Monumenta Vetera Ad Donatistarum Historiam Pertinentia [Libertas. J]

Monumenta Vetera () Pertaining to the History of the Donatists, from the Liberty Restored to Them by Julian to the Extinction of the Schism. In the Year of the Lord 362. I. Rescript of the Emperor Julian In Favor of the Donatists. (From Augustine, Against the Letters of Petilian, Book II, Chapter 97.) This also, at the supplication of Rogatianus, Pontius, Cassianus, and the other bishops, as well as the clerics, is added to the accumulation: that everything which was improperly done against them without a rescript be annulled, and all things be restored to their former state. In the supplicatory libellus, whose author was Pontius, they said to Julian that with him only justice held sway. In the Year of the Lord 373. II. Constitution of Valentinian the Elder Concerning Those Who Rebaptize. (From the Theodosian Code, Book 16, Title 6: That Holy Baptism Not Be Repeated. Law 1.) The Emperors Valentinian and Valens, Augusti, to Julian, Proconsul of Africa. We judge that a bishop who has doubled the sanctity of baptism by an unlawful usurpation, and has contaminated that grace by repeating it contrary to the institutions of all, is unworthy of the priesthood. Given on the Kalends of March at Trier, in the consulship of Valentinian and Valens, both for the fourth time as Augusti.

In the Year of the Lord 377. III. Constitution of the Emperor Gratian Against Those Who Rebaptize. (From the Theodosian Code, Book XVI, Title VI. That Holy Baptism Not Be Repeated. Law 2.) The Emperors Valens, Gratian, and Valentinian, Augusti, to Flavianus, Vicar of Africa. We condemn the error of those who, trampling upon the precepts of the apostles, having received the sacraments of the Christian name, do not purify but defile themselves by another baptism, polluting it under the name of a washing. Therefore, your authority shall command them to desist from their wretched errors, the churches which they retain against the faith being restored to the Catholic Church. For those institutions are to be followed which have approved the Apostolic faith without any change of baptism. For we wish nothing else to be commanded than what the faith of the Gospel and the apostles and the uncorrupted tradition have preserved: just as also by divine law the decrees of our parents, Constantine, Constantius, and Valentinian, were established. But many, expelled from the churches, nevertheless rage with hidden fury, unlawfully frequenting places of great houses or estates: whom fiscal confiscation will seize, if they have provided secret places for a doctrine that requires expiation: so that our sanction diminishes nothing from that tenor which had been established by the command formerly given to Nitentius. But if they love their error, let them, alone, in their own homes and domestic secrecy, cherish men of impious discipline. Given on the sixteenth day before the Kalends of November, in the fourth consulship of Gratian Augustus and the consulship of Merobaudes.

In the Year of the Lord 593. IV. DECREE OF THE COUNCIL OF HIPPO CONCERNING DONATIST CLERICS BEING RECEIVED INTO THE NUMBER OF THE LAITY, Recited in the Council of Carthage of the Year 397. It was also pleasing that, since in preceding councils it was established that no one of the Donatists be received by us with his own rank, but in the number of the laity, on account of the salvation which is to be denied to no one (yet the Churches in Africa suffer such a lack of clerics to be ordained that certain places are altogether deserted), the rule in these matters which was already previously believed (or handed down) is indeed to be preserved; but excepting those whom it is established have not rebaptized, or who with their congregations have wished to cross over to the Catholic communion. For it is written thus, that if two Christians agree, whatever they shall ask for they shall obtain (Matthew 18). It ought not to be doubted that, with the scandal of dissension of the whole people removed, by the compensation of invited peace and the sacrifice of charity, those things are abolished which, following the authority of their predecessors, they committed by the repetition of baptism. But it was pleasing that this matter not be confirmed before the transmarine Church is consulted concerning it.

In the Year of the Lord 393. V. Letter of the Council of Cabarsussi Held by the Donatist Maximianists Against Primianus the Donatist of Carthage. (Published from Augustine on Psalm 36.) To the most holy brothers and colleagues established throughout all Africa, that is, throughout the Proconsular Province, Numidia, Mauretania, Byzacena, and Tripoli, and also to the presbyters, deacons, and all the peoples who fight alongside us in the truth of the Gospel, Victorinus, Fortunatus, and Victorianus, Migginus, Saturninus, Constantius, Candorius, Innocentius, Cresconius, Florentius, Salvius, another Salvius, Donatus, Geminius, Praetextatus (bishop of Assura), Maximianus, Theodorus, Anastasius, Donatianus, Donatus, another Donatus, Pomponius, Pancratius, Januarius, Secundinus, Paschasius, Cresconius, Rogatianus, another Malimianus, Benenatus, Gaianus, Victorinus, Guntasius, Quintasius, Felicianus, Salvius, Migginus, Proculus, Latinus, and the rest who were at the Council at Cabarsussi, send eternal greeting in the Lord.

No one is unaware, most beloved brothers, that concerning the priests of the Lord, it is not by their own will, but by the impulse of divine law, that they both pronounce sentence against the guilty and justly and deservedly remove a penalty inflicted upon the innocent. For whoever either spares the guilty or attempts to condemn the innocent will incur no light danger, especially since it is written: "You shall not kill the innocent and the just," and "You shall not purge the guilty by purgation." Admonished, therefore, by this edict of the law, it was necessary for us to hear and examine the case of Primianus, whom the holy people of the Carthaginian Church had chosen as bishop for the fold of God, at the request of the letters of the elders of that same Church, so that, with everything explained, we might either clear the innocent—which would have been desirable—or certainly show the guilty to have been condemned by his own merits. For it was most desirable to us that the holy people of the Carthaginian Church rejoice that they had been elevated by a bishop who was holy in all things and blameless in nothing. For this reason, indeed, a priest of the Lord ought to be such that, if the people are unable to obtain anything for themselves before God, he himself may deserve to obtain for the people what he has requested, because it is written: "If the people sin, the priest will pray for him; but if the priest sins, who will pray for him?

The scandals, therefore, of Primianus, and his singular wickedness, provoked divine judgment against him in such a way that it was necessary to cut off completely the author of these crimes: who, recently ordained, driving the presbyters of the aforementioned people to a conspiracy of impious plotting, demanded from them, as if by a right of request, that they consent and immediately promise to accommodate him in condemning four deacons, distinguished men approved for their singular merits, namely Maximianus, Rogatianus, Donatus, and also Salgamus. Stunned by this evil presumption, they rejected the matter in silence; he did not hesitate to carry out the crime he had conceived by himself, to the point that he thought a sentence should be pronounced against the deacon Maximianus, a man, as is known to all, innocent, without cause, without accuser, without witness, absent and lying in bed, he who had already condemned clerics with a similar madness.

