willful Malice and apparent Forgery In the same undertaking he is followed 〈◊〉 Eichelius Professor at Heltusted in Franconia in the Year 1654 who has after the German Fashion of writing for Marts improved the little Treatise into a great Book by transcribing those Quotations at length which the other only referred to And though both the substance and the wit of his Book are too grosly borrowed and that sometimes in the very same words without owning his Author yet he was a Learned man and has added a great many useful Remarks of History from his own observation has prosecuted the design more at large and demonstrated the disingenuity of the Procopian Author from these 11 Topicks 1. That he writes many things impossible in themselves 2. Many things contradicted by Co-Temperary Writers 3. By himself 4. That what he vehemently commends in his other Writings he here as vehemently inveighs against 5. That what came to pass by chance or by other mens default he imputes to Justinian 6. That he blames many commendable Actions 7. That he praises what he ought to blame 8. That he exaggerates things indifferent to the disadvantage of Justinian 9. That he wrests many of Justinians bravest Actions to an ill sense 10. That he picks up all trifling Reports of the Vulgar against him 11. That he writes divers things of great moment that are no where attested by any Co-Temporary Writers All which are I think sufficient to over-whelm the Reputation of any Writer and yet they are all so visible through the whole Vein of this Libel as to expose themselves to every mans view without searching for them But though this Author has quitted himself in the Historical Part of his Book as became a Learned Man yet he being an Erastian by principle he has all along failed in his observations upon Matter of Fact proceeding every where in that Fundamental mistake about Justinian as if he had pretended to give not only his Ratification but the first Validity to the Laws of the Church And therefore though I shall gratefully accept and acknowledge any assistance that thâ—se Learned Men have given me I shall be forced to make my own observations especially as to those things that concern Religion in which they are both mistaken And as for the Historical Part I shall not trouble my self or the Reader with any later Writers as they have done such as Zonaras Nicephorus Cedrenus c. but shall meerly relye upon Co-temporaries or such as lived upon the next Confines of the Age that they write of as I have carefully done through this whole History And such are in the Age that we are now treating of Procopius himself Agathius Marcellinus Comes Facundus Hermianensis Liberatus Diaconus Cassiodorus Jornandes Victor Tunonensis Gregorius Turonensis Evagrius Scholasticus under Mauritius and the Chronicon Alexandrinum under Heraclius And from them though the greatest part of them were either enemies or disobliged Persons I doubt not but to shew the falshood of the Libel it self and the Malice of its Abettors In the first place we have all the reason in the World to reject the Book it self as a spurious Pamphlet dishonestly fathered upon Procopius when we find it never so much as mention'd by any of the Ancients or by any Writer whatsoever for many Ages after his own time And yet it is next to impossible but that they must have taken notice of a work of such a peculiar streâ—n if it had been extant in their time especially when his other Writings were so well known in his own and all following Ages Evagrius who writ in the same Age though some time after viz. under Mauritius commends his other Histories without any mention of this Agathias Scholasticus that both Epitomised and continued his History and Johannes Scholasticus that writ not long after the death of Justinian knew nothing of this work though both were so well acquainted with his other Writings Photius that diligent and judicious Critick gives an high Character of his other works but is utterly silent about this In short the first Author that makes any mention of it is that crude and injudicious Rhapsodist Suidas who lived not till the 11th Century 500 Years after Procopius but he comes too late not being vouch't by any more Ancient Testimony and then his own can be of no Credâ—t especially considering the humour of the man who was a meer Collector without choice or judgment setting down whatsoever came to his hands without examining into the truth of the Record so that it seems this Libel being forged before his time he imbraces it contrary to the fundamental Law of the Criticks without any ancient Testimony to certifie its legitimacy Alemannus pleads that the reason why it was so long unknown was because Procopius was forced to suppress it for the security of his own life That might be a good reason for Procopius his own time but certainly not for the long interval of so many Ages as from the sixth Century to the eleventh And to give any credit to a Book that never appear'd once in the World till 500 years after the death of its pretended Author is a Civility