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CHAP. nocent, the faith fincere, the practice meritorious XXI. or corrupt. Their paffions were excited by fimilar objects; and they might alternately abuse the favour of the court, or of the people. The metaphyfical opinions of the Athanafians and the Arians, could not influence their moral character; and they were alike actuated by the intolerant fpirit, which has been extracted from the pure and fimple maxims of the gospel.

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A modern writer, who, with a juft confidence, has prefixed to his own history the honourable epithets of political and philofophical 163, accufes the timid prudence of Montefquieu, for neglect. ing to enumerate, among the causes of the decline of the empire, a law of Conftantine, by which the exercife of the Pagan worship was abfolutely fuppreffed, and a confiderable part of his fubjects was left deftitute of priefts, of temples, and of any public religion. The zeal of the philofophic hiftorian for the rights of mankind, has induced him to acquiefce in the ambiguous teftimony of thofe ecclefiaftics, who have too lightly afcribed to their favourite hero the merit of a general perfecution 164 Instead of alleging this imaginary

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163 Hiftoire Politique et Philofophique des Etabliffemens des Européens dans les deux Indes, tom. i. p. 9.

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164 According to Eufebius (in Vit. Conftantin. l.ii. c.45.) the emperor prohibited, both in cities and in the country, Ta μvoaga της Ειδωλολατρειάς; the abominable afts or parts of idolatry. Socrates (1. i. c. 17.) and Sożomen (1. ii. c. 4, 5.) have reprefented the conduct of Conftantine with a juft regard to truth and hiftory; which has been neglected by Theodorét (1. v. c. 21.) and Orofius (vii. 28.). Tum deinde (fays the latter) primus Conftantinus juflo ordine et pis vicem vertit edicto; fiquidem ftatuit citra ullam homi num cædem, paganorum templa claudi.

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XXI.

law, which would have blazed in the front of the CHA P. Imperial codes, we may fafely appeal to the original epistle, which Conftantine addreffed to the followers of the ancient religion; at a time when he no longer difguifed his converfion, nor dreaded G the rivals of his throne. He invites and exhorts, in the most preffing terms, the fubjects of the Roman empire to imitate the example of their mafter; but he declares, that those who still re- by Constantine, fuse to open their eyes to the celestial light, may freely enjoy their temples, and their fancied gods. A report, that the ceremonies of paganism were fuppreffed, is formally contradicted by the emperor himself, who wifely affigns, as the principle of his moderation, the invincible force of habit, of prejudice, and of fuperftition 15. Without violating the fanctity of his promife, without alarming the fears of the pagans, the artful monarch advanced, by flow and cautious fteps, to undermine the irregular and decayed fabric of polytheism. The partial acts of feverity which he occafionally exercifed, though they were fecretly prompted by a Chriftian zeal, were coloured by the fairest pretences of justice and the public good; and while Conftantine defigned to ruin the foundations, he feemed to reform the abufes, of the ancient religion. After the example

165 See Eufebius in Vit, Conftantin. 1. ii. c. 56. 60. In the fermon to the affembly of faints, which the emperor pronounced when be was mature in years and piety, he declares to the idolaters (c. xi.), that they are permitted to offer facrifices, and to exercife every part of their religious worship.

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XXI.

CHAP. of the wifeft of his predeceffors, he condemned, under the most rigorous penalties, the occult and impious arts of divination; which excited "the vain hopes, and fometimes the criminal attempts, of those who were difcontented with their prefent condition. An ignominious filence was impofed on the oracles, which had been publicly convicted of fraud and falfehood; the effeminate priests of the Nile were abolished; and Conftantine discharged the duties of a Roman cenfor, when he gave orders for the demolition of feveral temples of Phoenicia; in which every mode of prostitution was devoutly practifed in the face of day, and to the honour of Venus 6 The Im. perial city of Conftantinople was, in fome meafure, raised at the expence, and was adorned with the fpoils, of the opulent temples of Greece and Afia; the facred property was confifcated; the ftatues of gods and heroes were tranfported, with rude familiarity, among a people who confidered them as objects, not of adoration, but of curiofity: the gold and filver were restored to circulation; and the magiftrates, the bishops, and the eunuchs, improved the fortunate occafion of gratifying, at once, their zeal, their avarice, and their refentment. But thefe depredations were confined to a fmall part of the Roman world; and the provinces had been long fince accustomed to

