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Optatus of Milevis, Against the Donatists (1917) Appendix 2. The trial before Zenophilus. pp. 346-381.


APPENDIX----II

GESTA APUD ZENOPHILUM

(INTRODUCTION.)

It is A.D. 320, six years after the vindication of Felix of Aptunga, and another trial is proceeding. Time has amply brought her revenge. Now the accusation is no longer against the consecrator of Caecilian the Catholic Bishop of Carthage, but against Silvanus the Donatist Bishop of Cirta, the consecrator of Majorinus, who had been intruded into Caecilian's Chair. In this trial it is conclusively proved that Silvanus and his abettors had been guilty not merely of Betrayal----the sin falsely alleged against Felix and Caecilian, as a pretext for abandoning communion with Caecilian----but also of theft and simony under peculiarly disgraceful circumstances.

St. Optatus, in his description of the commencement of the Donatist schism, has mentioned the name of the Deacon Nundinarius, the editor of the Acts of the Bishops who, in the year 303, met at Cirta to elect a successor to the recently deceased Bishop of that city.1 When the citizens of Cirta heard that Silvanus had been chosen to be their chief Pastor----Silvanus, a man of bad reputation, who was well known to them as a Traditor ---- they cried out 'Traditor est, alius fiat. Purum et integrum civem nostrum volumus.' The clergy also protested against this election, but Silvanus was supported by a noisy mob of the lowest |347 rabble, and consecrated Bishop by the notorious Secundus of Tigisis. One of the first acts of Silvanus after his consecration was to ordain a certain Victor. This Victor, in order to be made a priest, paid a large sum of money to Silvanus, which Silvanus on his part promptly distributed amongst Secundus and the other Bishops who had taken part in his own consecration. (Such was the character of the shameless men, who were so soon, for their own purposes, to precipitate the Donatist schism by their consecration of Majorinus in opposition to Caecilian.)

Now these facts were well known to Nundinarius the Deacon. It was therefore an evil hour for Silvanus, leading him into much trouble, when, for some reason unknown to us, he violently quarrelled with Nundinarius. Other guilty Donatist Bishops, especially the terrible Purpurius 2 and a certain Fortis, were greatly alarmed when the news of this quarrel reached their ears, and wrote to Silvanus, and to their party in Cirta, that it was imperative that a reconciliation should be effected between Silvanus and Nundinarius. Means must be found to hush the matter up, lest worse things befall them. Evidently it would be too deplorable if it were to be publicly proved that they had been themselves guilty of crimes far more shameful than anything with which they falsely reproached the Catholic Bishops. But it was all to no purpose. Nundinarius was, in the end (though he seems to have wavered for a while), not to be appeased. Catholics called out for a public investigation. It was granted, and followed in due course before Zenophilus.

Throughout the proceedings Nundinarius proved the case against Silvanus with merciless precision. There was first the evidence of an inhabitant of Cirta----a certain Victor, a grammarian. As this Victor tried at first to screen Silvanus, there were read aloud municipal Acts recorded during the persecution when Munatius Felix was |348 Curator. From these it became clear that Silvanus had indeed been a Betrayer, and Victor had to admit this, though he tried to save himself by denying that he was present when it all happened. Then the compromising and discreditable letters were read, from which it was seen how much Purpurius and Fortis dreaded exposure. No doubt they were afraid that Nundinarius might denounce them, as already he had denounced Silvanus in a libellus of accusation, which had been addressed to all the clergy and elders of Cirta, and was read in full before Zenophilus. Furthermore, witnesses were produced who told the old story of the events that took place at the consecration of Silvanus, which proved him to have been guilty of Betrayal and Simony. It was also shown that he and Purpurius, as well as other Donatists, had been guilty of thefts from the Temple of Serapis. Further evidence was given which proved that the Numidian Bishops (now Donatists) had received money from Lucilla, in order that Majorinus might be consecrated rival Bishop of Carthage in opposition to Caecilian, and that they had kept it all for themselves, though part of it at least was intended by its donor for the poor.

Most of these Proceedings are extant, but the judgement is wanting. It is, however, certain that Silvanus was banished by Zenophilus for Betrayal,3 for robbing the Treasury of vinegar casks, for taking money for Ordination, and for having been himself made Bishop by violence, of all of which crimes he had been proved guilty in the course of these Proceedings. |349 


THE PROCEEDINGS BEFORE ZENOPHILUS.

The Commencement of the Proceedings before Zenophilus, by which it becomes clear that Silvanus, who with others consecrated Majorinus, the Predecessor of Donatus, was a Betrayer.4

In the consulship of Constantine Maximus Augustus and Constantine the younger the most noble Caesar, on the thirteenth of December, (Sextus of Thamagudi being the secretary,) 5 after Victor the Grammarian had been brought in and sworn,6 Nundinarius the deacon also being present, Zenophilus, a most noble man of consular rank,7 said:

'What is your name?'

He answered:

'Victor.'

Zenophilus said:

'What is your station in life?'

Victor said:

'I am a lecturer in the literature of Rome, a Latin grammarian.' |350 

Zenophilus said:

'What is your rank?'

Victor said:

'My father was a decurion of Cirta. My grandfather was a soldier. He had seen service at court.8 For our family is of Mauritanian blood.' 9

Zenophilus said:

'Be mindful of your honour and character, and tell me with simplicity----what was the cause of the dissension amongst Christians?'

Victor said:

'I do not know the origin of the dissension. I am one of the Christian people. However, when I lived at Carthage and the Bishop Secundus 10 had at length arrived there, they are said to have discovered that Caecilian had been wrongfully 11 made a Bishop, by whom I know not; and they set up another in opposition. From that time forward the dissension at Carthage began, but I cannot know its origin fully, for our city always has one church,12 and if dissension there was, we know nothing about it.' |351 

Zenophilus said:

'Are you in communion with Silvanus?'

Victor answered: 

'I am.'

Zenophilus said:

'Why then have you passed over that man 13 whose innocence has been cleared 14?' And added: 'Besides, it is stated that you know something else with the fullest certainty----that Silvanus is a Betrayer. Own to this.'