that the Criticks would never allow in any Case neither do I know it ever challenged unless in this I know indeed Books may have been buried five hundred or a thousand years but then they have always had some ancient Testimonies that there were once such Books written by such Authors and upon no other terms were they ever received and this was the case of St. Clement's Epistle But however this Vatican Plea for suppressing Procopius his Book for his own safety may be consistent with it self I am sure it is very inconsistent with the pretence that he has undertaken to make good viz. that it may be all proved out of Procopius his other Writings in which he tells many more and many worse Stories than in this little Epitome And yet they were not only seen but approved by the Emperor himself But if so he ought either to have suppress't all or none and not to have publisht the sharper Invective to gain the Emperor's favor and keep back the milder to avoid his displeasure These are pretty consistent Dreams that could never have come into any Man's head but in a Vatican Nap. But beside the want of sufficient Certificates to warrant the reception of the Book the thing is so very unlikely in it self that Procopius should write so dirty a Libel both against Justinian and Belizarius that it would require very strong proof only to make it a thing credible For when he had through his whole life been so infinitely obliged by both when he had been raised by Justinian from a low Condition to the highest Preferments in the Empire when he had ever kept the most entire and intimate friendship with Belizarius and lastly when he made it the great work of his life both before and after the writing of this Book to
consecrate their Fames and conveigh down the glory of their Actions to all future Ages who can easily suffer himself to believe that the same Man should endeavor to spoil all this by a railing Lampoon Though whenever or by whomsoever it was forged it is no wonder that it was laid to Procopius according to the custom of all Lampoons to fasten them upon Authors that of all Men living were most unlikely to write them To these we may add some other unlucky Objections suggested by Alemannus himself in his Preface As that the Glory of Justinian's Actions is so bright in it self as to be able to out-shine all detraction For what Man can believe that he ruin'd the Roman Empire that recover'd so many Cities Provinces and Kingdoms to it that conquer'd so many barbarous Nations and plainly recover'd the Empire that had been almost lost and tottering for many years to its full force and Power One would think that the Man who makes the Objection should be concern'd to rid himself some way or other of it and yet he fairly dismisses it with all Civility because he says it is at this time a thing only existing in History An admirable Vatican reason this but so it is whenever Men are over-seen and eager in their pursuit of Revenge that they always leave their Sense and Understanding behind them And whereas some Men conclude Procopius to be Father of the Bastard from the likeness of its features to his other Books I should from the same argument draw the contrary conclusion For though it is no hard matter for any Man to imitate or rather steal another Man's stile as to forms and schemes of Speech by making it familiar to himself with constant reading Yet the Spirit and the Genius of an Author is a thing very rarely imitable and that too plainly discovers it self in this counterfeit Procopius for if we compare the Anecdota with his other Books and observe what perspicuity and neatness of Method what gravity what candor what ingenuous freedom runs through all his other Writings And on the contrary in what confusion and indigested heaps things are laid together in this Libel with what silliness and malice with what buffoonry and affected rudeness the whole work is contrived it seems to me impossible that they should both be the Off-spring of the same Man And therefore it is but a true and a sharp censure that is given of it by Balthasar Bonifacius in his Epistle to Molinus In summâ sic statuo esse in hâc cujuscunque illa sit Auctoris rhyparographiâ loquentiae satis licentiae nimis insolentiae plus nimio multum livoris plus odii plurimum inscitiae pa um ordinis minus facundiae minimum judicii nihil memoriae minus nihilo sinceritatis In fine my Opinion is that in this rhapsody whosesoever it is is to be found babble enough rudeness too much arrogance more than enough much spite more hatred but most ignorance little order less eloquence least judgment nothing of memory but less than nothing of honesty From all which enormous defects it is but reasonable to conclude with him that the true Procopius so eminent for all the contrary perfections could never be the Author of the Libel And indeed the folly of the design makes it no less incredible than the meanness of the performance for if Procopius upon some affront at Court resolved to revenge himself by this Libel yet to own it and publish it to the World