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 from the possession of honorable 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 Manichaean 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, ^49 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. ^50
[Footnote 48: See the Theodosian Code, l. xvi. tit. v. leg. 6 - 23, with Godefroy's commentary on each law, and his general summary, or Paratitlon, tom vi. p. 104 - 110.]
[Footnote 49: They always kept their Easter, like the Jewish Passover, on the fourteenth day of the first moon after the vernal equinox; and thus pertinaciously opposed the Roman Church and Nicene synod, which had fixed Easter to a Sunday. Bingham's Antiquities, l. xx. c. 5, vol. ii. p. 309, fol. edit.]
[Footnote 50: Sozomen, l. vii. c. 12.]
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, ^51 a recent sect of heretics, who disturbed the provinces of Spain, was transferred, by appeal, from the synod of Bordeaux to the Imperial consistory of Treves; and by the sentence of the Praetorian praefect,