Augustine Epistle 105.8

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Bear in mind that your earliest predecessors referred the case of Caecilian to the emperor Constantine. Ask us to prove this to you, and if we do not prove it, do with us whatever you can. But because Constantine did not dare to pronounce judgment on the case of a bishop, he delegated it to other bishops to be examined and settled. And this was done in the city of Rome with Malchiades, the bishop of that church, presiding along with many of his colleagues. After he declared Caecilian innocent and imposed a sentence upon Donatus, who produced a schism at Carthage, your predecessors again came to the emperor and complained concerning the judgment of the bishops in which they lost. How, after all, can a bad litigant praise the judges by whose judgment he lost? The most clement emperor, nonetheless, again granted them judges in Arles, a city of Gaul, and your predecessors appealed from them to the emperor until he himself heard the case and declared Caecilian innocent and the others slanderers. Nor did they quiet down after having lost so many times, but they annoyed the emperor with daily appeals concerning Felix of Aptungi, by whom Caecilian was ordained and they said that he was a traditor and that, for this reason, Caecilian could not be a bishop because he was ordained by a traitor.