It was not enough that Theodosius had suppressed the insolent reign of Arianism, or that he had abundantly revenged the injuries which the Catholics sustained from the zeal of Constantius and Valens. The orthodox emperor considered every heretic as a rebel against the supreme powers of heaven, and of earth; and each of those powers might exercise their peculiar jurisdiction over the soul and body of the guilty. The decrees of the council of Constantinople had ascertained the true standard of the faith; and the ecclesiastics who governed the conscience of Theodosius suggested the most effectual methods of persecution. In the space of fifteen years, he promulgated at least fifteen severe edicts against the heretics; Ref. 051 more especially against those who rejected the doctrine of the Trinity; and to deprive them of every hope of escape, he sternly enacted that, if any laws or rescripts should be alleged in their favour, the judges should consider them as the illegal productions either of fraud or forgery. The penal statutes were directed against the ministers, the assemblies, and the persons of the heretics; and the passions of the legislator were expressed in the language of declamation and invective. I. The heretical teachers, who usurped the sacred titles of Bishops or Presbyters, were not only excluded from the privileges and emoluments so liberally granted to the orthodox clergy, but they were exposed to the heavy penalties of exile and confiscation, if they presumed to preach the doctrine, or to practise the rites, of their accursed sects. A fine of ten pounds of gold (above four hundred pounds sterling) was imposed on every person who should dare to confer, or receive, or promote an heretical ordination: and it was reasonably expected that, if the race of pastors could be extinguished, their helpless flocks would be compelled by ignorance and hunger to return within the pale of the Catholic church. II. The rigorous prohibition of conventicles was carefully extended to every possible circumstance in which the heretics could assemble with the intention of worshipping God and Christ according to the dictates of their conscience. Their religious meetings, whether public or secret, by day or by night, in cities or in the country, were equally proscribed by the edicts of Theodosius; and the building or ground which had been used for that illegal purpose was forfeited to the Imperial domain. III. It was supposed that the error of the heretics could proceed only from the obstinate temper of their minds; and that such a temper was a fit object of censure and punishment. The anathemas of the church were fortified by a sort of civil excommunication, which separated them from their fellow-citizens by a peculiar brand of infamy; and this declaration of the supreme magistrate tended to justify, or at least to excuse, the insults of a fanatic populace. The sectaries were gradually disqualified for the possession of honourable or lucrative employments; and Theodosius was satisfied with his own justice, when he decreed that, as the Eunomians distinguished the nature of the Son from that of the Father, they should be incapable of making their wills or of receiving any advantage from testamentary donations. The guilt of the Manichæan heresy was esteemed of such magnitude that it could be expiated only by the death of the offender; and the same capital punishment was inflicted on the Audians, or Quartodecimans, Ref. 052 who should dare to perpetrate the atrocious crime of celebrating, on an improper day, the festival of Easter. Every Roman might exercise the right of public accusation; but the office of Inquisitors of the Faith, a name so deservedly abhorred, was first instituted under the reign of Theodosius. Yet we are assured that the execution of his penal edicts was seldom enforced; and that the pious emperor appeared less desirous to punish than to reclaim, or terrify, his refractory subjects. Ref. 053
The theory of persecution was established by Theodosius, whose justice and piety have been applauded by the saints; but the practice of it, in the fullest extent, was reserved for his rival and colleague Maximus, the first, among the Christian princes, who shed the blood of his Christian subjects on account of their religious opinions. The cause of the Priscillianists, Ref. 054 a recent sect of heretics, who disturbed the provinces of Spain, was transferred, by appeal, from the synod of Bourdeaux to the Imperial consistory of Treves; and, by the sentence of the Prætorian prefect, seven persons were tortured, condemned, and executed. The first of these was Priscillian Ref. 055 himself, bishop of Avila, Ref. 056 in Spain; who adorned the advantages of birth and fortune by the accomplishments of eloquence and learning. Two presbyters and two deacons accompanied their beloved master in his death, which they esteemed as a glorious martyrdom; and the number of religious victims was completed by the execution of Latronian, a poet, who rivalled the fame of the ancients; and of Euchrocia, a noble matron of Bourdeaux, the widow of the orator Delphidius. Ref. 057 Two bishops, who had embraced the sentiments of Priscillian, were condemned to a distant and dreary exile; Ref. 058 and some indulgence was shown to the meaner criminals who assumed the merit of an early repentance. If any credit could be allowed to confessions extorted by fear or pain, and to vague reports, the offspring of malice and credulity, the heresy of the Priscillianists would be found to include the various abominations of magic, of impiety, and of lewdness. Ref. 059 Priscillian, who wandered about the world in the company of his spiritual sisters, was accused of praying stark naked in the midst of the congregation; and it was confidently asserted that the effects of his criminal intercourse with the daughter of Euchrocia had been suppressed by means still more odious and criminal. But an accurate, or rather a candid, inquiry will discover that, if the Priscillianists violated the laws of nature, it was not by the licentiousness, but by the austerity, of their lives. They absolutely condemned the use of the marriage-bed; and the peace of families was often disturbed by indiscreet separations. They enjoined, or recommended, a total abstinence from all animal food; and their continual prayers, fasts, and vigils inculcated a rule of strict and perfect devotion. The speculative tenets of the sect, concerning the person of Christ and the nature of the human soul, were derived from the Gnostic and Manichæan system; and this vain philosophy, which had been transported from Egypt to Spain, was ill adapted to the grosser spirits of the West. The obscure disciples of Priscillian suffered, languished, and gradually disappeared: his tenets were rejected by the clergy and people, but his death was the subject of a long and vehement controversy; while some arraigned, and others applauded, the justice of his sentence. It is with pleasure that we can observe the humane inconsistency of the most illustrious saints and bishops, Ambrose of Milan, Ref. 060 and Martin of Tours; Ref. 061 who, on this occasion, asserted the cause of toleration. They pitied the unhappy men, who had been executed at Treves; they refused to hold communication with their episcopal murderers; and, if Martin deviated from that generous resolution, his motives were laudable, and his repentance was exemplary. The bishops of Tours and Milan pronounced, without hesitation, the eternal damnation of heretics; but they were surprised, and shocked, by the bloody image of their temporal death, and the honest feelings of nature resisted the artificial prejudices of theology. The humanity of Ambrose and Martin was confirmed by the scandalous irregularity of the proceedings against Priscillian and his adherents. The civil and ecclesiastical ministers had transgressed the limits of their respective provinces. The secular judge had presumed to receive an appeal, and to pronounce a definitive sentence, in a matter of faith and episcopal jurisdiction. The bishops had disgraced themselves by exercising the function of accusers in a criminal prosecution. The cruelty of Ithacius, Ref. 062 who beheld the tortures, and solicited the death, of the heretics, provoked the just indignation of mankind; and the vices of that profligate bishop