observed by the judges, defensors, and curiales of every city, that the officers having discovered any fact, shall immediately bring it before the judges: and they shall forthwith see to the exe'cution of the penalty. But if the defensors and curiales shall conceal any thing through 'favour, or carelessness, they shall be punished by the judges: and if the judges, after information received from the officers, shall take no notice of it, or defer punishment, they shall be fined in the sum of xxx pounds of gold; and their officers shall be liable to the same penalty. • Given at Constantinople, the eighth day of November: Arcadius being the second time, and • Rufinus consuls:' that is, in the year 392. That is a prolix edict; I once intended to abridge it, and make remarks: but now I have transcribed it at length, almost entire, that my readers may themselves make remarks. This law of Theodosius is inserted at length in an English version by Cave in his Introduction of which version I also have made some use. 8. In the year 399 was published by Arcadius a law for destroying temples in country places. If there are any temples in the fields, let them be destroyed without noise and tumult. For these being thrown down, and taken away, all occasion of superstition will be removed.' I do not take all the imperial laws issued about this time, relating to Gentile worship. I omit several. с 9. By a law of Theodosius the younger, in the year 316: They who are polluted with the profane error of Gentilism are excluded from military power, and judicial authority.' 10. In the year 423 is a law of the same Theodosius to this purpose: Let the laws al'ready enacted have their full force upon the Pagans that remain: though we rather think that there are none left.' 11. Again, in the same year: If any of the Pagans that remain are found offering execrable sacrifices to dæmons, let them be punished with banishment and confiscation of goods, though they ought to suffer capital punishment.' 12. In the year 426 was promulgated another law of the same Theodosius, and very severe : 'forbidding' all Pagan oblations and sacrifices, ordering their chapels, temples, and consecrated places, if any yet remained, to be destroyed by the authority of the magistrate: or that they should be expiated by placing in them the venerable sign of the Christian religion. And if any are convicted before a competent judge of having sacrificed contrary to this law, they are to suffer death." Theodoret, who lived in the time of this emperor, and concluded his history at the year of Christ 429, says that, he commanded all the temples of idols which yet remained to be de'stroyed to the foundation, that they who shall live after us may not see so much as the traces of the former ancient error.' Ꮒ 13. Nevertheless after all, Gentilism still subsisted, though their temples, for the most part, had been long since shut up, or destroyed. For there is a severe law of Valentinian the third, and Marcian, in the year 514: forbidding all heathen sacrifices, and oblations of frankincense ⚫ and wine, and adorning images with garlands, and all the rites of the ancient superstition in 'general.' I put below Pagi's observations upon this law. a P. lxvii. lxviii. b Si qua in agris templa sunt, sine turbâ ac tumultu diruantur. His enim dejectis atque sublatis, omnis superstitionis materia consumetur. Eod. Tit, 1. 16. Tom. 6. p. 283. c Qui profano Pagani ritûs errore seu crimine polluuntur, hoc est, Gentiles, nec ad militiam admittantur, nec administratoris vel judicis honore decorentur. Eod. Tit. 1. 21. T. 6. p. 293. d Paganos, qui supersunt, quamquam jam nullos esse credamus, promulgatarum legum jamdudum præscripta compescant. Eod. Tit. 1. 22. T. 6. p. 294. • Paganos, qui supersunt, si aliquando in exsectandis dæmonum sacrificiis fuerint comprehensi, quamvis capitali pœnæ subdi debuerint, bonorum proscriptione et exilio coërceri. Eod. Tit. 1. 23. T. 6. p. 294. f Omnibus scelerata mentis Paganæ exsecrandis hostiarum inimolationibus, damnandisque sacrificiis, cæterisque antiquarum sanctionum auctoritate prohibitis, interdici- Ap. Baron. ann. 451. num. 161, 162. Denique Gentilismi reliquiæ in totum suppressæ anno 451 edicto Valentiniani III. et Marciani, ut legere est eo anno in Annalibus numero ult. Pagi ann. 389. xv. I recite here no more laws of Christian emperors relating to Gentilism. It is a dull part of my work but I thought it incumbent on me not to omit it entirely, that my readers may be able to judge for themselves concerning this point, as well as others. Some more like laws may come before us hereafter, and be mentioned occasionally. And now some will be disposed to make observations upon what we have just seen. 1.. The period of twenty years, or five-and-twenty years, as it is sometimes called by learned men, from the death of Constantius, to the accession of Theodosius, or thereabout, when the Gentiles were treated with much mildness, and few laws were issued against them, is remarkable. 