For when he joined incestuous persons to the holy communion, contrary to the law and decrees of all priests, and when, with the greater part of the people opposing, he was even summoned by letters of the most noble elders to correct what he had admitted, he, possessed by his own temerity, scorned to amend. Therefore, moved by these things, the elders of the aforementioned church sent letters and legates to the whole choir, with whom they entreated, not without tears, that we might come to them more eagerly, so that, after the accusations had been examined with a careful balance, the reputation of the Church might be cleared. Then, when we came to this place according to the letters of the aforementioned men, he, growing hot with his own known reasoning, utterly avoided our arrival. He, recalcitrant with a rebellious spirit throughout, persisted in evil, so that, having hired a multitude of lost men and having obtained the services of officials, they blockaded the doors of the basilicas, to deny us the ability to enter and to perform the solemn rites. If it befits a bishop to do this, if it is lawful for Christians to permit this, if the Gospels testify to this, then let anyone who is a lover or an assertor of the truth judge or decide. For this, which a stranger would never do, a brother, once close, inflicted upon us.

We have decreed that this same Primianus, all priests of God, with the Holy Spirit present, is perpetually condemned from the priestly choir: first, because he substituted others over living bishops; because he mixed incestuous persons with the communion of the saints; because he attempted to compel presbyters to enter into a conspiracy; because he had Fortunatus, a presbyter, thrown into a sewer when he had assisted the sick with baptism; because he denied communion to Demetrius, a presbyter, in order to force him to disinherit his son; because the same presbyter was rebuked for having received bishops as guests; because the aforementioned Primianus sent a multitude which overturned the homes of Christians; because bishops and clerics were besieged and afterwards stoned by his henchmen; because elders were beaten in the basilica for bearing indignantly that Claudianists were admitted to communion; because he thought innocent clerics should be condemned; because he refused to present himself to be heard by us, having blocked us from entering the doors of the basilicas with a crowd and an official retinue; because he insultingly rejected legates sent to him by us; because he usurped many places, first by force, then by judicial authority; besides other unlawful acts of his, which for the propriety of our style we have passed over in silence, so that, with him flattered, the Church of God may not be stained either by contagion or by any crime.

That which the Apostle Paul himself exhorts and admonishes: We have commanded you, brothers, in the name of our Lord Jesus Christ, to depart from every brother who walks disorderly: and therefore, not unmindful of the purity of the Church, we have deemed it expedient to admonish all holy fellow priests, and all clerics, and all peoples who remember themselves to be Christians, by this our tractoria, that they may with diligent care abhor the communion of him who is condemned. For he himself will render an account of his own destruction, who, by not hearing this our decree, attempts to violate it. It has certainly pleased us and the Holy Spirit that time be reserved for the slow to convert, under the condition that any fellow priests or clerics unmindful of their own salvation, from the day of the condemnation of the aforementioned Primianus, that is from the eighth day before the Kalends of July, until the eighth day before the Kalends of January, have not withdrawn from the communion of the condemned Primianus, they shall be bound by such a sentence. Likewise, laymen, unless they have separated from his fellowship from the aforementioned day of his condemnation within the day of the next Easter, cannot be restored to the Church except through penance, if indeed they remember.

Victorinus, bishop of Munaciana, have subscribed. Fortunatus, bishop of Dionysiana, have subscribed. Victorianus, bishop of Carcabiana, have subscribed. Florentius, bishop from Adrumetum, have subscribed. Migginus, bishop from Elephantaria, have subscribed. Innocentius, bishop of Thebaltis, have subscribed. Miggin, on behalf of my colleague Salvius, bishop of Membressa, have subscribed. Salvius, bishop of Ausafa, have subscribed. Donatus, bishop of Sabrata, have subscribed. Gemelius, bishop from Tambeae, have subscribed. Pratextatus, bishop of Assuris, have subscribed. Maximianus, bishop of Stabata, have subscribed. Datianus, bishop of Camiceta, have subscribed. Donatus, bishop of Fisciana, have subscribed. Theodorus, bishop of Usula, have subscribed. Victorianus, on behalf of my colleague Agnosius, bishop, have subscribed. Donatus, bishop of Cebriseta, have subscribed. Natalicus, bishop of Thela, have subscribed. Pomponius, bishop of Macriana, have subscribed. Pancratius, bishop of Baliana, have subscribed. Januarius, bishop of Aquae, have subscribed. Secundus, bishop of Jocundiana, have subscribed. Pascasius, bishop from Vicus Augusti, have subscribed. Cresconius, bishop of Taciana, have subscribed. Rogatianus, bishop, have subscribed. Maximianus, bishop of Enimmina, have subscribed. Benenatus, bishop of Tugutia, have subscribed. Ritanus, bishop, have subscribed. Gaianus, bishop of Tiguala, have subscribed. Victorinus, bishop of Leptimagnis, have subscribed. Guntasius, bishop of Benefa, have subscribed.

Quintasius, bishop of Capsa, have subscribed. Felicianus, bishop of Musti, have subscribed. Victorianus, by delegation of bishop Migginus, have subscribed. Latinus, bishop of Mugia, have subscribed. Proculus, bishop of Girba, have subscribed. I, Donatus, bishop of Sabratha, have subscribed for my brother and colleague Marratius. Proculus, bishop of Girba, have subscribed for my colleague Gallio. Secundianus, bishop of Prisiana, have subscribed. Helpidius, bishop of Tusdrita, have subscribed. Donatus, bishop of Samurdata, have subscribed. Getulicus, bishop of Victoria, have subscribed. Annibonius, bishop of Rabanta, have subscribed. Likewise Annibonius, asked by my colleague Augendus, bishop of Arens, have subscribed. Tertullus, bishop of Abita, have subscribed. Primulianus, bishop, have subscribed. Secundianus, bishop of Aurisiliana, have subscribed. Maximus, bishop of Pitana, have subscribed. Crescentianus, bishop of Murra, have subscribed. Donatus, bishop of Belinia, have subscribed. Perseverantius, bishop of Theveste, have subscribed. Faustinus, bishop of Bina, have subscribed. Victor, bishop of Altiburitum, have subscribed. All, fifty-three in number.

In the year of the Lord 394. VI. THE SENTENCE OF THE COUNCIL OF BAGAIA, HELD BY THREE HUNDRED AND TEN DONATIST BISHOPS UNDER PRIMIANUS, PRONOUNCED AGAINST MAXIMIANUS AND HIS ORDAINERS AND ASSOCIATES. (Collected from various passages of Augustine.) With the will of almighty God and of His Christ our Saviour, coming from all the provinces of Africa, we held a council in the holy church of Bagaia: Gamalius, Primianus, Pontius, Secundinus, Januarius, Saturninus, Felix, Pegasius, Rulinus, Fortunius, Crispinus, Florentius, Optatus, Donatus, Donatianus, and the rest, three hundred and ten in number: It pleased the Holy Spirit, who is in us, to establish perpetual peace and to cut off sacrilegious schisms (Book IV against Cresconius, chapter 10). Indeed, the desired brotherhood of peace and concord is joined, as it is written: Justice and peace have kissed each other (Ibid., chapter 16). For although the noxious offspring of viperous seed long lay hidden in the channel of a poisoned womb, and the moist coagulations of conceived crime slowly vaporized into the limbs of asps in the tepid heat; yet the conceived poison could not be concealed, the shadowy covering fading away: for, though late, the public crime and their own parricide were brought forth by the fecund vows of wickedness. Which was foretold: She gave birth to injustice, conceived sorrow, and bore iniquity. But since a clear sky now shines from the cloud, and the forest of crimes is not confused, when the names are designated for punishment.