Victor replied:

'This I know not.'

Zenophilus said to Nundinarius the Deacon:

'Victor says that he does not know that Silvanus is a Betrayer.' |352 

Nundinarius the deacon said:

'He knows quite well, for 15 he himself gave up the codices.'

Victor answered:

'I had fled from that storm----and if I lie, let me perish. When we suffered the inrush of sudden persecution, we fled to Mount Bellona.16 I remained there with Mars the deacon. Victor the priest was there also. When this Mars was ordered to give up all the books, he said that he had not got them. Then Victor gave up the names of all the lectors. They came to my house in my absence. The magistrates went in and carried off my codices. When I got back, I found that the codices had been taken away.'

Nundinarius the deacon said:

'But at the public investigation you answered that you gave up the codices. Why deny things that can be proved?'

Zenophilus said to Victor:

'Acknowledge frankly, that you may not be questioned with greater severity.' 17

Nundinarius the deacon said:

'Let the Acts be read.' 

Zenophilus said: 

'Let them be read.'

Nundinarius then gave them, and the notary read aloud:

'In the consulate of Diocletian the Eighth, and Maximinian the Seventh, on the nineteenth of May, from the Acts of |353 Munatius Felix the perpetual flamen, the guardian of the colony at Cirta.

'When they came to the house in which the Christians were accustomed to assemble, Felix the flamen and guardian of the state said to Paul the Bishop:

"Bring out the Scriptures of the Law,18 and anything else that you may have here, as has been commanded, that you may obey the order."

'Paul the Bishop said:

"The lectors have the Scriptures. But we surrender what we have here."

'Felix the perpetual flamen and guardian of the state said to Paul the Bishop:

"Show us the lectors or send to them."

'Paul the Bishop said:

"You all know them."

'Felix the perpetual flamen and guardian of the state said:

"We do not know them."

'Paul the Bishop said:

"The public officers know them----that is Edusius and Junius, the notaries."

'Felix the perpetual flamen and guardian of the state said:

"Let the matter of the lectors stand over. They will be pointed out by the public officers. Do you surrender what you have."

'In the presence of Paul the Bishop (who remained seated), of Montanus and Victor of Deusatelium, and Memorius priests, Mars and Helius the deacons, Marcuclius, Catullinus, Silvanus and Carosus the subdeacons standing by with Januarius, Meraclus, Fructuosus, Migginis, Saturninus, Victor and the rest of the grave-diggers,19 Victor of Aufidus made this brief inventory against them. |354 

'Two golden chalices, also six silver chalices, six silver pots,20 a silver chafing vessel,21 seven silver lamps, two torches,22 seven short brass candlesticks with their lamps, also eleven brass candlesticks with their chains, eighty-two women's garments, thirty-eight veils,23 sixteen men's garments, thirteen pair of men's shoes, forty-seven pair of women's shoes, eighteen pattens for the country.' 24

'Felix the perpetual flamen and guardian of the state said to Marcuclius, Silvanus and Carosus the grave-diggers:

"Bring forth whatever you have."

'Silvanus and Carosus said:

"All that was here we have thrown out."

'Felix the perpetual flamen and guardian of the state said to Marcuclius, Silvanus and Carosus:

"Your answer is set down in the Acts." 25

'After the cupboards in the bookcases had been found to be empty,26 Silvanus brought forth a silver casket 27 and a silver candlestick, for he said that he had found them behind a jug.28

'Victor of Aufidus said to Silvanus:

"Had you not found these things, you were a dead man." 29 |355 

'Felix the perpetual flamen and guardian of the state said to Silvanus:

"Search more carefully, lest anything else should have been left behind."

'Silvanus said:

"Nothing has been left behind. This is all----what we have thrown out." 30

'And when the dining-room 31 was opened, there were found in it four casks 32 and six jugs.33

'Felix the perpetual flamen and life-guardian of the state said:

"Bring forth whatever Scriptures you have, that we may obey the precepts and commands of the Emperors."

'Catullinus brought forth one very large codex.

'Felix the perpetual flamen and guardian of the state said to Marcuclius and Silvanus:

"Why have you given us only one codex? Bring forth the Scriptures which you have."

'Catullinus and Marcuclius said:

"We have no more, for we are sub-deacons, but the lectors have the codices."

'Felix the perpetual flamen and guardian of the state said to Marcuclius and Catullinus:

"Show us the lectors."

'Marcuclius and Catullinus said:

"We do not know where they live." |356 

'Felix the perpetual flamen and guardian of the state said to Catullinus and Marcuclius:

"If you do not know where they are living, tell us their names."

'Catullinus and Marcuclius said:

"We are not Traitors,34 behold we are here. Order us to be killed."

'Felix the perpetual flamen and guardian of the state said:

"Let them be taken into custody." 

'And when they came to the house of Eugenius, Felix the perpetual flamen and guardian of the state said to Eugenius:

"Bring forth the Scriptures which you have, that you may obey the decree."

'And he brought forth four codices.

'Felix the perpetual flamen and guardian of the state said to Silvanus and Carosus:

"Show us the other lectors."

'Silvanus and Carosus said:

"The Bishop has already told you that the notaries Edusius and Junius know them all. Let them point out their houses to you."

'Edusius and Junius said:

"We will point them out to you, my lord."

'And when they came to the house of Felix, the worker in marbles, he brought forth five codices. And when they came to the house of Victorinus, he brought forth eight codices. And when they came to the house of Projectus, he brought forth five large and two small codices.

'And when they came to the house of Victor the Grammarian, Felix the perpetual flamen and guardian of the state said to him: |357 

"Bring forth whatever Scriptures you have, that you may obey the decree."

'Victor the Grammarian brought forth two codices, and four quinions.35 Felix the perpetual flamen and guardian of the state said to Victor:

"Bring forth the Scriptures. You have more."

'Victor the Grammarian said:

"If I had more, I would have given them."

