marcellinus, most illustrious man, tribune and notary, have received this mandate and subscribed to it. Likewise in another hand: I, Silvanus, of the first see of the province of Numidia, being present in Carthage before Marcellinus, most illustrious man, tribune and notary, have consented to the mandate made by us and subscribed to it. Likewise in another hand: I, Valentinus, bishop of the Church of Vaiana, being present in Carthage before Marcellinus, most illustrious man, tribune and notary, have given mandate and subscribed. And the remaining subscriptions of those whose names are contained in the mandate.

Petilianus the bishop said: It is a matter of subtle argument, that they should make the judge a witness. For they could have appended the names of any minor clerics whatsoever to their own names, and feigned that honor to be present which they consider the highest among themselves, since this is precisely what is in doubt. Therefore let the notaries come individually before the tribunal and be recognized by us. For we fear the stratagems, often long in the devising, which they daily contrive to the ruin of our simplicity. This therefore is the first matter concerning which we have taken care to inform your sublimity through our notarial office, and we have not ceased to ensure that our number in the first place be established, which they always falsely represent to the imperial ears as being small: for whatever is always elicited against us is obtained as though against very few. And in another hand: I, Petilianus the bishop, have reviewed this.

Bishop Petilianus said. Most wisely and with foreknowledge you have foreseen all things, noble sir; for in my flock, that is, in the city of Constantina, I have as an adversary Fortunatus. Moreover, in the midst of my diocese, there is now one established—or rather, they themselves have established him—by the name of Delphinus. Your excellency already perceives from this that two have been fictitiously set up against one flock, so that they may increase the number, and yet the number of flocks is not the same as the number of those persons. And this is a very great argument, that they may appear to surpass us in this manner, if two or three are set up against one.

For even in the flock of my most holy present colleague and brother Adeodatus, that is, in the city of Milevis, the matter has been so arranged that he has one adversary there, another in the city of Tucca, which anciently belongs to this man's flock, and appears to have been established there two years ago; and a third is in a place called Ceramussa. Therefore, since there is but one bishop of the city of Milevis on our side, three appear to have been established by them, so that their number might be increased, or perhaps might exceed the number of the truth. It must therefore be inquired when their number was increased, what origin it had, whether novelty brought this about or antiquity gave it, whether, to put it thus, this fault of novelty was set against hoary antiquity. And in another hand. I, Bishop Petilianus, have reviewed this.

Fortunatianus, bishop of the Catholic Church, said. But whereas the most grave Petilianus a little while ago professed that the cause of the Church must be established by the divine Scriptures, and determined that it ought to be sought by divine testimonies, he is now shown by his own prosecution to be wandering through various matters concerning the persons of those ordained. And therefore, lest we appear like him, your sublimity has received the tenor of the decree; and what the statutes of the Fathers have willed has been shown by the reading of it. It is fitting that those present, with all dilatory actions repelled and cast aside, should now choose from their own side suitable persons who can give account of the cause that has been instituted, and should set forth the consent of all in these acts, so that, as the truth becomes clear, it may be ambiguous to no one.

For indeed, once the persons are confirmed, neither party will dare to say that the sentence cannot or ought not to stand, since their consent will have been set forth in the acts; and therefore let them show that they confirm either by the subscriptions which we are conducting, or let each one make known his own consent, so that the action of the Church may be able to begin in its proper order. And in another hand. I have reviewed this.

Marcellinus, most illustrious man, tribune and notary, said. Concerning those incompetently ordained whom the most holy Petilianus has included, it is certain to me, who appear to have been appointed judge over the other party by imperial authority, that I cannot take cognizance of this matter. It remains that, if your venerable self believes the number of bishops who have been established by the office within this splendid city of Carthage to be correct, you would deign to make it known at once.

Bishop Petilianus said. He who stands on the other side has not understood what I was pursuing; for since the matter now concerns the number of those who gave mandates, it was especially incumbent upon my diligence to inquire where those are who gave mandates to those present: then it is not beside the point to establish what I have pursued in your judgment, noble sir. Since, therefore, they have also suffered the loss of those things which they could have used under forensic barriers and laws, and have read out a mandate which is not so much forensic as legal, I recognize from this that I ought to respond to them competently by divine law. But, so that first the number of those who gave mandates may be established, and how many from my party have given mandates or how many are about to give them, I first request of your nobility that it may not be superfluous for your highness to have to render judgment concerning the number of each party. And in another hand.

I, Bishop Petilianus, have reviewed this.

Aurelius, bishop of the Catholic Church of Carthage, said. We avoid tumult; for this reason they did not come; but the mandate is most firm, which has been read to your nobility. If the number is in doubt, let the provincials go to the Moors, let the provincials go to the Numidians, let the provincials go to the Byzacenes, let them also go to the Tripolitanians, let them go to those of the proconsular province who are present from among their number, and let them recognize our men who have subscribed to this mandate. And in another hand. I have reviewed this.

Emeritus, bishop, said: The proceeding contradicts itself, and on one side there is a divergent contention; one party presses that they ought to come, the other says it does not know whether they can be present. Let them agree among themselves in their opinions, and by their own private deliberation let them say what they prefer to choose. For we await, in accordance with your merits, whatever these men shall have said, whatever they shall have thought more worthy of choice. For we have not charged a crime of falsity, but we wish this very act to be approved by judicial proceedings. For better is the attestation which is entered into the present records, and the credibility of truth is confirmed by the truth of the documents. For the matter is one about which someone will be able to say: I did not give the mandate, I was not present, I do not know. For these things do not proceed from me, but rather from those very persons who fabricate them.

Let them take counsel among themselves and by their own judgment settle everything; so that if they wish to give a mandate in the present moment, just as we now in the present moment are making known to the records of your highness the persons of those who gave the mandate, let them have it in brief, let them remove the falsity from the midst, we grant them all that could have been drawn from the instruction, so that by the judgment of your highness it may be apparent from their side and from ours what the mandate may be. And in another hand: I, bishop Emeritus, have verified this.

Augustine, bishop of the catholic Church, said: Care had to be taken lest a tumult arise, and this you provided for wholesomely and prudently. And since it is to be feared that, when some disturbance has broken out, it will be attributed rather to us, and it will be uncertain to people from which side it arose, we think nothing better and more peaceable for your nobility to decree than that, once all the names have been read out, whoever is in doubt should come forward. And in another hand: I have verified this.

Emeritus, bishop, said: The patience of your nobility and the inmost reserve which you show to all has been manifest to the eyes of all; I hold fast to the integrity of your judgment, I hold fast to the testimony. With the course of the sun nearly completed, the whole day has passed, and no tumult has yet arisen, while so great a multitude of priests of God stands present. For who, apart from those whom the truth of the judgment has commanded to be present, has responded either by murmuring among themselves or with stammering speech? With the silent stillness of the tongue they await the complete and severe sentence of the truth-telling judge, and with necks almost bowed, as he said, hanging upon you with full face, they anxiously search out what you judge concerning the cause of God. No noise, no speech, nay rather continuous prayer to God and private voice to heaven.

Whence can this public tumult arise from private and buffoonish speeches, by which either easy clamor, or from the very habit of daily quarreling, fearing not the dread of judgments, could spring up? To this end the priests of God, so many bishops, desiring to hear the cause of their soul and the account of their faith, disturbing it with superfluous tumult and a certain quarrelsome strife, unwilling to descend to the truth of the judgment, seek most shamefully to throw into confusion the action that has been brought. And in another hand: I, bishop Emeritus, have verified this.

Let your nobility observe how few things I reply to the many things of my brother. For if they shall have been willing to reply to us, the whole cause will perhaps quickly be concluded; it is to be feared that the reason no tumult arises from this crowd which is present is that there is no other multitude here upon which blame could be laid. And in another hand: I have verified this.

Marcellinus, most illustrious man, tribune and notary, said: The priestly multitude, contemplating the divine sentence on both sides, can indeed maintain silence even amid any great number of people; but this is certain, and can in no way be doubted, that a smaller number is more able to give consent through silence. Therefore, lest we linger on superfluous matters, if there is any doubt concerning the subscriptions, those whom your holiness believes were neither able to be present nor to subscribe, I shall cause to come before the judgment presently, so that at last, once the persons on both sides have been confirmed according to the imperial precept, we may proceed to the merits of the matter.

Alypius, bishop of the Catholic Church, said: A new thing is now demanded by the other party. For we, obedient to the edicted precepts, have come in as many numbers as were defined by the edict. But because this too must not be denied to the concern of those present, although it is not part of our present action to inquire about the number, nevertheless let those of our brothers who could be found present at this moment be ordered to enter; if any perchance have been absent, their presence will be shown to your eyes as well tomorrow; provided only that no delay of the cause arise, just as we are present as a fixed number chosen by the universal catholic council, let them also, now confirmed to assert their case, take upon themselves the entire burden of the cause, so that no delay can be opposed to the inquiry. And in another hand: I have acknowledged this.

Marcellinus, most illustrious man, tribune and notary, said: Let those venerable priests who are said to be present deign to come. And when the catholic bishops had entered, Marcellinus, most illustrious man, tribune and notary, said: I acknowledge that satisfaction has been given in every request of yours. And he added: The bishops whom you wished to enter are present; who, according to the form of the imperial precept and the tenor of the edict, are known to have chosen a fixed number to conduct the cause. Therefore, lest there be any further doubt or perhaps confusion, let the proper subscriptions be read out to each individual, so that, once recognized, they may deign to come forward.

Martialis the exceptor read out by mandate: Aurelius, bishop of the Catholic Church of Carthage, established at Carthage, in the presence of the most illustrious man tribune and notary Marcellinus, received this mandate and subscribed. In this manner all the rest subscribed. He likewise read out: Silvanus, bishop of the Catholic Church of Summa. The same said: I am present. Marcellinus, most illustrious man, tribune and notary, said: Let Silvanus, who did not receive the collation, withdraw. When he had withdrawn, the same read out: Valentinus, bishop of the Church of Vaiana. The same said: I am present.

Marcellinus, most illustrious man, tribune and notary, said: Therefore let the names of the subscribers be read out in order.

Honoratus, the clerk, read out: Numidius, bishop of the Catholic Church of Maxulita. The same said: I am present. Felix, bishop of the above-written place, said: I recognize him. Marcellinus, most illustrious man, tribune and notary, said: It is established that both are present.

Alypius, bishop of the Catholic Church, said: Let the counterparts of those two who have already gone out also come forward. They themselves demanded this. Let it therefore be seen who are present and who are absent. We wish this to be established. And in another hand: I have reviewed. And with the bishop approaching.

Marcellinus, most illustrious man, tribune and notary, said: Of what city is the venerable bishop? Adeodatus, bishop, said: Felix, bishop of Zumma, of our communion, who acts against Silvanus, is unwell.

Marcellinus, most illustrious man, tribune and notary, said: The excuse is acceptable. And he added: Let another be read out. And he read out: Marinus, bishop of the Church of Tabora. The same said: I am present. Victor, bishop of the above-written city, said: I recognize him.

Marcellinus, most illustrious man, tribune and notary, said: The record will retain the presence of both. Likewise he read out: Aurelius, bishop of the Catholic Church of the city of Magomazium. The same said: I am present. Marcellinus, most illustrious man, tribune and notary, said: Let the bishop of the same city from the opposing party come forward. Salustius, bishop of the party of Donatus of the above-written city, said: I recognize him. Marcellinus, most illustrious man, tribune and notary, said: These too are established to be present. Likewise he read out: Victor, bishop of the Catholic Church of Libertina. The same said: I am present. Januarius, bishop of the above-written place, said: I recognize him. It is my diocese. Victor, bishop of the Catholic Church, said: He has no one there.

Januarius, bishop of the party of Donatus, said: It is my diocese. Victor, bishop of the Catholic Church, said: Since he has no one there, neither a church nor anyone in communion, he falsely claims in vain that it is his diocese. Januarius, bishop, said: Did they communicate with you (or: with me) before your violence?

Petilianus, bishop, said: In the single congregation of our colleague Januarius here present, four have been established in a single diocese against him, so that the number might of course be increased.

Alypius, bishop of the Catholic Church, said: Let it be inquired how many years he has been bishop.

Petilianus, bishop, said: You are four against one.

Marcellinus, most illustrious man, tribune and notary, said: These matters do not pertain at all to the present proceeding. Let what has been begun be read through. He likewise read aloud: Opitatus, bishop of the people of Vescerita. He said the same: I am present. Fortunatus, bishop of the aforesaid city, said: I recognize him. He likewise read aloud: Januarius, bishop of the people of Tunusuda. Victorianus, bishop of the aforesaid city, said: I recognize him. He likewise read aloud: Evangelus, bishop of the Church of Assura. Petilianus, bishop, said: Ours there has died; let him speak for himself. He likewise read aloud: Latonius, bishop of the Church of the people of Tenita. Securus, bishop of the aforesaid city, said: I recognize him. He likewise read aloud: Aptus, bishop of the people of Tigias. I neither had nor do we have a Donatist bishop. Primianus, bishop of Carthage, said: We have none there. He likewise read aloud: Assellicus, bishop of the Church of Tusurus. Aptus, bishop of the aforesaid city, said: I recognize him.

He likewise read aloud: Innocentius, bishop of the Church of Germania. He said the same: I am present, but I have no adversary. He likewise read aloud: Honoratus, bishop of the Church of Mathara. He said the same: I am present, but I have no bishop set against me. He likewise read aloud: Hilarus, bishop of the Church of Bofeta. He said the same: I am present, but I have no bishop with me.

Petilianus, bishop, said: He was ours. Alypius, bishop of the Catholic Church, said: And we desire this, that you imitate him. He likewise read aloud: Secundus, bishop of the Church of Ruspe. He said the same: I am present, but I have no bishop set against me. He likewise read aloud: Donatus, bishop of the Church of Amburea. He said the same: I am present. Servatus, bishop of the aforesaid city, said: I recognize him. He likewise read aloud: Cresconius, bishop of the Church of Tubinae. Protasius, bishop of the aforesaid city, said: I recognize him. He likewise read aloud: Restitutus, bishop of the people of Novasinensis. Felix, bishop of the aforesaid city, said: I recognize him. He likewise read aloud: Cresconius, bishop of the Church of Cuicul. I had a bishop set against me: he has departed from the body. He likewise read aloud: Lucianus, bishop of the Church of Guira. He said the same: I am present, but I have no other set against me. He likewise read aloud: Tutus, bishop of the people of Melzita.

But I have no other set against me. He likewise read aloud: Donatianus, bishop of the Church of Telepte. Bellicius, bishop of the aforesaid city, said: I recognize him. He likewise read aloud: Potentius, bishop of the people of Bladia. Adeodatus, bishop, said: The one we have there has a pain in his eyes and cannot come. Alypius, bishop of the Catholic Church, said: Whether he is here in Carthage? He likewise read aloud: Maximianus, bishop of the people of Tura. Adeodatus, bishop, said: He was ours. He likewise read aloud: Datianus, bishop of the people of Lege. He likewise read aloud: Urbicus, bishop of the people of Tebesta. Perseverantius, bishop of the aforesaid city, said: I recognize him. He likewise read aloud: Aspidius, bishop of the people of Tacarata. Verissimus, bishop of the aforesaid city, said: I recognize him. There are four in my people: Datianus, Aspidius, Fortunatus, and Octavianus. He likewise read aloud: Terentius, bishop of Seleucia. Mescianus, bishop (of the aforesaid city), said: I recognize him.

He likewise read aloud: Servus Dei, bishop of the people of Tubursicubura. Donatus, bishop of the aforesaid city, said: I recognize him. He likewise read aloud: Dialogus, bishop of Zama. Montanus, bishop of the aforesaid city, said: I recognize him. He likewise read aloud: Urbicosus, bishop of the people of Eguilguitita. He said the same: I am present, but the whole is Catholic from antiquity. He likewise read aloud: Silvanus, bishop of the people of Perdica. Rogatus, bishop of the aforesaid city, said: I recognize him. He likewise read aloud: Navigius, bishop of Dydrita. Honoratus, bishop of the aforesaid city, said: I recognize him. He likewise read aloud: Romanus, bishop of the people of Leptiminus. Victorinus, bishop of the aforesaid city, said: I recognize him. He likewise read aloud: Rufinus, bishop of the people of Drusiliana. Restitutus, bishop of the aforesaid city, said: I recognize him. He likewise read aloud: Donatus, bishop of Tisilita. He said the same: I am present, but I have no other bishop set against me.

Petilianus, the Donatist bishop, said: He has departed from the body. He likewise read aloud: Gallus, bishop of Tica. Petilianus, bishop, said: He did not come; he sent a letter. He likewise read aloud: Donatianus, bishop of Mons. Petilianus, bishop, said: He. He likewise read aloud: Victorianus, bishop of the people of Mustis. I have Felicianus of Mustis and Donatus of Tura set against me.

Alypius, bishop of the Catholic Church, said: Concerning the name of Felicianus, whether he is in communion with Primianus. And in another hand: I have verified.

Bishop Petilianus said: Who commissioned this from you, or on whose behalf do you demand this? Do you wish to assume for yourself the role of those who are outside? And in another hand: Bishop Petilianus, I have acknowledged.

Bishop Alypius of the Catholic Church said: Let it be said that he should respond to the requests. And in another hand: I have acknowledged.

Bishop Petilianus said: This now belongs to the internal proceedings. And in another hand: As above.

Marcellinus, a most distinguished man, tribune and notary, said: Let the order now begun be maintained. Concerning these matters, if it shall seem reasonable, inquiry will be made afterwards. He likewise read out: Victorianus, bishop of the people of (Mustitana), on behalf of Pascasius, bishop of the people of Anguiensis. The same Pascasius said: I am present, I hold unity. He likewise read out: Ferox, bishop of the people of Macriana Major. He said the same: I am present, I hold unity. Pomponius, bishop of the above-written place, said: I recognize him. He likewise read out: Asmunius, bishop of Tiguala. He said the same: I am present. In my diocese there are two, Gaianus and Privatus. Gaianus, bishop of the above-written place, said: I recognize him. Alypius, bishop of the Catholic Church, said: Your Nobility has observed that they have ordained bishops even in our diocese. And in another hand: I have acknowledged it.

Marcellinus, a most distinguished man, tribune and notary, said: Such objections have been raised by both parties, that if you wish these matters to be carefully investigated, it will be known that we have come to this cause to no purpose. He likewise read out: Felix, bishop of the people of Segermita. Restitutus, bishop of the above-written place, said: I recognize him. He likewise read out: Secundus, bishop of the people of Magarmelita. Felix, bishop of the above-written place, said: I recognize him. He likewise read out: Vincentianus, bishop of the people of Feradita Major. He likewise read out: Placentinus, bishop of the people of Madaura. Donatus, bishop of the above-written place, said: I recognize him. He likewise read out: Rusticianus, bishop of the people of Tabarca. Clarentius, bishop of the above-written place, said: I recognize him. He likewise read out: Octavianus, bishop of the people of Ressiana. He likewise read out: Benenatus, bishop of the people of Simmittu. He said the same: I am present, and I have neither another nor heretics.

Petilianus, bishop, said: He has departed from the body. He likewise read out: Timianus, bishop of the people of Utma. Petilianus, bishop, said: He has Felix, but he is absent. He likewise read out: Filolocius, bishop of the people of Adrumetum. Victorinus, bishop of the above-written city, said: I recognize him. He likewise read out: Adeodatus, bishop of the people of Belalita. He said the same: I am present, I have neither a bishop nor heretics against me; I hold unity. He likewise read out: Felix, bishop of the people of Visica. He said the same: I am present, I have no bishop against me. Victor, bishop of the city of Tabora, said: He recently departed; I intervene there. He likewise read out: Victor, bishop of the people of Jufta. He said the same: I am present, we hold unity. He likewise read out: Fuscinullus, bishop of the people of Elia. He likewise read out: Honorius, bishop of the people of Cella. Castus, bishop, said: I recognize him. He likewise read out: Maximianus, bishop of Aquae Regiae.

He said the same: I am present, in my homeland I have no other bishop. He likewise read out: Antonius, bishop of the people of Carpita. Veratianus, bishop, said: I recognize him. He likewise read out: Fortunatianus, bishop of the people of Neapolis. Ampelius, bishop of the above-written city, said: I recognize him. He likewise read out: Pannonius, bishop of the people of Puppita. Victorianus, bishop of the above-said city, said: I recognize him. He likewise read out: Januarianus, bishop of the people of Tubulbaca. He said the same: I am present, the unity is Catholic, I have no bishop against me in my city. He likewise read out: Gratianus, bishop of the people of Metum. Fortunatianus, bishop of the party of Donatus of the above-written city, said: I recognize him. He likewise read out: Victor, bishop of the people of Bahanna. He likewise read out: Quodvultdeus, bishop of the people of Centuriae. Cresconius, bishop of the party of Donatus of the above-written city, said: I recognize him.

He likewise read out: Fortunatus, bishop of the people of Capsa. Celer, bishop of the party of Donatus of the above-written city, said: I recognize him. He likewise read out: Cresconius, bishop of the people of Temoniana. He said the same: I am present; there in the same place where I reside I have no bishop against me. He likewise read out. Montanus, bishop of the Catholic Church of Agurita. He likewise read out: Jocundus, bishop of the people of Sufetula. Titianus, bishop of the party of Donatus of the above-written city, said: I recognize him. He likewise read out: Victor, bishop of the people of Bartana. Honorius, bishop of the party of Donatus of the above-written city, said: I have only now learned of the wrongs he has done to me. He likewise read out: Victor, bishop of Cullu. Fidentius, bishop of the above-written city, said: I recognize him. He likewise read out: Palatinus, bishop of Boseta. Felix, bishop of the above-written city, said: I recognize him.

He likewise read out: Quodvultdeus, bishop of Girba. Evasius, bishop of the above-written city, said: I recognize him. He likewise read out: Silvanus, bishop of Cariana. He said the same: I am present, unity is there. He likewise read out: Aemilianus, bishop of Aggeria. Candorius, bishop of the above-written city, said: I recognize him. He likewise read out: Privatus, bishop of the people of Usila. Petilianus, bishop, said: He has a presbyter there. He likewise read out: Maius, bishop of the people of Amudars. He said the same: I am present, in my homeland it is Catholic. He likewise read out: Victor, bishop of the people of Uvaza. Secundinus, bishop of the above-written people, said: I recognize him. He likewise read out: Cresconius, bishop of the people of Titulus. Victor, bishop of the above-written place, said: I recognize him. He likewise read out: Milicus, bishop of the people of Tagamuta. He said the same: I am present; all are Catholics. He likewise read out: Speratus, bishop of the people of Ammaedara.

Crescentianus, bishop of the above-written city, said: I recognize him. He likewise read out: Aurelius, bishop of the people of Numnulita. Habetdeus, deacon of bishop Primianus of Carthage, said: He has departed from the body. He likewise read out: Venustus, bishop of the people of Turuda. Adeodatus, bishop, said: We have none there. He likewise read out: Honoratus, bishop of Abidda. He said the same: I am present, I have no bishop against me there. He likewise read out: Gududus, bishop of Ancusa. Donatus, bishop of the same place, said: I recognize him. He likewise read out: Sabratius, bishop of the people of Turretamallum.

The same said. I am present. Jurata, bishop of the above-written city, said. I recognize him. He likewise read out. Fortunatus, bishop of the Church of Undesita. The same said. I am present. Cresconius, bishop of the above-written place, said. I recognize him. He likewise read out. Severus, bishop of the people of Utimari. The same said. I am present; unity is there. He likewise read out. Pascasius, bishop of the people of Tijuca. The same said. I am present, but unity is there. He likewise read out. Valerius, bishop of the people of Utinisensis. The same said. I am present; I have no bishop. Habetdeus the deacon said. There was one there; he departed from the body. He likewise read out. Urbanus, bishop of the people of Theodalis. The same said. I am present. Catholic unity is there. He likewise read out. Victor, bishop of the people of Migirpa. The same said. I am present. Gloriosus, bishop of the above-said place, said. I recognize him.

Fortunatianus, bishop of the Catholic Church, said. Since a conference of bishops has been requested, we marvel at the shamelessness with which a deacon who is present wishes to assume the role of a bishop, and to disturb with a spirit of contention the conference which, with God's favor, we have begun to open. Wherefore let him restrain himself from such action: for it is not fitting to mix unnecessary things with serious matters. And in another hand. I have reviewed this.

Marcellinus, most distinguished man, tribune and notary, said. Your holiness pursues a superfluous matter, since it is established that the one present was chosen for this purpose, that he might identify each individual, not that he should take up the pursuit of disputation. He likewise read out. Lucianus, bishop of the people of Tunca. The same said. I am present; unity is there. He likewise read out. Donatus, bishop of the people of Saia. The same said. I am present; unity is there. He likewise read out. Rufinianus, bishop of the people of Muzueus. The same said. I am present; all is Catholic. He likewise read out. Victor, bishop of the people of Trisipa. The same said. I am present. Felicianus, bishop of the above-written place, said. I recognize him. He likewise read out. Adeodatus, bishop of the people of Bencenna. The same said. I am present. It is Catholic from its origin. He likewise read out. Faustinus, bishop of the people of Sillita. The same said. I am present. Possidonius, bishop of the above-written place, said.

I recognize him. He likewise read out. Felix, bishop of the people of Aptugni. The same said. I am present; all is Catholic. He likewise read out. Geta, bishop of the people of Jubaltiana. The same said. I am present. I have no other against me. He likewise read out. Cited. Januarius, bishop of the people of Cenculiana. He said the same. I am present; there is no other bishop there; it is Catholic. Likewise he read out. Julianus, bishop of the people of Tasfalta. He said the same. I am present; there is unity; all there is Catholic. Adeodatus the bishop said. It is a year since he died. Likewise he read out. Crescentianus, bishop of the people of Arena. He said the same. I am present; there is unity with me. Likewise he read out. Licentius, bishop of the people of Zauara. He said the same. I am present; it is Catholic there. Likewise he read out. Malcus, bishop of the people of Masculitana. He said the same. I am present.

Vitalis, bishop of the above-written place, said. I recognize him. Likewise he read out. Marianus, bishop of the people of Rufiniana. He said the same. I am present; it holds the unity of the Catholic Church. Likewise he read out. Tertiolus, bishop of the people of Cillita. He said the same. I am present. Donatus, bishop of the above-written place, said. I recognize him. Likewise he read out. Sopater, bishop of the people of Tambaia. He said the same. I am present. Faustinus, bishop of the above-written place, said. I recognize him. Likewise he read out. Paulus, bishop of the people of Uzittara. He said the same. I am present; I have none from that party. Habetdeus the deacon said. He has departed from the body. Likewise he read out. Januarius, bishop of the people of Aptuca. Dominicus, bishop of the Catholic Church, said. This is he; he has been moved by bodily infirmity. Likewise he read out. Victor, bishop of the Church of Utica. He said the same. I am present.

Gedulus, bishop of the above-written city, said. I recognize him. Likewise he read out. He who is above on behalf of Cericius, bishop of the people of Ucula. He coming forward, said the same. I am present; all is Catholic. Likewise he read out. Basilius, bishop of the people of Altiburos. He said the same. I am present. Augustialis, bishop of the above-written place, said. I recognize him. Likewise he read out. Victor, bishop of the people of Vina. He said the same. I am present. Habetdeus the deacon said. We have him not; he departed from the body five years ago. Likewise he read out. Fructuosus, bishop of the people of Abzirita. Vincentius, bishop of the Catholic Church, said. This man is at Carthage; he felt it in himself. Adeodatus the bishop said. He is in the diocese of Felicianus of Utina; he has a presbyter there. Likewise he read out. Publianus, bishop of the people of Bazaridida. He said the same. I am present; there is unity. Likewise he read out.

Cassianus, bishop of the people of Bamaccora. He said the same. I am present. Donatus, bishop of the above-written city, said. I recognize him; he was my presbyter. Likewise he read out. Cresconius, bishop of the people of Zaraita. He said the same. I am present. Rogatus, bishop of the above-written place, said. I recognize him. Likewise he read out. Felix, bishop of Villaregensis. He said the same. I am present; I have no bishop against me. He has just now departed from the body. Victor, bishop of the above-written place, said. It is established that I have just now been ordained. Likewise he read out. Primulus, bishop of the people of Tamagristum. He said the same. I am present. Saturnius, bishop of the above-written city, said. I recognize him. Likewise he read out. Adeodatus, bishop of the people of Satafia. He said the same. I am present. Urbanus, bishop of the above-written place, said. I recognize him. Likewise he read out. Faustinianus, bishop of the people of Tamogada. He said the same.

I am present. Gaudentius, bishop of the above-written place, said. I recognize him. Likewise he read out. Avitus, bishop of the people of Lamasua. He said the same. I am present. Januarius, bishop of the above-written city, said. I recognize him. Likewise he read out. Sextilius, bishop of the people of Assaba. He said the same. I am present. Marcianus, bishop of the above-written place, said. I recognize him. Likewise he read out. Marcianus, bishop of Idicra. He said the same. I am present. Martialis the bishop said. I recognize him. Likewise he read out. Crispulus, bishop of the Church of Volita. He said the same. I am present. Quodvultdeus the bishop said. I recognize him. Likewise he read out. Germanus, bishop of Gypsaria. He said the same. I am present. Fidentinus the bishop said. I recognize him. Likewise he read out. Rogatus, bishop of Gaguara. He said the same. I am present; it holds unity. Adeodatus the bishop said. He was ours; he passed over to them from us. Likewise he read out.

Quadratus, bishop of the people of Gegita. He said the same. I am present; there was never a bishop there. Likewise he read out. Gregorius, bishop of Tamalla. He said the same. I am present. Lucius the bishop said. I recognize him. Likewise he read out. Lucius, bishop of the city of Tagarata. He said the same. I am present. Quintus the bishop said. I recognize him. Likewise he read out. Felicianus, bishop of the people of Cufruta. He said the same. I am present; I have no other bishop against me.

Primianus the bishop said. He who was there has been condemned by us and by them; though they knew him to be guilty, they too confirmed him; as yet no other has been ordained. And in another hand. I, Primianus the bishop, have acknowledged this. Likewise he read out. Bonifacius, bishop of Cena. He said the same. I am present. Vindemius the bishop said. I recognize him. Likewise he read out. Adeodatus, bishop of the people of Bazarita. He said the same. I am present. Calipotius is indeed still living in the body; but when he saw that the entire people had been converted to the Catholic Church, he departed. Likewise he read out. Niventius, bishop of Tunugaba. He said the same. I am present. I have no bishop against me there.

Primianus the bishop said: He was condemned on a charge of adultery; yet he was there until the present year. Likewise he read aloud. Sabinus, bishop of Tucca. He said the same. I am present. Adeodatus the bishop said: He was ordained in my diocese, he is from my presbyterate. Sabinus, bishop of the Catholic Church, said: When I was often asked by my fellow citizens that I receive them into the communion of the Catholic Church, they requested that a bishop be given to them. They sought me, and I was ordained. Adeodatus the bishop said: Whom did he have as a predecessor? Let him declare in whose place he succeeded.

Hilarus the shorthand writer said: Since we have filled up the codices and other shorthand writers must be substituted for us, let your nobility order that others be substituted from our body, with guardians assigned to us. Vitalius, notary of the Catholic Church, said: I too suggest to your nobility what the shorthand writer has suggested. Marcellinus, most distinguished man, tribune and notary, said: Let guardians now be given to the notaries who confirm that they have filled up the codices, and to the shorthand writers from each side. Aurelius, bishop of the Catholic Church of Carthage, said: We have already declared by that very mandate that we have appointed guardians. From among them we also offer two as guardians. And in another hand. I have reviewed this. Marcellinus, most distinguished man, tribune and notary, said: Let the names of those who are now offered be declared. Alypius, bishop of the Catholic Church, said: Deuterius and Restitutus.