Indulgences had been granted before this: while we are drawing the line of clemency, the case finds those whom it may punish (Book of the Proceedings with Emeritus 207 and Book IV Against Cresconius, chapter 51, Book II Against Parmenian, chapter 3). But the truthful wave has cast the shipwrecked limbs of some upon rough rocks, and after the manner of the Egyptians, by way of example, the shores are full of the corpses of the perishing: for whom there is a greater punishment even in death itself, because after the avenging waters have wrung out their soul, they do not even find burial (Book IV Against Cresconius, chapter 16). Let us speak, dearest brothers, of the causes of schism: because we can no longer remain silent about persons. Mammianus, my rival, the adulterer of truth, the enemy of Mother Church, the minister of Dathan, Core, and Abiron, the thunderbolt of the sentence has cast out from the bosom of peace: and that the gaping earth has not yet swallowed him up, it has reserved him for a greater punishment above. For a swift death would have gained him the profit of his penalty; now he collects heavier usury of interest, when he lives with interest among the dead (Book of the Proceedings with Emeritus).

Not only does a just death condemn this man for his crime. The chain of sacrilege also drags many others into the fellowship of the crime, concerning whom it is written: The venom of asps is under their lips, whose mouth is full of curse and bitterness, their feet are swift to shed blood; destruction and unhappiness are in their ways, and they have not known the way of peace: the fear of God does not go before their eyes. Indeed, we would not wish anyone to be cut off from the joint of his own body; but since the pestilential putrefaction of a festering wound has more comfort in amputation than in the remission of medicine; a more healthful course has been found, lest the pestilent poison creep through all the members, so that the wound, once born, may fall away with a brief pain (same book). Therefore, know that the guilty of the infamous crime—Victorianus of Carcabiana, Martianus of Sullectum, Beianus of Baiana, Salvius of Ausapha, Theodorus of Usula, Donatus of Sabrata, Miggen of Elephantaria, Praetextatus of Assura, Salvius of Membressa, Valerius of Melzi, Felicianus of Musti, and Martialis of Pertusa—who, with a deadly work, glued together the sordid vessel of perdition with collected filth (Book III Against Cresconius, chapter 53); but also certain clerics of the Church of Carthage, who, while they took part in an unlawful crime, provided pimping for incest, have been condemned by the judgment of the presiding God; by the truthful mouth of the universal council.

We have permitted those whom the shoots of sacrilege did not pollute in their plantings—that is, those who, from the head of Maximianus, drew back their own hands with the chaste modesty of faith—to return to Mother Church (from the Gesta cum Emerito). Nevertheless, it pleased the council's decree that a period of delay be granted, within which, if anyone wished to be corrected, he would be considered innocent (Book IV against Cresconius, chapter 34). As much as we are cleansed by the death of the guilty, so much do we rejoice in the return of the innocent (same book, chapter 35). And lest the narrow time for those returning withdraw the hope of salvation through the pressure of a constrained day, we open the door of recognition to all who are aware, however far they may remain, by the preceding statutes, up to the eighth day before the Kalends of January next coming, so that those who return may have the foundations of complete honor and faith. But if anyone is unable to enter through sluggish idleness, let him know that the way to all venial approaches has been removed by his own will. For the pronounced sentence will remain around them, and fixed penance for those returning after the appointed day (Book IV against Cresconius, chapter 4).

Given at Bagai in Numidia on the eighth day before the Kalends of May, after the third consulship of the Emperor Theodosius Augustus, in the consulship of the Augusti Arcadius for the third time and Honorius for the second time (Against Cresconius, Book III, chapter 56, and Book IV, chapter 39). 310 bishops were present. In the year of the Lord 395. VII. THE SUPPLIANT LIBEL OF PEREGRINUS, PRESBYTER, AND THE ELDERS OF THE CHURCH OF MUSTI IN THE REGION OF THE PRIMIANISTS, Against the Maximianists. (From Augustine, Against Cresconius, Book IV, chapter 1.) After the consulship of the Lords Arcadius for the third time and Honorius for the second time, Augusti, on the sixth day before the Nones of March, at Carthage in the secretarium of the praetorium, Titianus said: "Peregrinus, presbyter, and the elders of the Church of Musti in that region pursue the following desire. When the man of venerable memory, Donatus, asserted the sanctity of the Catholic Church against the error of faithlessness, the observance of nearly the whole world grew and coalesced into his name and cult. But when the venom of a certain Maximianus polluted the praiseworthy and admirable purpose of that religion, a gathering of many bishops, assembled by God's inspiration into one, condemned the man, or rather the pestilence, which displeased the heavenly majesty, even by the proper coercion of a pure mind.

He also restrained those whom the error of another's presumption had drawn away, by setting before them a first harbor of repentance, if they wished to return within the prescribed time to the path of religion, with a warning of equal severity. But iniquity delights in its own practices and does not abandon itself once it has been precipitated and fallen. For the same Maximianus nurtures the audacity he has begun and joins others to himself in madness. Among these is also a certain Felicianus, who, though at first he followed the right path, was tainted by the defilement of this corruption, and, stationed in the city of Musti, believed that walls consecrated to almighty God and the venerable Church were to be retained as if by some siege. This man is also imitated by Praetextatus in the region of Assura. But when the partnership of the priests became known to the authority of your equity, you ordered, as the records testify, that, with all effect of contradiction expelled, the churches, reclaimed from profane minds, ought to be restored to the most holy priests.

In the year of the Lord 397. VIII. Decree of the Council of Carthage concerning Infants Baptized by the Donatists. Canon 48. Concerning the Donatists, it was decided that we should consult our brothers and fellow priests Siricius (the Roman bishop) and Simplicianus (of Milan), regarding only those infants who are baptized among them, lest, when they have been converted to the Church of God with a salutary purpose, the error of their parents should hinder them, who did not act by their own judgment, from being promoted as ministers of the sacred altar. In the year of the Lord 398. IX. Constitution of Theodosius the Elder against Heretics, Decreeing a monetary fine, to which it was later declared by a rescript of Arcadius and Honorius that the Donatists themselves, along with other heretics, were subject (from Book III against Cresconius, n.; and Letter 185, n. 25). Emperors Theodosius and Arcadius, Augusti, to Tatianus, Praetorian Prefect. We decree that whoever is found to have ordained clerics or to have undertaken the office of cleric in heretical errors shall be fined ten pounds of gold per person. Moreover, the place in which forbidden acts are attempted, if it has been exposed by the connivance of the owner, shall be added to the resources of our treasury. But if it is established that the owner was ignorant of what was done (since it was done secretly), we order that the tenant of that estate, if he is freeborn, shall pay ten pounds of gold to our treasury; if he is of servile descent, and his poverty and lowliness make him disregard the penalty of loss, he shall be punished by beating with clubs and sentenced to deportation.