'And when they came to the house of Euticius of Caesarea, Felix the perpetual flamen and guardian of the state said to Euticius:

"Bring forth the Scriptures which you have, that you may obey the decree."

'Euticius said:

"I have none."

'Felix the perpetual flamen and guardian of the state said to Euticius:

"Your statement is set down in the Acts."

'And when they came to the house of Coddeo, his wife brought forth six codices.

'Felix the perpetual flamen and guardian of the state then said:

"Look and see whether you have not got more. Bring them forth." |358 

'The woman said: "I have no more."

'Felix the perpetual flamen and guardian of the state said to Bos the public official 36:

"Go in and search whether she has not any more."

'The public official said:

"I have searched and have not found anything else."

'Felix the perpetual flamen and guardian of the state said to Victorinus, Silvanus and Carosus:

"If anything has been kept back, the danger is yours." '

After these things had been read, Zenophilus said to Victor:

'Now confess without more ado.'

Victor answered:

'I was not there.'

Nundinarius the deacon said:

'We have seen letters to Bishops written 37 by Fortis.'

And he read out a copy of the accusation delivered to the Bishops 38 by Nundinarius the deacon.39

'Christ is witness and His Angels, that they with whom you have been in communion have been Betrayers----that is |359 to say, Silvanus of Cirta is a Betrayer, and a thief of the goods of the poor----a thing which all of you Bishops, priests, deacons, elders, know to be true concerning the four hundred pieces of money,40 that were given by the noble woman Lucilla,41 for the sake of winch you conspired together that Majorinus might be made Bishop, whence came the schism. For Victor the fuller gave twenty pieces of money,42 to be made priest, in your presence and in that of the people, as Christ knows and His angels.'

And a copy of a letter 43 was read aloud:

'Purpurius,44 the Bishop, to his fellow Bishop Silvanus----Health in the Lord! Nundinarius the deacon, our son, has come to me and has begged of me to send this letter of supplication to your Holiness, that, if it be possible, there may be peace between you and him. For I wish this to be done in writing by you, if you are willing, in order that no one may know what is going on between us, so that I may alone be concerned with you in this present matter, and may bring to a conclusion 45 the dissension between you. For he has handed to me a petition written by his hand concerning the affair, on account of which, by your command, he was degraded.46 |360 

It is not right 47 for a father to chastise a son against the truth, and I know that the things which were written in the bill of accusation that was handed to me are true. Search for a remedy by which this ill-will may be extinguished before the flame burst forth which it may not be possible afterwards to extinguish without the spiritual shedding of blood. Call together your fellow clerics and the elders of the people who belong to the Church,48 and let them carefully inquire what are these dissensions of yours, that whatever is done may be done according to the precepts of the Faith. You shall not decline to the right hand nor to the left. Be not willing to lend your ear to evil teachers who refuse peace. You slay us all ... [and, in another hand] Fare you well.'

And a copy of another letter:

'Purpurius the Bishop to the Clerics and Elders of Cirta----eternal health in the Lord! Moses cried out to the whole assembly of the children of Israel and told them what the Lord commanded to be done. Nothing was to be done without the advice of the Elders. So do you too, my beloved, whom I know to have all heavenly and spiritual wisdom, search out with all your strength what is the nature of this dissension and bring [men] to peace. For Nundinarius the deacon says that you have knowledge of all the circumstances from which this dissension has arisen between our well-beloved Silvanus and himself. For he has handed me a petition in which all these things have been written. And he said that you too are acquainted with them. I know that no one can overhear.49 Do you search out a satisfactory remedy that this thing may be extinguished without danger to your soul, for fear lest when |361 you respect persons you should unawares find yourself before the Judge.50 Judge just judgement between the parties in accordance with your gravity and justice. Be careful not to decline either to the right hand or to the left. There is question of a matter which belongs to God 51 who searcheth the thoughts of every man. Be careful that no one knows the story of this conspiracy. What is contained in the bill of accusation is true.52 It is not good, for the Lord says "Out of thy mouth thou shalt be condemned and out of thy mouth shalt thou be justified." 53 '

This also was read out:

'Fortis to our well-beloved brother Silvanus, eternal health in the Lord! Our son Nundinarius the deacon has come to me and related the things which have taken place between you and him, through the intervention of the Evil One, who wishes to turn aside the souls of the just from the way of truth. When I heard these things I fainted in my spirit that such a dissension had come between you----that a priest of God should arrive at that . . .54 which is not expedient for us to be done. Now therefore beseech him that you may have, as is possible, the peace of the Lord, the Saviour Christ, with him. Let us not come into a public court and be condemned by the Gentiles. For it has been written "Take heed lest, whilst you bite and accuse one another, you be devoured one by another." 55 Therefore I beseech the Lord that this scandal may be removed from our midst, so that this business, which concerns God, may be carried through with the giving of thanks,56 as the Lord says "My peace I give unto you, My |362 peace I leave to you." 57 What peace can there be, where there is dissension and where there are rivalries? For when I was roasted by the soldiers, 58 and set apart, and had come to that pass 59 with such foul treatment,60 I commended my soul to God and forgave you,61 for God sees the minds of men, and [how, just like you, I was led into the deed you know of 62]. But God has delivered us and we serve Him together with you. Therefore even as we have been forgiven, so be you two reconciled to peace, that you may be able to celebrate the peace of Easter 63 with joy in the Name of Christ. Let no one know about it. . . .' 64

There was also read out:

'Fortis to the brethren and sons, to the clergy and seniors, eternal health in the Lord! Your deacon, Nundinarius, has come to me and told me of the things that have been done against you, which surely ought to have been adjusted by you in such a way that you should not have arrived at so great a |363 pitch of madness that men should be degraded 65 for telling the truth----a thing which both you and we know, even as you have related to us. And it is written "Is there not any wise man amongst you who can judge between brethren? But does brother go to law with brother----and this amongst the unbelievers?" 66----just as you now strive in judgement.67 Have things then come to this pass, that we should give such an example to the Gentiles, so that they who have believed in God through us, should themselves speak evil of us, when we come before the public? Therefore, that it may not come to this, do you who are spiritual see to it that no one should know, so that we may keep Easter with peace,68 and do you exhort them to be reconciled to Peace, and that there may be no dissension, lest, should things be made public, you too commence to be in danger (if this should occur), and afterwards blame yourselves. You especially will take care, you, Possessor, Donatius the priest,69 and Valerius and Victor, each of you,70 who know all that was done 71----take care 72 that you be at peace one with another.'