Marcellinus, most distinguished man, tribune and notary, said: It is fitting that just as other shorthand writers have been substituted, so guardians be given also from the other side. Primianus, bishop of Carthage, said: We give as guardians Victor of Hippo and Marinianus of Oea, our colleagues.

Marcellinus, a most distinguished man, tribune and notary, said: Since guardians appear to have been appointed on both sides among the bishops, the duty of each (as had begun) will be to read aloud the names and subscriptions, and the diligence of the guardians shall mutually seal to the received tablets for greater care, so that, once opened in their presence, they may be copied out, and what has been done may be contained in the series of documents. And when the tablets were received and sealed by both parties, the following was read aloud. Innocentius, bishop of Lamiggiga, before the most distinguished man, tribune and notary Marcellinus, I have entrusted and subscribed the above-written at Carthage. When this was read aloud, the same man said: I am present. Bishop Junianus said: I do not know him, nor does he know me. And he read aloud. Rufinianus, bishop of Bonusta, before the most distinguished man, tribune and notary Marcellinus, I have entrusted and subscribed the above-written at Carthage.

When this was read aloud, the same man said: The Donatists were never there. Primianus, bishop of Carthage, said: He himself was ours, but we have peoples for whom to ordain. Rufinianus, bishop of the Catholic Church of Bonusta, said: It never had any. And he read aloud. Laodicius, bishop of the people of Clypea, before the most distinguished man, tribune and notary Marcellinus, I have entrusted and subscribed the above-written at Carthage. When this was read aloud, the same man said: On the opposing side is Geminius. And he read aloud. Donatus, bishop of the people of Burita, before the most distinguished man, tribune and notary Marcellinus, I have entrusted and subscribed the above-written at Carthage. And when he had read it aloud, the same man said: The Donatists have no one there. And he read aloud. Candorius, bishop of the people of Mullita, before the most distinguished man, tribune and notary Marcellinus, I have entrusted and subscribed the above-written at Carthage. Bishop Marcellinus said: I recognize him. And he read aloud.

Isaac, bishop of the people of Utina, before the most distinguished man, tribune and notary Marcellinus, I have entrusted and subscribed the above-written at Carthage. Bishop Felicianus said: I recognize him. And he read aloud. The same, on behalf of Victor, bishop of Thuburbi Minus, before the most distinguished man, tribune and notary Marcellinus, I have subscribed, he being present at Carthage, that he had entrusted the above-written. Bishop Maximinus said: I recognize him. And he read aloud. Felix, bishop of Tubiae, before the most distinguished man, tribune and notary Marcellinus, I have entrusted and subscribed the above-written. The same man said: The Catholic Church alone exists there. And he read aloud. Felix, bishop of Abbirita Maior, before the most distinguished man, tribune and notary Marcellinus, I have entrusted and subscribed the above-written at Carthage. When this was read aloud, the same man said: The Catholic Church alone exists there. And he read aloud.

Augendus, bishop of the people of Villa Magna, before the most distinguished man, tribune and notary Marcellinus, I have entrusted and subscribed the above-written at Carthage. Primianus, bishop of Carthage, said: He himself is the one who long since crossed over to that party. And he read aloud. Lucidus, bishop of the people of Marcelliana and Bazita, before the most distinguished man, tribune and notary Marcellinus, I have entrusted and subscribed the above-written at Carthage. When this was read aloud, the same man said: The Catholic Church exists there (Several things are missing here), and notary Marcellinus, I have entrusted and subscribed the above-written at Carthage. When this was read aloud, the same man said: On the other side is Restitutus. Bishop Restitutus said: I recognize him. And he read aloud. Aufidius, bishop of the people of Tignica, before the most distinguished man, tribune and notary Marcellinus, I have entrusted and subscribed the above-written at Carthage. When this was read aloud, the same man said: On the other side I have Julianus.

Bishop Julianus said: I recognize him. And he read aloud. Fortunatus, bishop of the people of Abensa, before the most distinguished man Marcellinus, tribune and notary, I have entrusted and subscribed the above-written. When this was read aloud, the same man said: I have unity. Bishop Optatus said: We have no bishop there; we have a presbyter. And he read aloud. Trifolius, bishop of the people of Abora, before the most distinguished man, tribune and notary Marcellinus, I have entrusted and subscribed the above-written at Carthage. When this was read aloud, the same man said: If the name of the Donatists is heard there, he is stoned. And he read aloud. The same, on behalf of Paulinus of Zura, present but unable to write, before the most distinguished man Marcellinus, tribune and notary, I have entrusted and subscribed the above-written at Carthage. When this was read aloud, and the Catholic bishop Paulinus having come forward, the same man said: The Catholic Church exists there. Habetdeus, deacon of bishop Primianus, said: Our presbyter is there.

It is our diocese. And he read aloud. Lucrus, bishop of the people of Nigrae Maiores, before the most distinguished man, tribune and notary Marcellinus, I have entrusted and subscribed the above-written at Carthage. When this was read aloud, the same man said: Unity exists there. Habetdeus the deacon said: He has a presbyter. And he read aloud. Fidelius, bishop of the people of Cefala, before the most distinguished man, tribune and notary Marcellinus, I have entrusted and subscribed the above-written at Carthage. Valentinianus, deacon of bishop Primianus, said: He has just departed from the body. He was called Fidentius. And he read aloud. Cresconius, bishop of the people of Rusuca, before the most distinguished man, tribune and notary Marcellinus, I have entrusted and subscribed the above-written at Carthage. Habetdeus the deacon said: We have none. And he read aloud. Ambibius, bishop of the people of Pisita, before the most distinguished man, tribune and notary Marcellinus, I have entrusted and subscribed the above-written at Carthage.

When this was read aloud, the same man said: On the other side I have Felix. Valentinianus the deacon said: He is called Felix; he sent a letter of excuse on account of old age. And he read aloud. Rogatianus, bishop of the people of Tigimma, before the most distinguished man, tribune and notary Marcellinus, I have entrusted and subscribed the above-written at Carthage. When this was read aloud, the same man said: On the other side from me is Victorianus. And Victorianus the bishop having come forward, the same man said: I recognize him. And he read aloud. Stephanus, bishop of the people of Sinnuar, before the most distinguished man, tribune and notary Marcellinus, I have entrusted and subscribed the above-written at Carthage. When this was read aloud, the same man said: Unity exists there; the Church exists there. Habetdeus the deacon said: That diocese belongs to Cyprianus of Siccenna. He is called Cyprianus, the bishop who lays claim to Sinnuar. And he read aloud.

Serotinus, bishop of the people of Turuzi, before the most distinguished man, tribune and notary Marcellinus, I have entrusted and subscribed the above-written at Carthage. When this was read aloud, the same man said: It never had any, nor does it have any. Habetdeus the deacon said: There is a presbyter there named Cattus. Serotinus, bishop of the Catholic Church, said: He is there, but superfluously. And he read aloud. Majorinus, bishop of the people of Zemta, before the most distinguished man, tribune and notary Marcellinus, I have entrusted and subscribed the above-written at Carthage. When this was read aloud, the same man said: It is Catholic; it neither had nor has any. And he read aloud. Thomas, bishop of the people of Cubda, before the most distinguished man, tribune and notary Marcellinus, I have entrusted and subscribed the above-written at Carthage. When this was read aloud, the same man said: On the contrary, we have no one. And he read aloud.

Restitutus, bishop of the people of Muzuca, before the most distinguished man, tribune and notary Marcellinus, I have entrusted and subscribed the above-written at Carthage. When this was read aloud, the same man said: On the contrary, Idaxius is against us. And Idaxius the bishop having come forward, the same man said: I recognize him. And he read aloud. Antonius, bishop of the people of Mutugenna, before the most distinguished man, tribune and notary Marcellinus, I have entrusted and subscribed the above-written at Carthage. When this was read aloud, the same man said: On the other side is Splendonius. And Splendonius the bishop having come forward, the same man said: I recognize him. And he read aloud. Privatianus, bishop of the people of Vegesela, before the most distinguished man, tribune and notary Marcellinus, I have entrusted and subscribed the above-written at Carthage. When this was read aloud, the same man said: On the other side from me is Donatus of Cillium.

And Donatus, bishop of Cillium, having come forward, the same man said: I have deacons there; the neighboring people acts there; it is my diocese. Privatianus, bishop of the Catholic Church, said: Where do they assemble? Bishop Donatus said: And yet you have forbidden both the places and the shrines of the martyrs. Did I not have Candidus as a presbyter from there? Privatianus, bishop of the Catholic Church, said: And where was the assembly held? And he read aloud. Aemilianus, bishop of the Church of Bennefa, before the most distinguished man, tribune and notary Marcellinus, I have entrusted and subscribed the above-written at Carthage. When this was read aloud, the same man said.

I have no one on the opposite side. Valentinianus the deacon said: Maximianus was named, he has departed from the body today. Æmilianus, bishop of the Catholic Church, said: I have three years from the time I was ordained; I know no one there. Valentinianus the deacon said: Let him be sent for, and let them see him. And he read aloud. Litorius, bishop of the people of Suava, before the most distinguished man, tribune and notary Marcellinus, I have committed and subscribed the above-written at Carthage. When this was read aloud, the same man said: There is unity there; it is entirely Catholic. Habetdeus, deacon of the party of Donatus, said: We have none. And he read aloud. Benenatus, bishop of the people of Hospita, before the most distinguished man, tribune and notary Marcellinus, I have committed and subscribed the above-written at Carthage. When this was read aloud, the same man said: There is no other bishop in my place. Lucullus the bishop said: Persecution has always driven me away. And he read aloud.

Leontius, bishop of the people of Musertitana, before the most distinguished man, tribune and notary Marcellinus, I have committed and subscribed the above-written at Carthage. When this was read aloud, the same man said: I have no one on the opposite side. Habetdeus, deacon of the party of Donatus, said: Cresconius has now been ordained against him. And he read aloud. Silvanus, bishop of the people of Macriana, before the most distinguished man, tribune and notary Marcellinus, I have committed and subscribed the above-written at Carthage. When this was read aloud, the same man said: He has no one; it is Catholic. And he read aloud. Eunomius, bishop of the people of Marazana, before the most distinguished man, tribune and notary Marcellinus, I have committed and subscribed the above-written at Carthage. When this was read aloud, the same man said: Habetdeus is opposite me. Habetdeus the bishop said: My predecessor was ordained for the place of Marazana. After he had sat in the chair, he was expelled. Eunomius, bishop of the Catholic Church, said: He never sat.

Habetdeus the bishop said: I also, not having been admitted, rested in the city at the third milestone. Eunomius, bishop of the Catholic Church, said: There never were Donatists, nor are there, nor have they ever sat in the chair. Habetdeus the bishop said: They have now been suppressed. And he read aloud. Barbarus, bishop of the people of Hierpinia, before the most distinguished man, tribune and notary Marcellinus, I have committed and subscribed the above-written at Carthage. When this was read aloud, the same man said: I have no one opposing me. Valentinianus the deacon said: One called Mœcopius was bishop; he has departed from the body. And he read aloud. Secundianus, bishop of the people of Hermiana, before the most distinguished man, tribune and notary Marcellinus, I have committed and subscribed the above-written at Carthage. When this was read aloud, the same man said: Maximianus the bishop is against me. And when Maximianus the bishop came forward, the same man said: I recognize him. And he read aloud.

Postumianus, bishop of the people of Tagora, before the most distinguished man, tribune and notary Marcellinus, I have committed and subscribed the above-written at Carthage. When this was read aloud, the same man said: It is of Catholic unity. And he read aloud. Barbarianus, bishop of the people of Creperula, before the most distinguished man, tribune and notary Marcellinus, I have committed and subscribed the above-written at Carthage. When this was read aloud, the same man said: It is Catholic only. Valentinianus the deacon said: We have none. And he read aloud. Felix, bishop of the Caniopitani, before the most distinguished man, tribune and notary Marcellinus, I have committed and subscribed the above-written at Carthage. When this was read aloud, Valentinianus the deacon said: We have a presbyter by the name of Restitutus. And he read aloud. Victor, bishop of the people of Tibaritana, before the most distinguished man, tribune and notary Marcellinus, I have committed and subscribed the above-written at Carthage.

When this was read aloud, the same man said: And Victorianus the bishop is on the opposite side from me. And when Victorianus the bishop came forward, the same man said: I recognize him. And he read aloud. Gennadius, bishop of the people of Membressitana, before the most distinguished man, tribune and notary Marcellinus, I have committed and subscribed the above-written at Carthage. When this was read aloud, the same man said: Restitutus is opposite me. And when Restitutus the bishop came forward, the same man said: I recognize him. And he read aloud. Restitutus, bishop of the people of Simingita, before the most distinguished man, tribune and notary Marcellinus, I have committed and subscribed the above-written at Carthage. When this was read aloud, the same man said: It is entirely Catholic. And he read aloud. Octavius, bishop of the people of Utimma, before the most distinguished man, tribune and notary Marcellinus, I have committed and subscribed the above-written at Carthage. When this was read aloud, the same man said: Bonifacius is against me.

And when Bonifacius the bishop came forward, the same man said: I recognize him. And he read aloud. Victorinus, bishop of the people of Tabuda, before the most distinguished man, tribune and notary Marcellinus, I have committed and subscribed the above-written at Carthage. When this was read aloud, the same man said: Argutus is on the opposite side. And when Argutus the bishop came forward, the same man said: I recognize him. And he read aloud. Maximinus, bishop of the people of Enera, before the most distinguished man, tribune and notary Marcellinus, I have committed and subscribed the above-written at Carthage. When this was read aloud, the same man said: It is Catholic; I have unity. Quodvultdeus the bishop said: He has a bishop; but he is in poor health. And he read aloud. Reginus, bishop of the people of Tigillava, before the most distinguished man, tribune and notary Marcellinus, I have committed and subscribed the above-written at Carthage. When this was read aloud, the same man said: Donatus is opposite me.

Flavianus the bishop said: Donatus has returned from a journey, on account of illness. And he read aloud. The above-mentioned, on behalf of Cresconius, bishop of Centenaria, in the presence of the most distinguished man, tribune and notary Marcellinus, I have committed and subscribed the above-written at Carthage, because he is prevented by illness, subscribing at his direction at Carthage. When this was read aloud, the same man said: On the opposite side is [lacuna] Quodvultdeus the bishop said: He too is in poor health. And he read aloud. Felix, bishop of the people of Iziria, before the most distinguished man, tribune and notary Marcellinus, I have committed and subscribed the above-written at Carthage. When this was read aloud, the same man said: Saturus is opposite me. And when Saturus the bishop came forward, the same man said: He was my presbyter. And he read aloud. Felicianus, bishop of the people of Feradita Minor, in the presence of the most distinguished man, tribune and notary Marcellinus, I have committed and subscribed the above-written at Carthage.

When this was read aloud, the same man said: It is Catholic. And he read aloud. Romanus, bishop of the people of Meglapolitana, before the most distinguished man, tribune and notary Marcellinus, I have committed and subscribed the above-written at Carthage. Felix the bishop said: We have a presbyter there, Maximianus; he is present. And he read aloud. Restitutus, bishop of the people of Cincari, before the most distinguished man, tribune and notary Marcellinus, I have committed and subscribed the above-written at Carthage. When this was read aloud, the same man said: Campanus the bishop is opposite me. And when Campanus the bishop came forward, the same man said: I recognize him. And he read aloud. Nados, bishop of the people of Sabratha, before the most distinguished man, tribune and notary Marcellinus, I have committed and subscribed the above-written at Carthage. When this was read aloud, the same man said: I had one on the opposite side; now I have none. And he read aloud.

Caltasius, bishop of the people of Mataritana, before the most distinguished man, tribune and notary Marcellinus, I have committed and subscribed the above-written at Carthage. When this was read aloud, the same man said: There is unity. Habetdeus the deacon said: We had Rusticianus; he has now departed from the body. And he read aloud. Octavianus, bishop of the people of Ucimajor, before the most distinguished man, tribune and notary Marcellinus, I have committed and subscribed the above-written at Carthage. Salvianus the bishop said: It is the diocese of the aged Victorianus; he has a presbyter, Januarius. And he read aloud. Safargius, bishop of the people of Lampua, before the most distinguished man, tribune and notary Marcellinus, I have committed and subscribed the above-written at Carthage. Valentinianus, deacon of bishop Primianus, said: The people belong to the aged Cartherius; but he is absent, he suffers from his feet: for that reason he could not come. And he read aloud.

Victorinus, bishop of the people of Tabuda, on behalf of my fellow-priest Gorgonius, who is detained by illness, of the people of Liberalica, before the most distinguished man, tribune and notary Marcellinus, at his direction I have subscribed at Carthage. When this was read aloud, the same Gorgonius said: The heretics have taken away my basilica; I am alone. Protasius the bishop said: We have Victor the bishop there. And he read aloud. Fortunatus, bishop of the place of Casense-Calanense, before the most distinguished man, tribune and notary Marcellinus, I have committed and subscribed the above-written at Carthage. When this was read aloud, the same man said: I am alone. Verissimus the bishop said: There is a presbyter there, Victorinus. And he read aloud. Theasius, bishop of the people of Memblosita, before the most distinguished man, tribune and notary Marcellinus, I have committed and subscribed the above-written at Carthage. When this was read aloud, the same man said: There is only the unity of the Catholic Church there.

Salvianus the bishop said: In the time of persecution, the bishop who was there succumbed there. And he read aloud. Probantius, bishop of the people of Trofiniana, before the most distinguished man, tribune and notary Marcellinus, I have committed and subscribed the above-written at Carthage. Valentinianus the deacon said: He has a presbyter. And he read aloud. Dulcitius, bishop of the people of Tacapita, in the presence of the most distinguished man, tribune and notary Marcellinus, I have committed and subscribed the above-written at Carthage. When this was read aloud, the same man said I have another against me. Valentinianus the deacon said: He is called Felix. He is here, but he is in poor health. Likewise he read aloud. Catulinus, bishop of the people of Gitta, before the most distinguished man, tribune and notary Marcellinus, I have committed and subscribed the above-written. Valentinianus, deacon of bishop Primianus, said: We have none. And he read aloud.

Villaticus, bishop of the people of Sinnipsa, before the most distinguished man, tribune and notary Marcellinus, I have committed and subscribed the above-written at Carthage. And he read aloud. Hilarianus, bishop of the people of Hilta, before the most distinguished man, tribune and notary Marcellinus, I have committed and subscribed the above-written at Carthage. And when Victor the bishop came forward, the same man said: I have just now been ordained there; he does not know me. Hilarianus, bishop of the Catholic Church, said: He has none. And he read aloud. Januarius, bishop of the Church of Greater Gisipa, before the most distinguished man, tribune and notary Marcellinus, I have committed and subscribed the above-written at Carthage. When this was read aloud, the same man said: We have none. And he read aloud. Severianus, bishop of Ceramuna, before the most distinguished man, tribune and notary Marcellinus, I have committed and subscribed the above-written at Carthage. Habetdeus, deacon of bishop Primianus, said: We have the aged Adeodatus.

Severianus, bishop of the Catholic Church, said: Let him show him. Adeodatus the bishop said: He is in my people of Milevitana Ceramussa.

Severianus, bishop of the Catholic Church, said: It is entirely Catholic from its origin; there were never any Donatists there. Adeodatus the bishop said: He is in my congregation. By violence he drove out all the clerics and presbyters from there. Severianus, bishop of the Catholic Church, said: He lies, with God as witness. Marcellinus, most distinguished man, tribune and notary, said: Let your holiness deign to state plainly whether there is now a bishop in that congregation. Adeodatus the bishop said: He is in my congregation; everything round about is mine. Even all those who were established in that same place have yielded through fear of my people. Severianus, bishop of the Catholic Church, said: He lies. And he read aloud.

Dominicus, bishop of the people of Bulla Regia, in the presence of the most distinguished tribune and notary Marcellinus, commanded the above-written and subscribed at Carthage. When this was read aloud, he said the same. On the other side there is Felix for me, but there is one who communicates with him. And when bishop Felix came forward, he said the same. I recognize him. And he read aloud. Valentinus, bishop of Vaiana, on behalf of my fellow-priest Reginus of the Church of Vegesela, who is detained here at Carthage on account of illness, in the presence of the most distinguished tribune and notary Marcellinus, subscribed. When this was read aloud, Alypius, bishop of the Catholic Church, said. He is unwell. Deacon Habetdeus said. Gavinus is present. And he read aloud. Reparatus, bishop of the people of Sufasara, in the presence of the most distinguished tribune and notary Marcellinus, commanded the above-written and subscribed at Carthage. He has none; he was there. Deacon Habetdeus said. He has just left. And he read aloud.

Proculus, bishop of the people of the place of Serra, in the presence of the most distinguished tribune and notary Marcellinus, commanded the above-written and subscribed at Carthage. I have unity. Deacon Valentinianus said. We have none. And he read aloud. Publicius, bishop of the people of Gratianopolis, in the presence of the most distinguished tribune and notary Marcellinus, commanded the above-written and subscribed at Carthage. On the other side is Deuterius, alone without a people. Bishop Deuterius said. Because you have also demolished houses and persecuted me. And he read aloud. Maximianus, bishop of the people of Sugabbara, in the presence of the most distinguished tribune and notary Marcellinus, commanded the above-written and subscribed at Carthage. On the other side I have Germanus. And when bishop Germanus came forward, he said the same. I recognize him. And he read aloud. Pompeianus, bishop of Sucarda, in the presence of the most distinguished tribune and notary Marcellinus, commanded the above-written and subscribed at Carthage. He is here, but he. And he read aloud.

Fortunatus, bishop of the people of Rusuccurrum, in the presence of the most distinguished tribune and notary Marcellinus, commanded the above-written and subscribed at Carthage. On the other side there is Optatus for me. And when bishop Optatus came forward, he said the same. I recognize him. And he read aloud. Victor, bishop of the people of Bartimisi, in the presence of the most distinguished tribune and notary Marcellinus, commanded the above-written and subscribed at Carthage. It is Catholic. Deacon Habetdeus said. We have none. And he read aloud. Restitutianus, bishop of the people of Sululitum, in the presence of the most distinguished tribune and notary Marcellinus, commanded the above-written and subscribed at Carthage. All is Catholic; we have all Catholics. Deacon Valentinianus said. We have none. And he read aloud. Helpidius, bishop of the people of Aquae, in the presence of the most distinguished tribune and notary Marcellinus, commanded the above-written and subscribed at Carthage. On the other side there is bishop Reparatus for me. And when bishop Reparatus came forward, he said the same.

It is he; I recognize him. And he read aloud. Victor, bishop of the people of Maliana, in the presence of the most distinguished tribune and notary Marcellinus, commanded the above-written and subscribed at Carthage. On the other side there is Nestorius for me. And when bishop Nestorius came forward, he said the same. I recognize him. And he read aloud. I, Restitutus, bishop, having been asked by Victor, bishop of Mammilla, in the presence of the most distinguished tribune and notary Marcellinus, subscribed that he had commanded the above-written to me. On the other side is Serenianus. And when bishop Serenianus came forward, he said the same. I recognize him. And he read aloud. Victor, bishop of the people of Tabaicara, in the presence of the most distinguished tribune and notary Marcellinus, commanded the above-written and subscribed at Carthage. On the other side is Marcianus. And when bishop Marcianus came forward, he said the same. I recognize him. And he read aloud.

Victor, bishop of the people of Timici, in the presence of the most distinguished tribune and notary Marcellinus, commanded the above-written and subscribed at Carthage. I have Optatus on the other side. And when Optatus came forward, he said the same. It is he. And he read aloud. Bonifacius, bishop of the people of Vallis, in the presence of the most distinguished tribune and notary Marcellinus, commanded the above-written and subscribed at Carthage. I have none. Deacon Valentinianus said. He died seven years ago. Restitutus was named. And he read aloud. The same, on behalf of Limenianus, bishop of the people of Taprurum, in the presence of the most distinguished tribune and notary Marcellinus, subscribed that he, being present at Carthage, had commanded it. It is Catholic. Deacon Habetdeus said. On the contrary, we have none. And he read aloud. Proculus, bishop of the people of Giutsita Salaria, in the presence of the most distinguished tribune and notary Marcellinus, commanded the above-written and subscribed at Carthage. It is Catholic. Deacon Habetdeus said. He has a presbyter, Lilybius.

And he read aloud. Auxilius, bishop of the people of Nurcona, in the presence of the most distinguished tribune and notary Marcellinus, commanded the above-written and subscribed at Carthage. We possess unity, as all the people of Caesarea know. Here is Severinus; let him speak. Bishop Severinus said. He never had one. And he read aloud. Mensurius, bishop of the people of Medefessa, in the presence of the most distinguished tribune and notary Marcellinus, commanded the above-written and subscribed at Carthage. I have no one against me. Deacon Valentinianus said. He has just departed from the body. And he read aloud. Honorius, bishop, on behalf of Januarius my brother and fellow-bishop of the people of Casae Medianenses, being established at Carthage in the presence of the most distinguished tribune and notary Marcellinus, commanded the above-written and subscribed on his behalf. When this was read aloud, and when the Catholic bishop Januarius came forward, he said the same. On the other side there is Aemilianus for me. And he read aloud.

Adeodatus, bishop of the people of Simidica, in the presence of the most distinguished tribune and notary Marcellinus, commanded the above-written and subscribed at Carthage. It is Catholic. Deacon Habetdeus said. We have none. And he read aloud. I, Restitutus, bishop, on behalf of my colleague Solemnius of the people of Tigisi, in the presence of the most distinguished tribune and notary Marcellinus, commanded the above-written and subscribed at Carthage. On the other side is Paschasius. And when Paschasius came forward, he said the same. I recognize him. And he read aloud. Lampadius, bishop of the people of Tisedi, in the presence of the most distinguished tribune and notary Marcellinus, commanded the above-written and subscribed at Carthage. On the other side there is Donatus for me. And when Donatus came forward, he said the same. I recognize him. And he read aloud. Cyprianus, bishop of the people of Thuburbo Maius, in the presence of the most distinguished tribune and notary Marcellinus, commanded the above-written and subscribed at Carthage. On the other side is Rufinus.

And when Rufinus came forward, he said the same. I recognize him. And he read aloud. Donatianus, bishop of the people of Zella, in the presence of the most distinguished tribune and notary Marcellinus, commanded the above-written and subscribed at Carthage. On the other side I have Natalicus. And when bishop Natalicus came forward, he said the same. I recognize him. And he read aloud.

Alypius, bishop of the catholic Church of Tagaste, being present at Carthage in the presence of the most distinguished man the tribune and notary Marcellinus, received this mandate and subscribed to it. When it was read aloud, he likewise said: Would that, just as Tagaste rejoices in its ancient unity, so also we might rejoice concerning the other places.

Bishop Petilianus said: Evil is the unity of innocence and crime. Both cannot be mingled together. And in another hand: Bishop Petilianus acknowledged it. And he read it aloud.

Augustine, bishop of the Church of Hippo Regius, being present at Carthage in the presence of the most distinguished man the tribune and notary Marcellinus, received this mandate and subscribed to it. When it was read aloud, and the bishop having approached, he likewise said: I recognize him. And he read it aloud. Vincentius, bishop of the Church of Culusita, being present at Carthage in the presence of the most distinguished man the tribune and notary Marcellinus, received this mandate and subscribed to it. When it was read aloud, he likewise said: It is catholic. Deacon Habetdeus said: It was, but now they have defiled it by those very persons. And he read it aloud. Fortunatus, bishop of the Church of Constantina, being present at Carthage in the presence of the most distinguished man the tribune and notary Marcellinus, received this mandate and subscribed to it. When it was read aloud, he likewise said: On the other side I have Petilianus.

Bishop Petilianus said: He is the persecutor of the Church in the same city where I am bishop. Aurelius, bishop of the catholic Church of Carthage, said: And a little while ago you hurled an insult, and you did not receive one in return. Fortunatus, bishop of the catholic Church, said: In that same city all the altars were broken by heretics. Bishop Petilianus said: Let the records show that you are a persecutor. In its proper place you will hear what you deserve. And he read it aloud. Fortunatianus, bishop of the Church of Sicca, being present at Carthage in the presence of the most distinguished man the tribune and notary Marcellinus, received this mandate and subscribed to it. When it was read aloud, he likewise said: I know the unity of the Church of Sicca; the bishop indeed I have heard of only by name. And he read it aloud.

Possidius, bishop of the catholic Church of Calama, being present at Carthage in the presence of the most distinguished man the tribune and notary Marcellinus, received this mandate and subscribed to it. Bishop Petilianus said: Crispinnus recently departed from the body. And he read it aloud. Florentinus, bishop of the catholic Church of Hippo Zaritus, being present at Carthage before the most distinguished man the tribune and notary Marcellinus, entrusted and subscribed to the above-written mandate. When it was read aloud, he likewise said: On the other side is Victor. Deacon Habetdeus said: A guardian has been appointed for the records.

Marcellinus, the most distinguished man, tribune and notary, said: Let it be read aloud whether the subscription of those who undertook to conduct the case is equal and alike. And he read it aloud: Fortunatus, bishop of the Church of Constantina, being present at Carthage in the presence of the most distinguished man the tribune and notary Marcellinus, received this mandate and subscribed to it. Likewise he read aloud: Fortunatianus, bishop of the Church of Sicca, being present at Carthage in the presence of the most distinguished man the tribune and notary Marcellinus, received this mandate and subscribed to it. When it was read aloud.

Marcellinus, the most distinguished man, tribune and notary, said: Your holiness perceives that by their own subscriptions they had declared themselves to have received the mandate. Wherefore let the rest be read in order. And he read it aloud: Serenianus, bishop of Miditum, being present at Carthage in the presence of the most distinguished man the tribune and notary Marcellinus, entrusted and subscribed to the above-written mandate. When it was read aloud, he likewise said: It is catholic. Peregrinus, bishop of Sufes, said: I have a presbyter there, Victor. It is my diocese. Bishop Victor said: I am present.

Let it be written down whether Florentius himself well recognizes the man who persecuted me, an innocent person, whom he seized and handed over to the custody of the office to be killed, where I spent three years of time.

Marcellinus, most illustrious man, tribune and notary, said: These matters will be carried out in their proper order, when you shall have thought fit. And he read aloud: Novatus, bishop of the Church of Sitifensis, established at Carthage in the presence of the most illustrious man, tribune and notary Marcellinus, I have entrusted and subscribed the above-written. When this had been read aloud, the same man said: On the other side I have Marcianus. And when Marcianus the bishop came forward, the same man said: I recognize my persecutor. And he read aloud: Maurentius, bishop of the Church of Tubursicensis, established at Carthage in the presence of the most illustrious man, tribune and notary Marcellinus, I have entrusted and subscribed the above-written. When this had been read aloud, the same man said: On the other side I have Januarianus. And when Januarianus came forward, the same man said: I recognize him.

And he read aloud: Bonifacius, bishop of the Church of Cataquensis, established at Carthage in the presence of the most illustrious man, tribune and notary Marcellinus, I have entrusted and subscribed the above-written at Carthage. When this had been read aloud, the same man said: On the other side there is Speratus for me. And when Speratus came forward, the same man said: I recognize him. And he read aloud: Squillacius, bishop of the Church of Scillitana, established at Carthage in the presence of the most illustrious man, tribune and notary Marcellinus, I have entrusted and subscribed the above-written. When this had been read aloud, the same man said: On the other side I have Donatus. And when Donatus the bishop came forward, the same man said: I recognize him. And he read aloud: Priscus, bishop of the Church of Quidiensis, established at Carthage in the presence of the most illustrious man, tribune and notary Marcellinus, I have entrusted and subscribed the above-written. When this had been read aloud, the same man said: I have no Donatists.

