leave them any legacy, though they were the nearest

relations.

The laws against heretics, collected in the Theodosian Code, stand as a shameful monument of the persecuting antichristian spirit, which brake out in the fourth century, and grew more and more violent in the fol lowing times.

It is the duty of historians to give an impartial and just account of such cruel proceedings, that people may be taught to love their liberties, civil and religious, and to beware of those who would strip them of these blessings, and also, ut qui insontes damnaverunt, ipsi causam dicant omnibus sæculis.

He ordered churches to be built where they were necessary, and even where they were not, as in places which were inhabited only by Jews, says Epiphanius, Hæer. xxx. 11.

He condemned those who should βλασφημῆσαι Χρισόν, speak evil of Christ, to lose half their estate, if we may credit Nicephorus, vii. 34. This was an imprudent and unreasonable law, giving too much encouragement to indiscreet over-zealous Christians, or busy informers, to accuse Jews or Pagans, or perhaps Heretics, of words spoken in the heat of dispute, or in common conversation. For the honour of Constantine, we will suppose either that this law was never made, or that it was made in terrorem, and never executed. Such decrees are beneath a prince, and only fit for an inquisitor-general.

Afterwards, under Constantius, the severity of the laws against Paganism was increased, and sacrificing, together with idolatrous worship, was made a capital crime, which without question filled the church with

new Christians, such as they were; for there is not, I think, one pagan upon record, who died a martyr for his religion in those days. Under Honorius, A. D. 408. we find a Pagan confessor, one Generidus, an officer in the Roman army, who threw up his commission, because he would not conform to Christianity; but the emperor could not well spare him, and so would not part with him. Zosimus L. v.

He made a law against heretics, by which he for bad them to have any conventicles, and to meet together in public or in private to perform acts of religion. Eusebius Vit. Const, iii, 64, 65. Sozom. ii. 32. This was mere insolent tyranny; and Eusebius deserves to be censured for having spoken favourably of it; and yet he is forced to own that it made many hypocritical conformists, and nominal catholics. A fine acquisition! But Constantine, by commanding armies in his youth, and by his success and victories, and by being master of the empire, got a royal and military habit and disposition of giving orders in a very absolute way, and had no just notion of religious toleration.

He also commanded that heretical books should be sought for and burnt.

He made a severe law against those who should embrace Judaism. This likewise was unreasonable. But we are not to conclude that all the laws of Christian emperors against paganism, heresy, and schism, were strictly executed. The contrary often appears: the Roman senate was much attached to idolatry, and Sozomen observes of Constantine, that he did not use to inflict all that he had threatened in his edicts, ii. 32. and several pagan writers, under

Christian

སྟེང་ རུ....ax

Christian emperors, declare themselves openly, and speak boldly enough in behalf of their old religion.

There is a law of Constantine, which shews that himself was not altogether free from pagan superstition, in which he orders the Haruspices to be consulted, if any public edifice was struck with lightning." See Le Clerc Bibl. A. et M. xxviii. 157. &c. Dacier on Horace Carm. I. ii. 3. Cod. Th. L. xvi. Tit. x. p. 257. and S. Basnage Ann. ii. 673, who endeavours to excuse the emperor. We may add to this, that a temple of the goddess Concord, being decayed by length of time, was repaired or rebuilt by Constantine, if we may trust to an inscription in Lilius Giraldus. Zosimus pretends that he built some temples at Constantinople.

Constantine was severe in his punishments, which shews that by temper he was disposed to cruelty. If any civil officer drew a matron out of her house by violence, he decreed that he should be punished not only capitali poena, but exquisitis supplicis, i. e. says Gothofred, that he should be burnt alive. Cod. Th, L. i. Tit. x. p. 57, 58. He appointed this punish

ment for various offences. See Cod. Th. L. x. Tit.

iv.

p. 406. Vivicomburii porro pænam et aliis pluribus constitutionibus, et facinoribus facile imposuit Constantinus: quomodo et alias idem in exacerbandis pœnis aliquando nimius fuit. Gothofred.

To burn men alive became thenceforward a very common punishment, to the disgrace of Christianity. At last it was thought too cruel for traitors, murderers, poisoners, parricides, &c. and only fit for heretics. One cannot help charging Constantine both with absurdity and with hypocrisy on this occasion. He thought it a barbarous thing to brand a malefactor in

the

the cheek or on the forehead, and he made no scruple to burn him at a stake!

The military laws enacted by him and his successors are pretty severe, and burning alive was one of the punishments for greater offences.

Perhaps it is impossible to keep up military discipline without rigour; but certain it is that the case of soldiers and sailors hath been frequently most deplor able, in their being so often subject to the arbitrary insolence of men who had not so much humanity as a wolf or a tiger; for a brute, when his hunger is satisfied, is not mischievous, but men who are cruel, are so, full and fasting.

The Christians, being blessed with an emperor of their own religion, were of opinion that the Divine Providence had in a signal manner appeared in raising up and protecting Constantine, and in destroying the enemies of the church. There is usually much rashness and presumption in pronouncing that the calamities of sinners are particular judgments of God; yet if from sacred and profane, from ancient and modern historians, a collection were made of all the cruel persecuting tyrants, who delighted in tormenting their fellow-creatures, and who died not the common death of all men, nor were visited after the visitation of all men, but whose plagues were horrible and strange, even a sceptic would be moved at the evi dence, and would be apt to suspect that it was Jãóy ti, that the hand of God was in it. But the case of the persecuting emperors and princes is still more particular, if we consider, first, the matter of fact, and, secondly, the prophecies concerning it.

Herod the Great was the first persecutor of Christianity, as he attempted to destroy Christ in his in

fancy,

"

no

As to the

fancy, and for that wicked end slew the male children at Bethlehem. The miseries which befel this inhuman tyrant and his family are recorded by Josephus, and his calamitous death, and long and grievous sufferings before it, by a burning fever, a voracious appetite, a difficulty of breathing, swellings in his limbs, loathsome ulcers within and without, breeding lice and worms; violent torments and convulsions; so that he endeavoured to kill himself, but was restrained by his friends. The Jews thought these evils to be divine judgments upon him for his wickedness.

the

space

He left a numerous family of children and grandchildren, though he had put some to death, which in of about an hundred years was extinct. Herod Antipas, who beheaded John the Baptist, and treated Christ contemptuously, when he was brought before him, was defeated by Aretas an Arabian king, and afterwards had his dominions taken from him, and was sent into banishment, along with his infamous wife Herodias, by the Emperor Caius.

"Of [Salome] the daughter of Herodias, it is re"lated, that she going over the ice in the winter, the “ice brake, and she slipt in up to the head, which at "last was severed from her body by the sharpness of "the ice; idque non sine Dei numine, God requiring "her head for that of the Baptist's she desired; "which, if true, was a wonderful providence." Whitby on Matt, xiv.

Whitby did well to say, if true; for the story hath the air of a legend, was unknown to the ancients, can boast no better vouchers than Nicephorus and * Metaphrastes,

As to this Compiler, we cannot help observing that he was not used according to his deserts by his contemporaries. The man's name