Another letter was also read out:

'Sabinus to his brother Silvanus,73 eternal health in the Lord! Nundinarius your son has come to us----not only to |364 me but also to our brother Fortis, bringing a serious 74 complaint. I am surprised at your lordship,75 that you have acted thus with your son, whom you brought up and ordained. For if an earthly building has been erected, is not something heavenly added to it, which is built by the hand of a priest? 76 However, we ought not to be surprised at you, for the Scripture says "I will destroy the wisdom of the wise and I will reject the prudence of the prudent," 77 and again it says "Men have loved the darkness rather than the light," 78 just as you are doing.79 It should be enough for you to know all the facts. Our brother Fortis has written to you about this. Now I would ask of your charity, my very kind brother, to fulfil the saying of the prophet Isaiah: "Cast evil forth from your souls, and come let us dispute together, saith the Lord." And again, "Cast forth wickedness from your midst." 80 So do you now act after this manner.81 Overcome and avert the plot of those who have been unwilling that there should be peace between you and your son. No! let your son Nundinarius keep Easter in peace with you,82 that the matter which is already known to all of us may not became public as well. I would beg of you, my very kind brother, to fulfil the petition of my mediocrity. Let no one know about it.'

Also another letter was read aloud: 83

'Sabinus to his brother Fortis, eternal health in the Lord! How great is your charity according to the witness of all your colleagues, I know very well 84; but that you have had a special |365 friendship with Silvanus,85 according to the will of God, who has said "Some I love above my soul," 86 I know too. Wherefore I have not hesitated to send you these writings, because I caused yours concerning Nundinarius to be given to him. If we act with diligence God's affair always goes vigorously.87 Do not put forward an excuse. For business presses upon us during these days, and urges us without delay to see to these things before the most solemn Feast of Easter, that through you there may be brought about a peace full of fatness,88 and we may be found worthy co-heirs of Christ, who has said "My peace I give unto you, My peace I leave to you." And once again I beseech you to do as I ask.' [And in another hand] 'I pray that you have good health in the Lord and are mindful of us. Fare you well. But I entreat you let no one know about it.'

After these documents had been read,89 Zenophilus said:

'From the Acts and letters which have been read aloud, it is clear that Silvanus is a Betrayer.'

And he said to Victor:

'Frankly confess whether you know that he betrayed anything.'

Victor said:

'He did betray, but not in my presence.'

Zenophilus said:

'What office did Silvanus hold at the time amongst the clergy?'

Victor answered:

'The persecution broke out when Paul was Bishop; Silvanus was then a sub-deacon.' |366 

Nundinarius the deacon replied: 

'When he came here, as he said to be made Bishop, the people answered "Let it be another,90 hear us, O God." '

Zenophilus said to Victor:

'Did the people cry out "Silvanus is a Betrayer"?'

Victor said:                                                           

'I myself fought against his being made Bishop.'

Zenophilus said:

'So you did know that he was a Betrayer! Confess to this.'

Victor answered:

'He was a Betrayer.' 

Nundinarius the deacon said:

'You seniors cried out "Hear us, O God! We want our fellow-citizen. This man is a Betrayer." '

Zenophilus said to Victor:

'So you cried out with the people that Silvanus was a Betrayer and ought not to be made Bishop?'

Victor said:

'I did cry out, and so did the people. For we wanted our fellow-citizen, a man of integrity.'

Zenophilus said:

'For what reason did you deem him unworthy?'

Victor said:

'We wanted one who was a man of integrity and our fellow-citizen. For I knew that for this reason we should have to go to the Emperor's Court, if the office were given to such as he.' |367 

Then when Victor of Samsuricum and Saturninus the grave-diggers had been brought in and sworn, Zenophilus said:

'What is your name?'

Saturninus said:

'Saturninus.'

Zenophilus said:

'What is your station in life?'

Saturninus said:

'I am a grave-digger.'

Zenophilus said:

'Do you know that Silvanus is a Betrayer?'

Saturninus said:

'I know that he gave up a silver lamp.'

Zenophilus said to Saturninus:

'What else?'

Saturninus said:

'I do not know of anything else, excepting that he took the lamp from behind a tun.'

And after Saturninus had been ordered down, Zenophilus said to the one who remained standing:

'And you, what is your name?'

He answered:

'Victor of Samsuricum.'

Zenophilus said:

'What is your station in life?' |368 

Victor said:

'I am an artisan.'

Zenophilus said:

'Who gave up the silver table 91?'

Victor answered:

'I did not see----what I know I will tell you.'

Zenophilus said to Victor:

'Although it has now become certain from the replies of those whom we have already questioned, nevertheless, do you tell us whether Silvanus is a Betrayer.'

Victor said:

'When it was demanded a second time how it was that he dismissed this matter 92 ----that we should be led to Carthage, I heard from the mouth of the Bishop himself: "There were given to me a silver lamp and a silver casket,93 and these I gave up." '

Zenophilus said to Victor of Samsuricum:

'From whom did you hear that?'

Victor said:

'From Silvanus the Bishop.'

Zenophilus said to Victor: |369 

'Did you hear from himself that he had been a Betrayer?'

Victor said:

'I heard him say that he gave up these things with his own hands.'

Zenophilus said:

'Where did you hear that?'

Victor said:

'In the basilica.'

Zenophilus said: 

'At Cirta 94?'

Victor said:

'He began there his address to the people with these words: "On what ground do they say that I am a Betrayer? Is it because of the lamp and the casket 95?"'

Zenophilus said to Nundinarius:

'What else is there about which you think that we should question these men?'

Nundinarius said:

'About the casks belonging to the imperial treasury.96 Who took them away?'

