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LETTER 9* Introduction This brief memorandum, directed to Augustine's episcopal colleague and closest confidant, Alypius, bishop of Thagaste, concerns yet another incident of violence. It seems that a prominent layman, someone holding a position ofhonor ("honor vel curiae velfori," section 2) had abducted and raped a nun (sanctimonialis). Further this had taken place in a church where he had carried on in other ways as well. When some members ofthe clergy discovered this, they attacked and beat the man. He later protested to Pope Celestine thatclerics had no right to inflict corporal punishment (especially not on someone of his rank). The Pope insisted that the clerics bejudged and punished. Apparently bishop Alypius was to be a judge in the case. Augustine stressed that the primary need was to clarify the facts of the case as the first order of business. Augustine himself questioned one of those involved, a priest named Commodianus, otherwise unknown, who had denied any knowledge of the beating. His role is not clear unless he was one of those who discovered what was going on in church. Pietri presumes that Commodianus was the rapist. I I presume rather with Primmer2 that this is not the case though I grant that the text is not crystal clear. If Commodianus were the culprit and had complained to Celestine about the beating, why would he now tell Augustine that he knew nothing about the beating? Further, such an identification would presume that the priest Commodianus was also a man of superior socia! and civil rank, something that, while not impossible, is unlikely.3 This letter also gives another instance of Roman intervention in the affairs of the African Church in what would seem to be a very minor affair. The history of the various Roman interventions during Augustine's episcopate betrays an ambivalence of feeling on the African side:1 In the Pelagian controversy, Augustine and his colleagues implored Pope Innocent to confirm their renewed condemnation 1. Charles Pietri, Colloq, pp. 343-354. 2. Adolf Primmer, Col/oq, pp. 43-83. esp. pp. (i1-64. 3. Claude Lepelley, "Notes complementaires" on Letter 9*, pp. 462-4(iS· (Concerning legal privileges of the upper classes and the legal questions involved when evidence has been concealed by the plaintiff.) BA 46B. 4. Charles Munier, Colloq, pp. 287-299. 69 70 SAINT AUGUSTINE of Pelagius and his teachings, but were angry when Zosimus, his successor, seemed to hedge. In the Apiarius affair, on the other hand, the African reaction was cool. Here too one has the impression that Augustine thinks that once again the bishop of Rome has come down too quickly on the side of the petitioner without first ascertaining all the facts. In this case, Augustine is sure that the plaintiff has neglected to mention the reason for the beating, his rape of a nun in church. He is indignant at this incident and, in general, at the Church's powerlessness to punish those who perpetrate outrages and sacrileges . Excommunication is a potent weapon only against those who are basically concerned Christians. But many are not Christians at all or only in name. Civil penalties that might be applied effectively in such cases frequently are not applied at all, especially not against those who have influence. Augustine seems genuinely to sympathize with the rage and indignation of the clerics who did the beating. Something must be done, he says, to put the fear of God (or at least, of the Church) into the arrogant. Augustine trusts ultimately that Alypius and his tribunal will see to it that the full truth comes out. Date Celestine was Pope from 422 to 432. Augustine died in 430. That narrows the time down to 422-430. Celestine became Pope in September , 422. If we could be more certain of the times when Alypius was on missions in Italy we might narrow things down more since the present exchange ofmemoranda seems to show Alypius' presence in Africa. The new letters seem to require Alypius' presence in Italy in 427. Thus we might narrow down the time to either 423-426 or, if Alypius' recent visit to Italy brought him the commission to investigate and judge the case, perhaps 428. An argument against the later period is that Alypius, by seniority, became primate of Numidia about this time but he is not addressed as such in this letter. A memorandum to his holy brother Alypius, Augustine: RECEIVED THE MEMORANDUM from your Holiness on August 26 and...

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