Religion and loyalty, the second part, or, The history of the concurrence of the imperial and ecclesiastical jurisdiction in the government of the church from the beginning of the reign of Jovian to the end of the reign of Justinian / by Samuel Parker ...

§. XXXI. The next Topick of Calum∣ny is oppression and continual fleecing of the Subject; but without any instance to abet the Charge, and therefore I need at present only oppose to it the contrary Character that is given of this Prince by his Successor,

Quem non hominem pietate benignâ

Continuit, fovit, monuit, nutrivit, amavit, Et tamen innocuo plures voluere nocere? Non caret invidiâ regni locus.

But I shall not concern my self to wipe it off, till we come to his allegation of Particulars in the 11th Chapter, and there we shall see that all the ground of this pretended Crime was the Emperor's put∣ting the Laws in execution against Jews, Heathens, Samaritans, Sodomites, and the whole herd of Hereticks, which our in∣genuous Author is pleased to surmise, was not done out of any regard to Religion, but out of pure love to Fines and Con∣fiscations. But in the next place he was very like Domitian in the shape and fea∣tures of his Body, who being torn in pie∣ces by the Assassinates, the Senate de∣creed that there should be no Statue or any other Monument erected to his Me∣mory; but his Empress being a vertuous Lady, and extremely beloved of all Men, they gave her leave to ask what she pleas∣ed, and it should be granted. She begs her Lords Body, and leave withal to e∣rect only one Statue of Brass to his Me∣mory. This is granted, and she to leave a Monument of the Assassinates Cruelty to Posterity, gathers the fragments of the Body, and unites them into one Specta∣cle

of horror, from whence was taken his Statue, that to this day stands at the descent or foot of the Capitol. What pains are here taken to hale in a pitiful piece of Malice? For what if Justinian had the ill luck to be like Domitian, what follows but that Domitian had the good luck to be like Justinian? But not to honor so mean a Calumny with any Answer, the story it self is all fable and ignorance, for there is no such Re∣port in any of the ancient Greek or La∣tin Historians. Suetonius, Dio Cassius, Philostratus, Sextus Aurelius, who are very nice and particular in the Story, re∣late it quite another way in all circum∣stanc••s. They say nothing of his being cut in pieces, but only that he was kill'd with seaven Wounds; Nothing of his Bodies being begg'd by the Empress Do∣mitia, but that it was buried by Phillis the Chamber-Maid, nothing of her ere∣cting a Statue as a Monument of the barbarous Cruelty of the Conspirators, but that she her self was the head and Contriver of the whole Conspiracy. Where then this barbarous Writer could pick up the Fable, I cannot divine, un∣less it be that he lived in an Age, when it was the fashion to debauch all the an∣cient History with Fable and Romance.

But all this, says Alemannus, detracts no∣thing from the truth of the Procopian report, because the Ancients do not con∣tradict it. But all this, say I, demon∣strates it to be a palpable false-hood, be∣cause they do nothing but contradict it. Yet however (he says) the thing is evi∣dently proved by the brazen Statue ex∣tant in the Authors own time. But this pieces exactly with all the rest of the story, for there never was any such Sta∣tue seen before or since. And yet such a remarkable thing could never have e∣scaped the observation of other Writers if it had continued so long a time in so eminent a place. So that the Statue is so far from proving the rest, that it dis∣proves it self, and only proves that the Founder of the Tale lived in a barbarous Age, when Men scribled any thing with∣out being accountable for the truth of their Reports. But beside all this 'tis ve∣ry likely and becoming Romantick tale, that when a Man has been hewed▪ and chopt to bits, they should again be so pie∣ced together, that from thence any Man should be so subtile-sighted as to discern the exact shape of his Body and Features of his Face. And yet that we must sup∣pose in this story of the great resem∣blance between Domitian and Justinian.

