He was then conducted to the Emperor at Treves, where he was tried before a secular court, bishops Idacius and Ithacius appearing as his accusers. St. Martin, who was in Treves at the time, was scandalized that a purely ecclesiastical matter should be tried before a secular judge. His biographer, Sulpicius Severus, tells us "that he kept urging Ithacius to withdraw his accusation." He also entreated Maximus not to shed the blood of these unfortunates, for the bishops could meet the difficulty by driving the heretics from the churches. He asserted that to make the State judge in a matter of doctrine was a cruel, unheard-of violation of the divine law.
As long as St. Martin remained in Treves, the trial was put off, and before he left the city, he made Maximus promise not to shed the blood of Priscillian and his companions. But soon after St. Martin's departure, the Emperor, instigated by the relentless bishops Rufus and Magnus, forgot his promise of mercy, and entrusted the case to the prefect Evodius, a cruel and hard-hearted official. Priscillian appeared before him twice, and was convicted of the crime of magic. He was made to confess under torture that he had given himself up to magical arts, and that he had prayed naked before women in midnight assemblies. Evodius declared him guilty, and placed him under guard until the evidence had been presented to the Emperor. After reading the records of the trial, Maximus declared that Priscillian and his companions deserved death. Ithacius, perceiving how unpopular he would make himself with his fellow-bishops, if he continued to play the part of prosecutor in a capital case, withdrew. A new trial was therefore ordered. This subterfuge of the Bishop did not change matters at all, because by this time the case had been practically settled. Patricius, the imperial treasurer, presided at the second trial. On his findings, Priscillian and some of his followers were condemned to death. Others of the sect were exiled.
This deplorable trial is often brought forward as an argument against the Church. It is important, therefore, for us to ascertain its precise character, and to discover who was to blame for it.
The real cause of Priscillian's condemnation was the accusation of heresy made by a Catholic bishop. Technically, he was tried in the secular courts for the crime of magic, but the State could not condemn him to death on any other charge, once Ithacius had ceased to appear against him.
It is right, therefore, to attribute Priscillian's death to the action of an individual bishop, but it is altogether unjust to hold the Church responsible.[1]
[1] Bernays, Ueber die Chronik des Sulp. Sev., Berlin, 1861, p. 13, was the first to point out that Priscillian was condemned not for heresy, but for the crime of magic. This is the commonly received view to-day.
In this way contemporary writers viewed the matter. The Christians of the fourth century were all but unanimous, says an historian,[1] in denouncing the penalty inflicted in this famous trial. Sulpicius Severus, despite his horror of the Priscillianists, repeats over and over again that their condemnation was a deplorable example; he even stigmatizes it as a crime. St. Ambrose speaks just as strongly.[2] We know how vehemently St. Martin disapproved of the attitude of Ithacius and the Emperor Maximus; he refused for a long time to hold communion with the bishops who had in any way taken part in the condemnation of Priscillian.[3] Even in Spain, where public opinion was so divided, Ithacius was everywhere denounced. At first some defended him on the plea of the public good, and on account of the high authority of those who judged the case. But after a time he became so generally hated that, despite his excuse that he merely followed the advice of others, he was driven from his bishopric.[4] This outburst of popular indignation proves conclusively that, if the Church did call upon the aid of the secular arm in religious questions, she did not authorize it to use the sword against heretics.
[1] Puéch, Journal des Savants, May 1891, p. 250.
[2] Cf. Gams, Kirchengeschichte von Spanien, vol. ii. p. 382.
[3] Sulpicius Severus, Dialogi iii, 11-13.