Whoever was there with his few kinsmen, was converted along with them. Honoratus the bishop said: Our bishop of Quizicensis succumbed in the persecution. Our presbyters are there. And he read aloud: Deuterius, bishop of Caesariensis, established at Carthage in the presence of the most illustrious man, tribune and notary Marcellinus, I have entrusted and subscribed the above-written. When this had been read aloud, Fortunatianus, bishop of the Catholic Church, said: He is the keeper of the records. Valentinianus, deacon of bishop Primianus, said: Emeritus is there. And when Emeritus came forward, the same man said: I recognize him. And he read aloud: Restitutus, bishop of Tagorensis, established at Carthage in the presence of the most illustrious man, tribune and notary Marcellinus, I have entrusted and subscribed the above-written. When this had been read aloud, Fortunatianus, bishop of the Catholic Church, said: He likewise is a keeper of the records. Valentinianus, deacon of bishop Primianus, said: We have none.

And he read aloud: Leo, bishop of the municipality of Moptensis, established at Carthage in the presence of the most illustrious man, tribune and notary Marcellinus, I have entrusted and subscribed the above-written. When this had been read aloud, the same man said: I have Felix. And when Felix came forward, the same man said: I recognize him. And he read aloud: Asterius, bishop of the people of Vicensis, established at Carthage before the most illustrious man, tribune and notary Marcellinus, I have entrusted and subscribed the above-written. When this had been read aloud, the same man said: In that very place there is no other bishop with me. And when Urbanus the bishop came forward, the same man said: God sees that I do not know him.

Petilianus the bishop said: We give thanks to your honor, noble sir, that such and so great is your piety, that you deign to bestow this kindness upon men of great merit and most ancient priests flourishing with the palms of so many persecutions, that the most burdensome old age, which is adorned with its years and merits, may refresh itself by sitting, lest by standing too long it seem to labor, lest this toil also burden the modest strength of old age. But since the Lord supplies strength and makes that venerable old age itself to be stronger, we are not ashamed, we do not fear, we do not avoid standing willingly, noble sir, while you are seated. For indeed not even Christ our Lord would have avoided this, since He deigned to stand before the governor; how much more do we not refuse, when you, honorable, just, reverent, and kind, offer this grace which may most frequently be returned to you by the Lord who rewards with most worthy prizes?

But this is expedient for us, this is necessary: that when a cause is being pleaded, when it is first begun, so that the persons also may be established, it is fitting that those individuals stand to whom it falls to undergo the examination of the dispute. And in another hand: I, Petilianus the bishop, have acknowledged this.

Marcellinus, a most distinguished man, tribune and notary, said: Let the mandate received from the office be read aloud. And when they had handed it over, Rufinianus the scribe read it. After the consulship of Varanes, a most distinguished man, on the eighth day before the Kalends of June, at Carthage: Januarianus, Primianus, Felix, Donatus, Candorius, Optatus, Donatianus, Antonianus, Victorianus, Fortis, and the rest, to our fellow bishops Primianus, Petilianus, Emeritus, Protasius, Montanus, Gaudentius, Adeodatus, present to present, greeting. We entrust to you the cause of the Church of God, and we make you defenders against our traditores and persecutors, who sought to trouble us in the court of the most distinguished and respectable tribune and notary Marcellinus, through their petition by a posted edict, so that you may respond to their claims. Whatever you shall have done for the standing of the holy Church, we declare by our subscription that we shall hold it ratified. And in another hand: We wish you to fare well in the Lord and to be mindful of us. When this had been read.

Marcellinus, a most distinguished man, tribune and notary, said: Let the subscriptions of this mandate also be read. Rufinianus the scribe read: Januarianus, bishop of the Casenses Nigrenses, have subscribed to this mandate. Likewise in another hand: Primianus, bishop of Carthage, have subscribed to this mandate. Likewise in another hand: Felix, bishop of the city of Rome, have subscribed to this mandate. Likewise in another hand: Donatus, bishop of Botriana, have subscribed to this mandate. Likewise in another hand: Florianus, bishop of Putizi, have subscribed. Likewise in another hand: Candorius, bishop of Aggerum, have subscribed. Likewise in another hand: Antonianus, bishop of Lamsorta, have subscribed. When this had been read.

Rufinianus the scribe read: Januarianus, bishop of the Casenses Nigrenses. And when he had read it, Januarianus the bishop said: I both gave the mandate and subscribed. Let it therefore be recorded that I have no adversary from their party among my people. Rufinianus the scribe read: Primianus, bishop of Carthage. And when he had read it, Primianus, bishop of Carthage, said: I had given the mandate; but I received this mandate. Rufinianus the scribe read: Felix, bishop of the city of Rome. And when he had read it, Felix, bishop of the city of Rome, said: I both gave the mandate and subscribed. Possidius, bishop of the Catholic Church, said: Where is Felix? And in another hand: I have acknowledged.

Bishop Petilianus said: In all things let them follow and hold this, that they will speak nothing on behalf of those absent and those overseas. And in another hand. I, Bishop Petilianus, have acknowledged. Aurelius, bishop of the Catholic Church of Carthage, said: It is more than enough that we have said Innocent is bishop of the city of Rome. And in another hand. I have acknowledged. Rufinianus the scribe read aloud: Donatus, bishop of Botriana. He said the same. And I gave mandate and subscribed. Let it be written that I have no opponent. Rufinianus the scribe read aloud: Florianus, bishop of Putiza. And when he had read it aloud, Primianus, bishop of Carthage, said: He fell ill here at Carthage; fearing his end he departed, having already subscribed. And he read aloud: Candorius, bishop of Aggerum. And when he had read it aloud, he said the same. I gave mandate and subscribed. I have an opponent. And he read aloud: Antonius, bishop of Lamsorta. He said the same. I gave mandate and subscribed. I have no adversary there.

And he read aloud: Datianus, bishop of Tamica. He said the same. I gave mandate and subscribed; I have no adversary there. And he read aloud: Victorianus, bishop of Abissa. And when he had read it aloud, he said the same: I gave mandate and subscribed; I have an adversary in my diocese. And he read aloud: Natalicus, bishop of Zella. I gave mandate and subscribed. Maximinus, bishop of the Catholic Church, said: It is the diocese of bishop Mizonius. He has presbyters and a more abundant people than he himself. And he read aloud: Fortis, bishop of Cedia. I gave mandate and subscribed; I have no adversary.

Bishop Petilianus said: Your magnificence, noble sir, makes use of a great shortcut, so that the ten fathers and colleagues of ours who have already professed that they gave mandate and subscribed may also testify that the remaining fathers subscribed. Indeed this contributes most especially to this end, that the time of this day be not prolonged further. Yet it is nonetheless expedient for the cause that each and every one profess both that he gave mandate and that he subscribed, so that they may also not pass over in silence that they have no rivals. For it seems to be a gain yielded to those who have shown through this province that they have many adversaries against our people, if in the province of Numidia we do not show that they have none at all, or that they have some, but in rare places. For our entire contention, noble sir, as you deign to remember, has very frequently been concerned with number, and cleaves most vehemently to the same point.

And although peace may nourish and preserve a multitude for us, while wars gather a multitude for them—since, in our absence, they erect many images here and there in places, or in cities, or in dioceses, so that they may appear numerous—yet even if the number on each side of the opposition be equal, mine ought to appear the greater, which both persisted in my absence, and, being itself the principal and authentic one, is not overcome even by manifold rivalry. And in another hand. I, Bishop Petilianus, have acknowledged.

Fortunatianus, bishop of the Catholic Church, said: We could indeed have demonstrated, insofar as it pertains to the cause, that the Catholic Church spread throughout the whole world is more numerous, if the entire weight of the action rested on this point. But because Petilianus employs, I know not what, dilatory proceedings, most weighty sir, let superfluous matters be cut away and let us now come to the beginning of the cause, signifying and making known to your nobility that he wished to bring forth a vain prejudice against us by his prosecution. And as he was speaking. (And in another hand. I have acknowledged.)

Fortunatianus, bishop of the Catholic Church, said: As he was speaking, stretching forth the snares of excuse, that before the day of the hearing he had, as it were, observed the senate of heaven—that the bishops of the party of Donatus had been worn out by prolonged labor—whereas on our part a hearing was always altogether demanded; but for this reason we observed the day and the time, so that in this too the obedience of the Catholic Church might be shown. And as he was speaking (and in another hand. I have acknowledged.)

Marcellinus, a most distinguished man, tribune and notary, said: The subscriptions of all, as I had ordered, shall be read. Rufinianus the scribe read: Optatus, bishop of Rusuccura. And when he had read it, Optatus the bishop said: I gave the mandate and subscribed. And he read: Pomponius, bishop of Macriana. And when he had read it, the same said: I gave the mandate and subscribed. And he read: Donatianus, bishop of Bagae. And he read: Privatus, bishop of Auzaga. And when he had read it, the same said: I gave the mandate and subscribed; I have no adversary in my congregation. Ampelius, bishop of the Catholic Church, said: Recognizing perfect unity from his conversion, my brother Bishop Primulus speaks the most correct faith together with me. For he was then a bishop of the party of Donatus. Now, having converted, he demonstrates, together with his congregation, the integral faith from his conversion. Unity there is perfect, not only in the city itself, but also in all the dioceses.

Marcellinus, a most distinguished man, tribune and notary, said: Let these names, about which a doubt arises, be read again. And he read: Donatianus, bishop of Bagae; Privatus, bishop of Vaga. Alypius, bishop of the Catholic Church, said: Let there be no deception. Rogatus, bishop, said: He is called Januarianus, not Privatus.

Marcellinus, a most distinguished man, tribune and notary, said: You have deigned to make known to the court with sufficient episcopal truthfulness the matter from which the error had arisen. Wherefore let the rest now be read through. And he read: Donatus, bishop of the congregation of Celerina. And when he had read it, the same said: I gave the mandate and subscribed; I have had and have absolutely no adversary in my congregation. And he read: Victor, bishop of Hippo Diarrhytus. And when he had read it, the same said: I both gave the mandate and subscribed. And he read: Sarmentius, bishop of Ternamusus. Let the record hold that I have no adversary in my congregations. And he read: Perseverantius, bishop of Theveste. And he read: Pancratius, bishop of Badias. And he read: Maximianus, bishop of Sertei. And he read: Severinus, bishop of Castellum. And he read: Colonicus, bishop of Tinista. And when he had read it, the same said: I both gave the mandate and subscribed, and I have no traditores among me.

And he read: Felix, bishop of Mopti. And he read: Secundinus, bishop of Jucundiana. And when he had read it, the same said: I both gave the mandate and subscribed; I have no adversaries in the Church. And he read: Donatus, bishop of Vageatae.

Bishop Petilianus said. So also you have many scattered throughout all the fields. Indeed, where you have them in numbers, you certainly have them also without congregations. And in another hand. Bishop Petilianus, I have reviewed. Marcellinus, most distinguished man, tribune and notary, said. Let what appears to have been submitted to the proceedings by both parties be written down. And he read aloud. Rogatianus, bishop of Idassa. And when he had read it aloud, the same man said. I have given mandate and subscribed: I have no adversary. Aurelius, bishop of the Catholic Church of Macomades, said. I have a presbyter in the Church, Florentinus. There were three Catholic bishops who have now departed: we have not yet been able to ordain. We have a presbyter there, Florentinus. And he read aloud. Germanus, bishop of Zugabbara. I have given mandate and subscribed. And he read aloud. Rogatianus, bishop of Villamagna. And he read aloud. Presbyter Manilius of Bazia on behalf of my bishop. And when he had read it aloud.

Marcellinus, most distinguished man, tribune and notary, said. On behalf of which bishop? Bishop Petilianus said. He has been deprived of sight. And in another hand. Bishop Petilianus, I have reviewed. Alypius, bishop of the Catholic Church, said. Let it be answered whether he is present, on whose behalf the subscription was made. And in another hand. I have reviewed. Bishop Primianus said. Let us speak the truth. He has been deprived of his eyes, he could not come, he sent his presbyter. And in another hand. Bishop Primianus, I have reviewed. But his own name ought to have been recorded in the subscription.

Alypius, bishop of the Catholic Church, said. Let it be attested that they wish to insert also the names of the absent, so that it may likewise be permitted to us to insert into the proceedings all the Catholic bishops who were unable to be present by reason of illness or some other circumstance. And in another hand. I have reviewed. And he read aloud. Donatus, bishop of Apissa. And when he had read it aloud, the same man said. I have given mandate and subscribed: I have no adversary.

Bishop Petilianus said. Since the proceeding of the opposing party, by its attestation, has shown that they have some who are absent, we likewise do not keep silent that some of ours have been prevented from coming by many necessities or adverse states of health, and that some sees are now shown to be vacant, for which bishops have not yet been ordained. Let this also be contained in the proceedings. And in another hand. Bishop Petilianus, I have reviewed.

Marcellinus, most distinguished man, tribune and notary, said. As far as the confirmation of the mandate is concerned, the number of priests on either side who are shown to have subscribed to the same mandate is sufficient. Wherefore let the remainder be read through, with the superfluous excuses of the absent set aside. And he read aloud. Quintasius, bishop of Vaia. And when he had come forward, the same man said. I have given mandate and subscribed.

Alypius, bishop of the catholic church, said: Let the subscription of the absent therefore be struck out. And in another hand: I have reviewed it. And he read aloud. Januarius, bishop of Lamasbensis. And when he had come forward, he said the same. I have mandated and subscribed. He likewise read aloud. Felix, bishop of Novasinensis. I have mandated and subscribed. He likewise read aloud. Martialis, bishop of Idicrensis. I have mandated and subscribed. He likewise read aloud. Gedudus, bishop of Uticensis. I have mandated and subscribed. He likewise read aloud. Urbanus, bishop of Satafensis. I have mandated and subscribed. He likewise read aloud. Donatus, bishop of Cillitanus. I have mandated and subscribed. He likewise read aloud. Liberalis, bishop of the place of Nasaitensis. I have mandated and subscribed: nor have I had an adversary, nor do I have one, nor shall I have one, God permitting. He likewise read aloud. Maximianus, bishop of Hermianensis. I have mandated and subscribed. He likewise read aloud. Fortunatus, bishop of Vesceritanus. I have mandated and subscribed. He likewise read aloud.

Peregrinus, bishop of Sufetanus. I have mandated and subscribed. He likewise read aloud. Donatus, bishop of Merferebitanus. I have mandated and subscribed. He likewise read aloud. Gavinus, bishop of Vegeselitanus. I have mandated and subscribed. He likewise read aloud. Veratianus, bishop of Carpitanus. I have mandated and subscribed, I who am the successor of Faustinianus, who had been ordained in the unity of truth by Donatus, but afterwards in the times of Macarius, the traditores emerged there. He likewise read aloud. Gaianus, bishop of Tigualensis. I have mandated and subscribed. He likewise read aloud. Rogatus, bishop of Perdicensis. I have mandated and subscribed. He likewise read aloud. Victorinus, bishop of the congregation of Leptiminensis. I have mandated and subscribed. He likewise read aloud. Martinianus, bishop of the place of Tibuzabetensis. I have mandated and subscribed. He likewise read aloud. Quintianus, bishop from Lacus-dulcis. Valentinianus, deacon of bishop Primianus, said: He is unwell. He likewise read aloud. Pelagius, bishop of Vanarionensis. I have mandated and subscribed: I have no adversary. He likewise read aloud. Victorianus, bishop of Tibaritanus.

I have mandated and subscribed. He likewise read aloud. Primulianus, bishop of Mandasumitanus. I have consented and subscribed. He likewise read aloud. Fortunatianus, bishop of Metensis. I have mandated and subscribed. He likewise read aloud. Felicianus, bishop of Utinensis. I have mandated and subscribed. He likewise read aloud. Florentinus, bishop from Tubusubtu. I have mandated and subscribed. He likewise read aloud. Marcus, bishop of Midicensis. Alypius, bishop of the catholic church, said: Where are you from? And what is your city? Marcus the bishop said: Near Taprura, Midica. Diminianus of Taprura knows me. He likewise read aloud. Donatus, bishop of Cresimensis. He likewise read aloud. Victorianus, bishop of Puppitanus. I have mandated and subscribed. He likewise read aloud. Dativus, bishop of Novapetrensis. I have mandated and subscribed: and I have no adversary, because there is lord Marculus, whose blood God will require on the day of judgment. He likewise read aloud. Maximinus the bishop said. I have mandated and subscribed. He likewise read aloud. Cresconius, bishop of Legensis.

I have mandated and subscribed: I have not had, nor do I have, an adversary there. He likewise read aloud. Valentinianus, bishop of Juncensis. I have mandated and subscribed. He likewise read aloud. Gaudentius, bishop of Zertensis. Aurelius, bishop of the catholic church of Macomaziensis, said: There is a presbyter of the Catholics there. Gaudentius the bishop said: I have no adversary among my congregation. He likewise read aloud. Bonifacius, bishop of Urugitanus. I have mandated and subscribed. He likewise read aloud. Donatus, bishop of Bamaccorensis. I have mandated and subscribed, and I have no adversary among the congregation, save only Absalon. Aurelius, bishop of the catholic church of Macomadiensis, said: Here is the bishop Cassianus, who is present. He likewise read aloud. Restitutus, bishop of Drusilianensis. I have mandated and subscribed. He likewise read aloud.

Flavianus, bishop of Pauzerensis. I have mandated and subscribed. He likewise read aloud. Clarentius, bishop of Tabracensis. I have mandated and subscribed. He likewise read aloud. Recargentius, bishop of Lamiggigensis. Aurelius, bishop of Macomadiensis, said: There is Crescentianus the presbyter there. He likewise read aloud. Pascasius, bishop of Tuggensis. I have mandated and subscribed. He likewise read aloud. Castus, bishop of Cellensis. I have mandated and subscribed. He likewise read aloud. Aptus, bishop of Tuzuritanus. I have mandated and subscribed. He likewise read aloud. Victor, bishop of Rotariensis. Aurelius, bishop of the catholic church of Macomadiensis, said: We had a bishop there. You killed him and seized his place.

Adeodatus the bishop said: He says a bishop was killed. Let him accuse, let him prove, let him make his charge. And in another hand: I, Adeodatus the bishop, have acknowledged. Aurelius bishop of the Catholic Church of Macomadia said: And they rebaptized that ninety-year-old man who was a bishop. Victor bishop of Azurus of the Catholic Church said: He says he has none. I have a Church there, which does not escape your notice. He likewise read aloud: Calipodius bishop of Vazarita. And when he came forward, he said the same. I have mandated and subscribed. He likewise read aloud: Benenatus bishop of Casae Bastalenses. I have mandated and subscribed, and I have no adversary. He likewise read aloud: Honoratus bishop of Adquesirum. I have mandated and subscribed. He likewise read aloud: Felix bishop of Maxula. I have mandated and subscribed. He likewise read aloud: Marcianus bishop of Sitifis. I have mandated and subscribed. He likewise read aloud: Januarius bishop of Numidia. I have mandated and subscribed, and I have no traditores.

Fortunatianus bishop of the Catholic Church of Sicca said: Where are you from? Januarius the bishop said: It is Numidia. It is Mauretania Caesariensis. Reparatus bishop of the Catholic Church of Sufasaritana said: It is my diocese. I have a presbyter there; he kept watch there with you. He likewise read aloud: Campanus bishop of Cincari. I have mandated and subscribed. He likewise read aloud: Cresconius bishop of Caesariana. I have mandated and subscribed; I have no rival.

Novatus bishop of the Catholic Church of Sitifis said: He has against him a Catholic presbyter, clergy in abundance, and peoples from the assembly of the Donatists. Here is the presbyter and deacon, here in this city of Carthage, whom he plundered, whom he tortured, whom he hanged. Moreover he plundered the Catholic Church, carried off money, transported grain, drove away carts, so that this man may know that there is a Catholic Church there. This is what I have set forth. Adeodatus the bishop said: All these things must be dealt with by documents. Let him who brings forth a lie in judgment take the risk. And in another hand: I, Adeodatus the bishop, have acknowledged. Novatus bishop of the Catholic Church said: Order the presbyter of the place to be admitted.

Marcellinus, most illustrious man, tribune and notary, said: Let those matters be reserved for another time; let what has been delegated to the sacred judgment now be carried out. He likewise read aloud: Felicissimus bishop of Obba. And when he came forward, he said the same. I have mandated and subscribed. He likewise read aloud: Rufinus presbyter, on behalf of my bishop Julian of Midila, I have subscribed.

Fortunatianus, bishop of the catholic Church, said: We wish this also to be attested, that he subscribed on behalf of one absent. And in another hand: I have reviewed it. Likewise he read out: Optatus, bishop of Timicita. And when he had come forward, he said the same: I have given mandate and subscribed. Likewise he read out: Victorianus, bishop of Tigimma. Likewise he read out: Honorius, bishop of Vartana. Likewise he read out: Martinus, bishop of Siccesi. Likewise he read out: Vindemius, bishop of Cenae. Likewise he read out: Donatus, bishop of Tanudaium. Likewise he read out: Possidius, bishop of Sillita. Likewise he read out: Reparatus, bishop of Aquae. Likewise he read out: Honoratus, bishop of Lares. Likewise he read out: Proficentius, bishop of Macomazia. And when he had come forward, he said the same: Although I have no adversary, I have given mandate and subscribed. Fortunatianus, bishop of the catholic Church, said: Of which Macomadia? Proficentius the bishop said: Rusticiana. Likewise he read out: Paschasius, bishop of Dusita. Likewise he read out: Antonianus, bishop of Drua.

Likewise he read out: Januarius, bishop of Aquae Alba. Likewise he read out: Crescens, bishop of Icosium. Likewise he read out: Paschasius, bishop of Tura. Likewise he read out: Victor, bishop of Oriens. Likewise he read out: Marcianus, bishop of Tabazaga. Likewise he read out: Cresconius, bishop of Sigui. As I have no adversary, so may I never have one. Likewise he read out: Dativus, bishop of Visa. Likewise he read out: Quodvultdeus, bishop of Nebbita. Likewise he read out: Constantius, bishop of Rusubicari. Likewise he read out: Augustalis, bishop of Altiburum. Likewise he read out: Saturninus, bishop of Tamagrista. Likewise he read out: Simplicius, bishop of Thibilis. And when he had come forward, he said the same: I have given mandate and subscribed: I have no adversary. Aurelius, bishop of the catholic Church of Macomadia, said: He is the bishop who was rebaptized, and has been made a hearer.

Adeodatus the bishop said: This must be preserved for the cognizance of the court. He acknowledged the truth. He read again. Verianus, bishop of Turris Alba. And when he had come forward, he said the same. I gave mandate and subscribed. He read again. Verissimus, bishop of Tacarata. I gave mandate and subscribed. He read again. Servatus, bishop of Ampora. I gave mandate and subscribed. He read again. Martialis, bishop of Vatarba. I gave mandate and subscribed: I have no adversary. He read again. Donatus, bishop of Tamascanina. I gave mandate and subscribed. He read again. Quadratianus, bishop of the plebs of Sicilibba. I gave mandate and subscribed. He read again. Saturnus, bishop of Sita. I gave mandate and subscribed. He read again. Junior, bishop of Rusicicade. I gave mandate and subscribed. He read again. Miggin, bishop of Edistiana. I gave mandate and subscribed. He read again. Fidentius, bishop of Diana. I gave mandate and subscribed. He read again. Geminius, bishop of Clypea. I gave mandate and subscribed. He read again. Marcianus, bishop of Assaba. I gave mandate and subscribed.

He read again. Rogatianus, bishop of Vicus Ateri. I gave mandate and subscribed. He read again. Donatus, bishop of Buccona. He read again. Donatus, bishop of Tegula. I gave mandate and subscribed. He read again. Donatus, bishop of Zica. I gave mandate and subscribed. He read again. Felix, bishop of Magarmelita. I gave mandate and subscribed. He read again. Marcellinus, bishop of Mullita. I gave mandate and subscribed. He read again. Benenatus, bishop of Casae Silvanae. I gave mandate and subscribed. He read again. Rufinus, bishop of Labda. I gave mandate and subscribed. He read again. Victor, bishop of Dionysiana. Primianus, bishop of Carthage, said: He. He read again. Benenatus, bishop of Mesarfelta. I gave mandate and subscribed: and I have no adversary. Aurelius, bishop of the Catholic Church of Macomades, said: You have one there. Your persecution overturned very many citizens. Lucianus was bishop there. He still needs to be ordained. He read again. Gloriosus, bishop of Migirpa. I gave mandate and subscribed. He read again. Junianus, bishop of Lamigiga. I gave mandate and subscribed. He read again.

Paulus, bishop of Sicca. I gave mandate and subscribed. He read again. Felicianus, bishop of Aquae Novae. I gave mandate and subscribed. He read again. Aemilianus, bishop of Verrona. I gave mandate and subscribed. He read again. Secundinus, bishop of Uvazia. I gave mandate and subscribed. He read again. Bellicius, bishop of Telepte. I gave mandate and subscribed. He read again. Lucius, bishop of Zaba. I gave mandate and subscribed. He read again. Bebianus, bishop of Dusa. I gave mandate and subscribed. He read again. Bonifacius, bishop of Utimma. I gave mandate and subscribed. He read again. Restitutus, bishop of Membresa. I gave mandate and subscribed. He read again. Cresconius, bishop of Aquae. I gave mandate and subscribed: and I have no traditor in my congregation. Aurelius, bishop of the Catholic Church of Macomades, said: We have a presbyter there. For there was also a bishop there, who has recently died, and in his place no one has yet been ordained. He read again. Victor, bishop of Curubis. I gave mandate and subscribed. He read again. Saturus, bishop of Bizacium.

I gave mandate and subscribed. He read again. Florentinus, bishop of Furnita. I gave mandate and subscribed. He read again. Aemilianus, bishop of Casae Medianenses. I gave mandate and subscribed. He read again. Victor, bishop of Gatiana. I gave mandate and subscribed. He read again. Luculus, bishop of Hospitia. I gave mandate and subscribed. I have two against me, and they have just now ordained one. He read again. Romanus, bishop of Lesvita. I gave mandate and subscribed. He read again. Restitutus, bishop of Segermita. I gave mandate and subscribed. He read again. Cresconius, bishop of Horrea Aninicensia. I gave mandate and subscribed. He read again. Faustinus, bishop of Tambaia. I gave mandate and subscribed. He read again. Primilianus, bishop of Lucimagnum. He read again. Maximianus, bishop of Bennefa. Primianus, bishop of Carthage, said: He departed from the body today. He read again. Donatus, bishop of Tisedita. I gave mandate and subscribed. He read again. Urbanus, bishop of Tales. I gave mandate and subscribed. He read again. Innocentius, bishop of Guzabeta. He read again. Felix, bishop of Zumma.

I gave mandate and subscribed. He read again. Leontius, bishop of Rusticiana. Terentius, bishop of the Catholic Church, said: This man used to rebaptize after the party of Donatus. He was afterwards rebaptized himself, and was thus ordained.

Adeodatus the bishop said: Reserve what is proper to the parties. He likewise read aloud. Evasius, bishop of Girba. And when he had come forward, he said the same: I gave mandate and subscribed.

Fortunatius, bishop of the catholic Church of Sicca, said: Let it be shown how Felix of Zumma was able to subscribe while absent. And in another hand: I have reviewed.

Marcellinus, most distinguished man, tribune and notary, said: Let the office plainly show from what place the bishop Felix subscribed. And he read aloud: Felix of Zumma. Alypius, bishop of the catholic Church, said: Let it be attested that a falsity in the subscription has been detected. And in another hand: I have reviewed. Adeodatus the bishop said: This is an error, not a falsity. Alypius, bishop of the catholic Church, said: A great error. He did not know where he was from. Possidius, bishop of the catholic Church, said: Let their Notary at least declare who subscribed under his name. As above. Alypius, bishop of the catholic Church, said: It is enough that we have not passed over these matters. As above. Petilianus the bishop said: A certain Felix of Lambe, our colleague, is ill here; but two others as well, namely Flavianus and Donatus, are detained there by no slight illness.

I believe that that Felix gave mandate to someone to subscribe on his behalf, and an error was made in the name of the see or place; which they should either accept in good faith, or we suffer the loss of this name. And in another hand: I, bishop Petilianus, have reviewed. Marcellinus, most distinguished man, tribune and notary, said: You have received the continuation, which I reckon can suffice for you. Therefore allow the remainder to be read through. And he read aloud: Januarius, bishop of Tubursicum of the Numidians. And when he had come forward, he said the same: I gave mandate and subscribed. He likewise read aloud: Securus, bishop of the city of Tenita. And when he had come forward, he said the same: I am here; and I gave mandate and subscribed. He likewise read aloud: Donatus, bishop of Arensis. And when he had come forward, he said the same: I gave mandate and subscribed, and I have no traditores in my congregation. He likewise read aloud: Marinianus, bishop from Oea.

He likewise read aloud: Montanus, bishop from Cemeriniana. And when he had come forward, he said the same: I gave mandate and subscribed; I have no adversary. Fortunatus, bishop of the catholic Church of Constantina, said: We have there a Church, and a presbyter Terentius. He likewise read aloud: Donatianus, bishop of Carcabiana. He likewise read aloud: Justus, bishop of Nicibis. He likewise read aloud: Felix, bishop of Tagaraia.

And when he had come forward, he said the same. I have mandated and subscribed. Likewise he read out. Victor, bishop of Equizetum. I have mandated and subscribed. Likewise he read out. Januarius, bishop of Horreum Caeliae. I have mandated and subscribed. Likewise he read out. Cresconius, bishop of Pudentiana. I have mandated and subscribed. Traitors, however, I have neither in my people nor in any part of my diocese. Aurelius, bishop of the Catholic Church of Macomades, said: We had there a bishop Memmianus, a most reverend man. Afterwards we ordained another Memmianus there. They died. We are ordaining another. Adeodatus the bishop said: For whom? Aurelius, bishop of the Catholic Church of Macomades, said: With you removed, we ordain. They themselves pulled down the basilicas, they themselves carried off the ornaments of the Church. He who is speaking pulled down four basilicas in one place. Likewise he read out. Januarius, bishop of Aptuca. I have mandated and subscribed. Victor, bishop of the Catholic Church of Libertina, said: Unity is there; it does not escape the public conscience.

Likewise he read out. Fidentius, bishop of Cullita. I have mandated and subscribed. Likewise he read out. Saturninus, bishop of Gazabiana. I have mandated and subscribed. Likewise he read out. Vitalis, bishop of Masculita. I have mandated and subscribed. Aurelius, bishop of the Catholic Church of Macomades, said: This Vitalis was a Catholic deacon in the city of Sitifis. Having been rebaptized, he was made a presbyter. He was expelled on account of adultery, and afterwards was made a bishop. Petilianus the bishop said: You wished to stand in the place of an accuser. Aurelius, bishop of the Catholic Church of Macomades, said: Not in the place of an accuser, but of one making a defense. Likewise he read out. Rufinianus, bishop of Tuburbita. I have mandated and subscribed. Likewise he read out. Cresconius, bishop of Baiesa. I have mandated and subscribed. Likewise he read out. Saturninus, bishop of Victoriana. I have mandated and subscribed. Likewise he read out. Lucianus, bishop of Burugiata. I have mandated and subscribed. Likewise he read out. Maximus, bishop of Abitina.

I have mandated and subscribed. Likewise he read out. Victor, bishop of Gibba. I have mandated and subscribed. Likewise he read out. Victorianus, bishop of Tunusuda. I have mandated and subscribed. Likewise he read out. Cresconius, bishop of Ausugrabum. I have mandated and subscribed. Likewise he read out. Fortunatianus, bishop of Senemsalis. I have mandated and subscribed. Likewise he read out. Salustius, bishop of Zerta. I have mandated and subscribed. Likewise he read out. Hilarius, bishop of Sullita. I have mandated and subscribed. Likewise he read out. Victor, bishop of Tabora. And when he had read it out, Victor, bishop of Tabora, said: I had indeed received a mandate; but because our most blessed father and chief Primianus has now received it, it is necessary for me to mandate these acts. Marcellinus, most distinguished man, tribune and notary, said: The acts will retain your will. Likewise he read out. Argutus, bishop of Tabudus. I have mandated and subscribed. Likewise he read out. Felix, bishop of the Royal Manazenses. I have mandated and subscribed. Likewise he read out.