Then we specifically provide that if it is an estate belonging to the Lord, or of any public right, and the tenant or manager has given permission for gathering, they shall be fined ten pounds of gold, with the proposed penalty. But if it is already reported that any persons have been found to comply with such mysteries and to usurp for themselves the names of clerics, we order that each of them be required to pay and deliver ten pounds of gold. Given on the seventeenth day before the Kalends of July, at Constantinople, in the consulship of Arcadius for the third time and Rufinus. In the year of the Lord 398. The Law of Honorius Against Those Who Rush into Churches. (From the Theodosian Code, Book XVI, Title II, On Bishops, Churches, and Clerics, Law 31.) The Emperors Arcadius and Honorius, Augusti, to Theodorus, Praetorian Prefect. If anyone should break forth into this kind of sacrilege, so that, rushing into Catholic churches, he brings any injury to the priests and ministers, or to the worship itself and the place, what is done shall be brought to the notice of the authorities by the letters of the orders, magistrates, and curators, and by the reports of the attendants, whom they call Stationarii, so that the names of those who could be identified may be declared: and, if it is said to have been committed by a multitude, if not all, yet some can be identified, by whose confession the names of their associates may be published. And thus the governor of the province shall know that the injury to the priests and ministers of the Catholic Church, to the place itself, and to the divine worship, is to be avenged by a capital sentence against the convicted or confessed guilty parties.

Nor should he expect that the bishop demand vengeance for his own injury, to whom sanctity has left only the glory of forgiving. And let it be not only free but also praiseworthy for all to pursue atrocious injuries done to priests or ministers as a public crime, and to merit vengeance against such defendants. But if a violent multitude cannot be brought to justice by the execution of the civil apparitors and the assistance of the orders or possessors, because it defends itself by arms or the difficulty of the terrain, the African judges shall request the protection of the armed apparitors, by sending a letter to the vir spectabilis, the Count of Africa, with the text of this law prefixed, so that the defendants of such crimes may not escape. Given on the seventh day before the Kalends of May, at Mediolanum, in the consulship of Honorius for the third time and Eutychianus. In the Year of the Lord 400. XI. THE LAW OF HONORIUS CONCERNING THE RESCRIPT WHICH THE DONATISTS OBTAINED FROM JULIAN. (From the Theodosian Code, Book XVI, Title V, On Heretics, Law 37.) The Emperors Arcadius and Honorius, Augusti, to Hadrian, Praetorian Prefect.

A rescript, which the Donatists are said to have obtained from Julian, then Emperor, we wish to have prefixed, with a posted notice, in the most celebrated places, and the acts, in which an allegation of this kind is inserted, to be subjoined: so that it may become known to all, both the established constancy of Catholic confidence and the defended perfidy of the Donatists' despair. Given on the fifth day before the Kalends of March, at Ravenna, in the consulship of Stilicho and Aurelian. In the year of the Lord 401. XII. THE EMBASSY OF THE CARTHAGINIAN COUNCIL TO CONSULT ANASTASIUS AND VENERIUS CONCERNING THE LITTLE ONES BAPTIZED AMONG THE DONATISTS, So that they may be able to be ordained as clerics in the Catholic Church. After the consulship of Flavius Stilicho, a man of clarissimus rank, on the fourteenth (or sixteenth) day before the Kalends of July, at Carthage, in the secretarium of the Basilica of Restituta, when Aurelius the bishop had sat down together with his bishops, with deacons standing by, Aurelius the bishop said: "The necessities of the churches of God established throughout Africa, my most holy brothers, your charity knows very well.

And since the Lord has granted that, in some part, the judgment of your holy assembly has been gathered, it seems to me that we should bring forward these same necessities, which we have been able to investigate out of our concern; and when your sincerity has approved them, it will follow that one priest from our number should be chosen, who, with the Lord's help and your prayers, can take up these very necessities and diligently carry them out, setting out for the transmarine parts of Italy, so that he may be able to make known this necessity, grief, and our poverty both to our holy brothers and fellow priests, the venerable holy brother Anastasius, bishop of the apostolic see, and also to the holy brother Venerius, priest of the Church of Milan (if this had been approved by these sees); so that they may know that provision must be made for the common danger, especially because there is such a great shortage of clergy, and many churches are so deserted that not even a single deacon, even an illiterate one, can be found to be had. For I think silence should be kept about the other higher grades and offices, because, as I have said, if the ministry of a deacon is not easily found, it is most certain that those of higher honors cannot be found. And we no longer endure the daily lamentations of various nearly dead congregations; unless help is given to them at some point, the ruin and destruction of countless souls, which is unspeakable, will remain with us before God.

Since your unanimity recognizes with me that it was established in the earlier council (Conc. Afric. can. Cod. can. Eccles. Afr. can. 57) that those who were baptized as little ones among the Donatists, not yet able to understand the destruction of their errors, and afterwards, when they reached the age capable of reason, having recognized the truth and abhorring their falsehood, were received into the Catholic Church of God spread throughout the whole world, according to the ancient order by the imposition of hands—that for such persons, the name of error ought not to impede the reception of the gift of the clerical office, since they thought that they were approaching the true Church when coming to the faith, and there believed in Christ, and received the sacraments of the Trinity; all of which are most certainly true, holy, and divine, and upon these every hope of the soul is founded. Although even the presumptuous audacity of heretics, cloaked in the name of truth, dares to hand these things over, which, since they are simple, as the blessed apostle warns by saying, one God, one faith, one baptism, and it is not permitted to repeat what ought to be given once, let them, with the name of error anathematized, be received through the imposition of hands into the one Church, the dove, as it is said, and the one mother of all Christians, where all those sacraments are received in a salutary, eternal, and life-giving manner: which, for those persisting in heresy, gather a great penalty of damnation, so that what in truth would be most luminous for attaining eternal life, in error becomes more dark and more damnable.

Some of them, fleeing and coming to know the breasts of Mother Church, who have believed and received all those holy mysteries out of love for the truth—if integrity of life has accompanied these sacramental matters, there is no one who does not concede that such persons should be admitted to the office of the clergy, and especially in such a great necessity. Although some clerics of the same sect desire to cross over to us with their congregations and honors, who either persuade them to life out of love of honor, or hold them back from salvation. But I judge that this should be left to the greater consideration of the aforementioned brothers, so that, when they have weighed the discourse of our suggestion with their more prudent counsel, they may deign to inform us what pleases them concerning this matter. Only concerning those who were baptized as infants do we take care, so that, if it pleases, they may consent to our will in ordaining them. Therefore, let your honorable fraternity consider with me that all the things we have comprehended above are to be done among the holy bishops.