in his own name was a ranker piece of spite against himself than against his Royal Master for it not only blasts the Credit of all his other Writings but it leaves himself a base and unworthy Parasite upon Record who spent all his Wit and Life in magnifying the Vertues of a Man whom himself knew to exceed all Mankind in the studious practice of all wickedness For that is the Burthen of the Libel Neither is it to be less suspected from the time in which it pretends to have been brought forth viz. in the 32 year of the reign of Justinian as the Author often declares whereas Procopius his Books de aedificiis that are all panegyrick and abound with quite contrary Characters were not written till the 36 th year Now is it not very credible that when Procopius was fall'n out so bitterly with his great Patron after all the Obligations in the World as he is in this Libel he should afterwards be transported into so much kindness as he expresses in those books without blasting and retracting his own slanders Or if we can reconcile the possibility of the thing yet however the books de aedificiis are an unanswerable confutation of the anecdota and not only convict the characters of Malice but the Matters of Fact of false hood So that granting Procopius to be the true Father I will prove him guilty of rank falshhood through the whole tale both from his own Writings before and after from the testimony of his co-temporaries but most of all from the nature and the circumstances of the Actions themselves And as for the Librarians spiteful endeavors to improve the malice of the Libel I shall discover so much baseness in the Attempt as to leave him under that disgrace that is due to such ill-natur'd Pedants that will be gnawing at the Reputations of great Men. And to this purpose I shall reduce this confused heap of Calumnies to certain heads as the most easie way of confuting them for whilst they lye confused together they are not so easily discern'd or exposed but when parted like false Witness every Lye betrays it self § XXV The first crime that he lays to the Emperor's Charge is the worst that a Sovereign Prince can be guilty of and that is cruelty which the Author of the Libel aggravates in every Page at that extravagant rate as if he had out-done all the Tyrants that ever were in blood and slaughter For he was the Author of so many and so great Calamities to the Romans as exceeded all the Miseries of all former Ages he made nothing of siezing other Mens Estates he broke out into numberless slaughters so that he counted it a trifle to destroy innumerable Multitudes of innocent Persons The great devouring Plague that I described in my former Books and that reign'd through almost all parts of the habitable World spared as many as it destroyed But no Man escaped Justinian's cruelty who was sent as a Plague from Heaven to sweep all away Some he was so kind as to destroy but others he granted their lives to suffer all the miseries of want and poverty making them much more miserable than the others when they would be content to be deliver'd from the Evils that they endured by any the most exquisite Tortures Neither did he think it enough to destroy the whole Roman Empire but he endeavour'd to master Africk and Italy that he might throw those Nations together with the Provinces subject to himself into one
demands the Restitution of his Friend and Allye which being denied he declares War against the Traitor and this our worthy Libel calls a Breach of the Treaty of Peace between Gizericus and Zeno when the War was entered into purely in its defence against an Usurper And what was the Success of this War is vulgarly known the Vandals that had kept Africa 45 years were utterly beat out of it in 3 Months and their King carried Captive to Rome And if the Reader would know Procopius his own Judgment of it it was plainly this All past Ages have seen many things come to pass beyond Humane Expectation and so will all Ages to come as long as the State of Humane Affairs continues in the same posture And some things have been brought about that were supposed impossible and when they have been so they have astonish't the undertakers themselves But whether any thing hap'ned like this Transaction I remember not For what a Prodigious thing is it that 5000 Strangers that was the Number of all the Horse that Belizarius brought with him by whom alone the Vandals were vanquish't when they had not one Port to land in should in such a Moment of Time over-throw the Grand-Child of the Great King Gizerick and make an entire Conquest of a Kingdom of so great Wealth and Strength And this in my weak Opinion may very well pass for a Miracle both of Fortune and Vertue And as for the Gothick War in Italy as it had the same Cause so had it the same Event It was undertaken in defence of a Confederate Prince and ended in the Conquest and Captivity of the Usurper But of this we have given an Account already as far as Belizarius Acted in it but because the War was not ended when he was recall'd let us now see its last Event