2. Possibly we here see the ground of the great animosity of Zosimus, and other Gentile writers, against Constantine and Theodosius above all other Christian emperors. Constantine was the first of the Roman emperors who forsook Gentilism, and embraced Christianity. And in the latter part of his reign divers heathen temples were destroyed, and sacrifices were forbidden which law against sacrificing subsisted in force under his sons; who likewise issued divers severe laws against the Gentiles. And again, after the interval of the reign of Julian, and a season of great mildness and moderation under his immediate successors, in the reign of Theodosius old laws against Gentilism were revived, and more added to them. And the conduct of Theodosius was imitated by his sons, and their successors after them. These things may have occasioned the great animosity of Gentile writers against the two fore-mentioned emperors. 3. I think it must be allowed that the laws against Gentilism which I have just rehearsed, were not rigorously executed. But of this we shall have occasion to speak more fully hereafter. SECTION II. A CONSULTATION AND DIVINATION OF HEATHEN PEOPLE IN THE TIME OF VALENS, I. An account of it from Ammianus and other writers. II. Remarks upon their accounts, and a vindication of Valens from the charge of excessive cruelty. III. The history and character of the philosopher Maximus, favourite of the emperor Julian, who now suffered death. a b I. In the year 373 or 374, while Valens was at Antioch, a discovery was made of a consultation which some Gentiles had together, for finding out the name of the person who should succeed the emperor: there are accounts of it in several of our ecclesiastical historians, and in divers heathen authors, particularly Ammianus Marcellinus, who is the fullest of all, and was then in the East, and possibly at Antioch. с • When the affair was brought before Modestus, præfect of the prætorium, Palladius being 'put upon the rack,' as Ammianus says, declared that Fidustius, who had been in the office of a president, and Pergamius and Irenæus had tried by secret arts to find out the name of him who was to succeed Valens in the empire, Fidustius happened to be present; and being laid hold of he did not deny the charge, but confessed that he, with Hilary and Patritius, was well ⚫ skilled in the art of divination: moreover Hilary had a military post at court, and had inquired conatus, rei totius calamitosum aperit textum; absolute confessus, se cum Hilario et Patritio vaticinandi peritis, quorum Hilarius militaverat in palatio, de imperio consuluisse futuro: motasque secretis artibus sortes, et nuncupationem principis optimi, et ipsis consultoribus luctuosos exitus prædixisse. Atque cunctantibus, quisnam eâ tempestate omnibus vigore animi antistaret, visus est aliis omnibus excellere Theodorus, secundum inter notarios adeptus jam gradum. Et erat reverâ ita ut opinati sunt. Namque antiquitus claro genere in Galliis natus, et liberaliter educatus, &c. Ammian. 1. 29. cap. i. ii. p. 596, 597. ed. Gronov. 4to. 1693. after a successor in the empire. They soon discovered that he would be an excellent prince, and that his name was Theodorus, meaning him who was then second in the secretaries office; and was a person of a good family, well educated, and commendable for many virtues.' The confessions made by Patritius and Hilary, upon farther examination, are particularly related by Ammianus after this manner: a 'A' tripod made of laurel was artificially prepared, and consecrated with certain prescribed "secret charms and invocations. It was then placed in the middle of a room, perfumed with "Arabian spices. The charger upon which it was set had upon its utmost brim the four-andtwenty letters of the alphabet, neatly engraved, and set at due distances from each other: then a person, clad in linen vestments with linen socks upon his feet, and a suitable covering upon his head, came in with laurel branches in his hands, and after some mystic charms performed, shaked a ring hanging at a curtain about the edge of the charger, which jumping up and down fell upon such and