XIII. THE COUNCIL OF CARTHAGE A UNIVERSAL COUNCIL OF AFRICA, ON THE RECONCILIATION OF THE DONATISTS. In the consulship of Vincentius and Flavitus, most illustrious men, on the Ides of September, at Carthage in the secretarium of the Basilica Restituta, when we, the bishops from all the African provinces, had assembled in council and were seated in the Church of Carthage—that is, Aurelius, bishop of that see, together with his colleagues, whom their subscription makes known—after the letters of our most blessed brother and fellow priest Anastasius, bishop of the Roman Church, had been read aloud, in which he exhorted us with paternal and fraternal solicitude and sincerity of charity that we should by no means dissemble concerning the snares and outrages of the heretical and schismatic Donatists, by which they grievously harass the Catholic Church of Africa: we give thanks to our Lord, that He has deigned to inspire in that excellent and holy bishop of His such pious care for the members of Christ, although placed in the diversity of lands, yet constituted in the one unity of the body.

Then, after all things that seemed to suit the utility of the Church had been examined and considered, with the Spirit of God assenting and admonishing, we choose to act gently and peacefully with the aforementioned men, although they are cut off from the unity of the Lord's body by a restless dissension (Council of Africa, canon 33; Code of Canons of the African Church, canon 66): so that, as far as lies in us, it may become thoroughly known throughout all the African provinces to all who are entangled in their communion and fellowship, in what a wretched error they are bound: lest perhaps, as the Apostle says (2 Timothy 2), while we in meekness correct those who think differently, God may give them repentance to know the truth, and they may come to their senses from the snares of the devil, having been captured by him to do his will. Therefore it was decided that letters should be given from our council to the African judges, from whom it seemed fitting to seek this, that they might help the common mother, the Catholic Church, in that wherein episcopal authority can be strengthened (or: despised) in the cities; that is, that by judicial power and diligence, from the Christian faith, they should inquire what was done in all the places where the Maximianists, who made a schism from them, obtained basilicas: and that they should have it entered into the public records, for the sake of the firm knowledge necessary for all (Council of Africa, canon 34; Code of Canons of the African Church, canon 67).

Then it was decided that letters be sent to our brothers and fellow bishops, and especially to the apostolic see (Conc. Afr. can. 35. Cod. Can. Eccl. Afr. can. 68), over which presides the aforementioned venerable brother and colleague of ours, Anastasius, so that he may know that Africa has a great need, for the sake of the peace and utility of the Church, that if any clerics from among the Donatists themselves, having corrected their counsel, should wish to cross over to Catholic unity, they may be received in their ranks, according to the will and counsel of each individual Catholic bishop who governs the Church in that same place, if this should seem to benefit Christian peace; just as (see Augustine, Epistle 43, n. 16, and Epistle 185, n. and 47) is manifest to have been done in earlier times of the same division: which the examples of many and nearly all the African Churches in which such an error arose bear witness. Not that the council (see the same Epistle 185, n. 45) which was held in the transmarine regions concerning this matter should be dissolved: but that it should remain in force regarding those who wish to cross over to the Catholic side in such a way that no compensation (or: division) of unity is procured through them. But for those through whom Catholic unity in the places where they live is seen to be either wholly accomplished or aided by manifest gains of fraternal souls, it should not be an obstacle to them that it was decreed in the transmarine council concerning their ranks (although salvation is closed to no one), that is, that they be ordained!

... of the Donatist party, if they wish to cross over to the Catholic [Church] after correction, they are not to be received in their honors according to the transmarine council, except for those through whom the Catholic unity is consulted. Then it was decided that, after these things (Afr. can. 56; Cod. Can. Eccl. Afr. can. 69), legates also preaching the peace and unity, without which Christian salvation cannot be obtained, be sent from our number to the Donatists themselves, whether to their bishops or to their congregations, through whom it may be brought to the notice of all that they have nothing which they can justly say against the Catholic Church: especially that it may be made manifest to all through the municipal records as well, for the firmness of the documents, what they themselves have done regarding their schismatic Maximianists. Whereby it is divinely demonstrated to them, if they are willing to pay attention, that those were then as unjustly cut off from the unity of the Church as they now unjustly cry that the Maximianists have made a schism from them: from whose number, however, they have again received into their honors those whom they had already condemned by the authority of their own plenary council (of Bagai), and have accepted the baptism which the condemned and excluded had given: so that they may see with how foolish a heart they resist the peace of the Church diffused throughout the whole world, when they do these things for the Donatist party; and they do not say that they are contaminated by the communion of those whom they have thus received, on account of the consideration of peace, and they contend that we...

condemn, or despise), that is, the Catholic Church established even in the most remote parts of the world, polluted by the communion of those whom they were then unable to convict by accusation. In the Year of the Lord 402. XIV. Decree of the Universal Council of Milevis of Africa, held under the consulship of Arcadius and Honorius for the fifth time, on the sixth day before the Kalends of September, concerning Maximianus, bishop of Bagai. Concerning Maximianus of Bagai, however, it was decided by the council that letters should be sent both to him and to his congregation, so that he himself might withdraw from the episcopate, and they might seek another for themselves (Code of Canons of the African Church, canon 88). In the Year of the Lord 403. XV. Decree of the Council of Carthage, held from all Africa under the consulship of Theodosius Augustus and Rumo Rido, a most distinguished man, on the eighth day before the Kalends of September, concerning the convening of the Donatists. Bishop Aurelius said: "What has come into the discussion of your charity, I think this should be confirmed by ecclesiastical acts. For the profession of all of you has set forth that each one of us ought, in his own city, to convene the leaders of the Donatists, or to join to himself a neighboring colleague, so that together they may convene them in each and every city or place, through the magistrates or the elders of the places. If this pleases all, let it be proclaimed." It was said by all the bishops: "It pleases all, and we have all confirmed this by our subscription. We also ask that your sanctity subscribe for all to the letters to be sent to the judges from the council.

Aurelius the bishop said: If it seems good to your Charity, let the form of their summons be read out, so that we may all, if it pleases, adopt this tenor of proceeding. It was said by all the bishops: Let it be read. Laetus the notary read it. The Form of the Summons of the Donatists. That bishop of the Church said: "What we have obtained from the authority of that most ample see, we ask your Gravity to have read out and attached to the acts; and indeed to have it carried into effect. When it has been read out by your order and attached to the acts, let that bishop of the Catholic Church say: We deign to hear the mandate to be delivered to the Donatists through your Gravity, to insert it into the acts, and to deliver it to them, and to communicate their response to us again in your acts. We, sent by the authority of our Catholic council, have summoned you, desiring to rejoice at your correction, considering the Lord's charity, who said: 'Blessed are the peacemakers, for they shall be called the sons of God' (Matt. 5); and he admonished through the prophet, that even to those who say they are not our brothers, we ought to say: 'You are our brothers' (Isa. 66, according to the Septuagint).