Though when all is done we are still har∣ping upon the burden of Don John, for if we compare their several descriptions, as they are drawn by Suetonius and our pretend∣ed Procopius, Domitian was a very tall and a very fat man, but Justinian of a middle stature, and a moderate habit of body. But however if he resemble him not in shape, he did so in Rapine and Cruelty: as for example, he it was that was the first Prince that punish't Here∣ticks with temporal Penalties, Enacting Dracho's Laws against those innocent Dis∣senters, Montanists, Sabbatians, Arians, Nestorians, Manichees, Jews, Sodomites, Pagans, and Astrologers, only to enrich himself by seizing the forfeitures of their Estates. This indeed is a Tragical Story, but so like the Author himself, that it would have been great pity if it had been omitted. And though it is more then enough confuted by the account, that I have given above of this Princes Ecclesi∣astical Laws, yet because the passage is of a remarkable strein, and so well stuft with lucky mistakes, I will be at the pains to transcribe it, to satisfie the Reader that it is impossible that it could ever have been written by any man that was not an utter stranger to all the Affairs of that Age. Thus then the black Tragedy

begins.

There are in the Roman Em∣pire divers Sects of Christians, com∣monly call'd Heresies, as Montanists, Sabatians, and several others that poy∣soned the People. All these he com∣manded to quit their own Sentiments, threatning the obstinate among other Penalties with the great punishment of Intestability. In the Temples of these Hereticks, especially those of the Arian Sect were treasured up incredible heaps of Wealth: so that neither the whole Senate it self, nor any other eminent Body of the Roman Empire could com∣pare with these Churches for abundance of Wealth and Riches. All their Fur∣niture and Ornaments were of Gold, Silver and precious Stones of value not to be estimated and number not to be computed, beside vast Purchases and Estates in all parts of the World; no Prince having ever before this time gi∣ven them any disturbance; so that they were able to relieve and maintain out of their common stock great numbers of the Orthodox Christians. The Trea∣sures of these wealthy Churches were seized on and made a Prey to the Em∣peror, to the utter undoing of vast num∣bers of Subjects. And his Officers prowling up and down into all parts,

forced upon all Men the change of the Religion, in which they were educated. The Countrey People thought this In∣quisition too oppressive, and from that thought proceed to think of making re∣sistance against it, but are sacrificed by the Imperial Inquisitors: Others out of superstitious madness cut their own Throats, and vast numbers deserted their native Countrey. The followers of Montanus in Phrygia locking up them∣selves in their Churches, set fire on them and perisht together with them, and from this time forward there was no∣thing to be seen throughout the whole Roman Empire but Slaughters and De∣solations. And the same Law being ex∣ecuted upon the Samaritans, it occasi∣on'd wild Tumults in Palestine, but those of my Native City of Caesarea counter∣feited themselves Christians, to escape the severity of the Laws, though some of the more honest sort proved real Converts. But the greater part dis∣dain'd to be hector'd out of the Religi∣on of their Fore-fathers, in meer spite rather than turn Christians, turn'd Ma∣nichees and Pagans. Till at last the Boors rise in Arms against the Empe∣ror, and chose Julian the Son of Saba∣ris for their Leader, but after a long

and doubtful fight with the Imperial Forces are vanquisht and their Gene∣ral slain, there being, as 'tis credibly reported, no less than an hundred thousand Men slain in the Battel. The best Estates being thrown up by the Farmers, the Landlords, that were Christians, were the greatest Losers, who though they received no Rents were forced to pay heavy annual Taxes to the Emperor; that were exacted with∣out mercy or abatement. This being done, in the next place he turns his Fu∣ry upon the Heathens, cutting their Throats and siezing their Estates, and they that counterfeited Christianity on∣ly to escape the fury of the Inquisition, were watch't so diligently, as some time or other to be snapt at their old pro∣phane Rites and Sacrifices. How he treated the Christians we shall declare afterward. In the next place he pro∣hibited Sodomy, punishing the Offen∣ders not from the date of the Law, but from any time before. And these he punisht, though none prosecuted, upon no other Evidence than the Testimony of a Boy or a Servant, and that extor∣ted, against his own Master. And those that were found Guilty were punisht with the loss of their Privy Members.

Though at first this severity did not ex∣tend to all, but only to the Prasini, and the Men of great Estates, or those that were cast out of favor. Then he was much offended with the Astrologers or Fortune-tellers, and upon that account disgracefully whipt divers grave and honest Men through the City. Upon all which accounts vast crowds of Peo∣ple betook themselves not only to the Barbarians, but to the farthest distant Countries. So that in every City you might observe Strangers, that were fled from home, to hide and shelter them∣selves, as if their own Country had been laid wast by some commmon Enemy.