Macrobius, bishop of Hippo. I have mandated and subscribed. Likewise he read out. Maximinus, bishop of Uzabira. I have mandated and subscribed. Likewise he read out. Cresconius, bishop of Silemsilum. I have mandated and subscribed. I have no traitor among my people. Aurelius, bishop of the Catholic Church of Macomades, said: We have a presbyter who intervened.

Adeodatus the bishop said: You said he intervened. If you wish to scatter your people everywhere, you now seem to have a share with us in those places where there are Christians. And in another hand: I have reviewed. Likewise he read out. Gaudentius, bishop of Nigizubita. And when he had come forward, he said the same. I have mandated and subscribed. Likewise he read out. Cresconius, bishop of Sinita. I have mandated and subscribed. Likewise he read out. Turrasius, bishop of Fissana. I have mandated and subscribed. Likewise he read out. Speratus, bishop of Cataqua. I have mandated and subscribed. Likewise he read out. Fortunatianus, bishop of Vensana. I have mandated and subscribed. Likewise he read out. Januarius, bishop of Centuriona. I have mandated and subscribed. Likewise he read out. Comparator, bishop of Mactaris. I have mandated and subscribed. Likewise he read out. Cresconius, bishop of Banzara. I have mandated and subscribed: I have no traitor among my people. Likewise he read out. Victor, bishop of Hilta. I have mandated and subscribed. Likewise he read out.

Victor, bishop of Titulita. I have mandated and subscribed. Likewise he read out. Felix, bishop of Voseta. I have mandated and subscribed.

Adeodatus the bishop acknowledged. He likewise read aloud. Rogatus, bishop of Zaraitensis. And when he had come forward, he said the same. I have mandated and subscribed. Cresconius, bishop of the Catholic Church, said: He was a Catholic deacon, and was rebaptized. Adeodatus the bishop said: Preserve for the parties what is fitting. He likewise read aloud. Maximinus, bishop of Tuburbitanus. I have mandated and subscribed. He likewise read aloud. Donatus, bishop from Medianae of the Zabunii. I have mandated and subscribed.

Victor, bishop of the Catholic Church, said: Let him prove that he came to the one house of which he speaks. Novatus, bishop of the Catholic Church of Sitifi, said: Let it be written that Medianae of the Zabunii has a presbyter. He himself holds the congregation and the basilica today. He has unity. There are no Donatists there. Above the body of the Catholic bishop I ordained a presbyter, and, God willing, a bishop will be ordained there. The Donatist bishop, however, is not in that place. Adeodatus the bishop said: Against these things, preserve what is fitting. And in another hand: Adeodatus the bishop acknowledged. Marcellinus, most distinguished man, tribune and notary, said: What is fitting for the parties will be preserved. He likewise read aloud. Felix, bishop of Uzalis. And when he had come forward, he said the same. I have mandated and subscribed. He likewise read aloud. Servandus, bishop from Casae Favenses. I have mandated and subscribed. I have no traditor. He likewise read aloud. Felix, bishop of Putia. I have mandated and subscribed.

Marcellinus, most distinguished man, tribune and notary, said: I have ruled on these matters quite frequently; it is superfluous to linger on these things which you believe require it. He likewise read aloud. Messianus, bishop of Seleuciana. And when he had come forward, he said the same. I have mandated and subscribed. He likewise read aloud. Liberantius, bishop of Tisiana. I have mandated and subscribed. He likewise read aloud. Cresconius, bishop of Advocata. I have mandated and subscribed.

He likewise read aloud. Donatus, bishop of Scillium. I have mandated and subscribed. He likewise read aloud. Urbanus, bishop of Vicus. I have mandated and subscribed. He likewise read aloud. Victorinus, bishop of Hadrumetum. I have mandated and subscribed. He likewise read aloud. Maximus, bishop of Caniana. I have mandated and subscribed. He likewise read aloud. Ampelius, bishop of Neapolis. I have mandated and subscribed. He likewise read aloud. Maximus, bishop of Macri. I have mandated and subscribed. He likewise read aloud. Idaxius, bishop of Muzucum. I have mandated and subscribed. He likewise read aloud. Restitutus, bishop of Flumenpiscensis. I have mandated and subscribed. He likewise read aloud. Tertullus, bishop of Cilibia. I have mandated and subscribed. (He likewise read aloud.) Januarius, bishop of Nara. I have mandated and subscribed. He likewise read aloud. Honoratus, bishop of Thusdruma. I have mandated and subscribed. He likewise read aloud. Crescentilianus, bishop of Lambiridi. I have mandated and subscribed: and I declare that I have no traditors. Aurelius, bishop of the Catholic Church of Macomades, said: You declare superfluously.

There was a bishop there, who recently died. Another will need to be ordained there. He likewise read aloud. Habetdeus, bishop of Aurusuliana. I have mandated and subscribed. He likewise read aloud. Burcaton, bishop of Gemellae. I have mandated and subscribed. I have no traditor, nor have I ever had one. He likewise read aloud. Januarius, bishop of Betagbara. I have mandated and subscribed. He likewise read aloud. Donatianus, bishop of Lamzella. I have mandated and subscribed. Moreover I neither have, nor have had, nor shall have a traditor. Aurelius, bishop of the Catholic Church of Macomades, said: Rufus, our bishop, was there. At Lamzella, Gildo was placed in our basilica. Let it be written, while the election is awaited. But in the name of Christ a bishop will be ordained there. He likewise read aloud. Celer, bishop of Capsa. I have mandated and subscribed. He likewise read aloud. Cresconius, bishop of Musertita. I have mandated and subscribed. He likewise read aloud. Donatus, bishop of Tubursicum. I have mandated and subscribed. He likewise read aloud. Quodvultdeus, bishop of Cessa.

Bishop Petilianus said: He failed on the journey. And in another hand: I, Bishop Petilianus, have acknowledged. Bishop Fortunatianus of the Catholic Church said: Let it be shown how one who is said to have failed on the journey is found to have subscribed. And in another hand: I have acknowledged. Bishop Petilianus said: It was not said of that man; you act calumniously; it was reported of another. Bishop Fortunatianus of the Catholic Church said: Of whom? Bishop Petilianus said: Of one who died on the road. And in another hand: As above. Bishop Alypius of the Catholic Church said: Let the names be read out, so that he may acknowledge them. Bishop Fortunatianus of the Catholic Church said: If he failed on the road, how did he subscribe? Bishop Aurelius of the Catholic Church of Carthage said: Did a cleric subscribe on behalf of a dead man? Bishop Alypius of the Catholic Church said: Let him choose for himself, that I may show how he lies.

Marcellinus, most distinguished man, tribune and notary, said: Let it be shown how he who is said to have failed on the journey subscribed. Bishop Alypius of the Catholic Church said: Let it be read out whether a cleric subscribed in his own name or in the name of the deceased. Marcellinus, most distinguished man, tribune and notary, said: Let it be read out in whose name he who is said to have failed on the journey subscribed. And he read out: I, Bishop Quodvultdeus of Cessita, being ill, have subscribed. Bishop Fortunatianus of the Catholic Church said: Your Nobility observes that no cleric's name subscribed in place of the deceased's name, but that, as though of a living man, the subscription of one dead to us, who according to their own profession is said to have failed on the journey, was presented. Bishop Petilianus said: What if he too should die, who subscribed while ill? As though not one has failed today.

Bishop Aurelius of the Catholic Church of Carthage said: But you said he failed on the journey. Bishop Alypius of the Catholic Church said: These detected matters suffice. Let the rest follow. Bishop Petilianus said: You have detected nothing; you argue against the truth. Bishop Alypius of the Catholic Church said: You yourself said it.

Marcellinus, most illustrious man, tribune and notary, said: If it is true, as you assert, that he died on the journey, it is established that his subscription was read out most falsely; but if he himself subscribed, he could not have perished on the journey. Petilianus the bishop said: Is it not human to die? Do not even the dying subscribe to their own testaments? And in another hand: I, Petilianus the bishop, have acknowledged. Alypius, bishop of the Catholic Church, said: It is a matter of human nature to die, but it is a matter of inhumanity to deceive. And in another hand: I have acknowledged. Petilianus the bishop said: This is not deception, because he could have died on the journey upon returning. I am still receiving the mandate at this moment. I say what moves me. Fortunatianus, bishop of the Catholic Church, said: Let the date of the mandates, as set forth by the parties, be read out, so that it may appear, concerning the name of the deceased, which party has rushed into falsehood.

Marcellinus, most illustrious man, tribune and notary, said: Let the office disclose the date of the mandate. Rufinianus the scribe said: I will read out the date of the mandate as your sublimity has commanded. And he read it out: After the consulship of Varaus, most illustrious man, on the eighth day before the Kalends of June, at Carthage. And while he was reading, Marcellinus, most illustrious man, tribune and notary, said: Let the rest be read through. Rufinianus the scribe read out: Januarianus, Primianus, Felix, Donatus, Candorius, Optatus, Donatianus, Antonianus, Victorianus, Fortis, and the rest; to Primianus, Petilianus, Emeritus, Protasius, Montanus, Gaudentius, Adeodatus, our fellow bishops, those present to those present, greeting. And while he was reading, Aurelius, bishop of the Catholic Church, said: He himself subscribed just now. Now he said the cleric subscribed, now the bishop. And while he was speaking, (and in another hand: I have acknowledged,) Marcellinus, most illustrious man, tribune and notary, said: You observe that those present gave the mandate to those present for the transaction of the business.

How then is it that he who, being present in this city, professed without doubt to have given the mandate among the rest, is said to have died on the journey, and to have subscribed to the mandate in this city? Adeodatus the bishop said: Eight days passed while the mandate was being drawn up. He who gave the mandate, concerning whose name the matter now turns, when he had begun to fall ill, returning to his own home, died on the journey. And in another hand: I, Adeodatus the bishop, have acknowledged. Vincentius, bishop of the Catholic Church, said: Let him state in what place he died. Adeodatus the bishop said: I do not know the place. And in another hand: As above.

Marcellinus, most illustrious man, tribune and notary, said: Since the account of your holiness is plausible, by which you testify that he was here and died on the journey while returning home in a state of illness, it is at least fitting that you should show this, so that you may designate under the testimony of God whether he was in this city. Fortunatianus, bishop of the Catholic Church, said: If your sublimity so commands, let the account of Petilianus, most illustrious man, be read out, so that from the reading all may recognize how untruly it is now said that he died on the journey while returning from Carthage, since his account demonstrated otherwise concerning him. Marcellinus, most illustrious man, tribune and notary, said: Let the requested account be read.

And when it was being read from the codex, Marcellinus, most illustrious man, tribune and notary, said: Nothing more seems to me to need to be inquired into on this point, except that it should be disclosed by a simple declaration, under divine testimony, whether he concerning whom the matter turns was present here. Emeritus the bishop said: What if another person substituted himself for the same man? And in another hand: I, Emeritus the bishop, have acknowledged.

Marcellinus, a most distinguished man, tribune and notary, said: Concerning this, the judgment of God will be, even without the interposition of an oath, complete in every respect against those who deceive. Whereupon the remaining names of the subscribers are read out. And he recited: Quodvultdeus, bishop of Volitana. And when he had come forward, the same said: I have authorized and subscribed. He likewise recited: Donatus, bishop of Turris Rotunda. He likewise recited: Victorius, bishop of Selendeta. Crescentianus the bishop said: This one. He likewise recited: Crescentianus, bishop of Ammedera. He likewise recited: Felix, bishop of Bulla. He likewise recited: Cresconius, bishop of Cibaliana. He likewise recited: Jurata, bishop of Turris Tamallumensis. He likewise recited: Liberalis, bishop of Milidia. He likewise recited: Donatus, bishop of Auzagera. He likewise recited: Victor, bishop of Villaregum. He likewise recited: Donatus, bishop of Buza. He likewise recited: Lucius, bishop of Tamalla. He likewise recited: Quintus, bishop of Tagarata. He likewise recited: Datianus, bishop of Telepte. He likewise recited: Megasius, bishop of Tucabora. He likewise recited: Honoratus, bishop of Jommita.

He likewise recited: Vitalis, bishop of Ucra. He likewise recited: Plulianus, bishop of Mascliana. He likewise recited: Faustinus, bishop of Naraggara. He likewise recited: Felicianus, bishop of Vilta. He likewise recited: Felix, bishop of Boncara. He likewise recited: Felix, bishop of Tela. He likewise recited: Secundus, bishop of Arena. And when he had come forward, the same said: I have authorized and subscribed: I have no adversary among my people. He likewise recited: Julianus, bishop of Tignica. He likewise recited: Splendonius, bishop of Mutugenna. He likewise recited: Serenianus, bishop of Mammilla. He likewise recited: Salvianus, bishop of Leptis. He likewise recited: Reparatus, bishop of Vinda. He likewise recited: Leontius, bishop of Praesidium. He likewise recited: Titianus, bishop of Sufetula. He likewise recited: Nestorius, bishop of Maliana. He likewise recited: Donatus, bishop of Ancusa. He likewise recited: Flavosus, bishop of Cissi. He likewise recited: Maximinus, bishop of Turreblanda. He likewise recited: Miggin, bishop of Vagallta. He likewise recited: Donatianus, bishop of Capsa. He likewise recited: Marcianus, bishop of Cebarsussi.

And when he had come forward, the same said: Although I have no adversary, I have nonetheless authorized and subscribed. He likewise recited: Restitutus, bishop of Larita. He likewise recited: Victorianus, bishop of Aquae. Asellicus, bishop of the catholic church of the municipality of Tusuritanum, said: Under the testimony of almighty God and of Jesus Christ our Saviour, I declare that we set out from the Arzuges on the third day before the Kalends of May. He was a presbyter, not a bishop; he was ordained as bishop on the road. But by the faction by which he prevails, he is a bishop there, having been detected in adultery. The hearing is still pending. Marcellinus, a most distinguished man, tribune and notary, said: It suffices that he has been ordained bishop; with this matter set aside, let the office proceed through the rest. And he recited: Faustinus, bishop of Natio. And when he had come forward, the same said: I have no adversary; I have authorized and subscribed.

He likewise recited: Marcianus, bishop of Eminentia [lacuna] The bishop [lacuna] remained behind on the journey. Felix of Novasinnis subscribed on his behalf. Alypius, bishop of the catholic church, said: How did those present authorize on behalf of those present? Felix, bishop of Novasinnis, said: He himself asked me on the road, and I subscribed on his behalf.

Marcellinus, most illustrious man, tribune and notary, said: Although what those present have entrusted to those present has been read and stated, yet lest superfluous delay be wasted, let the office run through the remainder. And he read: Martialis, bishop of Idicrensis, on behalf of Felix of Garbensis and Justus of Formensis, who were detained on the journey by reason of illness, I have subscribed for them. Marcellinus, most illustrious man, tribune and notary, said: This also is plainly similar to the foregoing. And he added: Let another be read. Marcianus, bishop of the Catholic Church, said: Felix, bishop of Garbensis, did not leave his house. And he read: Gaudentius, bishop of Tigisitanus. Cresconius, bishop of Siguitanus, said: Gaudentius, our colleague, bishop of the place of Tigisitanus, remained on the journey by reason of illness; I have subscribed on his behalf.

Alypius, bishop of the Catholic Church, said: There are still colleagues of ours present who did not include their subscriptions in the mandate. For they had been occupied either by illness, or by necessity, or also arrived afterwards. Order that these also, once identified, come forward. And in another hand: I have reviewed.

Marcellinus, most illustrious man, tribune and notary, said: In the meantime let the number of those who have subscribed be shown by the office. Rufinianus, scribe, said: Excepting that page which has an error in the subscription of the Donatists, we find the names to be contained therein. Marcellinus, most illustrious man, tribune and notary, said: But how many names does that page itself contain? Alypius, bishop of the Catholic Church, said: Six, counting also the absent. And as he was speaking (And in another hand: I have reviewed). Rufinianus, scribe, said: Six, and thus they all amount to two hundred and seventy-nine.

Marcellinus, most illustrious man, tribune and notary, said: Now let them not delay to declare how many are those whom they attest to have subscribed. Alypius, bishop of the Catholic Church, said: Let them come forward and be identified. There are twenty. And in another hand: I have reviewed. Marcellinus, most illustrious man, tribune and notary, said: Therefore, if they are present, each one ought to demonstrate his own presence. And when Apronianus, bishop, had come forward, Marcellinus, most illustrious man, tribune and notary, said: Of what city are you bishop? Apronianus, bishop of the Catholic Church, said: Of Mazacensis. Marcellinus, most illustrious man, tribune and notary, said: Do you consent to the mandate, to which you did not subscribe through absence? Apronianus, bishop of the Catholic Church of Mazacensis, said: I consent. Likewise, with Maximinus, bishop of Suffetanus, coming forward, Marcellinus, most illustrious man, tribune and notary, said: Do you also consent to the mandate? He said: I consent and mandate. Likewise, with Victor, bishop of Ajurensis, coming forward, he said: I mandate and consent.

Likewise, with Felix, bishop of Ficensis, coming forward, he said: I mandate and consent. Likewise, with Felix, bishop of Macrianensis, coming forward, he said: I mandate and consent. Likewise, with Lucius, bishop of Olivensis, coming forward, he said: I mandate and consent. Likewise, with Tertullianus, bishop of Hirensis, coming forward, he said: I mandate and consent. Likewise, with Joannes, bishop of Gummitanus, coming forward, he said: I mandate and consent. Likewise, with Ampelius of Vagensis coming forward, he said: I mandate and consent. Likewise, with Primulus, bishop of Vagensis, coming forward, he said: I mandate and consent. Alypius, bishop of the Catholic Church, said: Severus waited long, but has now departed by reason of illness. Likewise, with Reginus, bishop of Tigillabensis, coming forward, he said: I mandate and consent. Alypius, bishop of the Catholic Church, said: Delphinus, bishop, is here, but is detained by illness. For Faustinianus, bishop of Rusiccadensis, is also here, in this city, but is unwell, and Felix of Serteitanus has a pain in his foot.

Likewise, with Victor, bishop of Abitinensis, coming forward, he said: I mandate and consent. Likewise, with Aeneas, bishop from Turbunica, coming forward, he said: I mandate and consent. Likewise, with Annibonius, bishop of Abbitanus, coming forward, he said: I mandate and consent. Likewise, with Felix, bishop of Novensis, coming forward, he said: I mandate and consent. Likewise, with Argyrius of Sitipensis, coming forward, he said: I mandate and consent.

Alypius, bishop of the Catholic Church, said: Let it be recorded that one hundred and twenty are absent, whom either illness, or age, or necessity has detained. And in another hand: I have reviewed it. Marcellinus, most distinguished man, tribune and notary, said: It shall be recorded. Petilianus, bishop, said: Let it be recorded that far more of our people are absent, and also that there are vacant sees, for which bishops must be ordained. And in another hand: As above. Marcellinus, most distinguished man, tribune and notary, said: This also the record will retain. Fortunatianus, bishop of the Catholic Church of Sicca, said: Because the most holy Petilianus has spoken of vacant sees, we likewise make known through these records that we have sixty-four vacant. Marcellinus, most distinguished man, tribune and notary, said: This also is fixed in the public records and he added: Let the bishops of each party who have been chosen remain, and let the others withdraw. When they had withdrawn:

Marcellinus, most distinguished man, tribune and notary, said: Let the office declare whether those alone are present who are known to have been chosen by the parties according to the imperial command. Rufinianus, scribe, said: On the part of the Catholic Church, according to the form of the edict, so many stand, that is, eighteen: namely, seven advocates, seven counselors, and four for the documents. Also on the part of Donatus there stand eighteen: seven advocates, seven counselors, and four for the documents.

Marcellinus, most distinguished man, tribune and notary, said: Let each party designate to what day this same adjournment is to be deferred. Alypius, bishop of the Catholic Church, said: As your nobility has prescribed by edict, with tomorrow omitted on account of the transcription of the documents, we will observe the day after tomorrow if you so command. And in another hand: I have reviewed it. Adeodatus, bishop, said: We also consent that the matter be conducted on the day after tomorrow. And in another hand: I, Adeodatus, bishop, have reviewed it.

Marcellinus, most distinguished man, tribune and notary, said: As it has pleased the parties, let the matter be resumed with one day intervening. Both parties, however, must observe this: that they cause their designated guardians to keep watch over the stenographers and the codices in the transcription of the documents, so that all things may be faithfully recorded; and also to add two more guardians to those who recently took down the record, so that there may be four in all, as has been arranged.

Alypius, bishop of the Catholic Church, said: Two others are present, as the office has already indicated, that is, our brothers Leo and Asterius. And in another hand: I have reviewed it. Primianus, bishop, said: We also give four guardians of the records. Two we have already given; two we now substitute, namely Veratianus and Victor, our colleagues who are present. And in another hand: I, Petilianus, bishop, have reviewed it. Marcellinus, most distinguished man, tribune and notary, said: Even with these objecting, what was subsequently recorded, with the tablets now sealed, will be transcribed tomorrow. And in another hand: Let them be published. Likewise in another hand: We, Hilarus and Martialis, stenographers, have published them.

Flavius Marcellinus, most distinguished and eminent man, tribune and notary, said: It is held in the knowledge of all that I promised long ago by a published edict that whatever was transacted between the bishops of each party would thereupon come to public notice. Wherefore I have taken care to set before your holiness what has been conducted in the meantime, so that you may judge with your eyes as well the part of the conflict that has taken place. And in another hand: Let it be published.

After the consulship of Varanes, most distinguished man, on the third day before the Nones of June, in the secretarium of the Baths of Gargilius at Carthage, with Sebastianus, Maximianus, and Petrus, most devoted protectors of the household, present, and Ursus, Petronius, and Libosus, ducenarii, and also Bonifacius and Evasius, apparitors of the illustrious and eminent powers, Filetus, apparitor of the illustrious comitiva of the seat, Exitiosus, assistant of the Cornicularius, Possidius, Quodvultdeus, and Colonicus, assistants of the commentarii of the office of our lord, the most distinguished and eminent proconsul, Navigius, assistant of the numerus of our lord, the most distinguished and eminent vicar, Nampius, scribe of the office of the most distinguished legate of noble Carthage, Rufinianus, scribe of the most distinguished curator of lofty Carthage, with Hilarus and Praetextatus also taking down the record, stenographers of our lord, the most distinguished and eminent proconsul, Fabius, stenographer of our lord, the most distinguished and eminent vicar, and Romulus, stenographer of the most distinguished legate of noble Carthage, and likewise with Januarius and Vitalis, notaries of the Catholic Church, Victor and Cresconius, notaries of the Church of the Donatists, taking down the record:

Libosus, ducenarius of the illustrious powers, said: Since the Hearing has been adjourned to this present day, and the bishops of each party are present, if your sublimity so commands, they will be admitted.

It is most certain that at the previous hearing I often offered this, and now I entreat that you deign to be seated. And when the Catholic bishops had sat down, bishop Petilianus said: What was not done at the previous hearing, we do not dare to do. And in another hand: I, bishop Petilianus, have acknowledged this. Marcellinus, most illustrious man, tribune and notary, said: Although I recall having offered this at the previous hearing as well, yet I judge that it was not done then for this reason, that with so many priests assembling, there could be no place for sitting. Wherefore, since I now see that a defined number of persons has assembled, I entreat that you deign at least now to be seated.

Marcellinus, most illustrious man, tribune and notary, said: The proceedings of both parties shall be retained in the records. And he added: Let what has been commanded be read aloud. Martialis, the clerk, read aloud: After the consulship of Varanes, most illustrious man, on the fourth day before the Nones of June, to Flavius Marcellinus, most illustrious and distinguished man, tribune and notary, Primianus, Petilianus, Emeritus, Protasius, Montanus, Gaudentius, Adeodatus, bishops and defenders of the Church of truth, say by this notarial document: Yesterday, on the Kalends of June, your distinction deigned to hear between us and our adversaries.

And since, having granted patience to the parties through nearly the whole day, you deigned to hear certain matters which had been the beginnings of the business, and it is necessary for the cause that the mandate which our adversaries presented be brought to our knowledge, since the series of the proceedings cannot be unfolded on account of its length, lest we appear to come to the hearing unprepared, you should command that the said mandate which our adversaries gave to be read be given to us today, which is the fourth day before the Nones of June, in copies, so that, instructed in the business enjoined upon us, we may be able to be present. And in another hand: I, bishop Primianus, have subscribed to this notarial document on the fourth day before the Nones of June at Carthage.

Flavius Marcellinus, most illustrious man, tribune and notary, said: Since it is evident that what is requested for the purpose of preparation ought to be granted, so that no impediments of delays may suspend the future hearing, the office will hasten to deliver to you the mandate given by the Catholic bishops, copied out under that custody of guards which has been established nearby. And when he had read it aloud,

Emeritus the bishop said. If you command it, this is fitting for me. Marcellinus, most illustrious man, tribune and notary, said. Proceed. Emeritus the bishop said. Human minds are indeed so ready with their own swiftness that they easily grasp by sight or hearing all things that are brought to their notice. But this may perhaps be permitted to learned or educated men according to the nature of the matter itself; I, however, profess myself to be less suited to this task. For who can retain in his mind or grasp a fleeting voice and easy speech passing by almost at the very tip of the pen, most noble man? Since in every discussion and debate both the words and the meaning and the inner substance of the matter must be thoroughly examined. Therefore when something is read from a written sheet, and light voices are as it were wafted on the breeze, our senses cannot grasp and retain them. Where has this been granted, or to whom?

If they rejoice in this felicity of mind, let them not boast of the arrogance of their memory. For me, however, nothing is fitting except to repeat things many times and to be instructed by prolonged reading, so that I may find the truth of the matter and review what I have said, and take note of what my adversary has objected. You understand that the nature of proceedings is such, and for this reason the record of writings is set out in letters for the sake of memory, lest memory alone, which cannot be capacious enough, deceived by forgetfulness, should not know what it has transacted. For the wisdom that providently furnished the knowledge of writings and public records was provided for no other reason than that from reading—which through silence perhaps, or through a long interval of time, or through the very continuation of the proceedings themselves, can be less grasped and less understood—both from reading and from the very assiduous examination it might be possible to recognize what has been ventilated in judgment.

You see therefore, most noble man, that we are demanding just things, and that the case ought not to be ventilated in passing, but that, with the proceedings produced and given to our knowledge and all things thoroughly examined, we ought to hear the case. And in another hand. As above.

Possidius, bishop of the catholic Church, said. It is written: From much speaking you will not escape sin. Because we have this before our eyes, inspired by God, we do not wish to appear wordy. And so, if it please you, let us come to the case, which can shortly be conducted and decided, but as for dilatory proceedings—And while he was speaking. (And in another hand. I have reviewed this.) Marcellinus, most illustrious man, tribune and notary, said. Let what I have ordered be read.

Martialis the recorder read from the codex. Your Nobility said: Since it is established that nearly the whole part of the day has been spent, let it therefore be made known whether it is agreeable to both parties that the matter be deferred by common consent. From both sides it was said: It is agreeable, since this day now seems to have been spent. Your Nobility said: Let each party designate to what day this same adjournment is to be deferred. Alypius, bishop of the Catholic Church, said: As your Nobility prescribed by edict, with tomorrow passed over on account of the transcription of the records, let us meet the day after tomorrow, if you so command. Adeodatus the bishop said: We also consent that the matter be conducted on the day after tomorrow. Your Nobility said: As it pleased the parties, the matter will be resumed on the day after tomorrow. And when he had read this, Marcellinus, the most illustrious tribune and notary, said: Your Holiness sees that you cannot act contrary to your own agreements.

Wherefore let the cause be argued.

Emeritus the bishop said: We are not so forgetful as to act contrary to our own agreements; nor do I here blame the negligence of duty or the carelessness of the recorders, where I understand that it was impossible to meet the day owing to the length of the proceedings. But if this has been done, and the matter has been conducted with everything set out, why are the things that were transacted not brought to our knowledge? For when the things which your Nobility ordered to be reviewed have been gone through by the office, it is necessary that, once everything has been received, I examine and discuss by what reasons and by what means I ought to respond. For I have recognized that there is such great confusion in the cause arising from their mandate, that I ought both to be informed about past matters and to recognize in present matters to whom I ought to respond. And in another hand: I, Emeritus, have reviewed this.

Petilianus the bishop said: Your Sublimity has observed that the recorder read from the codices what was either promised or pronounced the day before yesterday. From this I recognize all the more that the proceedings have not yet been set out. But if they have been set out and are ready, let the same recorder answer. Let him produce the proceedings. Subscribe, we shall examine them, afterwards we shall respond. And in another hand: I, Petilianus the bishop, have reviewed this.

Marcellinus, the most illustrious tribune and notary, said: I recognize a zeal for delay, and a sign of changed intention. For your Holiness could have requested before the superior judgment that the matter be deferred today on account of the length of the proceedings. To this is added that what you believed would suffice for your fullest instruction, you requested to be produced to you yesterday, with a notarial copy given.

Petilianus the bishop said: Your Sublimity has received from the response of the office that the proceedings have not yet been arranged into pages, and that there is nothing for either party to read and review, and that nothing can be given or recalled to memory even a little. Therefore let your Sublimity, since an honorable thing is requested, deign to grant what we ask, that the proceedings be produced in the customary manner. Let us read so that we may be able to respond. And in another hand: I, Petilianus the bishop, have reviewed this.

Petilianus the bishop said: We do not know the shorthand signs; nor is the nature of things, and of the letters themselves, so to speak, such that anyone can read another's shorthand signs. We cannot read in the codices. Unless the proceedings have been produced in pages, I have nothing to examine, I have nothing to read. And in another hand: As above. Marcellinus, the most illustrious tribune and notary, said: As has been said, let the declaration of the venerable men be read again.

Martialis the recorder again read from the codex of notes. Your Excellency said: Since it is established that nearly the whole part of the day has been spent, let it therefore be made known whether it is agreeable to both parties that the matter be deferred by common consent. From both sides it was said: It is agreeable, since this day now appears to have been spent. Your Excellency said: Let each party designate to what day this same adjournment is to be deferred. Alypius, bishop of the Catholic Church, said: As Your Excellency prescribed by edict, with tomorrow omitted on account of the transcription of the documents, let us meet the day after tomorrow, if you so command. Adeodatus the bishop said: We also consent that the matter be conducted the day after tomorrow. Your Sublimity said: As it has pleased the parties, the matter will be resumed the day after tomorrow. And when he had read this, Petilianus the bishop said: From where did he read?

Emeritus the bishop said: As we were entering, Your Excellency deigned to interpose, asking whether we would give our assent to the posted edicts, and whether we would attach our subscriptions to our own submissions. I do not see how I am to satisfy this matter. For I am held by the proposal of Your Excellency, by which you promised to have me insert my subscription into the proceedings, and that everything which has been publicly transacted would be publicly posted. But now I am compelled to act, and to be precipitated into the matter before the proceedings are known. What are these things? I do not know what to choose first; I do not know how to hold to the intent of your judgments. If a page is to be subscribed, let the page be produced so that it can be subscribed. If this matter is to be sacrificed, your entire edict will waver; whatever you have set forth for public knowledge will be destroyed.

For you said that everything which has been transacted ought to be brought to public notice by our subscription and by the annotation of Your Sublimity. It is therefore prior that what has been transacted be read aloud, and published, and acknowledged, so that from the judgment of Your Sublimity one may proceed to the remaining matters of the case. And in another hand: I, Emeritus the bishop, have reviewed this.