Zenophilus said to Nundinarius:

'What casks?' |370 

Nundinarius said:

'They were in the temple of Serapis, and Purpurius the Bishop took them away. The vinegar that they contained was taken away by Silvanus the Bishop, Dontius the priest, and Lucianus.'

Zenophilus said to Nundinarius:

'Do these men who are before us know that this was done?'

Nundinarius answered: 

'Yes.'

Saturninus the deacon said:

'Our fathers told us that they were taken away.'

Zenophilus said:

'By whom----as it is alleged----were they taken away?'

Saturninus said:

'By Purpurius the Bishop, and the vinegar by Silvanus and Dontius and Superius the priests, and Lucianus the deacon.'

Nundinarius said:

'Did Victor give twenty pieces of money and was he made a priest?'

Saturninus said: 

'Yes.'

And when he had said this, Zenophilus said to Saturninus:

'To whom did he give the money?'

Saturninus said:

'To Silvanus the Bishop.' |371 

Zenophilus said to Saturninus:

'Then he gave twenty pieces of money as a bribe to Silvanus the Bishop, that he might be made a priest?'

Saturninus said:

'Yes.'

Zenophilus said to Saturninus:

'Was the money laid before Silvanus?'

Saturninus said:

'It was laid before the Episcopal Chair.'

Zenophilus said to Nundinarius:

'By whom was the money taken away?'

Nundinarius said:

'The Bishops divided it among themselves.'

Zenophilus said to Nundinarius:

'Do you wish Donatus to be called?'

Nundinarius said:

'By all means let him come, for the people cried out about him two days after the Peace 97: "Hear us, O God, we wish for our fellow-citizen." '

Zenophilus said to Nundinarius:

'Is it certain the people cried out this?'

He answered: 

'Yes.'

Zenophilus said to Saturninus:

'Did they cry out that Silvanus was a Betrayer?' |372 

Saturninus said: 

'Yes.'

Nundinarius said:

'When he was made Bishop, we did not communicate with him because it was said that he was a Betrayer.'

Saturninus said:

'What he says is true.'

Nundinarius said:

'I saw Mutus the worker in the sand-quarries 98 carry him on his shoulders.99 '

Zenophilus said to Saturninus:

'Did it happen in this way?'

Saturninus said: 

'Yes, in this way.'

Zenophilus said:

'Is everything that Nundinarius says true----how Silvanus was made Bishop by the quarry-men?'

Saturninus said:

'It is all true.'

Nundinarius said:

'Common women were there.'

Zenophilus said to Saturninus:

'Did the quarry-men chair him?' |373 

Saturninus said:

'They and the populace carried him; the citizens were shut up in the Martyrs' Hall.' 100

Nundinarius the Deacon said:

'Were the people of God there?'

Saturninus said:

'They were shut up in the big shed.' 101

Zenophilus said:

'Is it certain that everything which Nundinarius says is true?'

Saturninus said:

'It is all true.'

Zenophilus said:

'And what do you say?'

Victor said:

'All is true, my Lord.'

Nundinarius said:

'Purpurius the Bishop took away a hundred pieces of money.'

Zenophilus said to Nundinarius:

'Of whom in your opinion ought we to ask questions about the four hundred pieces of money?'

Nundinarius said:

'Let Lucianus the Deacon be brought forward, for he knows everything.' |374 

Zenophilus said to Nundinarius:

'Do these men know about it?'

Nundinarius said: 

'No.'

Zenophilus said:

'Let Lucianus be brought forward.'

Nundinarius said:

'They do know that the four hundred pieces of silver were received, but they do not know that the Bishops shared them.'

Zenophilus said to Nundinarius 102 and to Victor:

'Do you know that the money was received from Lucilla?'

Saturninus and Victor said:

'We do know it.'

Zenophilus said:

'Did not the poor get it?'

They said:

'No one got anything.'

Zenophilus said to Saturninus and Victor:

'Was nothing taken away from the temple of Serapis?'

Saturninus and Victor said:

'Purpurius took away the casks, and Silvanus the Bishop, and Dontius and Superius the priests, and Lucianus the deacon, took away the vinegar.' |375 

Zenophilus said:

'By the answers of Victor the Grammarian and of Victor of Samsuricum and of Saturninus, it has been made clear that all the statements of Nundinarius are true. Let them be dismissed, and go their way.'

Zenophilus said:

'Who else is there that you think ought to be questioned?'

Nundinarius said:

'Castus the deacon, that he may tell us whether Silvanus is not a Betrayer, for he ordained him.'

And when Castus the deacon had been called in and sworn, Zenophilus said:

'What is your name?'

He answered: 

'Castus.'

Zenophilus said to Castus:

'What is your state of life?'

Castus said:

'I have no dignity.'

Zenophilus said to Castus:

'Although the charges of Nundinarius have now been admitted to be true, through the evidence of Victor the Grammarian, as well as through that of Victor of Samsuricum and of Saturninus, nevertheless, do you also tell us whether Silvanus is a Betrayer?'

Castus answered:

'He said that he found a lamp behind a tun.' |376 

Zenophilus said to Castus:

'Tell us also about the casks taken from the temple of Serapis and the vinegar.' 103

Castus answered:

'Purpurius the Bishop took away the casks.'

Zenophilus said:

'Who took the vinegar?'

Castus answered that Silvanus the Bishop and Dontius and Superius the priests took the vinegar out of the temple.

Zenophilus said to Castus:

'Tell us how many pieces of money Victor gave to be made priest.'

Castus said:

'He offered, my lord, a little money-bag,104 but what it held I know not.'

Zenophilus said to Castus:

'To whom was the bag given?'

Castus said:

'He took it with him to the big shed.'

Zenophilus said to Castus:

'Was not the money divided among the people?'

Castus answered:

'As far as I saw, it was not given to them.'  |377 

Zenophilus said to Castus:

'Did not the poor people 105 get any of the money which Lucilla had given?'

Castus said:

'I did not see anybody get anything.'