How Justinian's reign was all ruin and desolation to the Roman Empire we have seen above; so that when he recover'd those two great branches of it, Africk and Italy from the barbarous People, that great reckoning is discounted as an uni∣versal Destruction. But now he cannot so much as punish an Heretick, no not a Sodomite without the same subversion of the Roman Empire. As for the Laws themselves in general, and the wisdom of enacting them, and the good effect of put∣ting them in execution, they are able to justifie themselves against such mean and impotent Cavils. And I know not how

this Author could more have betrayed his folly, malice and ignorance than by bla∣ming such wise, such useful and such neces∣sary Laws to that height of aggravation, as if to punish Arians, Manichees, Sodo∣mites, were of no less consequence than the subversion of the Roman Empire. And therefore at present I shall not trouble my self to answer a Cavil, that sinks and breaks by the weight of its own folly, but shall content my self with proving the Author of it a perfect stranger to the Records and Transactions of those times. For I pray what could have been contri∣ved more absurd than the story of the infinite Wealth of the Arian Hereticks, by reason of that undisturbed Peace and Quiet, that they had injoyed under all former Emperors? When it is so unde∣nyably evident that the Sect was long before that time so reduced by the severity of former Emperors, that by that time it had scarce any thing left but the name within the Empire. And for this reason he never enacted any particular Rescripts against them, nor, as I remember, makes so much as any mention of them, unless in those general declarations of his Faith, in which he enters his Protestation a∣gainst all the Heresies, that either then were or ever had been: So unfortunate

is this barbarous Writer in this Tale of the infinite Wealth of the Arians. But be∣hold the strange dexterity of the Vati∣can Librarian at an excuse, Procopius, he says, does not deny that the Arians were prosecuted by former Emperors, but that they were not so publickly fin'd in all Cities, but rather punisht only as it were by stealth and upon certain occasions. But I say Procopius here says, as plainly as words can express, that they were not punisht at all, and therefore when Alemannus says that he does not say it, for civility sake, I will say no more than that he says an untruth. Nay it is not only destitute of, but contrary to the most known and undoubted truth it self, when the former Emperors pursued them with that rigour and severity, that if Ju∣stinian had design'd to set up an Inqui∣sition, he would have wanted Objects to vent his Cruelty upon. There were only a few stragling Goths of that Sect at that time, and these were particularly excepted out of the first Commission for prosecu∣ting all other Hereticks: so ill a Botcher is our Vatican Commentator at patching up Apologies.

But though he has every where be∣trayed his want of Skill, yet he has no where fail'd more unfortunately than in

this Paragraph, composed of no other materials than Excuses, that apparently contradict the Author's on sense. Thus when the Author says, that none of the former Emperors ever inflicted any Penal∣ties at all upon Hereticks, the meaning of that, says he, is not that he did not inflict any at all, but not so much. And now again when the Author blames Ju∣stinian for the attempt it self: No, no, says Alemannus, he only blames him for the wrong manner of putting it in executi∣on. But this is a direct Affront to the Author's own Words, for though he af∣terward indeavors to aggravate the folly of the Design by its ill consequences, yet his first and main displeasure is vented a∣gainst the Design it self, as absurd, ille∣gal, and without Precedent, as is unde∣nyably evident from the passage it self. But still his hardest task is to bring off his Author from his angry Censure of the Laws against Sodomy; for which he has no better defence than that Theophanes thought they were too severe, so that himself could not but detest them. And yet Theophanes says no such thing, but only that they were severely punisht, without any intimation of dislike, much lesss of abhorrence. But it was executed upon two Thracian Bishops to the great

scandal of the Church, whereas Constan∣tine the Great would rather have cover'd them in the Fact with his Imperial Robe. That was a great Complement of that great Emperor, and 'tis likely enough, that if the Crime had been known to himself alone, such was his generous Na∣ture, that he would never have divulged it. But that was not Justinian's case, for the Crime was become publick before it came to his knowledg, and after that, it had been a Scandal with a witness to let it pass unpunisht. But that after all, is the thing, that gauls at the Court of Rome, that a Secular Prince should chal∣lenge any Power to correct Ecclesiastical Persons, which though it has long ob∣tain'd as an unquestionable Rule in that Court, yet I have proved through the whole series of this History, that it was both claim'd by all the Emperors, and ac∣knowledg'd by all the Popes and Coun∣cils. But beside, as for this story of Theo∣phanes concerning the two Bishops, by my Rules of critick Law, I must pass it for meer fable, because destitute of timely and sufficient Testimony. For so I can∣not but esteem the Reports of all Wri∣ters, that live at too great a distance of time from the matter of Fact. And that is the case of this little Story, there are no