which our Author says was the utter devastation of Italy Belizarius being recall'd the War is Committed to Narses the only Captain equal to him for Conduct Courage Bounty Justice and Clemency and so he made as quick a dispatch in Italy as Belizarius had done in Africk He vanquish't that Great Captain Totilas in one pitch't Battel and Teias his Successor in another though they had call'd in the Franks to their Assistance and made such incredible slaughters of them that both the Nations were almost utterly extinquish't and at last condescends to grant Peace to the small Remainders upon condition of quitting Italian Ground forever and so drove them out of the Country like a Flock of Sheep so far Procopius to the 26th year of the Reign of Justinian But the Goths unwilling to lose their present Possessions in Italy as Agathias continues the History draw in the Franks and the Almans to joyn Forces against the Romans and bring an Army into the Field of Seventy Two Thousand Men who were all cut in pieces in the first Battel and that was the end of the War All which is elegantly enough summ'd up by his Nephew Justin in his Speech to the Ambassadors of the King of the Avares Sub quo Vandalici ceciderunt strage Tyranni Edomitique Getae pubes Alemanica Franci Totque aliae gentes famosaque regna per orbem Ardua sub nostris flectentia colla triumphis Suscepere jugum mentes animosque dedere Servitio nobisque manent ex hoste fideles This is the true Relation of Justinian's Wars which whether we consider their Cause their management or their success were the most justifiable and most glorious Wars that were ever waged from the beginning of the World They were not wantonly undertaken but either in defence of himself or his injured Allyes whom he was bound to assist in Justice as well as Humanity They were managed with all the strictness of Discipline and by all the Rules of Mercy and Clemency no Plunder committed no Violence offered to any of the Inhabitants no not to an Enemy unarmed insomuch that when Gilimer's Ambassadors that were sent to the King of the Vice-Goths fell unawares into the Power of Belizarius he treated them with Civility and sent them home with safety And lastly as for their success no Reign can equal them neither did he only stop the War for the present but for ever by rooting up as well as cutting down-all the Enemies of his Country In short when a very great part of it had for many years groan'd under the Tyranny of Barbarians he restored it entirely to its Ancient Liberties And yet this is the Devil the Plague the Fury that was sent into the World in an Humane shape for the utter destruction of the Roman Empire And thus having justified Justinian's Wars from all suspicion of injustice or cruelty let us briefly consider those other Actions by which he laid wast and depopulated the Roman Empire and that is best described in his Books de Aedificiis that were written four years after this counterfeit Libel and that is a very unhappy stumble of this barbarous Writer the ill timing of his Libel If he had written it after all the other Books of Procopius it might have had some seeming pretence to a secret History But a Libel placed between two Panegyricks looks very awkerdly and gives it self the Lie Now the Character that is given to Justinian in the Introduction to the Books de Aedificiis is but an Epitome of his eight Books of History that he recover'd the shatter'd Empire to its ancient splendor and greatness from the Barbarians and whereas Themistocles could only boast that he could make a little City great he added great and vast Kingdoms to his Dominions and divers large Provinces that were cut off from the Empire he re-united to it and built numberless new Cities And whereas the Church was torn in pieces with infinite Schisms and Factions he settled it in Peace and Unity He freed the Laws from confusion and obscurity and made the administration of Justice plain and easie he was merciful to his Enemies bountiful to all Men as much solicitous to preserve happiness of life to his Subjects as the Government of the Empire to himself He every where guarded the Frontiers and compass't in the whole Empire with new Fortifications to fence out the barbarous People that he had driven out Among the Princes of old Cyrus bears one of the greatest Names for his Vertues but whether Xenophon's description of him be altogether real or in a great measure Poetical I know not But as for Justinian I am sure he was a Father to his Country indeed and if we observe the course of his Reign that of Cyrus will appear but a trifle to it And this is best proved by his Actions for who can doubt of his Greatness when he sees the Empire so vastly enlarged or of his Clemency when he sees so many of those very Men that had conspired against his life not only to enjoy their own Lives and Estates but to be advanced to the greatest Commands in the Imperial Army and
