The Inquisition. E. Vacandard
whether it merely differed from the orthodox faith in some minor detail, or whether it resulted in a social upheaval. The penalties differed in severity; i.e., exile, confiscation, the inability to transmit property. There were different degrees of exile; from Rome, from the cities, from the Empire. The legislators seemed to think that some sects would die out completely, if they were limited solely to country places. But the severer penalties, like the death penalty, were reserved for those heretics who were disturbers of the public peace, e.g., the Manicheans and the Donatists. The Manicheans, with their dualistic theories, and their condemnation of marriage and its consequences, were regarded as enemies of the State; a law of 428 treated them as criminals "who had reached the highest degree of rascality."
The Donatists, who in Africa had incited the mob of Circumcelliones to destroy the Catholic churches, had thrown that part of the Empire into the utmost disorder. The State could not regard with indifference such an armed revolution. Several laws were passed, putting the Donatists on a par with the Manicheans, and in one instance both were declared guilty of the terrible crime of treason. But the death penalty was chiefly confined to certain sects of the Manichcans. This law did not affect private opinions (except in the case of the Encratites, the Saccophori, and the Hydroparastatæ), but only those who openly practiced this heretical cult. The State did not claim the right of entering the secret recesses of a man's conscience. This law is all the more worthy of remark, inasmuch as Diocletian had legislated more severely against the Manicheans in his Edict of 287: "We thus decree," he writes Julianus, "against those men, whose doctrines and whose magical arts you have made known to us: the leaders are to be burned with their books, their followers are to be put to death, or sent to the mines." In comparison with such a decree, the legislation of the Christian Emperors was rather moderate.
It is somewhat difficult to ascertain how far these laws were enforced by the various Emperors. Besides, we are only concerned with the spirit which inspired them. The State considered itself the protector of the Church, and in this capacity placed its sword at the service of the orthodox faith. It is our purpose to find out what the churchman of the day thought of this attitude of the State.
The religious troubles caused chiefly by three heresies, Manicheism, Donatism, and Priscillianism, gave them ample opportunity of expressing their opinions.
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The Manicheans, driven from Rome and Milan, took refuge in Africa. It must be admitted that many of them by their depravity merited the full severity of the law. The initiated, or the elect, as they were called, gave themselves up to unspeakable crimes. A number of them on being arrested at Carthage confessed immoral practices that would not bear repetition, and this debauchery was not peculiar to a few wicked followers, but was merely the carrying out of the Manichean ritual, which other heretics likewise admitted.[1]
[1] Augustine, De hæresibus, Hæres, 46.
The Church in Africa was not at all severe in its general treatment of the sect. St. Augustine, especially, never called upon the civil power to suppress it. For he could not forget that he himself had for nine years (373–382), belonged to this sect, whose doctrines and practices he now denounced. He writes the Manicheans: "Let those who have never known the troubles of a mind in search of the truth proceed against you with vigor. It is impossible for me to do so, because for years I was cruelly tossed about by your false doctrines, which I advocated and defended to the best of my ability. I ought to bear with you now, as men bore with me when I blindly accepted your doctrines."[1] All he did was to hold public conferences with their leaders, whose arguments he had no difficulty in refuting.[2]
[1] Contra epistolam Manichæi quam vocant Fundamenti, n. 2, 3.
[2] Cf. Dom Leclerc, L'Afrique Chrétienne, Paris, 1904, vol. ii, pp. 113–122.
The conversions obtained in this way were rather numerous, even if all were not equally sincere. All converts from the sect were required, like their successors, the Cathari of the Middle Ages, to denounce their brethren by name, under the threat of being refused the pardon which their formal retraction merited. This denunciation was what we would call to-day "a service for the public good." We, however, know of no case in which the Church made use of this information to punish the one who had been denounced.
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Donatism (from Donatus, the Bishop of Casæ Nigræ in Numidia) for a time caused more trouble to the Church than Manicheism. It was more of a schism than a heresy. The election to the see of Carthage of the deacon Caecilian, who was accused of having handed over the Scriptures to the Roman officials during the persecution of Diocletian, was the occasion of the schism. Donatus and his followers wished this nomination annulled, while their opponents defended its validity. Accordingly, two councils were held to decide the question, one at Rome (313), the other at Arles (314). Both decided against the Donatists; they at once appealed to the Emperor, who confirmed the decrees of the two councils (316). The schismatics in their anger rose in rebellion, and a number of them known as Circumcelliones went about stirring the people to revolt. But neither Constantine nor his successors were inclined to allow armed rebellion to go unchallenged. The Donatists were punished to the full extent of the law. They had been the first, remarks St. Augustine, to invoke the aid of the secular arm. "They met with the same fate as the accusers of Daniel; the lions turned against them."[1]
[1] Ep. clxxxv, n. 7.
We need not linger over the details of this conflict, in which crimes were committed on both sides. The Donatists, bitterly prosecuted by the State, declared its action cruel and unjust. St. Optatus thus answers them: "Will you tell me that it is not lawful to defend the rights of God by the death penalty? … If killing is an evil, the guilty ones are themselves the cause of it."[1] "It is impossible," you say, "for the State to inflict the death penalty in the name of God,"—But was it not in God's name that Moses,[2] Phinees,[3] and Elias[4] put to death the worshippers of the golden calf, and the apostates of the Old Law?—"These times are altogether different," you reply; "the New Law must not be confounded with the Old. Did not Christ forbid St. Peter to use the sword?"[5] Yes, undoubtedly, but Christ came to suffer, not to defend Himself.[6] The lot of Christians is different from that of Christ.
[1] De Schismate Donatistarum, lib. iii. cap. vi.
[2] Exod. xxxii. 28.
[3] Numb. xxv. 7–9.
[4] 3 Kings xviii. 40.
[5] John xviii. 11.
[6] De Schismate Don., cap. vii.
It is in virtue, therefore, of the Old Law that St. Optatus defends the State's interference in religious questions, and its infliction of the death penalty upon heretics. This is evidently a different teaching from the doctrine of toleration held by the Fathers of the preceding age. But the other bishops of Africa did not share his views.
In his dealings with the Donatists, St. Augustine was at first absolutely tolerant, as he had been with the Manicheans. He thought he could rely upon their good faith, and conquer their prejudices by an honest discussion. "We have no intention," he writes to a Donatist bishop, "of forcing men to enter our communion against their will. I am desirous that the State cease its bitter persecution, but you in turn ought to cease terrorizing us by your band of Circumcelliones. … Let us discuss our differences from the standpoint of reason and the sacred Scriptures."[1]
[1] Ep. xxiii, n. 7.
In one of his works, now lost, Contra partem Donati, he maintains that it is wrong for the State to force schismatics to come back to the Church.[1] At the most, he was ready to admit the justice of the law of Theodosius, which imposed a fine of ten gold pieces upon those schismatics who had committed open acts of violence. But no man was to be punished by the state for private heretical opinions.[2]
[1] Retract. lib. II, cap. v.
[2] Ep. clxxxv, n. 25.
The imperial laws were carried out in some cities of North Africa, because many of St. Augustine's colleagues did not share his views. Many Donatists were brought back to the fold by these vigorous measures. St. Augustine, seeing that in some cases the use of force proved