Petilianus the bishop said: Hold to your standard, most noble man; hold to the justice you have so often promised. For when it had been objected by our side the day before yesterday that the lawful day for the case seemed already to have passed, and that those who summoned us to judgment had fallen from the case, we were compelled to will that, withdrawing from that same condition, we might appear to consent to the present time. Let no one be ungrateful to me in this matter, most noble man.

For if I conceded so much time—with these conditions preserved, however, provided that they had not opposed their own stipulations—why is a brief time not granted to me so that the proceedings may be written down, so that they may be subscribed by Your Sublimity, and so that I may see and read through what I ought to subscribe to, and may receive and take in my own thoughts, and also the cunning and subtle cleverness of my adversaries; so that, fully instructed, I may be able to respond to their contentions? I consider this to be human and just. Do not give to this matter and to this most just petition anything, most noble man, that would cause me to fall into anxiety. Since you have promised yourself most just, and it is necessary for us to believe this, provided that just things are in no way denied to us. And in another hand: I, Petilianus the bishop, have reviewed this.

Marcellinus, most distinguished man, tribune and notary, said: These things ought more rightly and justly to have been requested at the previous hearing, in which the inquiry was deferred to this day by the consent of both parties. Therefore let it be read by the ecclesiastical notaries to what day the inquiry was deferred. Petilianus the bishop said: So then we have been circumvented. And in another hand: As above. Augustinus, bishop of the Catholic Church, said: It was not done on our account, what our brethren standing on the other side wish to impute to us. And as he was speaking—(And in another hand: I have reviewed this.)—Petilianus the bishop said: You do us an injury. And in another hand: As above.

Augustinus, bishop of the Catholic Church, said: The edict of Your Excellency reads thus: that the fourth month is concluded on the day of the Kalends of June. But we came before that; and those very persons who seem to be stirring up ill-will against us from this point gave their mandate on the eighth day before the Kalends of June: whereas, if they had come before the day, they ought to have given their mandate before that very day. Let also the declaration of Primianus himself be read, by what day he promised to appear, and let this question be resolved, on account of which great ill-will has already been stirred up against us among the people. And in another hand: I have reviewed this.

Marcellinus, a most illustrious man, tribune and notary, said: These matters, already settled in the previous hearing, are now established, especially since the persons on both sides appear to have been confirmed. And yet if, when the case begins to be taken up again, your holiness shall have thought these things should be read aloud, then let them be read aloud more properly at that time; although it is superfluous that, after the confirmation of the persons, these matters be taken up again anew. Wherefore, as I have interposed, let what has been ordered be recited by the ecclesiastical notaries.

Marcellinus, a most illustrious man, tribune and notary, said: Let the received tablets be read aloud by the ecclesiastical notaries. And when, within a Sabanum (that is, a linen) volume, a parchment schedule partly written out and the sealed codices of the tablets alike were offered to the eyes of the judges, Marcellinus, a most illustrious man, tribune and notary, said: Let the custodians declare whether they have recognized the seals. Leo, bishop of the Catholic Church, said: I recognize my seal. Marinianus the bishop said: I recognize my seal. Marcellinus, a most illustrious man, tribune and notary, said: Since it is established that the impression of the seals has been recognized by both sides, let those things which I have ordered be read aloud by the notaries.

Marcellinus, a most illustrious man, tribune and notary, said: What has been done out of concern for both parties, and by common consent, ought not to be criticized. Petilianus the bishop said: I do not criticize the precaution, but I ask, according to the customary practice of proceedings, that the acts be lawfully set forth, so that they may be read and examined. What matter presses? Why the haste? And in another hand: Petilianus the bishop, I have reviewed.

Marcellinus, a most illustrious man, tribune and notary, said: Read. Januarius, notary of the Church of Sitifis of the party of Donatus, read from the codex: Your nobility said: Let the office declare how much of the day appears to have already passed. Rufinianus, scribe of the most illustrious curator, said: Eleven hours of the day have elapsed. Your nobility said: Since it is established that nearly the whole part of the day has passed, let it therefore be made known whether it is agreeable that the matter be deferred by common consent. From both sides it was said: It is agreeable, since this day appears to have elapsed. Your nobility said: Let both parties designate to which day this same adjournment should be deferred. Alypius, bishop of the Catholic Church, said: As your nobility prescribed by edict, we observe the day after tomorrow, with tomorrow omitted on account of the transcription of the schedules, if you so order. Adeodatus the bishop said: We also consent that the matter be conducted on the day after tomorrow.

Your sublimity said: As it has pleased the parties, the matter will be resumed on the day after tomorrow. And when he had read.

Petilianus the bishop said: If the stenographers have completed the acts, let the matter proceed. And in another hand: As above. Marcellinus, a most illustrious man, tribune and notary, said: Although it has been designated by the most open declarations to which day the judgment was adjourned, nevertheless, lest anything appear to have been denied to that party which requests the adjournment, the hearing will be deferred, so that it may declare to which day the judgment ought to be prolonged. Petilianus the bishop said: Let the stenographers say when they are going to publish the acts. And in another hand: Petilianus the bishop, I have reviewed. Marcellinus, a most illustrious man, tribune and notary, said: Let the stenographers not delay in declaring when the acts can be written out on the schedules and the publication completed.

Hilarus the stenographer said: As the consent of both parties has been obtained, once they have subscribed their continuations on the schedule, then at last we will be able to declare the day of publishing the acts. Marcellinus, a most illustrious man, tribune and notary, said: Can the schedules today be completed either by the office, or subscribed by both parties? Hilarus the stenographer said: Today we will complete the schedules.

Marcellinus, a most illustrious man, tribune and notary, said: Since the office has suggested that it can complete the schedules today, let your holiness declare whether it is prepared to subscribe today or tomorrow.

Hilarus, exceptor, said: If they were to subscribe tomorrow or today, we are able, keeping watch day and night, to publish the proceedings after the third day, provided that their notaries dictate to us from the subscribed schedule. Marcellinus, most illustrious man, tribune and notary, said: Let the office designate what day this is. Rufinianus, scribe of the most illustrious curator, said: Today's day is the third day before the Nones of June. Marcellinus, most illustrious man, tribune and notary, said: I ask for the day on which the publication of the proceedings was promised. Hilarus, exceptor, said: We are able to publish the proceedings on the seventh day before the Ides of June.

Augustine, bishop of the Catholic Church, said: We wish it even today, and if it could be done, we would wish it. Nevertheless, because it was a human thing to grant to our brethren what they seem to have requested not unjustly, we pledge that on the sixth day before the Ides of June, with the help of the Lord our God, we shall be present to carry out the principal business of the Church. And in another hand. I have reviewed it. Marcellinus, most illustrious man, tribune and notary, said: Let the other party also deign to declare what its will is.

Emeritus, bishop, said: Concerning our professions there is no ambiguity. But as regards the instruction which we demanded ought to be made in the hearing, your nobility has observed that we requested what is just and lawful. The appointed day, however, that is, the sixth day before the Ides of June, if God shall so ordain, we shall observe; yet on the condition that, upon receiving the proceedings, the most equitable judge grant us some time whereby discussion may be possible. And in another hand. I, bishop Emeritus, have reviewed it. Marcellinus, most illustrious man, tribune and notary, said: On the seventh day before the Ides of June, at the morning hours, the proceedings will be delivered to you. Declare whether on the other day, that is, the sixth day before the Ides of June, you deign to be present so that the principal matter may be carried out. Emeritus, bishop, said: We shall be present at the hearing, if what your nobility has ordained shall have taken effect. And in another hand. I, bishop Emeritus, have reviewed it.

Marcellinus, most illustrious man, tribune and notary, said: Mindful of the peril and of their own profession, the exceptors on the appointed day, at the morning hours, that is, on the seventh day before the Ides of June, shall hasten to publish the proceedings, provided that the notaries of each party are not absent in dictating. Moreover, let each party know that it must give security to the office concerning the receipt of the proceedings at the hour likewise designated. It is indeed a priestly duty that, with circumlocutions cut away, no impediments of delays be woven together.

We, Hilarus and Martialis, exceptors, have published this, and have likewise corrected it as above.

After the consulship of Varanes, most distinguished man, on the sixth day before the Ides of June, at Carthage in the Secretarium of the Thermae Gargilianae, with Sebastianus, Maximianus, and Petrus, most devoted men, domestic protectors, in attendance; and also with Vincentius and Taurillus, most devoted men acting in affairs, Ursus, Petronius, and Libosus, ducenarii of the illustrious powers, Bonifacius and Evasius, apparitors of the illustrious and eminent powers, Filetus and Octavianus, apparitors of the illustrious comitiva of the seat, Restitutus and Exitiosus, assistants of the cornicularius, Possidius, Quodvultdeus, and Colonicus, assistants of the commentarii of the office of our lord the most distinguished and respectable proconsul, Navigius, assistant of the numerarii, and Peregrinus, assistant of the subadjuvae of the office of our lord the most distinguished and respectable vicar, Nampius, scribe of the office of the most distinguished legate of the noble Carthage, Rufinianus, scribe of the most distinguished curator of the exalted Carthage; and with Hilarus and Praetextatus, exceptores of our lord the most distinguished and respectable proconsul, Fabius, exceptor of our lord the most distinguished and respectable vicar, Romulus, exceptor of the most distinguished legate of the noble Carthage, also taking down the record; and likewise with Januarius and Vitalis, notaries of the Catholic Church, Victor and Cresconius, notaries of the Church of the Donatists: Ursus, ducenarius of the illustrious powers, said: At the previous hearing, the bishops of the Donatian party sought a delay until this day, so that, having been informed in the meantime, they might respond at the hearing of your sublimity regarding the matter of the records to be produced.

Now both parties are at the doors; if you so order, they will be admitted.

Flavius Marcellinus, most distinguished man, tribune and notary, said: Let them enter. And when the Catholic bishops Aurelius, Alypius, Augustinus, Vincentius, Fortunatus, Fortunatianus, and Possidius had entered, together with Novatus, Florentius, Maurentius, Bonifacius, Priscus, Serenianus, and Scillacius their fellow bishops, and Deuterius, Leo, Asterius, and Restitutus likewise fellow bishops and custodians of the records: likewise on the other side, when the bishops of the Donatists had entered, Primianus, Petilianus, Emeritus, Montanus, Gaudentius, Adeodatus, together with Peregrinus, Aptus, Clarentius, and Habetdeus their fellow bishops.

Marcellinus, most distinguished man, tribune and notary, said: It is certain that the matter was postponed for this reason, that on this day, with the records produced, the principal action might be treated. Whether this has been done, let the office declare. Martialis, exceptor of our lord the most distinguished and respectable proconsul, said: It is established that, in accordance with the command of your nobility, the records were produced before the day on which our lowliness had given its undertaking. Which, if your nobility so orders, we have shown to full proof from the receipts of both parties.

Marcellinus, most distinguished man, tribune and notary, said: Let them be read. Martialis the exceptor read aloud. After the consulship of Varanes, most distinguished man, on the eighth day before the Ides of June, I, Fortunatianus, Catholic bishop of the city of the Siccenses, have written that I received the records of the double hearing equally, held first on the day of the Kalends of June, and likewise held on the third day before the Nones; and I received them delivered by Martialis, exceptor of the proconsular seat, who was assigned to Flavius Marcellinus, most distinguished man, tribune and notary, on the eighth day before the Ides of June, at the fifth hour of the day, in the restored Catholic Church. And although the exceptores had promised to produce the records on the seventh day before the Ides of June, their diligence nevertheless hastened more promptly, so that the acts of the two hearings were delivered to us together before the promised day.

Having received these, at the place and time written above, we promise that we shall come prepared to conduct the business on the day expressed in the acts. And when he had read it, the same man said: I read another, if your nobility so orders.

Marcellinus, most distinguished man, tribune and notary, said: Read. Martialis the exceptor read aloud. After the consulship of Varanes, most distinguished man, on the eighth day before the Ides of June, I, Montanus, bishop of the city of the royal Zamenses, have written to you, Hilarus and Praetextatus, exceptores, that I received from you the records of the double hearing; in which we contended together with our betrayers and persecutors, held first on the day of the Kalends of June, and another held on the third day before the Nones of the same month, which you, exceptores of the aforesaid proconsular seat, delivered to us in the presence of our fathers and fellow bishops on the eighth day before the Ides of June, at the third hour of the day, in the Church of Theoprepia; having received these, at the place and time written above, we declare that we shall come to conduct the business on the day expressed in the acts, with full order observed.

Fortunatus, bishop of the Catholic Church, said: The opposing party is shown to have raised two objections in their mandate: tradition and persecution. If therefore they wish us to conduct the cause of the Church, let it be concluded here and now with you as judge. For it is wrong that the people should be led into error by waiting. If the Church is to be recognized as spread throughout the whole world, as it was promised, let it be shown by the testimonies of the Scriptures. But if the opposing party intends by their customary tricks and customary evasions that we should not come to the truth, let it be said, so that this may be made known to all. And in another hand: I have reviewed.

Marcellinus, most distinguished man, tribune and notary, said: What is replied to these things? Emeritus, bishop, said: I do not recall that patience has ever been condemned in a trial. On the contrary, it is always to one's credit that, keeping silence, the tongue should respond clearly, if it can, to the objections raised. Therefore, since all proceedings must have their beginnings, and the commencement of the whole matter is accustomed to take its start from itself, why do we entangle the proceedings of past days and, as though they had not been completed, scratch them open again, when the proposal of the present day ought to take and receive its own character? Wherefore, if their proposal and our response are submitted to judgment, the quality of the persons must first be examined: who brought the matter to trial, who caused a summons, who approached the princes of the age, who sent legates, who petitioned, who obtained a law, who demanded a hearing; so that when we have been informed of their intentions, we may be able to respond.

And in another hand: I, bishop Emeritus, have reviewed, with the appeal preserved.

Augustine, bishop of the Catholic Church, said: If you judge it to pertain to the matter, it is for your excellency to consider. The tenor of the imperial rescript shows that the holding of a conference was granted to Catholic bishops or to the legates of Catholic bishops. We have both come, we are here; and God has commanded us to be disputants and conferees rather than litigants, and the most clement emperor, fearing God and serving God, wished nothing else. Your sublimity judged on the first day of our encounter that lawful persons had appeared and that the mandates had been confirmed. Let not things be interposed that are not necessary to the matter. The Church is what we assert by the testimonies of the divine Scriptures, known to all, established, as it is written, on the highest mountain, to which all nations come. If there is anything to be said against this Church, let it now be said, and let no delays be interposed.

If there is nothing to be said, let him who cannot affirm and show and prove his accusation to men yield to the truth. How long is this great expectation of the people to be kept in suspense? All are thinking of their souls, and we interpose dilatory pleas to this end, that the conclusion of knowing the truth may never be reached. And in another hand: I have reviewed.

Petilianus, bishop, said: It is recorded in these acts that they called themselves Catholics without prejudice to us. Preserve the encounter on this matter. And in another hand: I, bishop Petilianus, have reviewed, with our appeal preserved. Alypius, bishop of the Catholic Church, said: Let what has been ordered be read aloud. And in another hand: I have reviewed. Petilianus, bishop, said: For the true Catholic Church is with us, which suffers persecution, not which inflicts it. And in another hand: I, bishop Petilianus, have reviewed, with the effect of the appeal preserved. Possidius, bishop of the Catholic Church, said: These things need to be proved, not boasted of.

Martialis the secretary said: Among the greatest concerns of our empire, reverence for the catholic law is always either first or alone. For we undertake nothing else either in the labors of war or in the counsels of peace, except that the devoted people of our world may guard the true worship of God; which it had long since been fitting for the Donatists also to fulfil, either through fear or through admonition; who dishonor Africa, that is the greatest part of our realm, faithfully serving also in secular duties, with vain error and superfluous dissension. Nevertheless it does not weary us to set forth more frequently those same things which the devoted authority of all former Princes defined toward God, lest, if anything should by chance have been produced in our times to the injury of the catholic law, posterity might by just judgment be able to impute this to us.

Nor indeed is the word of the heavenly oracle hidden from our conscience, which the perverse interpretation of the Donatists professes can profit their error: although it might more mildly invite their corrupted minds to correction, we nevertheless ordered it to be abolished beforehand, lest any occasion be afforded to superstitions. Now also we judge that subversion must be excluded by similar authority; and we freely profess it to be right that we remove those things which had been established, lest anyone should think himself able, with us as authors, to sin against divine worship. And although the full truth of the catholic law, confirmed by the right worship of men and by heavenly judgment, is one and manifest to all, yet for the sake of peace and grace we have willingly received the embassy of venerable bishops, which desires the Donatist bishops to be gathered to the assembly of a most celebrated city, so that, with priests also chosen whom each party shall have selected, and with disputations held, manifest reason may refute the superstition.

We command this matter to be completed within four months, so that our clemency also may be able to recognize more quickly the converted minds of the peoples, as it desires. But if within the appointed time the bishops of the Donatists shall studiously avoid coming together, we wish the summons of a threefold edict to be observed; so that the periods of time in the summons of the contumacious be enclosed within intervals of twenty days each: when these have been completed and passed, if those summoned shall have disdained to be present, let the people yield, together with the churches, who shall have recognized their teachers to be overcome by silence, and let it at last rejoice that it has been conquered, and know that it must serve, if not our precepts, yet the true commands of the catholic law.

For this disputation indeed we wish you to preside as judge in the chief place (whatever also you received beforehand in your instructions, you remember most fully); and we wish you to undertake all care both in assembling the bishops and in summoning them if they shall have disdained to be present, so that both what was previously commanded and what you now know to have been established, you may be able to fulfil with proven diligence; observing above all this, that those things which antiquity long since ordained, or the religious authority of our parents established, or our serenity has confirmed, concerning the catholic law, you keep whole and inviolate, with any novel subversion removed.

So that indeed competent aids may not be lacking to your acts, our serenity has admonished the men of rank, the proconsul and the vicar, that if they desire to retain the standing of their own dignities, if their retinue wishes to avoid extreme punishments, they shall cause necessary persons to be assigned in abundance both from their own offices and from the retinue of all judges. It will then be the concern of your diligence, if you shall have learned anything to be delayed by any artifice, to indicate it by sending reports, so that fitting correction may punish the negligent. All things indeed which either the completed disputation shall have confirmed with the bishops gathered together, or the sentence pronounced against the contumacious shall perhaps have determined if they desist, it will be fitting for you to report, so that we may be able to recognize more quickly what our precept has accomplished toward confirming the Catholic faith. And in the divine hand. Farewell, Marcellinus, most dear to us.

Given on the day before the Ides of October at Ravenna.

Augustine, bishop of the Catholic Church, said: Those present, we have both assembled: this place is nearly filled with bishops, mandates have been read aloud and confirmed; it is not denied by our parties that the conference was requested, so that in that conference they may at last either prove, or be shown to have been unable to prove, the charges which they are accustomed to bring not against us, not against any one of us, but against the entire Christian world: which Christian world has been both promised and is being fulfilled, not by human opinion, but by divine testimonies and promises. What then? Are delays still being interposed by some kind of evasion on the part of those who wish to be called bishops of Christ? The expectation, I say not of this city alone, but of nearly the entire human race, is held in suspense, desiring to hear something concerning the Church; and we are still examining forensic formulas and litigating most wretchedly. Let your nobility now take note of what is being done.

Deign at last to free us from this business, with all delays cut away, with God's help. And in another hand: I have reviewed.

Marcellinus, most illustrious man, tribune and notary, said: I have no doubt that the subscriptions of all, inserted and arranged in the preceding judicial mandate, can suffice for every confirmation. Therefore, since the consent of all has been expressed, with superfluous matters removed, let the matter at last be set forth.

Emeritus the bishop said: Two things have been submitted to judgment, from which there can be no deviation whatsoever: one, that they showed in judgment that they would act according to the imperial precept; the other, that they would act according to the tenor of the mandate. Therefore if both are connected, it ought to be made clear; but if they are separate and distinct, those who are unwilling to submit both to proof in judgment must necessarily suffer the loss of one. For the mandate ought to agree with the rescript, and the sense of the mandates ought to be bound to the formula of the imperial statute.

But if your excellency understands that neither is the case—that we do not wish to proceed by dilatory means, nor to suspend ourselves from the conduct of the cause, but wish to define the ecclesiastical matter once the foundations have first been established—what is it that delay is being prescribed against us, and as though against quibblers and those fleeing from examination, as if certain delays were being woven by us? When in fact, if they would take note, we say it is rather incumbent upon or necessary for those who are making the proposal, that with all delays cut away one should come to the instruments and stronghold of the matter, so that it may be shown from the opposing party who petitioned, in what manner he petitioned, or what he petitioned; so that, once I have embraced the concordance of both the mandate and the rescript, both what has been confirmed in the rescript and what has been suggested from their own petition may be able to be approved in the proceedings.

And in another hand: I, bishop Emeritus, have reviewed.

Vincentius, bishop of the Catholic Church, said: Does not what the judge has answered you suffice? And in another hand. I have reviewed. Bishop Petilianus said: Let them either read what we request, or deny it. And in another hand. Bishop Petilianus, I have reviewed, with our appeal preserved. Fortunatianus, bishop of the Catholic Church, said: What does it matter that the opposing party has proceeded, and not on account of certain delays? And when he had spoken, (And in another hand. I have reviewed.) Bishop Petilianus of the party of Donatus said: Judge. And in another hand. Bishop Petilianus, I have reviewed, with the effect of our appeal preserved.

Bishop Emeritus said: In a lengthy document the opposing party has disclosed the tenor of a mandate, as it were, from a prior judgment. If a true assertion supports this matter, they ought to make it public and disclose it in the proceedings, that they follow this very thing alone: but they suffer the loss of an imperial rescript, for the promulgation of which they were unwilling to show either the tenor of their petition or the mandate of their legates. Therefore, since what we request in the proceedings is not beside the point, we ask that they first make either the surrender of the rescript or the cession of their mandate, so that we may be able to come to the cause. And in another hand. Bishop Emeritus, I have reviewed without prejudice to our appeal.

Marcellinus, most illustrious man, tribune and notary, said: Nothing has been perceived to be established by the imperial sanction especially, except that when the bishops had assembled and a disputation had been held, the cause of the first error should be found. He wished me to sit as judge over this disputation. Your Holiness has received the submission of the party standing on the other side; in which it has been clearly shown and promised that the Church spread throughout the whole world is to be demonstrated by divine testimonies, since you see from the series of the mandate and from the present profession that it has been declared that all things are to be proved by examples and documents of the law. For the most clement prince has not been shown to have given a form to the conference, but only judged that a conference ought to be held. Wherefore, since their profession has declared that they act according to your desire by divine testimonies, I do not know what more you desire.

Bishop Petilianus said: We do not delay to act. And in another hand. Bishop Petilianus, with our appeal preserved, I have reviewed.

Augustine, bishop of the Catholic Church, said: It has been given. We all acknowledge that we requested a conference, since you were refusing it; so that at last, even in this way, we might come to this place or to this time for the sake of conference and disputation and of demonstrating the truth. It has been done. We have come, and you wish that our coming should avail nothing. We acknowledge that we requested a conference. The emperor expressed in his own words nothing other than that we requested a conference. Let the conference itself now take place. Let us see what is said against the Church spread throughout the whole world, which we demonstrate by divine testimonies and promises to be, and now to be so exhibited as to strike the eyes of the blind and break through the ears of the deaf. Our brethren are unwilling to come to this demonstration, so that what cannot be hidden may be demonstrated. Let them declare the crimes.

Let us see by what crimes that which was promised to Abraham has perished: In thy seed shall all nations be blessed. Let us hear, learn, know, and follow what crimes were able to blot out this promise of God who swore. But if there is nothing that can be said against it, either pronounce judgment, or remove all delays, and let the matter at last be concluded. And in another hand. I have reviewed.

Emeritus the bishop said. By a great argument the truth is concealed; so that when a small thing has been brought forward from the opposing side in response to our inquiry, the rest is kept silent. For he said that the legates are his own, whose names, rank, and mandate he is unwilling to make public in the proceedings. Therefore let him either suffer the loss of this matter, because he cannot prove it; or if he is able to instruct us in this by law, whether who the legates were, or when they were sent, or what they conveyed, he will be obliged to assert the mandate of the legates to the knowledge of the proceedings. Your Excellency sees that we ask nothing unreasonable: since it is their own cause, why we do not come to the inner substance of the matter. For they proposed, from the tenor of their mandate, that they ought to stand against us with certain allegations I know not what. These same allegations we too are able to overcome with legal testimonies.

It is therefore first necessary that, with the beginning of the action set forth, he be able to prove his person in the proceedings, whether as the one receiving or the one giving the mandate: then at last let the descent be made to the merits of the matter. And in another hand. I, Emeritus the bishop, have reviewed this, with the appeal preserved.

Vincentius the bishop of the Catholic Church said. What else is it to abandon the cause and seek out persons, but to wish to flee? Why did you come? And in another hand. I have reviewed this. Petilianus the bishop said. Every cause begins with persons. And in another hand. I, Petilianus the bishop, have reviewed this, with the effect of our appeal preserved. Your own forum did not designate for you that what has been omitted cannot be repeated. And in another hand. I have reviewed this.

If we were to deny that we had requested the conference, we would be refuted by the testimony of the emperor. We have the emperor as witness; we confess that we requested it. We have come so that what both we requested and he granted may be done, and still I know not what doubts or delays are being interposed. And in another hand. I have reviewed this.

Montanus the bishop said. Since the opposing party has had recourse to the most clement emperor, it is fitting that they also produce both the mandate and the legation; so that when we have been able to examine these things, we may know in the proceedings of your Nobility what we are able to answer. And in another hand. I, Montanus the bishop, have reviewed this, with the appeal preserved. Vincentius the bishop of the Catholic Church said. It is sufficiently far from the cause, and beyond this cause, to wish to repeat those things which the tenor of this adjudication in the state of its inquiry did not seek at all. And in another hand. I have reviewed this. Montanus the bishop said. What I demand belongs to your action. And in another hand. I, Montanus the bishop, have reviewed this, with the effect of the appeal preserved.

The sentence of the presiding judge is definitive, as to what purpose he has deferred us to this present day; there ought to be sufficient shame in this, if we pass over what we ourselves judge concerning the cause. And as he was speaking, (And in another hand. I have reviewed this.) Montanus the bishop said. What I demand belongs to your action; you established the foundation of the cause, you had recourse to the emperor. It is therefore necessary for me to repeat both the mandate and the legation, and what words you used; so that when all these things have been thoroughly examined by us in the proceedings of your Nobility, I may then at last be able to answer what is fitting for our interest. And in another hand. You cannot surpass your own declaration. Recognize from where you have withdrawn. You cannot repeat what has been omitted. And in another hand. I have reviewed this. Augustinus the bishop of the Catholic Church said.

Why do you demand when I requested it, when you see when I have come? Why do you ask whether I requested it, when the entire Catholic council of God present in this city gave a mandate, subscribed to the mandate, and in your presence, at your insistence, acknowledged the subscriptions? Nothing is sought here but delays, because against the universal Church of God commended by His testimonies, there is nothing that can be said. And in another hand. I have reviewed this.

Montanus the bishop said. Let it be written that the opposing party is weaving delays, since they do not produce what is demanded by our party. And therefore if they wish the same delay to be removed from the midst, let them produce what we demand, let them produce the mandate, let them produce also the legation; then afterwards we shall come to the merits of the matter. And in another hand. I, Montanus the bishop, have reviewed this, with the effect of the appeal preserved.

Montanus the bishop said: But the most clement emperor by his rescript made public that these same persons had inserted a legation. Wherefore, since he himself also wished to grant us this faculty by his clemency, that we might inquire into this in the court, it is fitting that these same persons produce both the mandate and the legation, so that we may know what they may perhaps have falsely stated in that same document; so that then at last, when all these things have been thoroughly examined, we may know the merit of the persons; whether they are able to have answered to their honors with their order intact. And in another hand: I, Montanus the bishop, have acknowledged, with the effect of the appeal preserved. Marcellinus, a most distinguished man, tribune and notary, said: That they consented to the legation of the entire council, the tenor of the subscription clearly shows.

Finally, for full confirmation, when the names of all the subscribers were being read, your holiness said that this could not fully suffice for you, unless all had also come in person, so that, being present, they might declare by their own professions whether they themselves had subscribed and given the mandate. Montanus the bishop said: I demand the persons of those who gave the mandate to the most clement emperor, not of those who have come today to this court. Wherefore, most eminent man, it is fitting that these persons produce in the court of your nobility the action which they are fleeing. Let them therefore now produce the mandate; let them produce also the legation, so that when these have been reviewed and we have discerned who commended them, we may be able to respond to their objections.

Montanus the bishop said: Therefore, most eminent man, the presence of those must be secured who flew across the seas to the most clement emperor. Let their own person standing here teach that something was mandated to them by these persons; so that from the mandate itself I may understand what they wished to weave into their cause, and what they may thereafter perhaps have falsely stated against us in that same legation. For it is always the endeavor of adversaries to weave uncertain things about adversaries into the most sacred ears. Therefore, how do I prove that the episcopal person, which they boast to be theirs, was able to suggest something to the emperor under the guise of modesty and in some document, unless I shall have been able to read through that same legation or mandate entrusted to them and to judge concerning the same? And in another hand: I, Montanus the bishop, have acknowledged, with the effect of the appeal preserved.

Alypius, bishop of the Catholic Church, said: Your nobility also considers together with us that the same things are being repeated superfluously. The person of the assertors, confirmed by the authority of the present mandate, suffices. Let us now, with superfluous matters set aside, come to the substance of the matter; the foundation of which will be able to have no doubt, since our persons, to whom the universal council gave the mandate, so confirmed the disputation commanded by the emperor, that not even those themselves can doubt it, in whose sight all who gave the mandate came forward. And in another hand: I have acknowledged. Possidius, bishop of the Catholic Church, said: Who could or can deny that we sought the conference?

Emeritus the bishop said: What did you seek? Whom did you send? State the name; what did you mandate? And in another hand: I, Emeritus the bishop, have acknowledged, with the effect of the appeal preserved. Possidius, bishop of the Catholic Church, said: Speak to the matter; you have heard the mandate. Let it be read again, and respond, if you have something to say. You linger over superfluous matters. And in another hand: I have acknowledged. Petilianus the bishop said: Whom you sent, what you mandated, what you did—these are things I ought to consider. For it is not permitted to you to suggest secretly what ought not afterwards to be made public. And in another hand: I, Petilianus the bishop, have acknowledged, without prejudice to our appeal.

Montanus the bishop said: Let it be read in its place, whether the most clement emperor did not make their legation public. Concerning this matter, concerning this cause, he wished me to dispute; he wished their legation to be made public in the court. One must not deviate from the decrees of the most clement emperor; satisfaction must be given in this place to the most clement emperor: inasmuch as he wished us to examine the legation of these persons when made public in the court. And in another hand: I, Montanus the bishop, have acknowledged, with the effect of our appeal remaining.

Fortunatianus, bishop of the Catholic Church, said: The most clement emperor did not decree this; but he deigned to establish for the parties that, with bishops chosen from both sides, the truth brought forth into the open might at last, for the salvation of the peoples and souls, reveal the long-standing error. And in another hand: I have reviewed it. Petilianus the bishop said: Read whether you requested this. And in another hand: Petilianus the bishop, with our appeal preserved, I have reviewed it. Fortunatianus, bishop of the Catholic Church, said: Otherwise you linger on superfluities. We demonstrate the Catholic Church from the Law, from the Prophets, from the Gospels, from the Psalms, from all divine testimonies. Against this a mandate is brought forward by you. Public. Let us bring forth the Gospel with you for the demonstrating of the Church.