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 Constantine 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 't is likely enough that if the Crime had been known to himself alone such was his generous Nature 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 challenge any Power to correct Ecclesiastical Persons which though it has long obtain'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 acknowledg'd by all the Popes and Councils But beside as for this story of Theophanes 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 cannot but esteem the Reports of all Writers 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 Theophanes 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 memory 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 any capacity of belief without some more credible and timely Records And for that reason I have industriously neglected all the latter Greek Historians as to any matter of Fact done at any considerable 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 patching 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 finding fault with the severity of this Law for reaching such as were Offenders before its publication when the Law declares it self to have been only enacted in pursuance of the known establisht Laws of the Empire especially the famous Law of Constantiâ—s and Constans that was ever after in force What a childish piece of malice then is it in this Author to insinuate 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 Librarian 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 Traitors to the Government and any Man that has but cast an eye upon the Imperial Story cannot but know that there never was any one Act of Treason contrived against the Prince's Life or Govâ—rnment without their encouragement or direction as in the present case Joannes Cappadox was put upon his Treason against 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 Christian from Constantine by death And yet this wretched Satyrist is so infatuated as to inveigh against it as a new piece of Cruelty in Justinian only for setting them in a disgraceful posture upon Camels and so whipping them through the City when by the Law they ought to have been executed But upon occasion of this fierce censure of the counterfeit Procopius upon the Emperor's prosecuting of Heathens and Hereticks it is become a dispute what Religion the true Procopius adhered to or whether to any at all Alemannus will have him an Atheist Rivius and Eichelius 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 especially in his last Books de Aedificiis that are for the most part a Panegyrick upon Justinian's great zeal to advance and propagate 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 Expressions of the Christian Religion and both Parties instance in the passage out of his Books de Bello Gothico wherein he expresses a great dislike of the Controversies on foot at that time that is the violent heats about the tria Capitula Which it is evident from his own description of them that he did not in the least understand but supposed them to have been too curious and philosophical Inquiries into the Secrets of the divine Nature whereas he says it is satisfaction enough to him that God Almighty govern'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 philosophick Paganism yet it is the fundamental Article of Christianity Now the dispute 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 Gentleman he frankly declares his Opinion against all bigottry in these nice and obscure Controversies and thinks that Men ought not to inquire farther into the divine Nature than the Wisdom and Goodness of his Providence This is
their Wealth into his own Coffers This is pure Romance for there is not the least mention of any such Tribute in any other Author or Record and though Alemannus as himself declares searcht all the Vatican Manuscripts in quest of it yet he could never trace any Foot-steps of it in Antiquity And it is very likely that such a singular Oppression should pass so unobserved in such a writing Age as never to be so much as suggested by any Author but this Barbarian And as for the Praefecti Praetorio that belongs to the old Topick of corrupt Officers and Ministers of State and therefore needs no particular Answer and though Alemannus reckons up 17 or 18 in his reign yet he can find no more ill Men than Joannes Cappadox Petrus Barsames and Addaeus who was put into the Office in the last year of the Emperor's life when he was past business Though beside these he says there are divers others to be found in Evagrius Agathias Procopius his other Books Theophanes and Suidas That is his standing figure when he has reckoned up all the names that he can rake together to tell us of great numbers of People that shall be nameless And whereas the Author adds that it was the Emperor's constant Custom to drain these great Officers when they were well gorged by some sham-Accusation it is so far from truth that he never prosecuted any of them but Joannes Cappadox and when he put him from Court he suffer'd him to carry his Wealth along with him But he oppressed the honest labouring