166 See Eufebius, in Vit. Conftantin. I. iii. c. 54-58. and 1. iv. 23. 25. Thele acts of authority may be compared with the fup preffion of the Bacchanals, and the demolition of the temple of Ifis, by the magilirates of Pagan Rome

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endure the fame facrilegious rapine, from the CHAP. tyranny of princes and proconfuls, who could not XXI. be fufpected of any defign to fubvert the established religion 167.

The fons of Conftantine trod in the footsteps of and his their father, with more zeal, and with lefs dif- fons. cretion. The pretences of rapine and oppreffion were infenfibly multiplied 16; every indulgence was fhewn to the illegal behaviour of the Chrif tians; every doubt was explained to the disadvantage of paganism; and the demolition of the temples was celebrated as one of the aufpicious events of the reign of Conftans and Conftantius 169. The name of Conftantius is prefixed to a concife law, which might have fuperfeded the neceflity of any future prohibitions. "It is our

"pleasure, that in all places, and in all cities, "the temples be immediately fhut, and carefully "guarded, that none may have the power of

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offending. It is likewife our pleasure, that all

167 Eufebius (in Vit. Constant. 1. iii. c. 54.) and Libanius (Orat. pro Templis, p. 9, 10. edit. Gothofred.), both mention the pious facrilege of Conftantine, which they viewed in very different lights, The latter expressly declares, that " he made ufe of the facred mo66 ney, but made no alteration in the legal worship; the temples "indeed were impoverished, but the facred rites were performed "there." Lardner's Jewish and Heathen Teftimonies, vol. iv. P. 140.

16 Ammianus (xxii. 4.) speaks of fome court eunuchs who were fpoliis templorum pafti. Libanius Lays (Orat. pro Templ. p. 23.), that the emperor often gave away a temple, like a dog, or a horfe, or a flave, or a gold cup: but the devont philofophier takes care to obferve, that these facrilegious favourites very feldom profpered.

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169 See Gothofred. Cod. Theodof, tom, vi. p. 262. Liban. Orat. Parental. c. x, in Fabric. Bibi. Græc. tom. vii. p. 235.

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CHAP. "our fubjects fhould abftain from facrifices. If ΧΧΙ. ' any one fhould be guilty of fuch an act, let "him feel the fword of vengeance, and after "his execution, let his property be confifcated to the public ufe.

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We denounce the fame. governors of the pro vinces, if they neglect to punish the crimi ❝nals 170 But there is the ftrongeft reafon to believe, that this formidable edict was either compofed without being published, or was published without being executed. The evidence of facts, and the monuments which are ftill extant of brass and marble, continue to prove the public exercife of the Pagan worship during the whole reign of the fons of Conftantine. In the Eaft, as well as in the Weft, in cities, as well as in the country, a great number of temples were refpected, or at least were fpared; and the devout multi. tude ftill enjoyed the luxury of facrifices, of feftivals, and of procefions, by the permiffion, or by the connivance, of the civil government, About four years after the fuppofed date of his

170 Placuit omnibus locis atque urbibus univerfis claudi protinus templa, et acceffu vetitis omnibus licentiam delinquendi perditis ab. negari. Volumus etiam cunctos a facrificiis abftinere. Quod fiquis aliquid forte hujufmodi perpetraverit, gladio fternatur: facultates etiam perempti fifco decernimus vindicari: et fimiliter adfligi rectores provinciarum fi facinora vindicare neglexerint. Cod. Theodof 1. xvi. tit.x. leg. 4. Chronology has difcovered fome contradiction in the date of this extravagant law; the only one, perhaps, by which the negligence of magiftrates is punished by death and confifcation. M. de la Baftie (Mem. de l'Academie, tam. xv. p. 98.) conjectures, with a fhew of reafon, that this was no more than the minutes of a law, the heads of an intended bill, which were found in Scriniis Memoriæ, among the papers of Conftantius, and afterwards in ferted, as a worthy model, in the Theodofian code,

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