The history of the church from our Lords incarnation, to the twelth year of the Emperour Maricius Tiberius, or the Year of Christ 594 / as it was written in Greek, by Eusebius Pamphilius ..., Socrates Scholasticus, and Evagrius Scholasticus ... ; made English from that edition of these historians, which Valesius published at Paris in the years 1659, 1668, and 1673 ; also, The life of Constantine in four books, written by Eusibius Pamphilus, with Constantine's Oration to the convention of the saints, and Eusebius's Speech in praise of Constantine, spoken at his tricennalia ; Valesius's annotations on these authors, are done into English, and set at their proper places in the margin, as likewise a translation of his account of their lives and writings ; with two index's, the one, of the principal matters that occur in the text, the other, of those contained in the notes.

CHAP. XXXV. Concerning the succession in inheriting the Goods of Martyrs and Confessours, and of such persons as had been banished, and of them whose Goods had been brought into the Treasury.

BUt, we must not omit mentioning those Estates, a 1.1 whereof severall persons have been deprived upon various pretences. Wherefore, if any persons, undergoing the eximious and divine Combat of Martyrdom with a fearlesness and confidence of mind, have been deprived of their Goods; b 1.2 or, if any men, made Confessours, have procured them∣selves the * 1.3 hope of Eternall Goods; also, whatever persons (forc't to re∣move out of their Country, because by betraying their Faith they would not yield to the Persecutors;) have in like manner been deprived of their Goods: Lastly, c 1.4 if any persons, though not condemned by a Capitall sentence, have

nevertheless had the hard fortune to suffer a loss of their Goods: Our Order is, that the Inheri∣tances of all these persons shall be given to their nearest Relations. Further, d 1.5 whereas the Laws do in express words command, that the nearer of the kindred [shall receive the Inheritance,] 'tis easie to know, to whom the Inheritances be∣long. e 1.6 And moreover, 'tis agreeable to reason, that they should come to the succession, f 1.7 who would have been the nearer of kin, if those persons had ended their lives by their own and a naturall death.

Notes

• a 1.1

  〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. From the Medicaean Copy make it, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, whereof severall, &c. And a little af∣ter, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; which we have rendred accordingly. Neither do these words 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 occur in the King's Sheets. Further, I found the beginning of this period variously written in the old Copies. For in the Medicaean Manuscript 'tis read thus, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, &c. In the King's Sheets, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, &c. Turnebus in his Copy had mended it, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. In the Fuketian Copy I found it written, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, &c. The King's Copy has also 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Wherefore, I doubt not but this is the true reading, and do wonder why Robert Stephens changed it. Vales.
• b 1.2

  〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. In the Medicaean Copy the reading is, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or, if any men; which, I doubt not, is truer. For, whereas he had before spoken of the Mar∣tyrs, he now speaks of the Confessours. A little after, from the same Copy, write thus, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, &c. (forc't—, because by contemning the Faith they would not yield to the Persecutors;) have—been deprived of their Goods; &c. Vales.
• * 1.3

  Or, Eternall hope.
• c 1.4

  Christophorson omitted this Clause, because it seemed nothing else but a superfluous repetition of what went before. But, in regard these words occur in the Medicaean Copy also, they are not rashly to be expun∣ged. For, after the Emperour had spoken concerning the Martyrs, con∣cerning the Confessours, and concerning the Exiles, who for fear of a Capitall sentence pronounc't against them, had left their Country; he now treats of those, who though they had not been condemned by a Capitall sentence, had nevertheless been despoyled of their Goods. For these were not in the number of Martyrs, or Confessours; in regard they had not been brought to a Tryall. Nor, had they been Exiles; but staying in their own Country, had by force been deprived of their possessions. 'Tis certain, in the Title or Contents of this Chapter, four sorts of persons are reckoned up. But Cristophorson omitted the fourth sort. Nevertheless, in the following chapter, the Emperour recounts three sorts of persons only, these last being wholly omitted. Vales.
• d 1.5

  〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. In the suc∣cessions of persons in∣testate, the Law calls the nearest of the Agnati [or, Kindred by the Male line] to the Inheritance, if their own Heirs be wanting, as Gaius informs us in his Institutions Titulo decimo sexto. Hence, the Agnati are by the Law termed Le∣gitimi Heredes, Lawfull Heirs, because the Law casts the Inheritance upon these only. For, the Cognati [Kindred by the Female line] could not be Heirs by the Civil Law, but were called to the Inheri∣tance by the Jus Praetorium only, as Lawyers inform us. Further, amongst the Cognati, he that was nearest took the Inheritance, in the same manner as amongst the Agnati. But there is a difficulty in this place, who ought to be meant by the word 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 of the Kindred, whether the Agnati, or Cognati. 'Tis ceetain, if by the term Laws we understand the Laws of the twelve Tables, it will be necessary that the Agnati should be meant. Sozomen words it thus, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, to those nearer of Kin. Vales.
• e 1.6

  〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. In the Kings Copy the reading is 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 and moreover; which reading I have followed in my Version. At first it had been written in that Copy, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 because; and afterwards, in a more modern hand, it was mended, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 moreover. Vales.
• f 1.7

  〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. In the Medicaean Copy the reading is, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. The meaning of this place is very obscure. Christophorson renders it thus; Et quod ratione etiam oportet eos succedere, qui sint domesticâ consuetudine conjunctiores, constat: praesertim cùm illi ipsi Martyres, non criminis ullius convicti, sed suâ inducti voluntate, mortem oppetiverint; i. e. And that in reason they ought to succeed, who are nearer by a domestick acquaintance, 'tis manifest•• especially, in regard those very Martyrs, not convicted of any crime, but induced by their own will, underwent death. But, there are many things to be found fault with in this Rendition. For first, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 a voluntary death or end, cannot be spoken in reference to the Martyrs. Secondly, the dis∣course here is not concerning the Martyrs alone, but concerning the Confessours also, and those that had fled their Country, who had dyed by their own death. Therefore, 'tis better to render it here, suâ & naturali morte, by their own and a naturall death. For so Graecians are wont to express themselves, and particularly our Eu∣sebius, if I mistake not. Lastly, he has rendred the term 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 very ill in these words domesticâ consuetudine conjunctiores, nearer by a domestick acquaintance; whereas the import of that term is persons nearer related. I render therefore this whole place thus, Rationi consentaneum est, ut hi ad successionem veniant, qui propinquiores erant futuri, si illi suâ morte obiissent. 'tis agreeable to reason, &c. Our Ren∣dition is confirmed, both by what I have said above, and also from what the Emperour says, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, who would have been the nearer of Kin, not 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 who are. Now, by the next words, viz. those persons, he means the Martyrs. Vales.