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. xvi. tit. 5, leg. 2. As the general law is not inserted in the Theodosian Code, it probable that, in the year 438, the sects which it had condemned were already extinct.] [Footnote 5: Sozomen, l. i. c. 22. Socrates, l. i. c. 10. These historians have been suspected, but I think without reason, of an attachment to the Novatian doctrine. The emperor said to the bishop, "Acesius, take a ladder, and get up to heaven by yourself." Most of the Christian sects have, by turns, borrowed the ladder of Acesius.] The complaints and mutual accusations which assailed the throne of Constantine, as soon as the death of Maxentius had submitted Africa to his victorious arms, were ill adapted to edify an imperfect proselyte. He learned, with surprise, that the provinces of that great country, from the confines of Cyrene to the columns of Hercules, were distracted with religious discord. [6] The source of the division was derived from a double election in the church of Carthage; the second, in rank and opulence, of the ecclesiastical thrones of the West. Caecilian and Majorinus were the two rival prelates of Africa; and the death of the latter soon made room for Donatus, who, by his superior abilities and apparent virtues, was the firmest support of his party. The advantage which Caecilian might claim from the priority of his ordination, was destroyed by the illegal, or at least indecent, haste, with which it had been performed, without expecting the arrival of the bishops of Numidia. The authority of these bishops, who, to the number of seventy, condemned Caecilian, and consecrated Majorinus, is again weakened by the infamy of some of their personal characters; and by the female intrigues, sacrilegious bargains, and tumultuous proceedings, which are imputed to this Numidian council. [7] The bishops of the contending factions maintained, with equal ardor and obstinacy, that their adversaries were degraded, or at least dishonored, by the odious crime of delivering the Holy Scriptures to the officers of Diocletian. From their mutual reproaches, as well as from the story of this dark transaction, it may justly be inferred, that the late persecution had imbittered the zeal, without reforming the manners, of the African Christians. That divided church was incapable of affording an impartial judicature; the controversy was solemnly tried in five successive tribunals, which were appointed by the emperor; and the whole proceeding, from the fi
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