Therefore, you ought not to despise this peaceful admonition of ours, coming as it does from charity, so that if you think you possess any truth, you do not hesitate to assert it; that is, that after assembling your council, you select from among yourselves those to whom you entrust the cause of your assertion; so that we may do this, and also from our council those may be chosen who, with those you have selected, at a set place and time, may peacefully discuss whatever question it is that separates your communion from ours; and that at last, with the help of our Lord God, this long-standing error may come to an end, lest because of the animosity of men, weak souls and ignorant people perish in sacrilegious dissension. For if you accept this in a brotherly spirit, the truth will easily become clear; but if you are unwilling to do this, your distrust will easily become known. And when this had been read, it was said by all the bishops: "It is quite satisfactory, let this be done," and they subscribed: Aurelius, bishop of the Church of Carthage, consented to this decree and, after it was read, subscribed; similarly, the other bishops subscribed.

In the Year of the Lord 403. XVI. A Petition, Given to the Proconsul Septiminus by the Same Council of All Africa at Carthage. We beseech your equity, Septiminus, most illustrious man, most sublime of proconsuls. The Catholic Church suffers many things against divine and human laws from the heretics of the Donatist party, which, if we wished to demand that they be prohibited and removed by either earlier or more recent imperial decrees, they should by no means dare to complain of our actions, knowing that, although they were aided by no such law, they nevertheless took care, through the orders of judges, that their own schismatic Maximianists be driven out and expelled from their places and sees. However, consulting peacefully for their salvation and our own reputation, on account of the charity by which we are Christians, we wish to admonish them gently, so that they do not neglect to think upon and acknowledge their error: or if they think they possess some truth, let them defend it not by the violent frenzies of the Circumcellions against public peace, but by the tranquil presentation of reason. Hence we beseech your sublimity, that when we wish to admonish them concerning this matter through the magistrates, whether in the cities or in the dependent territories, you order that the record of proceedings be provided to us and that they be lawfully summoned based on our allegation: having obtained this, we shall give abundant thanks to God for your excellency. Given by all the Catholic bishops from the Council of Carthage, in the consulship of Our Lord Theodosius, perpetual Augustus, and Rumoridus, most illustrious man.

In the Year of the Lord 404. XVII. Legation of the Council of Carthage against the Donatists to the Emperor Honorius, and the Memorandum Given to the Legates. Under the most glorious emperor Honorius Augustus, consul for the sixth time, on the sixteenth day before the Kalends of July, at Carthage, in the basilica of the second region. In this council, Theasius and Evodius undertook a legation against the Donatists: in which council a memorandum was inserted, which reads as follows:

Memorandum to the brothers Theasius and Evodius, legates from the Council of Carthage, sent to the most glorious and most religious emperors. When, with the Lord’s help, they have approached the most pious emperors, they are to inform them how, with full confidence, according to the council of the previous year, the Donatist leaders were summoned by municipal records, so that, if they had confidence in their assertions, they might, after choosing some suitable persons from their number, confer peacefully with us and, with Christian gentleness, not hesitate to demonstrate if they held any truth: whereby the sincerity of the Catholic Church, which already in earlier times had been manifest, might now also become known to those resisting through inexperience or obstinacy. But because they were weighed down by distrust, they scarcely dared to answer anything. Hence, since the episcopal and peaceful duty toward them has been fulfilled, and those who were unable to answer the truth have turned to monstrous acts of violence—so much so that they have oppressed many bishops and many clerics (to say nothing of laymen) by ambushes, have invaded some churches, and have attempted to invade others—it is now for your Clemency to provide, so that the Catholic Church, which bore them in Christ with a religious womb and nourished them with the firmness of milk, may also be fortified by your foresight, lest reckless men, in these religious times, prevail by terrifying weak peoples, since they cannot corrupt them by seduction.

It is well known, and often condemned by the laws, the detestable band of Circumcellions, as they are called, which has also been condemned by the frequent sanctions of those same most religious emperors above. Against whose fury we could seek, not unusual nor alien from the Holy Scriptures, the aid of military force, as the Apostle Paul (Acts 23), as is known to the faithful from the Acts of the Apostles, also repelled the conspiracy of factious men with military assistance. But we ask this: that protection be provided, without any dissimulation, to the Catholic orders of the churches (or churches of the orders) through each city, and to the possessors of any neighboring estates through various places. At the same time, it is also to be requested that that law, which was promulgated by their father Theodosius of religious memory concerning ten pounds of gold against the ordainers or ordained heretics, or also against the possessors where their congregation is discovered, they order to be confirmed henceforth: so that it may be effective against those against whom the Catholics, provoked by their plots, have lodged a complaint, so that at least by this terror they may desist from schismatic or heretical depravity, who dissimulate being corrected and reformed by consideration of eternal punishment.

It is also to be requested that the law, which grants to heretics the faculty of receiving or bequeathing anything either from donations or from wills, be henceforth withdrawn from their piety as well, so that the right of bequeathing or receiving be removed from those who, blinded by the fury of obstinacy, have wished to persist in the error of the Donatists. For the rest, for those who, out of consideration for unity and peace, have wished to correct themselves, the way of receiving an inheritance without the prohibition of this law shall lie open, if something from a donation or inheritance should come to them while they are still established in heretical error—excepting, of course, those who have thought to cross over to the Catholic Church by a sudden impulse, because it is credible concerning such persons that they have preferred Catholic unity not so much from fear of divine judgment as from eagerness for earthly advantage. For all these matters, moreover, the support of your authorities is needed, of whatever provinces they may be; and indeed, for the utilities of the Church, we decree a free legation for acting and commanding whatever they understand to be beneficial. Furthermore, it has pleased all of us that letters be directed from our assembly to the most glorious emperors and the most eminent powers, by which they shall be informed that, with the consent of all of us, legates have been sent by us to the most blessed court. But since it is very slow for the same letters to be subscribed by all, lest the same epistles be burdened with the subscriptions of individuals, we ask, brother Aurelius, that your charity deign to subscribe in the name of all of us to those same letters.

And they subscribed: Aurelius, bishop of the Church of Carthage, consented to this decree and subscribed; likewise also the other bishops subscribed. Letters are also to be sent to the judges, so that, until the Lord permits the legates to return to us, protections be granted through the municipal orders and the possessions of the estates of the Catholic Church. It is also to be added concerning Equitius, that his impropriety, by which he most dishonestly claims the right of priests for himself, be repelled from the diocese of Hippo Diarrhytus according to the statutes of the emperors. Letters are also to be sent to the bishop of the Roman Church with a commendation of the legates, or to others, wherever the emperor may be. And they subscribed. Likewise, Aurelius, bishop of the Church of Carthage, consented to this decree and, after it was read, subscribed; likewise also the other bishops subscribed. In the year of the Lord 405. XVIII. THE LAW OF HONORIUS AGAINST THE REBAPTIZERS. From the Theodosian Code, book 16, title, On Heretics, law 38.