Petilianus the bishop said: That the Catholic Church is with me is shown both by our pure observance and by your vices and your crimes. Every Church of God ought to be pure, holy, without spot or wrinkle. Why therefore, in order that we may be able to descend to the discussion of this matter, and at a fitting time with the Lord's testimonies, as is prior, what I demand of you—if you are not lacking in confidence, especially since the most just judge of the cause acts to the end that whatever is to be done be made public to the people—it is sufficiently established that you have lied to the most clement emperor, since you hesitate to bring forth what you said, what you did, what you commanded, what that legate received, what mandate he accepted, what he accomplished.

Let the conscience of the people know these things, let the whole province know them all, let these acts which fully contain the controversy make known that you most openly distrust your own lie, and that you weave delays into the proceedings, lest truth should ever be reached while your tricks and mists stand in the way. And in another hand: Petilianus the bishop, with our appeal preserved, I have reviewed it. Vincentius, bishop of the Catholic Church, said: How do you reproach me for something you do not know whether I requested? And in another hand: I have reviewed it. Petilianus the bishop said: He has confessed that he requested it.

Fortunatianus, bishop of the Catholic Church, said: He has testified that the Catholic Church is with him. We wished, with your nobility presiding, that this be demonstrated by testimonies. Let him make public what he promises, so that either our agreement may accede to its manifest truth, or he may allow the truth to be shown more clearly than light, and at last, departing from error, let him who thinks to conquer in error against salvation yield fittingly to truth for the sake of salvation. And in another hand: I have reviewed it. Petilianus the bishop said: In order that we may do these things, first do what we demand of you. And in another hand: Petilianus the bishop, without prejudice to our appeal, I have reviewed it. Fortunatianus, bishop of the Catholic Church, said: If the order of the proceedings demands it, we will make it public.

Marcellinus, most distinguished man, tribune and notary, said: Since the august precept has shown the form of the legation, I do not know why the names of the legates are demanded. Does your holiness think that the most invincible prince said something contrary to reason? Since the persons seem to have been expressly designated and confirmed for the conducting of the cause, I have not yet been able to discern carefully why mention of the legation is now made, nor why the names of the legates are demanded. Wherefore, with superfluities at last set aside, let the matter be proposed.

Marcellinus, most distinguished man, tribune and notary, said: The conference that was requested, the recited imperial sanction has clearly declared, and it is established that this was granted. And since your holiness has agreed in one place, from those chosen by each party who could conduct the matter, I ask you that you deign at last to propose the matter, and to carry it through and set it forth. Emeritus the bishop said: Let him state this very thing which your excellence has marked by his interlocution. And in another hand: Emeritus the bishop, with our appeal preserved, I have reviewed it.

Augustinus, bishop of the Catholic Church, said: This is what we have long been crying out to have done. A conference was requested, a conference was granted, we have both come for the cause of the conference. Let it now at last be done, which we acknowledge was both requested and which the very concession declared to have been granted. And in another hand: I have reviewed it. Emeritus the bishop said: He said that it was requested. Through whom did he request it? And in another hand: Emeritus the bishop, with our appeal preserved, I have reviewed it. Possidius, bishop of the Catholic Church, said: They are unwilling to put an end to superfluities. Montanus the bishop said: You are weaving delays into the proceedings. And in another hand: Montanus the bishop, I have reviewed it, with the effect of the appeal preserved.

Marcellinus, most distinguished man, tribune and notary, said: The tenor of the imperial sanction shows that a legation was received from the Catholics, in which it is established that a conference was requested, at which the same most gracious prince wished me to preside as judge. Wherefore, since I have not been commanded to inquire into the persons of the legates, and your holiness recognizes together with me that I cannot exceed the form of the command, deign at last to set forth the matter, so that it may be seen that satisfaction has been given in all things both to truth itself and to the imperial order.

Emeritus, bishop, said: You understand, most distinguished man, what is being done in secret, while they wish to wrap in mists a matter placed in the open and almost clearer than the light itself. The imperial decree judged, according to its own will, that a conference should take place between the parties. We also, according to their petition, as they say—which they now deny in court, which they are unwilling to acknowledge. And while he was speaking, (And) in another hand: I, bishop Emeritus, with our appeal preserved, have reviewed. Augustine, bishop of the Catholic Church, said: We do not deny it. And in another hand: I have reviewed. Emeritus, bishop, said: Since they shrink from making it public, we, summoned to our provinces, profess that we ought not at all to flee the conflict which they promise to set forth.

Therefore, since nothing has been done concerning the matter, nothing concerning the cause, nothing concerning the person, given that it ought first to be examined whether they petitioned, through whom they petitioned, or what they petitioned—why they are silent about this, why they do not make it public, your sublimity observes. If the petitions agree, they ought to be examined in court. If they wish neither, they ought to make a concession of the one. If they wish to hold us to the consent of the prior mandate, we do not deny that according to the imperial decree we ought to be present at the conflict. But if they wish to proceed according to the present mandate, they ought to profess their agreement to the cognizance of that same matter as well. If they hesitate to set forth their propositions so that we may be able to respond to them, let your excellency see that it is not from our side that the reason arises why the matter is not examined.

Indeed, since by this agoga and by this, as it were, gateway one must descend to the merits of the matter, your excellency understands that they are either denying, or keeping silent, or disdaining to respond to our propositions; so that when you have observed these things, you may deign to judge. And in another hand: I, bishop Emeritus, with the effect of our appeal preserved, have reviewed.

Marcellinus, most distinguished man, tribune and notary, said: The most gracious emperor has not commanded me to inquire what they petitioned or what they brought forward. But why the conference was requested has been most plainly shown, that is, so that clear reason may refute superstition. That this can be done today is not in doubt, since I know that persons chosen from each side have assembled. Wherefore now, as I have interposed many times, let the matter be set forth.

Alypius, bishop of the Catholic Church, said: The reading of the rescript is now sufficient. They have acknowledged what the most gracious emperor wished to be discussed between us. Let superfluous matters be removed; let us come to the cause. For it must be considered what the opposing party is doing; namely, just as in the prior hearing it sought delay by means of the length of past proceedings, so also today it desires to burden the records with superfluous matters, so that they may again complain of delay in transcribing or producing the proceedings. And in another hand: I have reviewed. Montanus, bishop, said: You are weaving delays, since you do not produce what we demand of you. And in another hand: Montanus, acting in the matter of inquiry—he says that agogae are called the ditches which in—bishop, I have reviewed my submission, with the effect of the appeal preserved.

Bishop Petilianus said: It is manifest that in the immediately preceding hearing and controversy, although it was aired before the beginning of the case, the postponement arose through no fault of ours nor at our petition, but through the humanity of your judgments, which you could not deny: inasmuch as the shorthand-writers, burdened by the length and prolixity of the controversy, answered as much in their own declaration. Wherefore, since those matters have been concluded, but mention was made of them today, I wished therefore to rehearse these things. But that they now weave the same delays, that they now put forward the same obscurities in the present proceeding, lest we come to their falsehoods—their very silence makes this plain. For they speak; when they are silent, they show that they fear to bring forth what they lied about to the most clement emperor. If therefore they are confident in the good will and order of their petition, why do they hesitate to air it?

And since your authority deigns to remember that it was urged in the prior controversy that they should either proceed by public law or descend to dispute by the authority of the Lord's law, and they promised me this with their own consent, but your nobility excepted for itself that it ought not to be removed from the laws, it is your part, noble sir, to uphold what belongs to the laws; but theirs is the binding obligation of their promise, that they ought to make trial by divine law. If therefore the matter is conducted before you by public laws, since you have declared yourself to preside over those same laws, exact what the laws require. But if a legal disputation is put forward, I ask you here who desire to dispute: what you have petitioned, what you have done, what you have said against me—if I find that he has spoken truly, I am bound to enter into the disputation of that law.

But if I have learned that you began from treachery and falsehood, it is necessary that I avoid your person altogether and entirely. For what does it profit me to instruct a liar? What does it profit me to render an account to one who contradicts and will contradict? In another hand: I, Bishop Petilianus, have reviewed this without prejudice to our appeal.

Marcellinus, most illustrious man, tribune and notary, said: The imperial rescript, having been read aloud, declared that the conference had been requested by the Catholics alone.

Bishop Petilianus said: Let the records contain that we are Catholics. In another hand: I, Bishop Petilianus, have reviewed this.

Marcellinus, most illustrious man, tribune and notary, said: It is necessary for me to address them by that name by which the most clement emperor wished them to be addressed.

Bishop Petilianus said: Before the case is decided, that name is an empty one for them. Even concerning that very name there will be disputation and contention between us. That name will at last be held by the one who shall be found to be a Christian. In another hand: I, Bishop Petilianus, have reviewed this.

Marcellinus, most illustrious man, tribune and notary, said: It is certain that after the conflict has been held, those are to be called Catholics among whom the truth shall have been found. But I am bound also in this matter to follow the form of the august precept, in which it has deigned to call them Catholics.

Bishop Petilianus said: May your excellency have deigned to interpose this without prejudice to us. In another hand: I, Bishop Petilianus, have reviewed this, with the effect of our appeal preserved.

Marcellinus, most illustrious man, tribune and notary, said: Your holiness, if it asserts that they have been falsely addressed by this name, let it deign at last to set forth the matter; so that, concerning the name presumptuously assumed, if it can be proven, the party standing on the other side may be refuted in all things.

Bishop Emeritus said: The matter was conducted through great volumes, and they refused to respond, holding within themselves a certain prejudicial resolve not to give satisfaction to those who had been judged. And as he was speaking. (In another hand: I, Bishop Emeritus, have reviewed this, with the appeal preserved.) Augustine, bishop of the Catholic Church, said: Judged in what matters? In another hand: I have reviewed this. Bishop Emeritus said: Let them at least deign to afford this to the reverence and patience of the judges—that they respond—whether they stand in the place of petitioner, whether they themselves set forth the case, whether they themselves summon us to judgment; so that, once this too has been learned from their response, we may be able to reply to their propositions. In another hand: I, Bishop Emeritus, with the appeal preserved, have reviewed this. Marcellinus, most illustrious man, tribune and notary, said: Let a response be made to the objections.

Augustine, bishop of the Catholic Church, said: The Church—which you do not wish to hear, and yet must hear—since it is proclaimed by so many testimonies and divine utterances as spread throughout the whole world, whose communion we are seen to hold, has been assailed by you with false accusations. Hence arose your separation, which we grieve. These accusations with which you are accustomed to attack the Church spread, as it was promised, throughout the whole world—today we wish to hear whether they are true. For if those accusations which you have been wont to bring against the aforesaid Church are true, if you have been able to demonstrate it to be polluted, stained, overthrown, destroyed, and extinguished by certain crimes of ours, it will remain for us to inquire whether that which you proclaim to have perished everywhere has remained among you. But if it could not perish, it remains for you to acknowledge it, and to bring this dispute at last to an end. In another hand: I have reviewed this.

Marcellinus, most illustrious man, tribune and notary, said: You have received the presentation of the opposing party; deign to respond to it.

Emeritus the bishop said: I think it is presumptuous to wish to defend another's cause, and to bring into the midst of the matter that which, beyond causing embarrassment, no one can ventilate in court without a mandate. For I could now assert and cry out that the whole world resists and struggles against these men. I did not give you a mandate; my conscience is placed far from the outcome of this inquiry. I acknowledge the victor. Whoever shall have been approved as a Christian on just and lawful grounds, he is my Catholic, upon him this name is bestowed, he ought to claim this rule for himself; although the Catholic Church itself, which is now known to be duly arrayed against us as it were on a certain front on behalf of the prescription of the opposing party, ought to be neutral: and in the trial to be so established that the victor receives this name.

Your Excellency understands that nothing concerning foreigners, nothing concerning those placed far away, can prejudge our case, since this matter is being ventilated among Africans; but rather this is to be awaited, that whoever shall have been overcome by truthful inquiry, he may be seen to have been rejected by the world. Let those coming from the other side understand that they must respond to our propositions, so that those present or not present may not delay in stating what roles the persons play, that we may be able to respond to their contentions. And in another hand: I, Emeritus the bishop, saving the effect of our appeal, have acknowledged. Marcellinus, the most distinguished man, tribune and notary, said: What is reported? Augustine, bishop of the Catholic Church, said: That the persons were confirmed on the first day of the trial and likewise on the following day by your interlocution. And when he said (And in another hand: I have acknowledged.) Marcellinus, the most distinguished man, tribune and notary, said: Another matter has been inquired into.

Augustine, bishop of the Catholic Church, said: The form of your interlocution has made it clear. But because he says that he has no account to render with foreign Christians, but that everything which is being transacted is being transacted among Africans, this is the voice of African Catholic Christians: We are joined in communion with the entire Christian world. We have chosen to retain this Church, which we have found in those scriptures. And when he said. And (in another hand: I have acknowledged. Emeritus) the bishop said: Thus you have always been accustomed to choose and to change. And in another hand: I, Emeritus the bishop, saving the appeal, have acknowledged.

Augustine, bishop of the Catholic Church, said: We retain that Church which we have found in those scriptures, in which we have also come to know Christ. For our scriptures, to whose authority we are both subject, commend Christ and the Church as a holy marriage, Christ the bridegroom, she the bride. Where we know him, there also we ought to find her. If therefore we had now come into being, and were considering in Africa to which communion of Christians we ought to associate ourselves, without doubt we ought to hold that one which we would find in the Scriptures, and to repudiate the accusatory opinions of men, and to hold ourselves to the divine utterances alone, which know not how to lie. This is what African Christians have done, and they are called and deservedly are Catholics, attesting the name by their very communion.

For katholon means "according to the whole." But he who is separated from the whole and defends a part cut off from the universal, let him not usurp this name for himself, but let him hold the truth together with us. And in another hand: I have acknowledged.

Gaudentius the bishop said: They think the Catholic name is to be referred to provinces or to nations, whereas the Catholic name is that which is full of sacraments, which is perfect, which is immaculate—not referring to nations. For let him show that all nations are in communion with him, and he is a full Catholic. But it is first necessary nonetheless that they show what they have sought, what they have deserved. And in another hand: I, Gaudentius the bishop, saving our appeal, have acknowledged. Petilianus the bishop said: Deign to determine whether they ought to produce what we have demanded or not, namely. And when he said, (And in another hand: I, Petilianus the bishop, without prejudice to our appeal, have acknowledged.) Alypius, bishop of the Catholic Church, said: Either give an interlocution, or bid us satisfy the demands. And in another hand: I have acknowledged.

Emeritus the bishop said: If he proposes, let him prove it. And in another hand: I, Emeritus the bishop, have acknowledged. Petilianus the bishop said: Deign to pronounce concerning the matters set forth above. And in another hand: I, Petilianus the bishop, saving our appeal, have acknowledged. For if he shall have been unwilling to propose, how will he prove it? And in another hand: I, Emeritus the bishop, saving the effect of the appeal interposed, have acknowledged.

Emeritus the bishop said: We ask that there be no delay, so that the role may belong either to the one bringing the claim or to the one responding. Therefore, since it must be established, and the case is now to be ventilated in judgment, let them declare whether they seek or respond; so that when I have seen their intention in judgment, I may be able to respond. And in another hand: I, Emeritus the bishop, have acknowledged this, saving our appeal.

Augustine, bishop of the Catholic Church, said: They are accustomed to cast the crimes of traditio against the Church which we hold, and to contend that it has been destroyed and extinguished by the sins of certain persons I know not whom. And in another hand: I have acknowledged this. Emeritus the bishop said: I did not ask you this. Give satisfaction to what has been adjudged. And in another hand: I, Emeritus the bishop, saving the effect of the appeal, have acknowledged this. Augustine, bishop of the Catholic Church, said: And by these accusations to deceive the hearts of the simple, for whose salvation we are solicitous. Moved by these things, we convened them so that they might confer with us, and might show whether they could prove what they allege against the Church against which they make their allegation.

Since they refused this convention of ours, when certain of them had recently come to the imperial court and had said before the prefectorial records that they wished to be heard and wished to be examined, embracing us, we believed that their consent to a conference should at some point be sought from the emperor, so that the conference might be held to the end that those crimes which they are accustomed to allege against the universal Church might either be proved, so that the truth might appear, or might not be proved, so that the truth might nonetheless appear. If they wish or are able to show these crimes, let them be brought forward and demonstrated. But if they cannot or will not, it is now for your eminence to judge the whole matter, as reason itself indicates.

Marcellinus, most distinguished man, tribune and notary, said: That you ask rightly is shown by the text of your statement, and that the party standing on the other side has responded rightly has likewise been declared by their statements. For it has been asserted that the Church which they hold is, by certain crimes I know not what, alleged by you to be harassed even to this day; which crimes, if there are any, you ought to declare. But if there are none, it is necessary that you deign to respond to these matters.

Emeritus the bishop said: The case is conducted thus, this is the form of judgment, truth is thus inquired into, so that the person is passed over in silence. He says that I, by some authority I know not whose, am circulating crimes against the Church, and as it were through some rumor destroying his honor and merit. Whatever he wishes, by whatever name he wishes, he must by whatever argument he can impose a name upon this very case, so that since he again challenges, the petitioner may stand forth. Whether I have said it or not, whether I have said it truly or fabricated it, I shall know when his own proposition is before me; when it shall be established that what he objects against me is true and was put forward by me, then at last it is necessary that I respond to his allegations. Your excellency therefore sees that without a challenger the role of respondent is superfluous, nor can anyone be called a respondent unless there has first been a challenger.

Therefore if he stands in the place of a challenger, that is, of what is called a petitioner, let him institute an action to which I ought to respond. For they say very frequently that we use superfluous dilatory tactics so that the matter may not be reached. Therefore, since this is the hinge of the case—that he who summons another to judgment ought to institute an action and challenge to a response—let your excellency take note that they ought to set forth whether and what action they institute against us, so that we may be able to respond. And in another hand: I, Emeritus the bishop, saving the effect of our appeal, have acknowledged this.

Marcellinus, most distinguished man, tribune and notary, said: Let the Catholic party declare whether it believes anything is to be objected against those standing on the other side.

Augustine, bishop of the Catholic Church, said: We sought a conference in which to refute charges brought against us, not in which to bring charges to be refuted; since when they have been unable to prove the charges they brought, what they are and what remains of them will be plain to all without our saying a word, and judgment will be rendered by your Excellency. We have now entered upon the task of refuting their accusations, which they are accustomed to bring against the Church which we hold: their mandate also contains this: Against the traitors and persecutors of our people. Moreover, Primianus, if he deigns, our brother, when summoned for the conference itself, replied: It is unworthy that the sons of martyrs and the offspring of traitors should meet together. These are the charges we have undertaken to refute; to have these charges refuted we sought this conference. It has been granted. Either let them be proved, or let them be cleared. And in another hand: I have reviewed this.

Marcellinus, most illustrious man, tribune and notary, said: The text of the mandate professes that the party of the traitors is the one appearing on the opposite side. The conference, however, if indeed the proceedings of the Catholic party are supported by truth, is established to have been sought by both parties. Wherefore let your holiness now deign to support with proofs what appears to be expressed in the mandate. For you have gathered from their proceedings that certain things are charged against you by them rather, and that they wish to refute those charges once brought.

Adeodatus, bishop, said: Let it be recorded that we are Catholics. And in another hand: I, bishop Adeodatus, have reviewed my proceedings with the effect of the appeal preserved. Fortunatianus, bishop of the Catholic Church, said: We shall demonstrate from the mandate of Primianus that you are Donatists. And in another hand: I have reviewed this. Adeodatus, bishop, said: Let it be recorded that you are Caecilianists. And in another hand: I, bishop Adeodatus, have reviewed my proceedings, with the appeal preserved.

Fortunatianus, bishop of the Catholic Church, said: If you so direct, we shall read aloud the proceedings held in court before the prefecture, where the opposing party so urgently demanded to be heard. And therefore, if you so direct. And in another hand: I have reviewed this. Marcellinus, most illustrious man, tribune and notary, said: Let the proceedings held in the court of the illustrious authorities, received by the office, be read aloud.

Petilianus, bishop, said: Against these things preserve what is proper. And in another hand: I, bishop Petilianus, have reviewed this without prejudice to our appeal. Marcellinus, most illustrious man, tribune and notary, said: They shall be preserved. Petilianus, bishop, said: Pronounce on the matter of standing. What they sought, and what they suggested to the most gracious emperor, and wherein they lied, let this be brought to light. Here: Pronounce whether I demand this superfluously or not. Then at last let the case proceed. And in another hand: I, bishop Petilianus, have reviewed this, with the merit of our appeal preserved.

Bishop Petilianus said: Let all things be read in their order. Let those things which we request be read first. And in another hand: Bishop Petilianus, without prejudice to our appeal, have acknowledged. Bishop Emeritus said: This is what we wished to be brought forth in judgment, whether they have made known to the imperial ears that we stood before the court of the prefecture either voluntarily or that we sought the conflict. For if you had said these things, I could refute you in judgment by the authority of the digests. But if you had not said them, let those who have been appointed as cognitor understand that he ought to refer all matters to the imperial notice.

Therefore, since we most evidently prove that these men have been wholly unable to demonstrate either those things which they say they made known to the emperor's ears, or whether they went, or when they went, or with what mandate they went, may your authority deign to judge this very matter; so that if they think to prove in judgment the identity of our persons as petitioners from the compilation of the acts which were conducted before the most illustrious authorities, when it shall have been established by the reading of the acts, you may deign to give judgment. And in another hand: Bishop Emeritus, saving our appeal, have acknowledged.

Marcellinus, most distinguished man, tribune and notary, said: It is sufficiently clear that there ought to be no return to those matters from which it is established that a transition has been made. Wherefore, that the identity of the petitioner may be plainly shown, let the acts of the illustrious authorities be read aloud.

Bishop Petilianus said: He shows one thing, while I request another. The public conscience itself takes note, and I will no longer be silent nor delay, noble sir, in declaring that you yourself promised the people by frequent edicts that whatever you were about to hear, between the disputing parties of course, you would again set forth by subsequent edicts. You shall see to this; it is a matter of your own reputation, whether you ought so readily to compel me to dispute concerning the merits of the cause, when my adversary has denied me that which I greatly demand ought to be brought forth. You shall see to it yourself, you shall weigh this yourself as you wish. Yet I desire to provide for your excellency what you think in this place. This is expedient for me; I am unwilling to be marked by the people for having passed over this, and for having passed over that very place where I plainly see a lie being concealed which ought to be made public.

Therefore you, noble sir, who hold in this place the position of mediator, assume that pure and innocent constancy, and do not hesitate to pronounce what is lawful. For it is not right that, when satisfaction has not been given to me, I should be compelled to descend to the inner parts of the cause. Wherefore indeed I greatly presume; but I ought not to pass over those things which I seek. And in another hand: Bishop Petilianus, saving the merit of our appeal, have acknowledged.

Marcellinus, most distinguished man, tribune and notary, said: That it may be more diligently discerned what ought to be judged, suffer the acts to be recited.

Bishop Petilianus said: The order of the proceedings is not such that these things should be read out first. And in another hand: I, Bishop Petilianus, have acknowledged this, with our appeal preserved. Marcellinus, most distinguished man, tribune and notary, said: Nothing ought to be denied to the parties. Bishop Adeodatus said: If nothing is to be denied to the parties, then at last what we have demanded must be granted to us. Let them produce the embassy. For this embassy could not have been conceived in bare words. It was written down; let it be shown, let it be brought forth into public. Let us see whether these things fabricated against us are true or false. And in another hand: I, Bishop Adeodatus, have acknowledged my submission, with the appeal preserved. Marcellinus, most distinguished man, tribune and notary, said: I have already pronounced and judged that I cannot exceed the form of the imperial oracle. For it is established that the persons of the legates ought not to be examined in my court.

Therefore let the proceedings be read, so that it may be shown more clearly who stands in the place of petitioner. Bishop Adeodatus said: The emperor did not prescribe that the proceedings of illustrious authorities should be produced in court; and yet the opposing party is given license to produce them. They themselves produce what they wish; we are not permitted to receive what we demand. Marcellinus, most distinguished man, tribune and notary, said: Whatever proceedings your holiness has offered, or promises that it will offer, it is necessary that the same be read out. Bishop Adeodatus said: Whatever things are necessary to the case ought not to be denied. Marcellinus, most distinguished man, tribune and notary, said: Permit therefore that what the party standing on the other side says is necessary to its own case be read out by the office. Bishop Adeodatus said: I cannot concede that they ventilate in court what they wish, unless they have first brought forth in court what I have demanded of them.

Bishop Augustine of the Catholic Church said: We received these things from the archives. If there is anything which you too could have received, if you shall have demanded that it be read out and it shall have been opposed by us, count us unjust, and return the favor. And in another hand: I have acknowledged. Marcellinus, most distinguished man, tribune and notary, said: You cast suspicion upon the proceedings, because you do not allow these things, when it is also lawful for you to publish everything that you have brought in. Therefore let those things which have been offered be read out at last. Bishop Petilianus said: Let the records contain that your authority was unwilling to pronounce what we seek. We can say nothing further, especially since I see that your authority wishes one thing, while I demand another. Pronounce that I am demanding superfluously what I seek; let there be something for me to hold, something for the people to know. Then at last I shall descend to the necessities of the case.

And in another hand: I, Bishop Petilianus, have acknowledged my submission, with the appeal unimpaired. Marcellinus, most distinguished man, tribune and notary, said: I cannot judge concerning that which has not yet been proved. Bishop Petilianus said: Pronounce whether I rightly demand that what they have secretly suggested to the emperor ought to be produced. And in another hand: I, Bishop Petilianus, have acknowledged this my submission, with the appeal unimpaired. Marcellinus, most distinguished man, tribune and notary, said: That nothing was suggested secretly to the emperor has been shown to all judges by the reading of the sanction that was given, and also to my own humble self by its recitation. Therefore when from the reading of the proceedings I shall have learned what I ought to judge, I shall without doubt judge.

Martialis, the clerk, read out: A copy of the proceedings held on the third day before the Kalends of February at Ravenna, in the consulship of our lord Arcadius, most august emperor, and Probus for the fourth time. And while he was reading, Bishop Petilianus said: If you command it, your sublimity takes note against this that our petitions have not yet been satisfied, so that by the exception of those proceedings it might be established that they themselves are the petitioners, and that they themselves ought to press what they have thought should be objected. And in another hand: I, Bishop Petilianus, have acknowledged my submission, with the appeal unimpaired. Marcellinus, most distinguished man, tribune and notary, said: Now from the reading of the proceedings it will be shown evidently and openly who stands as petitioner. Bishop Petilianus said: There are proceedings drawn up long before, in which the most distinguished man the proconsul.

And while he was speaking, (And in another hand: I, Bishop Petilianus, have acknowledged.) Bishop Possidius of the Catholic Church said: He fears his own submissions, and therefore does not permit the proceedings to be read. And while he was speaking, (And in another hand: I have acknowledged.) Bishop Petilianus said: There are proceedings held in the court of the proconsul, held also in the court of the vicar of the prefecture, in which it is shown that very many things were charged against us. There are also others which, lying to the most clement emperor, they sought long before through those who stood by and supplicated, namely Theasius and Evodius, those very ones whom they always have as forerunners and navigators, and as legates of their fury, who seek blood, seek proscriptions, strike fear, bring dangers, and kill men throughout the various provinces. All these things therefore command to be read out first. Then at last you will find them to be the petitioners. And in another hand: I, Bishop Petilianus, have acknowledged my submission, with the appeal preserved.

Possidius, bishop of the catholic Church, said: With what impatience and tumult they act is attested in these proceedings by the interlocution of your nobility. For they greatly fear the cause, to the merit of which they are altogether unwilling to descend. Let not all those things which have been said on our part in the prosecutions concerning the promises and exhibitions of the Church of God be in vain. Why do they prevaricate, why do they pry into I know not what forensic matters? The memorandum has already been given; let your nobility deign to pronounce the face of their defense. And in another hand. I have reviewed.

Petilianus the bishop said: Indeed, the catholic party is none other than that which shall have taken the palm of this contest. Therefore we desire that those things be read out which were brought forth and sought by them at an earlier time before the proconsular tribunal and the tribunal of the vicar of the prefecture. And in another hand. I, bishop Petilianus, have reviewed my prosecution with my appeal intact. Possidius, bishop of the catholic Church, said: If you had confidence in the cause, you would come to the merit of the cause. And in another hand. I have reviewed.

Petilianus the bishop said: If this has been entrusted to your authority, if they have not departed from what they had long since promised that they ought to proceed legally, restore to us that first objection, of which we seem in some manner to have suffered loss under the reasoning of this exception. If therefore he holds himself to the law, your excellency perceives that they can in no way make mention of these little documents which they produce. And now again and again I demand that they declare what they choose: whether they will proceed against me by forensic action, or contend with me by legal disputation. And in another hand. I, bishop Petilianus, have reviewed my prosecution with my appeal intact.

Petilianus the bishop said: The proceedings still warm with the record of my having requested this—that they produce what they falsely alleged to the emperor, that they read out what they objected—against such clouds as these, they would wish to re-read the acts which were held before the tribunal of the prefecture, more ancient than those which I have long preferred. Therefore, most noble man, if the tenor of the cause stands as it appears to have been framed from the beginning, either let them forfeit those public documents and come to legal disputation; or if they desire to make use of these things, let them forfeit the divine law. And in another hand. I, bishop Petilianus, have reviewed my prosecution with my appeal intact.

Augustine, bishop of the catholic Church, said: To what the opposing party has just set forth, let your sublimity attend briefly. We show that we hold the catholic Church by the very testimony of our communion, which Church we are prepared to prove, if they permit, as declared not by human rumors nor by wandering opinions, but by divine utterances. But that we offer laws, or records, or whatever documents brought forth from the archives to be read in this conference, those very persons compel us who proceed by such means. For if, with all such documents set aside, they were unwilling for the Church to be considered except in the Scriptures, we would wish nothing, we would desire nothing else. They speak of the crimes of tradition. Those crimes of tradition they either do not prove by archives, and then they say nothing; or they do prove them, and then they compel us in turn to proceed by archives.

And so your excellency clearly perceives that the cases must be distinguished: when we are compelled to proceed by public laws; and when, on the other hand, we wish and desire that the business of the Church be settled by nothing but divine utterances. And in another hand: I have reviewed this. Petilianus the bishop said: Let him state what he has chosen. For they will not be able to hold both. And in another hand: I, bishop Petilianus, have reviewed my presentation with my appeal preserved.

Marcellinus, most illustrious man, tribune and notary, said: It is sufficiently clear that the presentation of the opposing party has been most open, in which it seems to have been shown that if the crime of tradition is alleged, which without doubt cannot be proved by divine laws but must be found out more diligently by the evidence of records, then let all things be conducted by means of public records. But if the cause of faith shall begin to be pleaded, then recourse shall be had to those things which are to be taught by examples from the Old and New Testament. Wherefore let your holiness, if it wishes its petition and the presentation of the opposing party to be confirmed by declarations, show clearly whether it desires the crime of tradition, which can in no way be proved except by certain most evident documents, to be pleaded in judgment, or whether it desires only the cause of faith to be examined and settled in the judgment of my mediocrity.

Emeritus the bishop said: I am not ashamed to repeat more than once what pertains to the case. For indeed even at the very outset of the business we demanded that they demonstrate more clearly than light the mandate of their legates, lest when these matters were brought to judgment they might perhaps refuse them. For they can say: we gave different instructions, we did not hold the same opinion, nor did we consent to petition the imperial precept. Just as now. And when he was saying this (And in another hand: I, bishop Emeritus, have reviewed this with my appeal preserved),

Emeritus the bishop said: Since there are two matters of business, there ought to be two mandates. The mandate which in the present business has been read and inserted into the records; but the mandate which appears to have been given to the legates has in no way been read. We ought therefore to consider whether this also appears to have been drawn up by the same persons beforehand, so that it might be brought to the imperial ears; so that when both mandates shall have been read in judgment, you may deign to judge whether they had one and the same will. And in another hand: I, bishop Emeritus, have reviewed this with the effect of my appeal preserved.