such letters of the alphabet where it seemed to stay; the priest also then "composing certain heroic verses in answer to the interrogatories that had been proposed. The ⚫ letters which the ring pointed out in this case were four; OEO4, which being but together composed these two syllables, THEOD, whereupon one that stood by presently cried out that the oracle plainly intended Theodorus. Nor did we make any farther inquiries, being all well sa⚫tisfied that he was the person intended.' Ammianus then adds, that when the whole affair had been thus distinctly laid before the judges, the deponent Hilary subjoined that Theodorus himself had no concern in it, being totally ignorant of this proceeding.' b I have taken Cave's translation of this deposition, making but little alteration in it. The words of Ammianus are at the bottom of the page, to be read by such as are so disposed. An exact literal translation would be very difficult. But certainly this history is very curious, and well deserving to be attended to. Zonoras gives a different account of the method of divination now made use of. He says, that the four-and-twenty letters of the alphabet were written upon the ground, and at each one was placed a grain of wheat or barley: then, after some mystic forms, a cock was let out which picked up such grains as lay at those four letters.' But it is much more reasonable to rely upon Ammianus, who was contemporary, and likely to be well informed. His account also is agreeable to that in Sozomen, and Zosimus, who have both mentioned the tripod. d All the ancient writers who speak of this transaction, represent the public executions made upon this occasion as very severe and cruel. Ammianus has mentioned several of the sufferers. Eutropius, proconsul of Asia, was accused as an accomplice, but at length was ac Inducti itaque Patritius et Hilarius, ordinemque explicare jussi gestorum, cum inter exordia variarent, fodicatis lateribus, inlato tripode quo utebantur, adacti ad summas angustias, aperiunt negotii fidem ab ipsis exordiis replicatam. Et prior Hilarius: Construximus, inquit, magnifici judices, ad cortinæ similitudinem Delphicæ diris auspiciis de laureis virgulis infaustam hanc mensulam quam videtis: et imprecationibus carminum, secretorum, choragiisque multis ac diuturnis ri tualiter consecratam movimus tandem. Movendi autem, quoties super rebus arcanis consulebatur, erat institutio talis. Collocabatur in medio domûs emaculata odoribus Arabibus undique lance rotundâ pure superpositâ, ex diversis metallicis materiis fabrefactâ; cujus in ambitu rotunditatis extremo elementorum viginti quatuor scriptiles formæ incise perite, disjungebantur spatiis examinate dimensis. Hac linteis quidam indumentis amictus, calceatusque itidem linteis soccis, torulo capiti circumflexo, verbenas felicis arboris gestans litato conceptis carminibus numine præscitiorum auctore, cæremoniali scientiâ superstitit: cortinulis pensilem annulum librans, sartum ex Carpathio filo perquam levi, mysticis disciplinis initiatum; qui per intervalla distincta retinentibus singulis literis incidens saltuatim, heroas efficit versus interrogantibus consonos, ad numeros et modos plene conclusos; quales leguntur Pythici, vel ex oraculis editi Branchidarum. Ibi tum quærentibus nobis, qui præsenti succedet imperio, quoniam omni ex parte expolitus fore memorabatur, et adsiliens annu- с Zon. Ann. T. 3. p. 28. a Sozom. 1. 6. cap. 35. p. 693. C. f Quibus post hæc cognita sequestratis, Eutropius Asiam proconsulari tunc obtinens potestate, ut factionis conscius arcessitus in crimen, abscessit innocuus-Hic accessit philosophus Simonides, adolescens ille quidem, verum nostrâ memoriâ severissimus. Qui cum audisse negotium per Fidustium deferretur, et causam non ex veritate, sed ex unius nutu pensari vidisset, didicisse se dixit prædicta, et commissa pro firmitate animi tacuisse-Ducti ́ universi flebiliter jugulantur, præter Simonidem, quem solum sævus ille sententiæ lator efferatus ob constantiam gravem jussit flammis exuri. Qui vitam ut dominam fugitans rabidam, ridens solitas momentorum ruinas, immobilis conflagravit; Peregrinum illum imitatus, Protea cognomine, philosophum claruni, qui, cùm quitted. The person next mentioned by Ammianus is Simonides, whom he calls a philosopher. He says he was a young man of strict virtue: when he was accused he acknowledged. that he had been acquainted with the consultation, but did not think himself obliged to betray a secret with which he had been entrusted: however, he was condemned to be burnt alive:: 'whose fortitude in undergoing