The Emperors Arcadius, Honorius, and Theodosius, Augusti. Let no one call to mind a Manichaean, no one a Donatist, who especially (as we have learned) do not cease to rage; let there be one Catholic veneration; let the one sanctity of the Trinity, equal and consistent with itself, be sought. But if anyone should dare to involve himself in forbidden and illicit practices, let him not escape the snares of the innumerable past constitutions and of the law recently promulgated by our Clemency; and if crowds should happen to gather, let him not doubt that the goads of a sharper commotion will be deployed against the instigators of sedition. Given on the day before the Ides of February at Ravenna, in the consulship of Stilicho for the second time and Anthemius. In the year of the Lord 405. XIX. Another law of the same emperor concerning rebaptizers. From the Theodosian Code, book 16, title 6, That holy baptism not be repeated, law 3. The Emperors Arcadius, Honorius, and Theodosius, Augusti. We do not tolerate the deviant errors of rebaptizers, etc. Given on the day before the Ides of February at Ravenna, in the consulship of Stilicho for the second time and Anthemius.

XX. The Third Law of Honorius Concerning Rebaptizers. From the Theodosian Code, Book XVI, Title VI, That Holy Baptism Not Be Repeated, Law 4. The Emperors Arcadius, Honorius, and Theodosius, Augusti, to Hadrian, Praetorian Prefect. We have provided by the authority of this decree to eradicate the adversaries of the Catholic faith. Therefore, we have deemed by a new constitution that sect especially to be cut off, which, lest it be called a heresy, preferred the appellation of schism. For those whom they call Donatists are said to have advanced to such a degree of crime that they repeat sacrosanct baptism, trampling upon the mysteries, with harmful temerity, and have infected men once cleansed by the gift of divinity, as has been handed down, with the pollution of a profane repetition. Thus it has happened that heresy arose from schism. Hence, a seductive error invites credulous minds to the hope of a second indulgence. For it is easy to persuade those who sin that a pardon previously granted can be granted again; which, if it can be conceded a second time in the same manner, we do not understand why it should be denied a third time. These men also pollute slaves or men subject to their own authority with the sacrilege of repeated baptism. Therefore, by this law we decree that whoever hereafter is detected to have rebaptized shall be brought before the judge who presides over the province, so that, punished by the confiscation of all his goods, he may undergo the penalty of poverty, by which he is afflicted in perpetuity.

So that their children, if they dissent from the depravity of their father's association, may not lose what would have been their paternal inheritance; and if perhaps the savagery of their father's depravity has involved them, and they prefer to return to the Catholic religion, the opportunity of obtaining these goods shall not be denied them. Moreover, those places or estates which it is established have subsequently provided a secret refuge for accursed sacrileges shall be applied to the resources of the treasury: provided, however, that the master or mistress is proved either to have been present or to have given consent; such persons indeed a brand, even by sentence, shall mark with infamy. But if, these persons being unaware, such a crime is proven to have been perpetrated in the house through their tenant or agent, then, with the prejudice of the confiscation of the estates suspended, the authors of the implicated crime, after being punished with the leaden rod, shall receive exile, in which they are to be afflicted for the whole of their life. And lest it perhaps be permissible to conceal the conscience of a piacular act perpetrated within domestic walls in secret silence, those who are perhaps compelled to be rebaptized shall have the faculty of taking refuge in the Catholic Church, so that, by its protection, they may be defended against the authors of this crime and association, by the protection of the liberty granted, and it shall be permitted to them, under this condition, to defend the faith which the unwilling have attempted to extort from the Lord.

Neither should the advocates of the Catholic dogma be constrained by law to commit a crime, as are others who are placed under authority; and it is especially fitting that all men, without any distinction of condition or status, be guardians of the sanctity infused from heaven. But let those who have not feared to repeat baptism, contrary to the aforesaid, or who by consenting have condemned this crime through their own mingling with that association, know that not only the right of making a will is denied them, but also the capacity to acquire anything under the guise of a gift, or to engage in contracts, is forever forbidden, unless they have corrected the error of their depraved mind by returning to the true faith through amendment of their counsel. Let a penalty no less bind those likewise who have offered connivance to the forbidden gatherings or ministries of the aforementioned: so that the governors of provinces, if they have thought to lend their consent in contempt of this sanction, shall know that they are to be punished by a fine of ten pounds of gold. Their offices also are to be subjected to a similar condemnation. The chief magistrates or defenders of cities, unless they have executed what we command, or if violence has been inflicted upon the Catholic Church in their presence, shall know that they are liable to the same fine. Given on the day before the Ides of February, at Ravenna, in the second consulship of Stilicho and the consulship of Anthemius.

XXI. FOURTH LAW OF HONORIUS AGAINST THOSE WHO REBAPTIZE. From the Theodosian Code, Book XVI, Title vi, That Holy Baptism Not Be Repeated. Law 5. The Emperors Arcadius, Honorius, and Theodosius, Augusti, to Hadrian, Praetorian Prefect. Lest the Donatists' secret meetings violate divine grace, polluted by repeated baptism, and to abolish the opportunity for deception by the severity of this decree, we establish that other men of this kind shall be pursued by punishment, and that those who have committed an offense against the Catholic religion by perverse doctrine shall experience the avenging censure of the law. We therefore order that if anyone hereafter be detected rebaptizing, he shall be brought before the judge who presides over the province, so that, punished by the publication of all his goods, he may suffer the penalty of poverty, etc. Given on the day before the Ides of February, at Ravenna, in the consulship of Stilicho and Anthemius. XXII. LAW OF HONORIUS CONCERNING THE EDICT OF UNITY TO BE PROMULGATED THROUGHOUT AFRICA. From the Theodosian Code, Book XVI, Title II, On Religion, Law 2. The Emperors Arcadius, Honorius, and Theodosius, Augusti, to Diotimius, Proconsul of Africa.

XXIII. DECREE OF THE COUNCIL HELD IN THE CONSULSHIP OF STILICHO FOR THE SECOND TIME AND ANTHEMIUS, VIRI CLARISSIMI. The tenth day before the Kalends of September, at Carthage, in the Basilica of the Second Region. That, since unity has been accomplished only at Carthage, letters shall also be given to the judges, so that they may order that effort be expended on unity in the other provinces and cities. That acts of thanksgiving concerning the Church of Carthage for all Africa, and concerning the exclusion of the Donatists, together with the letters of the bishops, be sent to the court. The letters of Pope Innocent were read: that bishops should not readily proceed overseas; and this very thing is confirmed by the sentences of the bishops. That, for the act of thanksgiving and the exclusion of the Donatists, two clerics of the Church of Carthage be sent to the court. (Council of Africa, canon; Code of Canons of the African Church, canon 94).

