25. However, before those laws were sent into Africa by which men are compelled to come in to the sacred Supper, it seemed to certain of the brethren, of whom I was one, that although the madness of the Donatists was raging in every direction, yet we should not ask of the emperors to ordain that heresy should absolutely cease to be, by sanctioning a punishment to be inflicted on all who wished to live in it; but that they should rather content themselves with ordaining that those who either preached the Catholic truth with their voice, or established it by their study, should no longer be exposed to the furious violence of the heretics. And this they thought might in some measure be effected, if they would take the law which Theodosius, of pious memory, enacted generally against heretics of all kinds, to the effect that any heretical bishop or clergyman, being found in any place, should be fined ten pounds of gold, and confirm it in more express terms against the Donatists, who denied that they were heretics; but with such reservations, that the fine should not be inflicted upon all of them, but only in those districts where the Catholic Church suffered any violence from their clergy, or from the Circumcelliones, or at the hands of any of their people; so that after a formal complaint had been made by the Catholics who had suffered the violence, the bishops or other ministers should forthwith be obliged, under the commission given to the officers, to pay the fine. For we thought that in this way, if they were terrified and no longer dared do anything of the sort, the Catholic truth might be freely taught and held under such conditions, that while no one was compelled to it, any one might follow it who was anxious to do so without intimidation, so that we might not have false and pretended Catholics. And although a different view was held by other brethren, who either were more advanced in years, or had experience of many states and places where we saw the true Catholic Church firmly established, which had, however, been planted and confirmed by God’s great goodness at a time when men were compelled to come in to the Catholic communion by the laws of previous emperors, yet we carried our point, to the effect that the measure which I have described above should be sought in preference from the emperors: it was decreed in our council, and envoys were sent to the court of the Count.
26. But God in His great mercy, knowing how necessary was the terror inspired by these laws, and a kind of medicinal inconvenience for the cold and wicked hearts of many men, and for that hardness of heart which cannot be softened by words, but yet admits of softening through the agency of some little severity of discipline, brought it about that our envoys could not obtain what they had undertaken to ask. For our arrival had already been anticipated by the serious complaints of certain bishops from other districts, who had suffered much ill-treatment at the hands of the Donatists themselves, and had been thrust out from their sees; and, in particular, the attempt to murder Maximianus, the Catholic bishop of the Church of Bagai, under circumstances of incredible atrocity, had caused measures to be taken which left our deputation nothing to do. For a law had already been published, that the heresy of the Donatists, being of so savage a description that mercy towards it really involved greater cruelty than its very madness wrought, should for the future be prevented not only from being violent, but from existing with impunity at all; but yet no capital punishment was imposed upon it, that even in dealing with those who were unworthy, Christian gentleness might be observed, but a pecuniary fine was ordained, and sentence of exile was pronounced against their bishops or ministers.