that death is here extolled and celebrated by Ammianus, in ahigh degree. And he compared to Peregrinus, a well-known philosopher, who had burnt him-⚫self at the Olympic games in the sight of all Greece. After him many others were put to death in a cruel manner, and in different ways. And heaps of books were brought forth and consumed in the fire, which had been sought for, and collected from many houses, as illicit; though many of them were works relating to the liberal sciences, and others were law-books; but they were brought out and burnt in public view, in the presence of the judges, to mollify the resentment of people at so numerous executions. And not long after, the philosopher Maximus, who was so celebrated for his learning, by whom the emperor Julian had been in⚫structed, and from whom he had received much improvement, was accused of having been acquainted with the above-mentioned oracle: which he did not deny, but said he did not think. ⚫ himself obliged to divulge it. However, he had told the persons concerned, that they would. • all suffer exquisite punishments. He was sent to Ephesus, his native place, and was there be-headed; and now found, by his own experience, what it is to fall into the hands of an unjust judge. Diogenes was falsely accused, who some while before had been governor of Bithynia.. He was a man of a noble family, ingenious, skilful in the law, a good pleader, and of a mild temper: he was condemned to die for the sake of his great estate. Then Alypius, vicar of Britain, who had now lived long in a private station, and was a man of an amiable character, was taken up, and with his son Hierocles, a youth of an excellent disposition, was accused of magical practices. But it was upon the sole testimony of one Diogenes, a very mean person.. However Alypius, after having been first deprived of his estate, was only banished: the son,. when they were having him out to death, was happily saved.' So writes Ammianus. Zosimus likewise has briefly given an account of the consultation with the tripod, which pointed out Theodorus as successor to Valens. The cause,' he says, 'was brought before Modestus, præfect of the prætorium. Many were accused; the prisons were full; and great numbers of people fled from their habitations. The emperor was greatly provoked; he became suspicious of all who professed philosophy, or were at all distinguished for literature, or ⚫ had places at court. At this time was put to death that great philosopher Maximus, as also Hilary of Phrygia, as having given a clearer explication of an obscure oracle; Simonides, Patritius of Lydia, Andronicus of Caria: who were all eminent for learning, and suffered rather through envy, than for any just accusation brought against them.' Eunapius likewise complains of the great numbers of men who were then put to death promiscuously, innocent and guilty: and among them the great philosopher Maximus, who had' been told of the consultation, and did not divulge it. But at the same time that he was in⚫ formed of it, he told them that they had thereby ruined him. He foretold also the death of ⚫ the conspirators, and many others, and also the death of the emperor himself, and that it should be in an uncommon manner, and without burial: all which came to pass. As for mundo digred: statuisset, Olympiæ quinquennali certamine sub Græciæ conspectu totius, adscenso rogo, quem ipse construxit, flammis absumtus est. Et post hunc diebus secutis omnium fere ordinum multitudo, quam nominatim recensere est arduum—Deinde congesti innumeri codices, acervi voluminum multi conspectu judicum concremati sunt, ex domnibus eruti variis, uti illiciti, ad leniendam casorum invidiam; cum essent plerique liberalium disciplinarum indices variarum, et juris. Neque ita multo post Maximus ille philosophus, vir ingenti nomine doctrinarum, cujus ex uberrimis sermonibus ad sapientiam copiosus Julianus extitit Imperator, oraculi supra dicti versus vidisse insimulatus, seque comperisse adsensus, sed reticendâ professionis consideratione non effudisse, verum ultro prædixisse, consultores ipsos suppliciis pœnalibus perituros; Ephesum ad genuinam patriam ductus, ibique capite truncatus, sensit, docente periculo postremo, quæsitoris iniquitatem omnibus esse criminibus graviorem. Constrictus etiam Diogenes laqueis impia falsitatis, vir nobili prosapiâ editus, ingenio, facundiâ forensi, suavitateque præstans, dudum Bithyniæ rector, ut opimum patrimonium ejus diriperetur, capitali est pœnâ adfectus. Ecce autem Alypius quoque ex Vicario Britanniarum, placiditatis homo jucundæ post otiosum et repositam vitam (quoniam hucusque injustitia tetenderat manus) in squalore maximo volutatus, ut veneficii reus citatus est, cum Hierocle filio, adolescente indolis bonæ, urgente Diogene quodam et vili et solo, omnique laniena excruciato, ut verba placentia Principi, vel potius arcessitori, loqueretur: quo, cum pœnis non sufficerent, vivo exusto, ipse quoque Alypius post multationem bonorum exsulare præceptus, filium miserabiliter ductum ad mortem, casu quodam prospero revocatum excepit. Ammian. 