foot-steps of any Record of it either in that or the next Ages, whereas Theo∣phanes, that was its first Founder, reports it not till above 250 years after it was done; and then what reason have we to believe him in a matter of Fact, that had been so many years beyond the memo∣ry of Mankind, any more than if he had lived at twice the distance of time? For when a thing is once got out of the reach of the memory of Man, an hundred and a thousand years are the same thing. And then it is never to be admitted to a∣ny capacity of belief without some more credible and timely Records. And for that reason I have industriously negle∣cted all the latter Greek Historians, as to any matter of Fact done at any conside∣rable distance from their own Age. For if they are voucht by any more ancient Authority, that is proof enough without them; if they are not, their own is none at all. And the truth is they are so much addicted to the humor of patch∣ing Fables to the ancient Records of the Church, that whatever we find in them not reported before them, we ought for that reason to conclude it meer Fable and Fiction. But in the last place, which way will he bring off his Author in find∣ing fault with the severity of this Law,

for reaching such as were Offenders be∣fore its publication? when the Law de∣clares it self to have been only enacted in pursuance of the known establisht Laws of the Empire, especially the famous Law of Constanti••s and Constans, that was e∣ver after in force. What a childish piece of malice then is it in this Author to in∣sinuate, as if this Law had taken hold upon Offenders, at a time when there was no known Law against them? As for the Law against Astrologers, our Li∣brarian has so much wit as not to touch it, and to leave his Author in the lurch to answer for himself. For these Men commonly call'd Astrologers, that is, such as profess to read all Mens Fates in the Stars, were ever lookt upon as the most mischievous and most dangerous Trai∣tors to the Government: and any Man that has but cast an eye upon the Impe∣rial Story, cannot but know that there never was any one Act of Treason con∣trived against the Prince's Life or Gov••rn∣ment, without their encouragement or direction: as in the present case Joannes Cappadox was put upon his Treason a∣gainst Justinian by their instigation. And for this reason it was ever punisht with the greatest severity by all Princes, as well Heathen as Christian. Under the

heathen Emperors down from Caesar himself, by banishment, under the Chri∣stian from Constantine, by death. And yet this wretched Satyrist is so infatua∣ted as to inveigh against it as a new piece of Cruelty in Justinian, only for setting them in a disgraceful posture upon Ca∣mels, and so whipping them through the City, when by the Law they ought to have been executed.

But upon occasion of this fierce cen∣sure of the counterfeit Procopius upon the Emperor's prosecuting of Heathens and Hereticks, it is become a dispute what Re∣ligion the true Procopius adhered to, or whether to any at all. Alemannus will have him an Atheist; Rivius and Eiche∣lius a bigotted Pagan, but they are both apparently too severe and equally in the wrong: when through all his Writings he expresses so high a sense of honor and kindness for the Christian Religion, espe∣cially in his last Books de Aedificiis, that are for the most part a Panegyrick upon Justinian's great zeal to advance and pro∣pagate the Christian Faith. And let the Reader only peruse the first Book of that History, and he will soon be satisfied of the Author's own sense of Religion. But they say, that he was only a counterfeit Christian for Interest and Preferment.