Augustine, bishop of the catholic Church, said: We have already cried out so many times. The mandate which was enjoined upon the legates of the bishops, they demand to have read to them by the bishops. This is to seek what belongs to others and does not pertain to the case. The mandate which was enjoined upon us for the purpose of holding this conference with them has been read; let this suffice them. For what if certain things were mandated to the legates which indeed do not pertain to this case, but which we do not wish them to know? It suffices that the emperor himself declared by his testimony that we petitioned for the conference. This was granted, we have come to it, let it at some point be conducted, the ears of men are open to the truth. And in another hand: I have reviewed this.

Augustine, bishop of the catholic Church, said: I did not say this; you did not attend to it, or you pretended not to have heard what I said. Hear, we say this more plainly, lest perhaps through my fault you did not understand, since I said it somewhat obscurely in the interest of brevity, which you were unable to grasp. It is known to all that the Church has many causes, both her own and those of private persons committed to her care; and it can happen that many things pertain to the intercession of bishops. Secrets of matters and causes belonging to others are entrusted to us, in which our intervention is often sought, on account of which assistance is asked from the Church. These must not be divulged, lest we be found betrayers. It suffices you that the most clement emperor himself is witness that I petitioned for the conference in your case. Seek nothing further, if you are not seeking the affairs of others.

For your business it suffices that what has been read from the emperor's own law has been confirmed by our mandate and subscriptions. And in another hand: I have reviewed this.

Bishop Adeodatus said. Diverse matters cannot be mandated in a single mandate. But if perchance it is established that you have mandated the same things against other provinces as you have mandated against us, you do well not to reveal it. Do not therefore bring yourself forward. Since you desire to pursue me first, you are reserving this for the other provinces. You have shown what you have done, you have shown what you conceal. I hold your lie, I hold your falsehood. And in another hand. Bishop Adeodatus, with the appeal preserved, I have acknowledged.

Marcellinus, most illustrious man, tribune and notary, said. By his own submission, venerable man, if your holiness deigns to attend carefully, he has signified by his own submission not that he has mandated anything against you, but those things which do not pertain to you. He has openly confessed only this: that he had sought a conference by all means, and that this had been granted. Wherefore, lest we seem to exceed the form of the imperial precept, I see that mention of that mandate ought not to be made. Therefore let your holiness deign to respond to what he has asked: whether you wish the crime of tradition, which can be shown from the public archives, to be tried in judgment, or whether you desire only the cause of the Church and of the faith to be examined.

Bishop Petilianus said. We are being mocked in a refined manner, so that although they themselves are the petitioners, and have always disturbed and troubled our peace, we are placed in the position of petitioners, when we have always been and are the possessors of peace and of the Church of God. I therefore ask your nobility to maintain this order. Let them show what they have done; there you will find the petitioners. And in another hand. Bishop Petilianus, with the appeal preserved, I have acknowledged.

Bishop Alypius of the Catholic Church said. We are producing more ancient documents. And in another hand. I have acknowledged. Marcellinus, most illustrious man, tribune and notary, said. In the meantime, allow these proceedings, which are more ancient, held before the seat of the most illustrious powers, to be read aloud. Navigius, assistant of the records, read aloud. In the consulship of our Lord Arcadius Augustus for the sixth time and Probus, most illustrious man. And while he was reading aloud,

Marcellinus, most illustrious man, tribune and notary, said: Let those things which are older be read aloud. Navigius, assistant of the staff of the most illustrious and respectable vicar, read aloud: We petition your equity, Septiminus, most illustrious man, supreme highness of proconsuls. The catholic Church suffers many things contrary to divine and human laws at the hands of the heretics of the party of Donatus; which, if we wished to demand that they be prohibited and removed by either earlier or more recent imperial commands, they would by no means dare to complain about our actions, knowing that, though aided by no such law, they nevertheless took care to have their own schismatics the Maximianists driven out and expelled from their places and seats by the orders of judges.

Nevertheless, we, peacefully consulting for their salvation and our own good standing, on account of the charity by which we are Christians, wish to admonish them gently, that they not neglect to consider and acknowledge their error; or if they think they have some part of the truth, let them defend it not by the furious violence of the Circumcellions against the public peace, but by the tranquil rendering of reason. Wherefore we petition your highness that, when we shall wish to admonish them concerning this matter through magistrates either in the cities or in the territories belonging to them, you command that a copy of the proceedings be furnished to us and that they be honorably summoned on the basis of our allegation; having obtained this, we shall render abundant thanks to your excellency before God. Given by all the catholic bishops from the council of Carthage (of the year 403), in the consulship of our lord Theodosius Augustus and Rumoridus, most illustrious man, on the ides of September at Carthage.

Septiminus, most illustrious man, proconsul, said: In whatever place the authority to draw up proceedings is granted to the ministers of the venerable law for the peace of the empire; this also being limited by the tenor of this precept, that they understand that they must render the reasonings of their own persuasion to those who healthfully petition the teachers of the erring people, so that, with matters brought into the open, the friendly moderation of the law may be preserved, superstition being suppressed. After this was read aloud,

Augustine, bishop of the catholic Church, said: These things we requested, but in response to your preceding accusations and charges. For we bring forward the most ancient proceedings, in which your forebears at that time came to Anulinus the proconsul, and presented to him documents in which they said the crimes of our forebears were recorded, and asked that he send those same documents to the emperor Constantine. These we offer, and we petition your nobility to command that they be received by the office and read aloud in order. And in another hand: I have acknowledged.

Emeritus the bishop said: Therefore he stands in the place of the petitioner. And in another hand: I, bishop Emeritus, have acknowledged. Possidius, bishop of the catholic Church, said: When the documents have been read aloud, the petitioner will more easily be found. And in another hand: I have acknowledged. Marcellinus, most illustrious man, tribune and notary, said: Although from these proceedings they appear to stand in the place of petitioners, nevertheless it will be better and more clearly established when all things have been read aloud.

Bishop Petilianus said: Against these things I enter a plea. If this is a civil action, you have been instructed to hear the case of this time, most noble sir. If the matter is conducted simply and in the ecclesiastical manner, I will acquiesce in what is brought forward according to divine law, whether by me or by the opposing party. But if they desire to read out old and ancient documents, I have strong pleas on my behalf; I cite that period of time by the contestation of which I have in the meantime entered a plea of omission. The lapse of the case has been incurred; it cannot be heard again. And in another hand: I, Bishop Petilianus, with my appeal preserved, have acknowledged. Bishop Augustine of the Catholic Church said: They bring charges of traditorship. And in another hand: I have acknowledged. Bishop Petilianus said: This is the matter of the case. Bishop Augustine of the Catholic Church said: Return the turn; you were heard when you were proceeding, while we were patient.

They are accustomed to bring charges of traditorship against the Church which we hold. Bishop Petilianus said: Does he act according to law, or in the civil manner? And in another hand: I, Bishop Petilianus, have acknowledged. Bishop Possidius of the Catholic Church said: You were the first to present documents. Bishop Petilianus said: Give me the time. Let the official reckoning of the times be calculated, whether the case is to be pleaded today, if we descend to civil proceedings. And in another hand: I, Bishop Petilianus, with my appeal intact, have acknowledged.

Marcellinus, most distinguished man, tribune and notary, said: Let an answer be given to the charges. Bishop Augustine of the Catholic Church said: If they permit it, against the Church which we hold (as all know, whose minds they are accustomed to disturb with their accusations, and as they also declared in the tenor of their own mandate); against the Church, I say, which we hold, they are accustomed to bring charges of traditorship. And in another hand: I have acknowledged. Bishop Petilianus of the party of Donatus said: Let them declare in response to what has been asked. We sought a declaration, not a conflict. And in another hand: I, Bishop Petilianus, with my appeal intact, have acknowledged.

Bishop Augustine of the Catholic Church said: If they abandon these charges, we bring forward nothing from the public records. But if they persist in the same accusation, we demonstrate from the public records that this case was long ago concluded, and yet they have not ceased from bringing forward accusations of this kind. Hence we have now demanded this conference, not in order that we take up anew for settlement that case of traditorship which they were bringing against Caecilianus and his colleagues, but to show that it was long ago concluded, so that the peoples who do not know this, and are still stirred up by their accusations, may at last come to know in which Church they should seek the way of Christian salvation. If therefore the question concerns what the Church is, how great it is, of what character it is, the divine testimonies alone will suffice to demonstrate it.

If they appeal to men, if they bring charges against men, although the cause of the Church must be distinguished from the cause of men, and hope for the Church is not to be placed in men, nor, if they are good, nor if they are evil, is the Church of God to be judged as having perished: yet we also take up the cause of those very men as our brothers, and if they can be shown to us to be guilty, we anathematize them today; yet on their account we do not forsake or abandon the Church promised and exhibited by God. Let them therefore choose what they will. Let them not bring charges against men, and the documents will cease. The divine authority alone will speak; the Scripture of God alone, to which we both submit, will be brought forward. And in another hand: I have acknowledged. Marcellinus, most distinguished man, tribune and notary, said: What is replied to these things?

Emeritus, bishop of the party of Donatus, said: I cannot respond to so lengthy a speech. Nevertheless, summarily, as best I am able, I shall sift through what has been sent into judgment superfluously, since our party's petitions were put forward so that they might not confound them even by re-reading, so that they neither wish to be petitioners nor say they stand as respondents, and they have brought against our party a prosecution, so that if they observe the order of forensic rules, I shall not omit from my inner understanding the notice of the conditional day; but if they prefer rather to contend in judgment by legal means, it is necessary for us to answer them with the divine Scriptures.

Now the first thing we demand in judgment is this: since they waver in judgment over the allegation of their mandates—inasmuch as reading one thing, they deny another, and yet say they had previously sent legates to the imperial ears, and it followed in like manner that from the response of the records it would have been made clearly evident whether we were the disturbers or whether we came to judgment as the disturbed—being unwilling to respond to all these many propositions, they cast themselves down to other matters by some argument I know not what. I ask, noble sir, let them establish their position; let them say in what order and by what action they stand in judgment. For we, who have been brought to the dispute, cannot stand in the place of petitioner. It is necessary for them to set forth their case, so that our party may be able to respond to their propositions. And in another hand: I, Emeritus the bishop, with my appeal preserved, have reviewed this.

Marcellinus, most illustrious man, tribune and notary, said: It is also established by the prosecution of the venerable man Petilianus that it was signified whether the Catholic party—a name which I have made clear in many interlocutions I use without prejudice—wished to proceed by public law, or certainly by divine testimonies, and that it should show this evidently. But again a response was given to the questions, so that it was most evidently shown that, if crimes were not alleged, one must depart from public documents, which it is certain can be proved in no other way than by the attestation of public records; but if, however, the cause of the Church were to be treated, only legal testimonies should be brought forward. Let it be more evidently designated what is pleasing concerning these matters.

Petilianus the bishop said: There are two things which, beyond the rest, we began to sift from the beginning of this day. One, that they themselves should read what they had submitted to the most clement emperor; the other, whether they desire to hold to the disputation of divine law, or to public laws. On neither point has anything been openly answered to me. And in another hand: I, Petilianus the bishop, with my appeal unimpaired, have reviewed this.

Petilianus the bishop said: Your sublimity perceives, therefore, that we are being led gradually to the inner matters of the cause; your excellence and keenness of mind perceives that I have been answered more by the interlocutions of your nobility than by the responses of our adversaries. Therefore let something more evident be decreed, let it be more evidently established; let me know what I ought to respond. For to me, as your nobility recalls, the same mandate has been given by my party, that I should respond to charges brought, not that I should bring any charge myself. For I do not stand in the place of petitioner, but of one about to respond.

Let those who, more than once before the ears of the emperor and before all the people—indeed, before those duly constituted in their own right—lead us into accusation and odium, calling us heretics and also naming us schismatics, let them teach this, let them refute this; to this matter I shall be ready to respond, if only they turn to legal matters and seek the responses and judgments of the law itself. But if they mix both together, let it be more evidently designated. Let me know the nature of the action; let no one reproach me in public, let no one judge me a weak defender of a good cause, let no one judge me oblique, let no one judge my adversary deceitful and licentious, to whom all things are permitted; so that when just and evident answers are required concerning these matters, it pleases them delicately, in whatever way they wish, to spread clouds and darkness, so that one cannot come to the hinge of truth.

And in another hand: I, Petilianus the bishop, with my appeal unimpaired, have reviewed this.

Marcellinus, most illustrious man, tribune and notary, said: There are two things which your holiness believed should be demanded: one, that the mandate in which the legates were chosen by the party standing on the other side should be re-read; the other, that they should most evidently demonstrate whether they would depart from the divine laws. Petilianus the bishop said: Let them respond briefly to both. And in another hand: I, Petilianus the bishop, have reviewed this. Marcellinus, most illustrious man, tribune and notary, said: To one matter, since it was my concern, I myself responded. For I could not doubt concerning those legates, about whose legateship the most clement emperor had pronounced, lest something should seem to be reopened to his injury. The other matter, however, is established as defined by their prosecutions, by which it was evidently shown that they wished to depart from public law under that condition, if you were to be silent concerning the crimes of persons.

Wherefore, since it is recognized that only this conflict remains—that it be most evidently demonstrated who stands in the place of petitioner—since the records offered by your party have been recited, permit also those which will be offered by the other party to be recited by the office.

Bishop Petilianus said. Whose records are those which have been read out by my party? If those on the other side were absent, it was lawful for you, noble sir, to defend the cause of the absent with a judicial mind. Now they are present. Let them answer me themselves, let them declare themselves, let them not delay in responding to both of the points I have put forward. And in another hand. Bishop Petilianus, I have acknowledged. Bishop Possidius of the Catholic Church said. You do not permit us to respond. Bishop Petilianus said. It is your part to pronounce what you hear; it is theirs to plead the cause, who stand against me in the place of petitioner. And when he said (And in another hand. Bishop Petilianus, I have acknowledged),

Bishop Augustine of the Catholic Church said. We have already said on what basis we would rather proceed, that is, whether by public documents or by divine testimonies. It is placed in your power. For if you desist from the crimes of men, we also will desist from public documents, and will assert the cause of the Church by divine testimonies alone. But if you do not desist from the crimes of men, it is necessary that we both demand public documents from you and produce public documents against you. Now when we were making this known to the judge, because it had not been driven from his mind by your manifold and superfluous proceedings, he was therefore responding to you that these things had already been done by us, not acting as our advocate, but as his own, to whom we have already made known and deeply fixed in his heart what we say. And in another hand. I have acknowledged.

Bishop Emeritus said. He says his demand is brief; our response ought to be brief. Every action is accustomed to involve two persons, that of the petitioner and, on the other side, that of the respondent. Since this cause maintains its own order and requires a contest, what is it that, before the beginning of the matter, a certain choice is proposed to me by the opposing party, as it were, that I should say whether I resist the charges brought against Caecilianus and fall silent concerning those same things I had alleged, or whether I am able to confirm in court what has been alleged? Remember, supreme judge, as you are wont to do, what the order of speaking is. For no one says to one standing against him: Choose for yourself whether you accuse me or not.

No one says: Are you going to bring a charge, or are you going to offer nothing against me in court, and imposing a kind of mute silence upon your allegations, are you to be said to have come from such distant regions in vain and without reason, since I stand here for this purpose, that if he himself shall have said that I said those things which he has subscribed as grievous either to imperial ears or in his own mandate, then at last I may choose and respond, whether I wish to proceed, strengthened by the confirmation of the laws, against the allegations of the same man according to the tenor of his prosecution, or to withdraw myself from this action. Your excellency sees that I cannot respond, since he has spoken uncertainly, since he has proposed nothing of such a kind to which I ought to recall a response. For I say whether he stands as petitioner or respondent.

He says to me: If you shall have set aside the cause of Caecilianus, then I am the petitioner; but if you shall not have set it aside, it is necessary for me to respond to those things which appear to have been alleged. If you fear the cause of Caecilianus, and fear that something has been alleged against you, you ought to propose, you ought to institute the action in court. Draw me forward and place me before the public. Tell me that I have commended to public record some crime against you which you brought to the imperial ears. But when I rather seek from you what you have heard, what you intimate to the courts that I said, what I made known, why do you fear, why do you dread to confirm that action in court? Doubtless you consider this, lest by taking on the person of petitioner and bringing those things into court, you be compelled to prove in court things received, or said, or published by someone.

Observe, noble sir, in what state this cause stands, since I, who am the one pressed, seek that their petition be brought forward in court, and by whatever entreaty I can I continually beseech that they not be permitted by dilatory means to come to the crux of the matter at all. Therefore it is not on our part that nothing has yet been done concerning the matter, since if they had wished to establish their own standing before the courts, it would have been necessary for us to respond immediately to the allegations. And in another hand. Bishop Emeritus, with his appeal preserved, I have acknowledged.

Augustine, bishop of the Catholic Church, said: O brief response! How much is said, where it cannot be found what is said! I responded briefly to your demands. You wished to know from me whether I would proceed by legal divine testimonies or by public records. I responded: If you withdraw from the charges which cannot be declared except by public records, I withdraw from public records, and shall assert the cause of the Church which I defend by divine testimonies alone. But if you are unwilling to withdraw from those accusations, neither shall I withdraw from those documents by which I shall show that you bring false charges against either us or the very Church which we hold. And in another hand. I have reviewed.

Petilianus, bishop, said: No one chooses two out of two. Since therefore I proposed that he should choose one of the two, he has more evidently claimed both for himself. I am not afraid, I do not refuse, if this can be maintained. Keep for me first the time limits of the laws; let a day be set. Let the office answer concerning the day of the case; let it be established that it has lapsed. Judge from this; from this you ought to render sentence. Indeed, you would render sentence against me if by chance I had been absent. And in another hand. Petilianus, bishop, with my appeal preserved, I have reviewed.

Augustine, bishop of the Catholic Church, said: Why did Primianus promise that he would be present at the kalends? And in another hand. I have reviewed. Alypius, bishop of the Catholic Church, said: Order this to be read aloud. Although these matters have been transacted, although the opposing party casts these clouds as a mockery of the people, yet we also ask that you order this to be read aloud, so that they may at least thus recognize how shamelessly they repeat again what has already been transmitted before. And in another hand. I have reviewed.

Marcellinus, most distinguished man, tribune and notary, said: You desire to act contrary to your own agreements, which is forbidden by the laws. For it is established from the agreement of the parties that the hearing was first postponed, so that the matter might be treated on another day, or a third, or certainly after the publication of the records. Wherefore, in order that it may be more carefully declared who stands in the place of petitioner, let the records be read aloud.

And in another hand. Adeodatus, bishop, with my appeal intact, I have reviewed.

Augustine, bishop of the Catholic Church, said: But the cause of the Church, not the cause of Caecilianus and his colleagues, against whom you bring charges. Behold, we promise, and we promise as often as it shall be required of us, and when it is not required, we offer: the cause of the Church we establish, teach, and demonstrate by divine testimonies alone; but the cause of Caecilianus and of any men whatsoever, only by those documents by which such matters are customarily either demonstrated or cleared. And in another hand. I have reviewed.

Montanus the bishop said: Why is this title being read? And in another hand: I, Montanus the bishop, have acknowledged, with appeal reserved. Marcellinus, a most distinguished man, tribune and notary, said: Neither title shall be inserted into the record. Martialis the clerk read aloud: To our Augusti, Anolinus, a most distinguished man, proconsul of Africa. The heavenly writings of your Majesty, having been received and reverenced, my devotion took care to make known to Caecilianus and those who act under him and who are called clergy, before the record of my humble office. And as he was reading,

Augustinus, bishop of the Catholic Church, said: If they doubt this, let the archives of the proconsul be sought. And in another hand: I have acknowledged. Marcellinus, a most distinguished man, tribune and notary, said: Since you have stated that the things being read are contained in the public archives, as the office had begun, it will be necessary to read everything again. Martialis the clerk read aloud from the earlier record: And she urged them that, unity having been achieved by the consent of all, they might be seen to be freed by the complete pardon of your Majesty, with the Catholic faith preserved, due reverence rendered to the sanctity of the law, and that they might serve divine things.

But after a few days there arose certain persons, having gathered a multitude of people with them, who thought that Caecilianus should be opposed, and who presented to my dedication a bundle sealed in leather and a libel without a seal, and urgently demanded that I direct them to the sacred and venerable court of your divine presence; which, with Caecilianus remaining in his present state, together with the attached records of the same, so that your Majesty might be able to discern all things, my humble office took care to forward. I transmitted two libels: one sealed in leather, thus: A libel of the Catholic Church concerning the crimes of Caecilianus, delivered by the party of Majorinus. Likewise another without a seal, attached to the same leather. Given on the seventeenth day before the Kalends of May at Carthage, in the consulship of our Lord Constantine Augustus for the third time. When this had been read,

Augustinus, bishop of the Catholic Church, said: Call no man your father on earth—we have heard this together, we have read it together, we proclaim it together to the peoples. Why do you ask of me whether I am a son of Caecilianus? If Caecilianus was innocent, let him rejoice in his innocence, with me rejoicing together with him, yet not placing my hope in his innocence. But if he was guilty—which perhaps the examination of the case will declare one way or the other—the Church which I hold endured him, that I may not depart from the Lord's parables, as chaff on the threshing floor, as goats in the same pastures, as bad fish in the same nets; yet on account of the bad we ought neither to abandon the Lord's threshing floor, nor to break the Lord's nets by the wicked spirit of dissension, nor to leap into the sea before the time of the shore. And in another hand: I have acknowledged.

Emeritus the bishop said: The scripture which the opposing party produced having been read, my colleague has noted by just prosecution that he who defends the cause in the judgment of Caecilianus ought to impose a name upon himself. But constrained by these knots, coming from the other side, he attempts to flee and slip away as if on some slippery ground; introducing two persons and twin actions into the judgment. For he says: If the person of Caecilianus can be destroyed on account of the charges brought against him, it will harm the Church nothing, since with the person of one man destroyed, she is seen to stand firm in the faith. What need is there, then, most excellent sir, to bring the cause of Caecilianus into the midst, if it harms them nothing, if it works nothing against them; or why is it defended or accused in judgment?

For since he says that neither does the guilt of that same man harm him, nor can any cloud or stain be fastened upon the Church, you see therefore that the name of Caecilianus has been brought into judgment superfluously, since he seems to be excused by this quasi-peremptory prescription, so that if he be guilty, he may appear to be a stranger to the Church; if innocent, as one purged and freed from the charges brought against him, he may appear to have stood well in his Church. Judge, most excellent sir, that they ought to hold to one position; if they defend the cause of Caecilianus, let them be proud and pursue those things which are brought forth in judgment against Caecilianus from the truth. But if they say that what Caecilianus did can in no way harm them, what need is there to bring the cause of Caecilianus into the midst, since it cannot harm them even if he were found most manifestly guilty in judgment.

And in another hand: I, Emeritus the bishop, have reviewed this, with my appeal preserved. Marcellinus, most distinguished man, tribune and notary, said: Let the opposing party be instructed in what is sought.

Augustine, bishop of the Catholic Church, said: They are accustomed to object the cause of Caecilianus or of his colleagues to the Catholic Church itself, or, to speak without controversy, to the Church itself which we hold. Therefore, as I see it, they wish to bring forward a great advantage. If they do not object this cause to the Church which we hold, let them say what they do object to her. For if nothing, why are we separated? If something besides the cause of Caecilianus, let them offer that very thing, let them show it. And in another hand: I have reviewed this.

Augustine, bishop of the Catholic Church, said: We are in the Church in which Caecilianus held the episcopate and died. We recite his name at the altar, we share in his memory, as in the memory of a brother, not as of a father or mother. But you ask me whence my communion takes its beginning. The Lord Christ himself declares the beginning of my communion, saying: It was necessary that Christ should suffer and rise from the dead on the third day, and that repentance and remission of sins should be preached in his name through all nations, beginning from Jerusalem. That preaching began from Jerusalem, thence it spread from that most illustrious beginning, spreading the Church which we hold; first through neighboring regions, then through distant ones, it came also into Africa. Upon her we open our eyes, her we find in the divine eloquences and testimonies just as the Lord Christ himself and our redeemer. From that God the Father, from that Church the mother, no crimes of any man, no calumnies shall separate me.

And in another hand: I have reviewed this.

Marcellinus, most distinguished man, tribune and notary, said: He has indicated by most open prosecution that Caecilianus is neither his father nor his mother. Augustine, bishop of the Catholic Church, said: Caecilianus is not my father. If he is good, he is my good brother; if he is bad, he is a bad brother. Nevertheless on account of the sacraments he is a brother, whether good or bad. And in another hand: I have reviewed this. Marcellinus, most distinguished man, tribune and notary, said: In order that it may be more carefully demonstrated that Caecilianus was neither his father nor his mother, the foregoing prosecution of the same is read again.

Augustine, bishop of the Catholic Church, said: Behold, I say it, and I will say it as many times as they wish: Caecilianus is not my father, because I hear my Lord saying: Call no man your father on earth; one is your Father, God. I call Caecilianus a brother—a good brother, if he is good; a bad brother, if he is bad—since on account of the sacraments we share he is my brother. But if you wish to hear my judgment concerning him, I even believe him innocent; I consider him to have been assailed with false accusations, yet as a man forming an opinion about a man, not as one believing something certain.

If you bring charges against the Church on account of the crimes of Caecilianus, I stand by, I defend him as a brother's cause, showing that they do not pertain to the Church, nor to her cause, nor do they prejudice her; and thus I demonstrate that you bring no charge against the Catholic Church, even if the crimes of Caecilianus should perhaps be true—which you will in no way be able to demonstrate. But if you shall not be able to demonstrate even those things to be true, you see, even by your own judgment, where you will be left, and what you ought to choose, once the animosity of error is at last cast aside, so that you may hold the truth with us; so that with us, with error condemned, you may embrace charity. And in another hand: I have reviewed this.

Petilianus, bishop, said: These are those very ambiguities with which he has run through from the beginning of this day, and yet he has never professed himself to hold one or the other, since he retains both with a great embrace, fearing to let go of either or to hold either. Let him at last say more plainly whether they hold Caecilianus in the place of a father, from whom this offspring has been derived. For no thing can be born without its generator, or begin without a head, or grow without its root. Your nobility therefore sees that it has repeatedly protested that it has no origin. If therefore it has no origin, he himself is rather the heretic who has no father, who condemned by his own judgment the one he held as father.

Let him therefore agree that if Caecilianus is established to be criminal, his crimes should attach to him; but if innocent, he must needs be the son of an innocent man; and likewise on the other side he must needs be the son of a criminal, if he is established to be criminal. And in another hand: I, bishop Petilianus, with my appeal preserved, have reviewed this.

Montanus, bishop, said: And what is it that the apostle Paul says: Even if you have ten thousand tutors in Christ, yet not many fathers. For through Christ I have begotten you through the Gospel.

Augustine, bishop of the Catholic Church, said: I have a head, but it is Christ, whose Apostle I hear saying: All things are yours, but you are Christ's, and Christ is God's. For even where the Apostle called himself a father, lest we should believe human weakness to be, as it were, the foundation of that fatherhood itself, he added: Through the Gospel I have begotten you. The seed, therefore, and the vein of my seed is drawn from the Gospel. For the sake of honor we call fathers those who have preceded us either in time or in merits. It is another matter when we ask whom we have as father unto faith, whom we have as father unto eternal salvation, unto retaining the Church, and unto receiving the promises of God. For that is a matter of honor, so that we say daily to old men, Father. Daily also we say to certain persons not established with us in one Church, nor in the same sacraments, Brother.

Lot also said to the Sodomites, Brothers, surely to soften their hostility, not to acknowledge a known brotherhood and, as it were, a sharing of one inheritance. Let these things therefore be set aside; let us distinguish the words that are owed to men for the sake of honor, and the word that we seek for the sake of salvation. For eternal salvation, with the Apostle's leave let me say it, nay, at the Apostle's command let me say it, the Apostle is not my father unto eternal salvation, who says to me: I planted, Apollos watered, but God gave the increase. So then neither he who plants is anything, nor he who waters, but God who gives the increase. Concerning this the Lord said: Do not call anyone father on earth. Surely He knew that the Apostle would say: Through the Gospel I have begotten you.

For when the Lord said: Do not call yourselves father on earth, the Apostle was not going to be contrary to Him by saying: Even if you have many fathers, through the Gospel I have begotten you. But because he distinguished for what purpose the Lord has established a father for us, and for what honor we could accept the apostle as father, he therefore spoke thus, so that his words would not be contrary to the Lord's truth. Whatever fathers therefore I acknowledge on earth, I acknowledge for the sake of honor. The father of my salvation I hold to be none but God, of whom the Lord said to me: Do not call anyone father on earth, and whom we daily address: Our Father who art in heaven. And in another hand. I have verified.

Fortunatianus, bishop of the Catholic Church, said: We do not sufficiently understand what the ordainer of each individual bishop has to do with the cause of truth. By divine testimonies God has been taught to be father. And in another hand. I have verified. Petilianus the bishop said: Let him who ordained him declare who he is called. And in another hand. Petilianus the bishop, with appeal intact, have verified. Alypius, bishop of the Catholic Church, said: Whom did he ordain? Many of us are present, many of us have taken up the assertion of the cause according to the tenor of the mandate. Let the opposing party set forth whose ordainer he seeks, or whom he seeks, so that we may see whether it is fitting to respond to these things. And in another hand. I have verified.

Adeodatus the bishop said: Augustine said these things. Let it be stated who ordained him. And in another hand. Adeodatus the bishop, with appeal preserved, have verified. Possidius, bishop of the Catholic Church, said: We have not just now taken up the defense of Augustine's cause, whatever sort he has. And while he was speaking (And in another hand. I have verified), Adeodatus the bishop said: This is the sign of a desperate cause, that when we demand one thing, another is answered; so that, since they cannot respond to the objections, they seek other things with which to weave obscurities. Let Augustine therefore state who ordained him. And in another hand. Augustine, bishop of the Catholic Church, said: I see that superfluous things are being asked. I have verified),

Augustine, bishop of the Catholic Church, said: I see that superfluous things are being asked by our brothers standing on the other side; and to those very superfluous things I do not deny a response, provided that the cause of the Church, to which nothing can be answered, be placed upon the most secure foundation. I, whose ordainer you seek, am a Christian man, faithful—which I say with God as my witness—Catholic. Whence we still debate who is worthy to be called by this name. I defend that Church, I assert it with whatever voice I have, in which whatever I shall be, that is the Church. I see where you are tending; you pursue human calumnies; and what you are accustomed to boast and say is not unknown to our ears or to our hearts. Megalius, primate of the Catholic Church of Numidia, ordained me, at the time when he was able to ordain me. Behold, I have answered. Proceed, bring forth what you have prepared. There too may you appear as a slanderer.

Behold, I have named my ordainer. Bring forth now your calumnies. And in another hand. I have verified.

Emeritus the bishop said: If there is no action against persons, why do they make mention of Caecilianus in the proceedings? For either they justly fear what they desire to excuse him from; or if a superfluous action brought against Caecilianus clears his conduct and purges his life, they ought to prove this very thing by legal testimonies. For we say, by many legal documents, that the vices of priests, their shameful conduct, and wicked manner of life always bring a stain or wrinkle upon the Church. For whence is it that the Apostle says: Having no spot nor wrinkle? And again: A bishop must be blameless? By many documents also the divine law is set forth, by which the unblemished life of a pastor ought to be approved by heavenly testimonies.