1. 29. c. i. p. 604, 605. Zos. 1. 4. p. 743, 744. Eunap. de Vita Maximi. p. 88. • Maximus he was sent for, and brought to Antioch, where the emperor was. But not thinking fit to punish him there, they sent him to Ephesus, where was Festus, the governor of Asia, a man of a most cruel disposition, who after executing many others, guilty and innocent, put to death also the great Maximus.' Of this also Libanius complains, saying, they would not wait for the death of Maximus till distemper put an end to his life. b Socrates, the ecclesiastical historian, having given an account of this convention and divination, says: And the emperor neglecting the precepts of Christianity, for which he pro'fessed great zeal, put many to death, whom he suspected of a design to seize the empire. And now were destroyed many who went by the name of Theodorus, Theodotus, Theodosius, Theodulus, and others, whose names had a like beginning: among them was one Theodosiolus, a worthy man, of a good family in Spain: and at that time many changed their names, and rejected the names given them by their parents, because of the imminent danger they ' were in.' Tillemont, giving an account of this transaction, remarks upon Socrates after this manner: • Socrates' says that this was the occasion of the death of Theodosiolus, or Theodosius, a no⚫bleman of Spain, and a man of virtue. It is hard to believe that he did not intend the count Theodosius, unjustly executed at Carthage in the year 376. It was indeed for other reasons: but the people who are always making conjectures, and oftentimes wrong, may have believed that it was for having aspired to empire, and because of his name; which would be sufficient ground for adding afterwards all the rest.' Valesius himself, in his notes upon Socrates, has the same thought; though he does not make it out so clearly as Tillemont, Pagi was of the same opinion, and has shewed it as clearly as Tillemont; and therefore he also may be consulted. Sozomen, giving an account of the same consultation, and the great displeasure of the emperor thereupon, says that throughout the whole empire almost all who were eminent for philosophy were destroyed, and not only they, but many other men of letters likewise; so that it was dangerous for any to wear a fringed garment. And such was the madness of the em'peror, that he seemed to think he could kill his successor; and therefore not only they were 'put to death who had consulted the oracle, but they also about whom the consultation was 'made; insomuch that, as is said, he spared not those whose names began with those four letters, OEOA, of which there were many others, and men of great eminence in the empire.' Sozomen therefore speaks not quite so positively as Socrates, and yet allows himself to harangue upon it: but the truth of this I suppose may be called in question. Tillemont observes, and as seems to me, both candidly and judiciously, that since neither Ammianus nor Zosimus accuse Valens of so unreasonable and odious a cruelty, there is at least reason to doubt whether he was guilty of it.' And again, afterwards: If indeed he did put to death several persons because they bore the name of Theodorus, or other names resembling it, nothing is more unjust, nor less rea'sonable.' I would add, that not only Ammianus and Zosimus, but Eunapius also, and Libanius, are silent about this particular. And farther, among the many persons whom they or others mention, as put to death or as accused upon this occasion, there is not one whose name begins with these letters, excepting only Theodorus himself, the principal person concerned: there is no ground therefore for the observation of Sozomen, and divers others of late times, who have ridiculed Valens as if he aimed to kill his successor. i II. I have already enlarged in this history, and, as some may think, to prolixity: and yet it remains that I make some farther remarks upon what appears to me a very curious relation; and the rather think myself obliged to it, because it is placed by me in The State of Gentilism |