Zenophilus said to Castus:

'Where then did the money go?'

Castus said:

'I do not know.'

Nundinarius said:

'Surely you either heard or saw it, if it was said to the poor: "Lucilla, out of her substance, makes you also a present"?'

Castus said:

'I did not see anyone get anything.'

Zenophilus said:

'The evidence of Castus is quite clear, that he has no knowledge that the money which Lucilla gave was distributed among the people. So let him be dismissed.'

And when Crescentianus the subdeacon was called in and sworn, Zenophilus said:

'What is your name?'

He answered:

'Crescentianus.' 

Zenophilus said to Crescentianus:

'Tell us frankly, as the rest have done, whether you know that Silvanus is a Betrayer.' |378 

Crescentianus said:

'The clerics who were called before me have related everything.'

Zenophilus said to Crescentianus:

'What have they related?'

Crescentianus said:

'They related that he was a Betrayer.'

Zenophilus said to Crescentianus:

'Did they say that he was a Betrayer? And,' he added, 'Who said it?'

Crescentianus said:

'Those who lived with him among the people said that he had once betrayed.'

Zenophilus said:

'Did they say this of Silvanus?'

Crescentianus said:

'Yes.'

Zenophilus said to Crescentianus:

'Were you there when he was made Bishop?'

Crescentianus said:

'I was present with the people, but shut up in the big shed.'

Nundinarius the deacon said:

'The country people and quarry-men 106 made him Bishop.' |379 

Zenophilus said to Crescentianus:

'Is there no doubt that it was Mutus the quarry-man who carried him?'

He said:

'There is no doubt about it.'

Zenophilus said to Crescentianus:

'Is it within your knowledge that casks were taken away from the temple of Serapis?'

Crescentianus said:

'Several persons used to say that Bishop Purpurius himself took the casks and the vinegar, which came to our senior Bishop Silvanus,107 and the sons of Aelion said so.'

Zenophilus said to Crescentianus:

'What did you hear?'

Crescentianus said that the vinegar had been taken away by the senior Bishop Silvanus,108 and by Dontius and Superius the priests and Lucian the deacon.

Zenophilus said to Crescentianus:

'Did the people get any of the four hundred pieces of money, the gift of Lucilla?'

Crescentianus said:

'No one to my knowledge had any of it, nor do I know who spent the money.' |380 

Nundinarius said:

'Did no old women ever get any of it?'

Crescentianus said: 

'No.'

Zenophilus said:

'It is certain that whenever any gift of this kind is made, all the populace receive their part of it in public'

Crescentianus said:

'I neither heard nor saw that he gave any.'

Zenophilus said to Crescentianus:

'None then of the four hundred pieces of money were given to the people?'

Crescentianus said:

'None----otherwise surely some small trifle 109 would have come to us.'

Zenophilus said:

'Where then was the money taken?'

Crescentianus said:

'I do not know. No one got anything.'

Nundinarius said:

'How much money did Victor give to be made priest?'

Crescentianus said:

'I saw that he brought baskets with money in them.'

Zenophilus said to Crescentianus:

'To whom were the baskets given?' |381

Crescentianus said:

'To Silvanus the Bishop.'

Zenophilus said:

'Were they given to Silvanus?'

Crescentianus said:

'Yes, to Silvanus.'

Zenophilus said:

'Was nothing given to the people?'

He answered:

'Nothing. We too must have received something if the distribution had been made in the usual manner.'

Zenophilus said to Nundinarius:

'What else is there that you think should be asked of Crescentianus?'

Nundinarius said:

'His evidence is the very thing.110 Since Crescentianus the subdeacon has given his evidence frankly about everything, let him be dismissed.'

Then when Januarius the subdeacon was brought in and sworn, Zenophilus said:

'What is your name?' 

He answered:

(What followed in the manuscript is lost.) 


[Footnotes moved to the end and renumbered]

1. 1 Cf. Opt. i, 13, 14.

2. 1 Cf. Opt. i, 13: 'Homicida Purpurius Limatensis' etc.

3. 1 St. Augustine writes thus of Silvanus (con. Cresc. iii, 30): 'Qui cum Traditor fuisset, permanere etiam haereticus voluit, ut falsum honorem in parte Donati haberet, qui habere in Catholica nullum posset tam manifestos Traditionis suae gestis publico iudicio referatis.'

4. 1  Du Pin's heading.

5. 2  There is evidently something wanting here in the MS. scribente has been suggested. Also excipiente.

6. 3  inducto et applicito. Cf. Exod. xxii, 8: 'si latet fur, dominus domus applicabitur ad deos, et iurabit quod non extenderit manum in rem proximi sui.'

7. 4 vir clarissimus consularis. These words are always repeated after Zenophilus in the text. We shall omit them henceforth in the translation, as the repetition in English would be merely wearisome.

8. 1  in comitatu. Comitatus is the regular name for the Court of the Emperor. There are several instances in the fourth and fifth centuries of Canons of Carthage enacted against Bishops going ad comitatum----i.e. to curry favour at Ravenna.

9. 2  Victor was evidently in the Moorish Guard.

10. 3  Of Tigisis. St. Augustine often mentions him, speaking of him as Primate of Numidia, and telling us that he presided at the Council of Cirta.

11. 4 non recte.

12. 5 quoniam semper civitas nostra unam Ecclesiam habet. There was at this time only one Bishop at Cirta. But at the time of the first Conference of Carthage there were two Bishops there, Fortunatus sometimes called Fortunatianus (the Catholic) and Petilianus (the Donatist)----both of whose names figure amongst the eighteen elected Actores. We find that Petilianus complained that another Catholic Bishop named Delphinus (who was too ill to attend the Conference) was living 'in the middle of his Diocese.' St. Augustine tells us (Ep. cxxxix) that this Delphinus had been sent to Numidia by his fellow-Bishops on account of the needs of the Church. At the Conference of Carthage there was a passage of arms between Fortunatus and Petilianus. When the latter heard the name of the former read aloud, he cried out 'Ipse est persecutor Ecclesiae in eadem civitate ubi ego Episcopus sum.' To which Fortunatus was not slow to retort 'In eadem civitate ab haereticis omnia altaria confracta sunt' (Gesta Coll. Carthag. diei i, lxv; cxxxviii, cxxxix) ----so that there was not always harmony at Cirta.