But this they may say, if they please, of any Man as well as Procopius. But he has dropt some loose and slite Expressi∣ons of the Christian Religion, and both Parties instance in the passage out of his Books de Bello Gothico, wherein he ex∣presses a great dislike of the Controver∣sies on foot at that time, that is, the vio∣lent heats about the tria Capitula. Which it is evident from his own description of them, that he did not in the least under∣stand, but supposed them to have been too curious and philosophical Inquiries into the Secrets of the divine Nature; whereas (he says) it is satisfaction e∣nough to him, that God Almighty go∣vern'd the World with a wise and good Providence, and as for other more nice Speculations, every Man might for him, quietly enjoy his own Opinion. This though it be very false Politicks, as we have seen by the Henoticon, and our own late too dear bought Experience, yet it is neither Atheism nor Paganism; For a good and wise Providence that governs the World, is the only Principle opposed to Atheism; and though it may (thô very hardly) be consistent with philoso∣phick Paganism, yet it is the fundamen∣tal Article of Christianity. Now the dis∣pute, as he states it, was not between the

two Religions, but about an Argument common to both, viz. as he supposed, the Nature of God, and like a Gentle∣man, he frankly declares his Opinion a∣gainst all bigottry in these nice and ob∣scure Controversies, and thinks that Men ought not to inquire farther into the di∣vine Nature than the Wisdom and Good∣ness of his Providence. This is appa∣rently the sense of that offensive passage, though perhaps too loosly express't. And as for the Opinion it self, it has too long had too great a vogue amongst our mo∣dern Statesmen, viz. that it is below the Wisdom of the State, to concern it self in Men's various fancies about Religion, but rather to leave them to the folly of their own Apprehensions: and this they suppose the best security of the Publick Peace, when every Man is indulged the liberty of his own little Conceit. But this is a very short-sighted Prospect only pro∣viding for the present, whereas if they would look home to the natural issue of the thing, it tears the Nation into impla∣cable Factions and Animosities. For it is certain the People will be zealous for their Religion, so that if they differ, it is una∣voidable but that they will quarrel, and hence it has ever come to pass that all Schisms in the Church have ever con∣cluded

in Factions in the State. So that here it is not material, Whether these Controversies are of any moment or not (as these Gentlemen would state the Matter) but the thing to be first con∣sider'd is, Whether to indulge or suppress them be the most effectual way to se∣cure the Publick Peace, the first may do it for a short time, but the last does it forever. For Men will not be over-fond of disputing with a Rod at their backs, and when they receive a lash for every Syllogism. This I take to be the true state of the Controversie about Pro∣copius, that in this point he was (as too many great and wise Men have been) out in his Politicks, but not in his Reli∣gion. But in the last place, say they, he frequently makes use of the old Pagan terms and phrases, as Fortune, Fate, Ge∣nii, publick Genius, Omens, Oracles. He does so, but all learned Men know that these were long since become Terms of Art, and even vulgar expressions. Be∣side that Procopius was an Orator, and familiarly conversant in all the Eloquence of the Ancients, and therefore it is no wonder that he endeavour'd to imitate their Stile in familiar Phrases and forms of Expression. Though after all he ne∣ver used them in their proper sense, but

by way of Metaphor and Allusion with a quas•• in their meaning, as they have ever been used in all Ages, and are so to this day. And therefore as we find that Procopius has ever express't great kind∣ness to the Christian Faith, so we have no reason from any thing, that occurs in his Writings to suspect his sincerity in it.

But what though there were no cruel∣ty in executing the Laws against Dissen∣ters, and what if Justinian's practice was warranted by the Precedents of his Prede∣cessors, yet they spoil'd not a good work as he did, by doing it meerly for cove∣tousness. For that, says our ingenuous Author and his more ingenuous Com∣mentator, was the only thing that set him upon the Project to squeeze all their Estates into his own Coffers. This at best is no better than ill-natur'd surmise, and betrays the malignity of the Man, for how can he look into any other Man's secret Intentions? and if he cannot, to pass such sowr judgment upon them, can proceed from nothing but Malice and Ill-will. But as ill-luck will have it here too, the matter of Fact it self lyes cross to his ill-nature: for whereas most of his Pre∣decessors siezed the Fines and Forfeitures into their own Exchequer, Justinian set∣tles

them upon the Church; thus when in the leading Law of Arcadius and Ho∣norius all Churches of Hereticks, and all Goods and Endowments belonging to them, are confiscated or forfeited fisco nostro to our Exchequer, in the same Law, as 'tis recited in the Justinian Code, instead of Fisco Nostro we read Ecclesiae Catholicae, i. e. they are forfeited to the use of the Catholick Churches. So little design of Covetousness had this great Emperor in his zeal against Hereticks, that he remitted the Forfeitures due to himself by Law, and settled them upon pious and charitable uses. So that in all particulars our Author might better have vented his poison and ill-nature upon a∣ny Man than Justinian; who of all the great Men that ever lived will the least endure to be abused. But because his Covetousness is aggravated in every page of the Libel as a most insatiable gulf, so that the whole Roman Empire was not sufficient to supply its cravings, though he used all the ways of Rapin and Op∣pression to fill his Exchequer, I will shew in two or three Instances that he was so far from laying new Burthens upon the Subject, that he took off old, settled and legal Taxes of mighty value to himself, only because he thought them too hard