But lest by the length of my pleading I cause weariness to the hearing, or perhaps pass over what is pertinent to the case, since we have in hand the collected uniformity of the divine sacraments gathered from every side, let your authority order that very thing to be read out against their mandate, which they said they had written lawfully, so that after the assertion of our pleading and the reading of the document, or of the letters which we request to be reviewed in the proceedings, we may carry out in detail all things that pertain to our side. And in another hand: I, Emeritus the bishop, have acknowledged this, with my appeal preserved.

Montanus the bishop said: In the meantime, order it to be read out, and we will respond. And in another hand: I, Montanus the bishop, have acknowledged my pleading, with my appeal preserved. Marcellinus, most illustrious man, tribune and notary, said: Let them be read out. Romulus the clerk read: To Flavius Marcellinus, most illustrious and distinguished man, tribune and notary, Januarianus and the other bishops of the catholic truth, which suffers persecution, not which inflicts it. Because before the records of your nobility we have given mandate of defense to our brothers and colleagues. And while he was reading,

Emeritus the bishop said: They said that they had set down in their mandate all things that are lawful. These same lawful things we refute with legal writings. Nothing is outside the mandate. Rather, we ask that your excellency grant a hearing to this. And in another hand: I, Emeritus the bishop, have acknowledged this, with my appeal preserved. Marcellinus, most illustrious man, tribune and notary, said: I have not forbidden these things to be produced; but it would have been more proper that they be produced in the name of you who are present. Emeritus the bishop said: Since the action belongs to us, it makes no difference in the written mandate whether it be produced in our person or in that of those who gave the mandate, provided that you order this same thing to be read out.

Marcellinus, most illustrious man, tribune and notary, said: Let them be read out. For I seem to have interposed this, lest I should omit what was a matter of right. Romulus the clerk read: It is a great sign of a just judge, what he has granted to one party. And while he was reading,

Augustine, bishop of the catholic Church, said: Let them read it themselves. Let us grant to them what they themselves were unwilling to grant to us. Marcellinus, most illustrious man, tribune and notary, said: Let the ecclesiastical notaries read it again, so that what is established to have been offered by the venerable men may be designated more clearly. Possidius, bishop of the catholic Church, said: Let it be written that they themselves requested that the proceedings which they produce be read out by their own notaries. And in another hand: I have acknowledged this. Marcellinus, most illustrious man, tribune and notary, said: It makes no difference by whom they are read. Petilianus the bishop said: The doubt is not about the faithfulness of the office, but about the pronunciation. And in another hand: I, Petilianus the bishop, have acknowledged this.

Habetdeus the bishop said. To Flavius Marcellinus, most distinguished and eminent man, tribune and notary, Januarianus and the other bishops of the catholic truth, which suffers persecution, not which inflicts it. Because before the records of your nobility we have entrusted the defense to our brothers and colleagues, it is a great sign of a just judge that what he has granted to one party he should not deny to the other, lest he appear to favor one party and oppress the other. Which, in accordance with your prudence, you will both foresee from afar and, looking further ahead, take care to prevent, especially since you invite the peoples by edicts to judge from the balance of your hearing. Our adversaries therefore, those traitors and persecutors of ours, when they had thrust into the record their elaborated volume of their mandate, long conceived and set forth, you heard willingly, without prejudice to us indeed. That you grant the same to this our letter, we earnestly request.

Not that their depraved and perverse doctrine frightens us, but lest it be a burden to our defenders to contend against their lengthy book and against their arguments, when neither a whole day suffices for the case, nor voice nor lungs suffice for the defense, so that book may contend with book, and defense with defense. Wherefore we ask that this our letter be received and that you order it inserted, and then deign to hear the case. For our adversaries, having run through the testimonies by which the Church is spread everywhere to its own praise, first instruct their defenders to proceed against us, who defend the purity of the Church, in this manner: that they say the same Church has been foretold as destined to have within itself both good and evil mingled together until the end of the age. The cause of this matter we rather show to be that the Church of the Lord has been announced in the divine scriptures as holy and immaculate everywhere.

Through Isaiah: Arise, O Zion, put on your strength, O Jerusalem, holy city; the uncircumcised and the unclean shall pass through you no more. And again: Say to the daughter of Zion: Behold, your Savior comes, having his reward and his work before his face, and he shall call that people holy, redeemed by the Lord. But you shall be called the desired city, and not forsaken. And again: Be strengthened, you slack hands, and you feeble knees be strengthened. You who are faint-hearted, fear not. Our Lord will render judgment, and he himself will come and save us. Then the eyes of the blind shall be opened, and the ears of the deaf shall hear, the tongue of the mute shall be plain, and the lame shall leap like a deer: for water has burst forth in the desert, and a fountain in the thirsty land. And he added: There shall be a clean and holy way: and the unclean shall not pass through it, nor shall there be an unclean way there.

Even there shall be no lion, nor shall any evil beast come up upon it, nor shall they be found there, but the redeemed and the elect shall walk there. Concerning which it is written in the Song of Songs in the person of the Lord: You are wholly beautiful, my sister, and there is no blemish in you. Which the apostle Paul most openly demonstrated, saying: Christ loved the Church, and gave himself up for her, that he might sanctify her, cleansing her by the washing of water in the word, and presenting to himself a glorious Church not having spot or wrinkle, or any such thing, but holy and immaculate. And again: For I have betrothed you to one husband, to present a holy virgin to Christ.

These so many and so great testimonies concerning the purity of the Church, which was promised through the Spirit, being spurned and despised, they incompetently affirm by the likeness of the tares that the evil are to remain among the good in it until the end of the age, although the Lord himself interpreted that very likeness to his Apostles, saying: He who sows the good seed is the Son of man. But the field is this world, and the good seed are the children of the kingdom, but the tares are the children of the evil one, and the enemy who sows them is the devil; but the harvest is the end of the age, and the reapers are the angels. And the rest. The field, he says, is the world. Therefore it is not the Church, but the world, in which the good and the evil together are reserved until the harvest, that is, until the divine judgment. Because what has been interpreted by the Lord cannot be corrupted.

For if the apostles, companions of the Lord himself, had learned that tares, that is, children of the devil, springing up in the Church, were to be left in the communion of the saints, they would never have cast out from the thresholds of the Church Simon, Erastus, Philetus, Alexander, Demas, Hermogenes, and others like them. Indeed, if it were so, the whole proclamation of the divine scriptures would be void, by which the defiled are commanded to be separated from the midst of the saints by the diligence of priests, the Lord saying through Moses: It shall be, he says, an eternal statute throughout your generations, to distinguish between the holy and the profane, between the clean and the unclean. Which neglect elsewhere the Spirit rebukes in the person of priests, saying: Her priests have rejected my law, they profaned my holy things, they did not distinguish between the clean and the unclean, and they did not separate between the holy and the polluted.

To this parable our adversaries also add that the chaff ought to remain together with the grain in the Church. Which Jeremiah refutes, saying: What has the chaff to do with the grain? And the apostle Paul: What part has the faithful with the unbeliever, or what communion has light with darkness? And Solomon: If a wolf shall ever share with a lamb, so is a sinner with a just man. They also affirm that good and bad fish are contained and drawn together in one net until the shore, that is, the just and the unjust together until the end of the age, not observing that this was said concerning hidden offenders, since what the net placed in the sea contains is unknown to the fishermen, that is, to the priests, until it is drawn to the shore and the good or bad are revealed for separation.

So also those who are hidden and established in the Church, and unknown to the priests, when revealed in the divine judgment, are separated from the fellowship of the saints like bad fish, just as the Lord speaks in a figure in the Gospel concerning a hidden offender who had deceived the priests by stealth, saying: The king entering to see those reclining, saw there a man not having a wedding garment, and said to him: Friend, how did you come in here? But he was silent, and the king said to his servants: Bind him hand and foot, and cast him into the outer darkness: there shall be weeping and gnashing of teeth. According to this reasoning, therefore, they have said in vain that the good are not abandoned on account of the evil by a sacrilegious separation, but that the evil are tolerated on account of the good by a pious unity, since the Lord, indignant at this profane mingling, shows elsewhere that he is moved and provokes the greatest separation.

Because, he says, the whole house of Israel has become to me a mingling, all of them bronze, silver, iron, tin, and lead, mingled in the midst of a burning furnace, therefore he says. Thus says the Lord. Because you have all become one mingling, therefore I will receive you into the midst of Jerusalem. As bronze, silver, and iron, and tin and lead are received into the midst of the furnace, to be blown upon with fire so that it may be melted, so I will receive you in my anger, and I will burn you, and I will blow upon you with the breath of the fire of my wrath, and you shall be melted in the midst of it, and you shall know that I am the Lord, who have poured out my wrath upon you.

Against these and such things by which the Church of God is defended from the contamination of the mingled unclean, it is clear with what conscience the adversaries, patronizing errors, are unwilling that the evil be distinguished from the communion of the good. For they follow on with most open blasphemy, saying that the Church cannot be defiled by the sins of the evil, even the manifest, adducing examples of the prophets who, although they rebuked them for their sins, nevertheless did not separate themselves from them bodily, whereas we show that that time was far different, in which they were permitted to repeat baptism as often as they sinned. Yet even so the same prophets are found to have abstained from the communion of the evil, when Sophonias the prophet, who was sent to Jeroboam placed in schism, was commanded to accept neither bread nor water, and who, being entrapped and violating the commandment, was destroyed by a lion.

Elijah also and Elisha never communicated with or consented to the altars of the schism of Samaria, who rather dwelt in solitude. Hosea the prophet also is shown not to have participated in the mysteries of those whose sacrifices he detests and condemns, saying: Their sacrifices are like the bread of mourning. Everyone who touches of them shall be defiled (Osee IX). Amos finally, when he could have mingled with the mysteries of Samaria, of whom the false prophet thus stirs up hatred before the king, saying: Amos is making conspiracies against you in the midst of the house of Israel. The land cannot bear all his words, and for this reason moreover he is expelled. But indeed in Jerusalem itself, how could the prophets communicate in the sacrifices of sinful men, which they themselves, filled with the divine spirit, condemned, Isaiah saying: To what purpose is the multitude of your sacrifices to me? Says the Lord. I am full.

I desire not holocausts of rams, and the fat of lambs, and the blood of bulls and goats, nor come thus into my sight. For who has required these things at your hands? You shall tread my courts no more: if you bring fine flour, it is vain. Incense is an abomination to me. Your new moons, and sabbaths and great day I cannot endure. Fasting and feasts, and your festival days my soul hates. For you have become to me an abundance too great. I will spare your sins no more. When you stretch forth your hands, I will turn away my eyes from you: and if you multiply prayers, I will not hear you. For your hands are full of blood. And again: But the wicked man who sacrifices to me a calf, is as one who kills a dog; and he who offers fine flour, is as one who offers swine's blood; and he who offers incense in remembrance, is as a blasphemer.

Haggai also not only execrates the sacrifices but the sinful people themselves utterly, saying: So also is this people, and so is this nation: and if anyone shall approach there, he shall be defiled (Aggæ. II). And Malachi: O you priests who profane my name, and have said: In what have we profaned your name? And placing polluted bread upon my altar, and you said: In what have we polluted them? In that you said: The table of the Lord is blessed, and you have annulled what was placed upon it. And so in all the Prophets you will find that if they had communicated with those whom they condemned with such great voices, they would have incurred the crime of transgression. What therefore was among them was a matter of dwelling, not of communion.

Then in defense of their wickedness they take for themselves the authority of the example of Judas the traitor, saying that he was both foreknown and taken up by the Lord and, being known, was tolerated, whereas the Lord Christ, without prejudice to his foreknowledge, took Judas into the number of the apostles, and when he was known to himself, not to men, bore with him for this reason, by which he is seen to bear with the hidden even today. For it is written: The things that are hidden belong to me, but the things that are manifest belong to you and to your children. In the Psalms: Will not God inquire into this? For he himself knows the hidden things of the heart. In the Books of Kings: Man sees the face, but God sees the heart. And in the Apocalypse: And all the churches shall know that I am the searcher of reins and hearts.

Finally, when the Lord was reclining with his disciples and said: One of you will betray me, and the same Judas answered: Is it I, Lord? And heard from the same Lord, You have said it, seeing himself immediately detected, he departed in confusion, but afterwards came with the same crowd to betray the Lord. Let the enemies of the Lord's truth go therefore with their patron Judas, who labor after their manner to defend the most manifest guilty. Likewise in defense of their polluted mingling they object the words of the Apostle, in which he says: Whether by occasion or by truth, because they are children of fornication, for their mother has committed fornication, she who bore them has dishonored them. And in Isaiah: As a garment sprinkled with blood shall not be clean, so neither shall you be clean, because you have destroyed my land, and have slain my people: you shall not remain for an eternal time, you seed of wickedness.

Prepare your children to be slain for the sins of their father, that they may not rise up. And in the third book of Kings: And Solomon removed Abiathar from the priesthood of the Lord, that the word of the Lord might be fulfilled, which he spoke concerning the house of Eli in Shiloh. Now as to what they say, that the baptism of Christ is defended as being everywhere and among all, just as the Catholic Church itself is defended, this is excluded by the decrees of our most blessed holy martyrs with the brevity of a summary. But as to what the enemies of truth attack so incautiously, forgetting themselves, that baptism given outside among any thieves and robbers ought to be received, adducing an incompetent testimony for this matter from the apostle Paul, what is written: Who hold the truth of God in unrighteousness, in this place they wished to defend theft with a stolen testimony.

For the Apostle, treating of the gentiles and rebuking unbelievers, spoke thus, saying: For the wrath of God is revealed from heaven against all ungodliness and unrighteousness of men of those who hold the truth of God in unrighteousness; because that which is knowable of God is manifest among them. For God has manifested it to them. For the invisible things of him from the creation of the world, being understood through the things that are made, are clearly seen. His eternal power also and divinity, so that they are without excuse: because, having known God, they did not glorify him as God, or give thanks, but became vain in their thoughts, and their foolish heart was darkened. For professing themselves to be wise, they became fools, and changed the glory of the incorruptible God into the likeness of the image of corruptible man and of birds and of four-footed beasts and of serpents. Wherefore God gave them up to the desires of their heart unto uncleanness.

Whence according to this sense they profess to receive even the polluted mysteries of the gentiles. But they have followed on to heap up their error with most evident blasphemies, saying that those who reprobate the baptism of heretics can reprobate Christ, because demons confessed him. In this place they not only insult the decrees of the holy martyrs, but are rather prepared to mingle in communion with demons because they confessed Christ. But as to what they said with subtle brevity, that one who has been baptized outside ought to be received, not so that what is lacking may be present, but so that what is present may profit, they are shown to have deceived themselves in both respects. For all these things, as has been said above, are made void by the sentences of the holy martyrs. For how can it come about, if the Church is one and Christ is undivided, that one placed outside should obtain baptism?

But as to what they say is objected to them by us, Lay hands hastily on no man, neither be partaker of other men's sins, and as if responding they meet this by saying that men ought to be separated by conduct rather than by bodily separation, to this we prove by very many legal testimonies that men ought to be separated from the evil not only by conduct but also bodily. In Numbers: Depart from the tents of these most hardened men, and touch nothing of all that belongs to them, lest you perish together with them in all their sins. Likewise Isaiah: Depart, go out from there, and touch not the unclean: depart from the midst of them, you who carry the vessels of the Lord. Likewise the Apostle: For you are the temple of the living God. For he himself says: Because I will dwell in them, and walk among them, and I will be their God, and they shall be my people.

Wherefore depart from the midst of them and be separated, and touch not the unclean, and I will receive you, and I will be to you a father, and you shall be to me sons and daughters, says the Lord Almighty. But what manner of thing is this, that when we object to them the persecutions and monstrous cruelties by which they themselves and their forebears have afflicted and harassed us and our fathers for a hundred years or more without ceasing, they are not ashamed by this defense, saying that persecutions were inflicted by certain Maximianists of ours, whereas it is far different to have wished to recover civilly by usurped ecclesiastical and fellow-poor men's means, and to have compelled no one unwilling and against his will to our communion, and far different to exercise all evils cruelly throughout the whole Christian people with open fury.

For who does not know that these traitors and persecutors of ours, from the very beginning of their condemned betrayal, have supplicated the princes of this age with fabricated petitions for our destruction, and have constrained men to their communion against the precepts of God by threats and proscriptions? For to say nothing of how much Christian blood was shed through Leontius, Ursacius, Macarius, Paul, Taurinus, Romanus, and the other executioners whom they obtained from the princes of this age for the slaughter of the saints, when very many venerable priests were killed, others sent into exile, Christianity widely harassed, consecrated virginity violated, the wealthy proscribed, the poor despoiled, basilicas taken away, and priests driven into flight as fugitives, what great things they have committed in our own time no one is ignorant of.

They have inflicted exiles upon bishops, precipices upon fleeing Christians, they have oppressed peoples, plundered clergy, invaded basilicas, inflicted blows upon those unwilling to consent; finally in one town alone, Bagaï, the blood of many Christians was shed on their account, and not even so satisfied, they are content to cease to this day. Wherefore, since it would be superfluous to append testimonies from the divine scriptures, by which these crimes are forbidden, against the most bitter charges of their so great savagery, since such things are not permitted even by secular laws, it is sufficient that we have responded to their error, and have refuted by divine testimonies what they have answered superfluously. And in another hand. May the Lord preserve you unharmed, which we desire. I have read it.

Marcellinus, most illustrious man, tribune and notary, said: What has been read shall be attached to the present proceedings. And he added: And since patience has been shown in this matter, let those things which were offered some time ago be read aloud; and the party standing on the other side shall be compelled to respond to all of these.

Emeritus the bishop said: Let testimonies first be refuted by testimonies. Then one must come to those things which your sublimity shall have judged. And in another hand: I, Emeritus the bishop, have reviewed this, with the appeal preserved.

Augustine, bishop of the Catholic Church, said: Allow us, most sublime man, not to linger any longer on superfluous matters for the cause of the Church. And would that our brothers standing on the other side had produced this letter before all those dilatory speeches of theirs, so that we might already be doing something concerning the Church, about which the case turns. Your nobility therefore observes that in this letter there are inserted two kinds of objections or matters to which we ought to respond: one concerning the divine scriptures and the utterances of the holy law, the other concerning human accusations, which certain persons, I know not who, thought it better to bring forward with more malice than truth. To these two points we shall respond briefly, if the Lord shall assist, lest we return a lengthy speech for so great a length.

The question is concerning the Church: whether it was foretold that she would have the wicked mixed in until the end, or that she would have all good, all holy, and all spotless persons in this age, even at this time until the very end of the age. Both sets of testimonies are divine; and they certainly ought not to be contradictory, nor can they be at all, if they find an interpreter. That the Church is a threshing floor, I did not say. Not any one of us, but the Gospel speaks, where it is written that he will come who bears a winnowing fan in his hand and will cleanse his threshing floor, and will store the grain in the barn. And as he was speaking (And in another hand: I have reviewed this),

Emeritus the bishop said: He did not read "threshing floor." And in another hand: I, Emeritus the bishop, have reviewed this. Augustine, bishop of the Catholic Church, said: John said: He will cleanse his threshing floor, and will store the grain in the barn. And as he was speaking (And in another hand: I have reviewed this), Marcellinus, most illustrious man, tribune and notary, said: What he requests shall be read aloud.

Emeritus the bishop said: The Evangelist said this concerning hidden offenders, not concerning manifest ones, whom you wish to be mixed together with you. And in another hand: I, Petilianus the bishop, have reviewed this.

Augustine, bishop of the Catholic Church, said: Let our proceeding be counted as a response to their letter. It began to be read; no uproar was raised by us, no disturbance, no interruption. Let him permit me to finish what I began to say, and then let him respond. Why is not repaid to us what we paid in advance? Your nobility observes our patience when so long a letter was being recited. And as he was speaking (And in another hand: I have reviewed this), Emeritus the bishop said: He burdens us when he calls himself patient; and he ought not to pass judgment on himself, since another is the judge of him. And in another hand: I, Emeritus the bishop, have reviewed this.

Augustine, bishop of the Catholic Church, said: O if only you too were patient until I finish what I am pursuing! Therefore, as I had begun to say, the testimonies concerning the tares and the wheat are divine, which we have endeavored to understand. Nevertheless, concerning the nets they have at times confessed that the Church would have both the wicked and the good; but they said these were unknown to the priests, and therefore did not prejudice the good, since they were unrecognized. But I could show by whatever assertions of my modest ability that the truer understanding is that the Church has both the good and the wicked, namely tares and wheat, and that the world itself has been called by the name of the Church, since the Lord himself says: Not that he might judge the world, but that the world might be saved through him, since we know that the Lord saves none but the Church. And in another hand: I have reviewed this.

Emeritus the bishop said: The world knew thee not. Therefore the Church did not acknowledge God, if the world is the Church. And again he said: That the whole world may become guilty before God. And again he said: If you were of the world, the world would love what is its own; but now because you are not of the world, therefore the world hates and persecutes you. And again: They are of the world, and the world hearkens to them. And again: If anyone has loved the world, the love of the Father is not in him. And in another hand: I, Emeritus the bishop, have reviewed this, with the appeal preserved.

Augustine, bishop of the Catholic Church, said: All these things we too could say, and resolve as it were the objections first proposed against us. Therefore they interrupt without cause with this clamor, because from their own letters we could have done the same, so that it would not be read aloud. Let them hear patiently. Let them be admonished by your Highness to do what they ought to have done of their own accord. Let them hear patiently. The matter being treated by us is not a light one. We have undertaken today to respond, if God shall assist, to their lengthy letter. Nor do we ask that it be given to us so that we may consider it and afterward respond, as they themselves did with our mandate. Grant us some patience, by your well-being. And in another hand: I have reviewed it. Marcellinus, most distinguished man, tribune and notary, said: What is requested is just. It is certain that patience ought to be afforded to the continuation of the same.

Adeodatus, bishop, said: We are able to grant patience. And while he was speaking (And in another hand: I, bishop Adeodatus, have reviewed it), Augustine, bishop of the Catholic Church, said: When the letter was being read, we held it as though they themselves were presenting it. To their presentation we gave silence. I do not wish to say patience, because they make that a matter of reproach. Let them also give us silence. And in another hand: I have reviewed it. Adeodatus, bishop, said: We are able to grant patience; which indeed we do grant, if the things which the opposing party asserts have the firmest reason. For when the law is interpreted otherwise than it is, who would bear it, who would suffer prejudice to be brought in silence? And in another hand: I, bishop Adeodatus, have reviewed it. Vincentius, bishop of the Catholic Church, said: Keep for yourself what you may find fault with, if anything is contradicted.

Marcellinus, most distinguished man, tribune and notary, said: Let the promised patience be granted. Montanus, bishop, said: When all things are retained in the mind, if we do not respond to each point. And in another hand: I, bishop Montanus, have reviewed it. Marcellinus, most distinguished man, tribune and notary, said: It is established that the tenor of the entire letter has been heard with patience. It follows that you should deign to hear the responses to each point with patience.

Augustine, bishop of the Catholic Church, said: For this reason both those things were written down, and these are being recorded. If anything escapes memory, I too can request that it be read to me from the letter; and they too can give silence while it is read to them from the codices. Let us do something. So then, as I had begun to say, prompted by them, we find in the scriptures the name of world used in a bad sense, the name of world used in a good sense. For the name of world in a bad sense, as they themselves said: And the world knew him not. And: If anyone loves the world, the love of the Father is not in him, and the rest. But the name of world in a good sense: That the world may believe that thou hast sent me. For to believe is not the property of the wicked.

The name of world in a good sense: He came not to judge the world, but that the world might be saved through him. None shall be saved except the Church in the world. Since therefore the world is used both in a good sense and in a bad sense, whence comes this strife over the scriptures? If it lacks an interpreter, apply the light of understanding. See the world in a bad sense as all lovers of temporal things throughout all nations: see the world in a good sense as all the faithful who bear the hope of eternal life throughout all nations. God was in Christ, he says, reconciling the world to himself. If that detestable world, of which it was said that the love of Christ is not in him who loves the world, can be reconciled to God, let those who speak judge. Let your Nobility therefore hear patiently. I see that holy scripture has prefigured the Church through the good and evil mixed together, just as they themselves have already confessed concerning the nets.

And while he was speaking and there was clamoring, Alypius, bishop of the Catholic Church, said: Let it be written down that they are making a clamor.

Marcellinus, most distinguished man, tribune and notary, said: Let the acts record that they themselves are making a clamor. Alypius, bishop of the Catholic Church, said: Where is the promised patience, and what reciprocity is rendered? Let them declare in what manner they disagree. And in another hand: I have reviewed it.

Petilianus, bishop, said: What the world is, what the Church is, has been most plainly defined by the very author and maker of the world, through whom all things were made, and without whom nothing was made. For the Lord himself said: This world is a field. He could have said: The world is the Church. Who therefore among men dares to define what the world is, when the Lord himself, its maker and fashioner, has already deigned to define it? And in another hand: I, bishop Petilianus, have reviewed it.

Marcellinus, most distinguished man, tribune and notary, said: Show clearly what the world is, which is said to be saved.

Petilianus, bishop, said: Man is called the world, where he said, reconciling the world to himself, for God wished to reconcile to himself not beasts, but men. And in another hand: I, bishop Petilianus, have reviewed it.

Marcellinus, most illustrious man, tribune and notary, said: From all those who are called by the name of the world, do you say that the Church can consist, subsequently declared, or do you refuse?

Emeritus the bishop said: You are removing us from the manifest prescription. The Lord Christ says in the Gospel: The field is the world. And when he said: And with another hand. Emeritus the bishop: I have acknowledged. Marcellinus, most illustrious man, tribune and notary, said: Allow them, therefore, to respond to all that the text of the letter contains, and then I shall judge most fully concerning all things.

Hilarus the shorthand writer said: Since the parties have been pleading since daybreak, and we have filled two sets of records, if your excellency so commands, let other shorthand writers be substituted for us, so that we may go out to confer, with guards assigned to us. Vitalis, Notary of the Catholic Church, said: I also suggest what the shorthand writer standing before your nobility has suggested.

Marcellinus, most illustrious man, tribune and notary, said: Just as was also done in the previous session, let those who report that they have filled their tablets go out with guards, with others substituted in their place. And when this was done.

Augustine, bishop of the Catholic Church, said: The world, therefore—for it could not seem otherwise to us either—is understood in terms of human beings: we are surely not so foolish as to say that beasts also and whatever irrational living creatures pertain to the salvation which Christ promised. We say this plainly: The world lieth in wickedness: these are human beings. That the world may believe that thou hast sent me: these are human beings. Reconciling the world to himself: these are human beings, and the rest of the things said in an evil sense—those human beings, those human beings. For throughout the whole world both kinds, the evil mixed with the good. So also the Church, which they have confessed to have been declared by the name of the net to contain evil persons, but they said that sinners lie hidden—it is now established that it has both good and evil.

The question concerning lying hidden and not lying hidden is whether it pertained to the piety of the good to tolerate even known evil persons, lest they abandon the good, or whether they wished to abandon the whole on account of the evil, to those for whom some evil appeared in the Church. That is the question. This we prove. For we say that ecclesiastical discipline is indeed not to be neglected, and wherever evil persons have been exposed, they are to be coerced so that they may be corrected, not only by the word of correction, but also by excommunications and degradations, so that they may seek a humble place of salvation in the Church; this being done for their healing, not out of hatred, but out of zeal for fraternal salvation: as the Apostle himself also most evidently declares in a certain place, saying: If any man obey not our word by this epistle, note that man, and have no company with him.

Flavius Marcellinus, most illustrious man, tribune and notary, said: I would indeed wish—as I now desire with every intention of my vows—that as great a rejoicing as has arisen from the demonstration of truth and the at-last-exposed error, so great a congratulation might be born from the conversion of ancient superstition and a changed opinion for the better. For who would doubt that great joys arise when unexpected healing comes to a long-standing sickness; and in such cases the cause of exultation is made greater by health restored than by health always retained.

But because the obstinacy of ruined minds, which the bonds of perverse persuasion had bound together, either pretends not to return to the way of salvation that has been shown, or—what is worse—shrinks back through shamelessness, the sentence of the laws must now be drawn forth and exercised, so that those whom milder remedies, after the truth has been openly set before them face to face, do not recall to good health, may be recalled by a sharper application of restored treatment.

For to whom would not the nearest reason—as the series of the proceedings set out below demonstrates, as the examples inserted from the divine volumes also attest—make it plainly clear that the guilt of another's crime, even if it could have been proved, could in no way make another person guilty, and that the state of the universal Church ought not to be overturned by the accusation against Caecilianus, against whom nothing reprehensible could be established, nor could a sentence passed even by those who had separated themselves from the body of the Church have been able to prevail as a prejudgment against him, just as the condemnation pronounced in absentia against Primianus by the Maximianists in recent times could not prevail to harm him?

And would not also this suffice in every part as a cause for correction: the proof of the schism, with Donatus as its author, laid open by so many judgments; the acquittal and clearing of Caecilianus; and the final sentence of Constantine of triumphant memory, by which the innocence of Caecilianus and the calumnious accusation of Donatus and his associates are more evidently taught and expressed; and likewise the clearing of Felix of Aptungi, his ordainer, shown by the documents of the proconsular sentence? Wherefore if these things, so perspicuous and manifest, cannot heal the long-standing disease, the corruption of the festering wound must be suppressed; so that, with freedom cut off, he may begin to harm only himself, since this is what he rather chooses. For by these means it will come about that he will at some point wish to be healed. Let detected falsehood therefore bow its neck to declared truth.

Wherefore I admonish all men of rank, also lords of estates, agents, tenants of both the imperial household and of private possessions, and the elders of all localities, by the authority of this edict, that, mindful of the laws, their dignities, their reputation, and their own safety, they strive to prohibit the conventicles of the Donatists in all cities and places, so that they hasten without any delay to hand over to the Catholics the churches which it is established were granted to them by my indulgence, without an imperial precept, up to the day of the sentence; lest they prefer to be ensnared in the toils of so many sanctions—which churches, if they shall have wished to consent to Catholic unity, it is sufficiently certain are theirs. Moreover, with greater cause and diligence, after unity has been detected in every way and superstition convicted, they ought to be driven away from the pursuit of their own crime.

But those who, after the prohibitions of the laws, shall have mingled themselves in their assemblies, let them understand without doubt that they can no longer avoid the punishment established by imperial decision, since it is sufficiently clear that they, in the foremost place after acknowledgment of the Catholic law, have returned to their profane assemblies and communion. That this might not happen before, I had deferred it in part only out of consideration for patience and hope of correction. Let it suffice, therefore, that the enemies of the Christian faith have thus far insulted the laws, especially since their persons are known to be notorious. What need is there to be subjected to the bonds of so many sanctions, since no amendment has followed?

But let the Donatists know that the sentence of the Catholic bishops remains even after the victory of truth, so that, with the conferences completed—which it is retained in public knowledge were offered to them even before, and which it is now sufficiently certain are offered without doubt—they may know that they can be received. Moreover, it is certain that the pledge of the earlier edict is preserved in all things. Wherefore each bishop of the communion of Donatus ought to return to his own places without any disturbance or molestation; so that, established in his own place, he may either return to the one true Church, or may not delay without dissimulation to satisfy the laws. But those who know that they have bands of Circumcellions on their estates should know that, unless they eagerly strive to repress and restrain their insolence in every way, those places especially are to be occupied forthwith by the treasury.

For in this matter provision is made both for the Catholic law and for public peace, that their madness may be quieted. Moreover, the re-reading of the proceedings, by which it is shown that the above-mentioned error of the schism originated with the Donatists, and that Caecilianus and the others whom they had wrongfully believed should be accused were cleared, will be able to instruct your holiness most fully. Let it be posted. (Given at Carthage) after the consulship of Varanes, most illustrious man, on the sixth day before the Kalends of July.