13. 1  intermisso eo. This has been taken as referring to Caecilian. But these proceedings were not at Carthage, but in Numidia, so that eo probably should be understood of Felix of Aptunga.

14. 2  cuius innocentia purgata est. For purgata Masson reads probata ----but wrongly (cf. Coll. tert. Carthag. cap. dlxxi: 'Donatistarum prosecutio, qua dicunt praesentem Felicem debuisse purgari'; and cap. dlxiv: 'Prosecutio Catholicorum, maioris esse innocentiae documentum, quod absens purgatus est Felix'). St. Augustine also uses purgare in this sense (cf, Ep. clxii and Contra Cresconium Grammaticum iii, lxi).

15. 1 nam. So Ziwsa. The MS. has non. Masson reads num.

16. 2 Near Cirta.

17. 3 i.e. that you may not be put to the torture.

18. 1  Legis (sc. Catholicae). Cf. Acta Purgationis Felicis, p. 333.

19. 2  fossoribus. The fossores or grave-diggers were recognised Christian officials.

20. 1 urceola.

21. 2 cucumellum.

22. 3 cereofala.

23. 4 mafortea.

24. 5  coplas rusticanas.

25. 6 responsio vestra actis haeret.

26. 7  posteaquam in bibliothecis inventa sunt armaria inania. So the MSS. St. Augustine, however, referring to the passage, reads 'Posteaquam apertum est in bibliothecam' (con. Cresc. iii, 29) and again 'Posteaquam perventum est ad bibliothecam' (ibid. iv, 56). From these two passages Masson made up his reading, accepted by Du Pin, Posteaquam perventum est in bibliothecam. But, as Baluzius points out, the old reading may well stand, for bibliotheca here probably means bookcase. Thus Possidius in his life of St. Augustine (chapter xxxi) writes: 'Una cum bibliothecis libros.'

27. 8  capitulata. St. Augustine twice gives us the word 'capitulata' (Ep. clxv; con. Cresc. iii. 29); but once (con. Cresc. iv, 56) for. capitulatam he substitutes capsulam. Capsa is a box (e.g. for MS. rolls).

28. 9  post orcam. St. Augustine quoting this passage (con. Cresc. iii, 29) reads arcam.

29. 10  St. Augustine mentions this in three places (Ep. clxvii; contra Cresc. iii, 29, and iv, 56).

30. 1  quod hic fuit, totum hoc eiecimus. A colloquialism for 'Hoc quod eiecimus totum est.'

31. 2  triclinium. It is interesting to see that there was a dining-room attached to the church.

32. 3 dolia.

33. 4 orcae.

34. 1 Proditores, as contrasted with Traditores. They said that they might 'betray' (tradere) books, but they were no traitors to give up (prodere) their fellow-men.

35. 1 quiniones. Quinio, i.e. a gathering of five leaves. Most MSS. are formed of quaternions, i.e. of four leaves doubled, the smooth face of one to smooth face of the other, hair face to hair face. Usually the outside is hair face. In quinions and ternions it was necessary to have them alternately hair and smooth face outside. (The codices may have been of papyrus; but they are almost sure to have been of parchment, as papyrus was dearer and very brittle. Codices came into frequent use in the course of the third century, and paper rolls quickly became unusual. The old ones soon disappeared, as from eighty to a hundred years was a long life for a roll.)

36. 1 Bovi servo publico.

37. 2 epistulas Episcoporum ( = letters belonging to Bishops) facias a Forte.

38. 3 legit exemplar libelli traditi Episcopis a Nundinario diacono. The words exemplar libelli traditi Episcopis are wanting in the MS., no doubt through the carelessness of a copyist. They have been supplied from St. Augustine (con. Cresc. iii, 29). The MS. for legit has legitur, and it is thus printed by Ziwsa. Libellus is often used of a petition (e.g. those of heretics to Popes, or of Catholics to Popes against heretics), but it also often means a bill of accusation, as here.

39. 4 i.e. by himself.

40. 1  de quadringentis follibus. Ducange tells us that follis was 'genus monetae, apud Byzantinos potissimum.' He does not specify its relative value.

41. 2  Cf. Optatus i, 16; cf. S. Aug. Ep. clxii; con. Parmen. i, 3.

42. 3  folles viginti.

43. 4 exemplum epistulae.

44. 5 Purpurius of Limata in Numidia. St. Optatus accused him (i, 13), on the strength of the Acts of the Council of Cirta, of having murdered his sister's sons. These Acts have been preserved by St. Augustine (contra Cresconium iii, 27), where we read as follows: 'Secundus said to Purpurius of Limata: "It is said that you killed the two sons of your sister at Milevis." Purpurius answered him: "Do you think that I am terrified by you, like the rest? . . . I did kill them, and I kill those who act against me. So do not provoke me to say more!"' (Vide p. 418.)

45. 6 amputem.

46. 7 lapidatus. So St. Augustine understands it. But may it not perhaps be understood literally of stoning? Silvanus, no doubt, like Purpurius himself, was capable of anything.

47. 1  verum. Cf. Livy (Book xxxii): 'Ceterum et sociorum audiri postulata verum esse.'

48. 2  ecclesiasticos viros, id est men who belong to the Church, not heretics or schismatics. Purpurius means 'those who belong to our faction,' which he called the Church.

49. 3  ego scio quia auris non est, i.e. I write this to you all, because you know it already. I know there is no ear listening----no danger of the thing leaking out further. Du Pin, however, suggests sileo for scio.

50. 1 Cf. John vii, 24.

51. 2 Dei res agitur.

52. 3 vera sunt. This is the emendation of Du Pin for the vestra sunt of the MS., which Ziwsa preserves. 'Vestra' might mean 'The things in the Libellus are for you alone----tell nobody.' (Cf. supra Ego scio----I know that there is no eavesdropper.) But in the preceding letter of Purpurius, we have a parallel passage: 'Et scio, quia vera sunt.'