and heavy upon his Subjects. The first was the Lex Papia, and all the Branches of the Law de Caducis added to it, by which if a man had no Heirs of his own begetting, or if the next Heirs died be∣fore their Actual Livery and Seisin of the Estate, all such Estates came to the Impe∣rial Crown, which in so vast an Empire could not but arise to a Prodigious Reve∣nue, and yet he abrogated all these Laws for the ease of his Subjects, as he declares in the Preface to his own Law.

Such is our Clemency, that though all Bona Cadu∣ca are due to our Exchequer, yet are we pleased to remit them all, notwithstanding our Royal Prerogative; preferring the common benefit of our good Subjects be∣fore our own private Advantage, & estee∣ming their Interest to be most our own.

The second Law was that of the Publi∣catio Bonorum or the Sale of the Goods and Chattels of all sorts of Malefactors, whe∣ther Executed, Out-lawed, or Banished; and that was a greater Revenue than the former, and yet because it lookt harsh to this just and tender Prince, he takes it quite away, and setles all forfeited Estates upon the next of Kin. The third was that old and standing Practice of the Sale of all Offices, by which the Emperor had a certain Sum; not for the Office, but

his Suffrage, in the same manner as if one should purchase a Bishoprick by buying a Conjedelire. But this corrupt Custom he scorns, and cashieres it as a base and un∣Prince-like practice,

Because (as he ex∣presses it) Justice we know will be done, if we can any way oblige our Pre∣fects and Governors of Provinces to ad∣minister Justice with clean hands, abstain from Bribery, and be content with their Pensions out of the Exchequer. But this cannot otherways be brought about, un∣less they may enter upon their places without charge, giving nothing to the Prince upon pretence of Suffrage, or to any other Officer whatsoever. For we are well aware that though it lops off too great a branch of our Revenue, yet it will redound to the unspeakable bene∣fit of our good Subjects, to be preserved from the oppression of our Officers, and both the Empire and the Exchequer will flourish the more by a thriving People. And if this Rule were once setled, it is unimaginable of what advantage it would be to the publick.

Now is it not pro∣bable that this Prince who cancell'd all these Laws, though not unjust in them∣selves, only because he thought them somewhat too harsh and heavy, should rob, plunder, and undo vast Multitudes

of his Subjects without Law, without Mercy, nay without Pretence, ••s the Anecdot•• clamour in every Page, as in∣deed the whole Libel is nothing but Eccho and Cuckoo.

But there remains one Enquiry, that is so obvious for the Reader to make, from what friends he could have Supplies to de∣fray all the Charges of his expensive Reign, how he could maintain so many and so great Wars? How he could build such vast numbers of Cities and infinite other structures? how he could maintain so many and so chargeable Corresponden∣cies? This at first view seems very strange, but the account being well stated, it will not appear so strange as easie. For first he was a very great Husband, and wast∣ed nothing in Luxury, the great Pane of Princes Courts. In the next place he re∣trench't all the exorbitant Expences of the Theatres and publick shews, as our Au∣thor often complains. Thirdly, the stand∣ing Revenue and ordinary Taxes of so vast an Empire, as they were of an im∣mense value, so were they frugally man∣aged and expended. But that which makes the wonder quite to vanish▪ are the infinite Treasures taken in his Wars from the Goths and Vandals, that had plundered all Europe, and laid all toge∣ther,

in two heaps, one in Africk, and the other in Italy: that were (if we may trust Procop••us) the greatest Treasures that ever were in the World, all which came entirely into Justinians Coffers. Now if we lay all these things together, we may easily see which way this great Emperor was Enabled to do these great things, without squeezing and fleecing his Subjects.

Notes

• 141.
• Lib. 1. cap. 3.