XXIV. LAW OF HONORIUS WHICH ESTABLISHES A PENALTY AGAINST THE DONATISTS. From the Theodosian Code, Book XVI, Title V, On Heretics, Law 39. The Emperors Arcadius, Honorius, and Theodosius, Augusti, to their own Diotimius, Greetings. We decree that heretics of the Donatist superstition, in any place whatsoever, whether confessing or convicted, shall be held bound by the law, and shall pay the prescribed penalty without delay. Given on the sixth day before the Ides of December, at Ravenna, in the consulship of Stilicho for the second time and Anthemius. XXV. DECREE OF THE COUNCIL HELD IN THE CONSULSHIP OF HONORIUS FOR THE SEVENTH TIME AND THEODOSIUS II, AUGUSTI. On the Ides of June, at Carthage, in the Basilica of the Second Region. Concerning the congregations or dioceses converted from the Donatists. That those congregations which have been converted from the Donatists, and have had bishops, shall, without doubt, be permitted to have them, after consulting the council. But those congregations which have had a bishop, and after his death have wished not to have their own bishop, but to belong to the diocese of some other bishop, this is not to be denied them. Moreover, it has been suggested that those congregations which, before the law of the emperors concerning unity was issued, were converted to the Catholic Church by any bishop, those same bishops ought to retain them. But from the law of unity and thereafter, it is fitting that all churches should claim for themselves the Catholic bishops of those places to which the places under the heretics belonged, whether of those converted to the Catholic Church or of unconverted heretics, and also the dioceses, and whatever instruments of the Church, or things pertaining to it, there may be. But those who have usurped anything after the law, when challenged, shall restore what was usurped. (Council.

African canon 66; Code of Canons of the African Church, canon 99. XXVI. OCCASION OF THE SUBSEQUENT LAWS. In the Council of Carthage of the following year 407, on the day of June, Bishop Fortunatianus again undertook an embassy against the pagans and heretics. In another council of the same year 407, held at Carthage on the day of October, Bishops Restitutus and Florentius undertook an embassy against the pagans and heretics, at the time when Severus and Macarius were killed; and on account of their case, Bishops Evodius, Theasius, and Victor were beaten. The reason for the embassy may be learned from Augustine’s letter 96 to Olympius, n. 2, namely that through a new edict of the Emperor the enemies of the Church might know that those laws which were sent concerning the destruction of idols and the correction of heretics while Stilicho was alive were established by the will of the most pious Emperor; that which was done without his knowledge or will, they either deceitfully boast or willingly believe; and thereby they render the minds of the ignorant most turbulent and dangerously and vehemently hostile (to Catholics). And this is the occasion of the subsequent laws.

YEAR OF THE LORD 408. XXVII. LAWS OF HONORIUS RENEWING THE PENALTIES ENACTED AGAINST THE DONATISTS AND OTHER HERETICS. From the Theodosian Code, Book XVI, Title 5, On Heretics, Law 41. The Emperors Arcadius, Honorius, and Theodosius, Augusti, to Porfyrius, Proconsul of Africa. Although crimes are usually purged by punishment, we nevertheless wish to correct the perverse wills of men by the admonition of penance. Therefore, whoever among the heretics (whether they be Donatists, or Manichaeans, or of any other depraved opinion and sect), having been gathered in profane rites, have embraced the Catholic faith and its merit (which we desire all men to observe) by a simple confession, even if they have nourished so inveterate an evil by long and daily meditation that they appear liable under laws previously enacted, yet we decree that these, as soon as they have confessed God with simple religion, are to be absolved from all guilt: so that for every offense, whether contracted before or contracted afterwards (which we do not wish), even if the penalty seems most severely to press the guilty, it shall suffice for abolition that they have condemned their error by their own judgment and have embraced the name of Almighty God, invoked even amid those very perils, because the aid of religion, invoked in miseries, ought never to be lacking. Therefore, just as we order the prior laws we have enacted to be urged with all force of execution for the destruction of sacrilegious minds, so we decree that those who have preferred the confession of the religion of simple faith, albeit late, are not to be held by the laws given.

We have decreed these things so that all may know that vengeance is not lacking against the profane pursuits of men, and that the support of the laws is present for the right worship to flourish. Given on the 17th day before the Kalends of December at Rome, in the seventh consulship of Honorius and the second of Theodosius Augustus. XXVIII. SAME WORK, LAW 43. The same Emperors to Curtius, Praetorian Prefect. We decree that all things which have been established by the authority of our general laws against the Donatists (who are also called Montenses), Manichaeans, or Priscillianists, or against the pagans, shall not only remain in force but be carried out with the fullest execution and effect: so that the buildings, whether of these or also of the Coelicolae (which have gatherings of some new doctrine unknown to me), shall be claimed for the Churches. Moreover, the penalty set by law shall hold as convicted those who have confessed themselves to be Donatists, or who have shunned the communion of Catholics under the pretext of a savage religion, even if they pretend to be Christians, etc. Given on the 17th day before the Kalends of December at Rome, in the consulship of Bassus and Philippus.

XXIX. Same place, Book 44. The same Augusti. Habe Donate K. NO. The new and unusual audacity of the Donatist heretics and Jews has been revealed, in that they wish to disturb the sacraments of the Catholic faith. Lest this pestilence and contagion spread further and flow abroad, we order that the penalty of just punishment be exacted against those who have attempted anything contrary and hostile to what belongs to the Catholic sect. Given on the 8th day before the Kalends of December at Ravenna, in the consulship of Bassus and Philippus. XXX. Same place, Book 45. The same Augusti to Theodorus, Praetorian Prefect for the second time. Let the watchfulness of the defenders of the curiales and of all offices guard that no one, within any city or in any secret part of a territory, who dissents from a priest of the Catholic Church, should have the faculty of unlawful assembly. We also decree that the place itself be publicly joined to the law, all excuse being excluded; and that those who dare to dispute and assert those things which divine institution condemns be proscribed and driven into exile. Given on the 5th day before the Kalends of December at Ravenna, in the consulship of Bassus and Philippus.

In the year of the Lord 400. XXXI. Same place, Book 46. The same Augusti. Theodorus, Praetorian Prefect for the second time. After other matters. Lest the Donatists, or the vanity of the Caecilianist heretics, and the error of others, to whom the worship of Catholic communion cannot be persuaded, the Jews, and the Gentiles (whom the common people call Pagans), think that the decrees of the laws previously given against them have grown weak, let all judges know that they must obey the precepts of these laws with faithful devotion: and among the chief things, whatever we have decreed against them, let them not doubt that it must be carried out. But if any judge, by reason of connivance, should omit the execution of the present law, let him know that, having lost his rank, he will undergo a more severe motion of our clemency. Also his office, which, having despised the suggestion for its own safety, failed in its duty, shall be punished by the condemnation of the three chief officials, and shall be liable to a fine of twenty pounds of gold. Also the orders and the Duumvirs, if in their own cities or territories they have concealed any such thing committed in favor of the guilty, let them know that they will undergo the penalty of deportation and the loss of their own property. Given on the seventeenth day before the Kalends of February, at Ravenna, in the consulship of Honorius for the seventh time and Theodosius for the third time, Augusti.

In the year of the Lord 410. XXXII. Same place, Book 51. Which abrogates the edict by which liberty had been granted to heretics. The same Augusti to Heraclianus, Count of Africa. The oracle being entirely removed, by which heretical superstitions had crept into their rites, let all enemies of the holy law know that they are to be punished with the penalty both of proscription and of blood, if they should dare, beyond meeting in public, to attempt the abominable rashness of their crime. Given on the eighth day before the Kalends of September, when Varanes, a most noble man, was consul.