53. 4 Matt. xii, 37.

54. 5 Something evidently is missing here.

55. 6 Gal. iii, 15.

56. 7 ut possit res Dei cum gratiarum actione celebrari, cf. 'Dei res agitur' (supra).

57. 1  John xiv, 27.

58. 2   nam cum ego a milite essem ass .... separatus. In the MS. four letters are wanting. Dom John Chapman suggests that they arc us et (assus et), and I have translated this.

59. 3  et in illo venissem. This probably is corrupt. Ziwsa remarks 'Hic locus perobscurus medelam eludere videtur.' The sense seems sufficiently clear. Fortis came to the same pass as Silvanus, and gave up the books. In illo venit. He will not name the deed. Then he begged God's pardon and himself forgave Silvanus.

60. 4  cum iniuria tali. Fortis had been tortured, and at last had given way----so he says----if we are to believe him.

61. 5  et remisi tibi. He then forgave Silvanus, as he himself hoped to be forgiven.

62. 6  eorum, sive a te ad illos perductus sum. This is hopelessly corrupt. We seem to want something, like quomodo, sicut et tu, ad illud perductus sum; and so I have translated it, placing, however, the passage in square brackets.

63. 7  et vos reconciliamini pace, ut . . . possimus cum gaudio pacem celebrare. Pacem, that is the Peace of Easter. It is a play upon words, unless indeed for Pacem we should read Pascha, as below.

64. 8  There is here a lacuna of nine lines, at the end of which doubtless there were the usual introductory words for a new letter: Item alia recitata.

65. 1  lapidarentur. [Cf. n. 7, p. 359.]

66. 2  1 Cor. vi. 5, 6.

67. 3  vos nunc in iudicio contenditis. Ziwsa reads cum in iudicia non intenditis----that is 'when you do not give your minds to judgement.'

68. 4  ut cum Pace Pascha celebremus (cf. supra 'cum gaudio Pacem [Pascha (?)] celebrare').

69. 5  dabitis [operam] quamplurime, tu possessor Donati Presbyter. It is printed in this way by both Du Pin and Ziwsa. But Possessor must be here the proper name of a Bishop (cf. the famous eighth century African Bishop, whose letter to Pope Hormisdas, about Scythian monks, is well known).

70. 6 singuli.

71. 7  qui omnia scitis actum. Ziwsa reads acta for actum.

72. 8  date operam. Date takes up dabitis above----an anacoluthon. 

73. 9 fratri Silvano Sabinus. These words are not found in Ziwsa, nor are they in the MS. They were added by Baluzius, who writes 'certa est haec restitutio.' He says that Sabinus was a Numidian Bishop.

74. 1  The MS. has a play upon words, ad fratrem nostrum Fortem, fortem et gravem querelam referens. Ziwsa, however, (following Deutsch) omits the second fortem.

75. 2  Gravitati tuae.

76. 3  Si enim aedificium terrae structum sit, non additur quid caeleste, quod per manum sacerdotis aedificatur?

77. 4  1 Cor. i, 19.

78. 5 John iii, 19.

79. 6 sicuti et tu facis.

80. 7 Cf. Is. i, 16, 18.

81. 8 sic et tu fac.

82. 9  in pace tecum Pascha celebret.

83. 10  There is here a lacuna in the MS.

84. 11  certus sum peculiariter; It is thus punctuated by Ziwsa, but it seems to me that the semi-colon should rather be placed after sum, and that peculiariter belongs to coluisse in the next sentence.

85. 1 Silvanum te coluisse.

86. 2 Cf. Jer. xxxi, 3; 1 John iv, 9,

87. 3 impetu.

88. 4 ut per te fiat pinguissima pax.

89. 5 There is another lacuna here in the MS,

90. 1 We shall soon see that they wanted Donatus.

91. 1 tabulam argenteam.

92. 2 secundo petato quomodo hoc dimisit, ut duceremur ad Carthaginem. I have translated this sentence making Silvanus the subject of dimisit; in this case hoc dimisit = 'dismissed this matter' (i.e. escaped the penalty). But the magistrate may be the subject----' how it was that the magistrate discharged the matter----that is, that we should be led' etc. For petato Voelter (Der Ursprung des Donatismus, Freiburg 1883, p. 56) reads placito.

93. 3 capitulata.

94. 1 apud Constantinam.

95. 2 capitulata.

96. 3 de cupis fisci. We shall see that the casks were of vinegar. Fiscus denoted the imperial revenue, as opposed to the aerarium, the Senate's treasury,

97. 1 post Pacem ---- 'after the Peace' = after the cessation of persecution, when it was possible to elect a new Bishop.

98. 1  harenarius. Harenaria (less correctly arenaria) is a sand-pit, or a catacomb in sand, like those which lead into the Roman catacombs.

99. 2  tulit eum in collo.

100. 1  in area martyrum = 'Court of the Martyrs,' probably the atrium of a Church of the Martyrs.

101. 2  in casa maiore. A penthouse roof probably ran round the court, with pillars. The largest side would be the casa maior.

102. 1 Nundinario in MS. But this clearly is an error. It should be Saturnino.

103. 1  de cup as de fano at aceto (we may note the use of de with accusative and ablative in the same sentence).

104. 2  saccellum: hence the English word satchel.

105. 1 populus minutus = the people in 'reduced' circumstances, literally 'reduced people.'

106. 1 campeses et harenarii. Campeses for campenses.

107. 1  ad senem nostrum Silvanum. 'Senex' meant the senior Bishop of an African province, who was ipso facto Primate (as Secundus was of Numidia), except, of course, in Proconsularis, where Carthage had primacy. It appears that Silvanus was now senior Bishop of Numidia, unless senex is only an honorific title in the subdeacon's mouth ---- 'our venerable Silvanus.'

108. 2  a sene Silvano.

109. 1 aliqua partiuncula.

110. 1 ipsud est


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