Farmers As how why first by never remitting their customary Tribute Very good but if it were due by Custom then it could be no oppression And if it be thought to be too hard upon the Subject yet I find that the ablest Princes were most averse to the abatement of their Land-Taxes and there are several peremptory Rescripts against it and therefore if Justinian were so too he might justifie himself by the Examples of some of his wisest Predecessors especially considering the vast Expences of his Wars and that a great part of the Empire paid Contributions to their Enemies And yet the suggestion is as false as foolish when he remitted the ordinary Taxes to the Inhabitants of Palestine upon the Insurrection of the Samaritans and made two Christian Bishops his Surveyors and Judges to determine what abatement was fit and reasonable And in the great Plague at Constantinople in which the Rich were reduced to the same state with the Poor their Servants and Attendants being swept away he appoints an Officer to take care of all the sick and to supply all that wanted with Money and that was a greater kindness than meer abatement of just dues But secondly he imposed the Corn-Tax for the maintenance of his Army and forced the poor countrey People to carry it to the Camp But alass this was an old Tax long before Justinian's time and there are so many Laws about it in the Imperial History that nothing but meer barbarous Ignorance could have derived its beginning from Justinian and accordingly Alemannus has voucht it by the Authority of that Ecclesiastick Romance of Simeon Metaphrastes In the next place the Souldiers were opprest and that divers ways first he set Muster-Masters over them and deducted the 12 th part of every Souldier's Pay for their Salary This is pure ignorance for that Office was ever in the Army and its Salary settled without any deduction from the Souldiers as appears from his 130 Novel Secondly the Companies were not full that is a common Fault but then it was the fault of the Officers not the Emperor who allowed them full Pay and then the surplusage of the vacant Places came into their own Pockets Thirdly he dismist his old Souldiers without maing any Provision for them This is likely that he should so wholly neglect them when he built so many Hospitals for the maintenance of Aged People in which it is not to be doubted but his super-annuated Souldiers that had been useful to the Common-Wealth were preferr'd in the first place Fourthly he left the Frontiers every where unguarded As we may see by those innumerable Garrisons and Fortifications that he built round the Empire to keep out the Incursions of the Barbarians It is pretty observable that when in the whole list of Emperors there were three very eminent for guarding the Frontiers that is Constantine Theodosius the Great and Justinian that these should be particularly branded for leaving them defenceless It is the head-topick of Zosimus his fanatick Invectives against Constantine and Theodosius the Great and here it is the very Chorus of all our Rhapsodists mournful Ditties And yet there was scarce a Garrison upon the Frontiers that was not built by one of these Princes though Justinian stopt every Passage and In-road so advantageously that he made the whole Empire but one entire Fortification to it self Fifthly from those of the Militia that refused to go to the Wars he with-drew their Pay An heavy Oppression this not to reward idle People that refuse to serve their Country Sixthly he defrauded his Guards of their â—ay But why because says our Author they were useless But if they were they deserved no Pay Lastly he with-drew the quinquennial Donative If he did first to with-hold a Gift is no Robbery and secondly he did wisely not to dispense his Rewards promiscuously but according to Mens deserts and to this purpose he created a new Officer call'd Extraordinary Quaestor of the Army to reward such as did any signal piece of Service and his Donatives being great and generous it made every Souldier forward to signalize himself In the next place he opprest Merchants and spoil'd the freedom of Trade That is to say when he had built that convenient Port at Constantinople that commanded the Haven he took an account of all Ships out-ward bound that they might not export the Commodities of the Empire but especially Arms to its barbarous Enemies That is the particular grievance of this Complaint the next is the regulation of the silk-trade from Persia which we have discoursed above The next that were undone were the Lawyers by lessening their Fees and shortning their Proceedings Then it seems their Fees were grown too high and their Proceedings too dilatory and then it was a great kindness to the Subjects to reform them Though Dr. Rive is my Author that before Justinian's time the Lawyers never received any Fees from the Client but were maintain'd by Pensions from the publick But he supprest the very Physitians and Professors of Learning i. e. because he enacted so many kind Laws on their behalf under the Title de Medicis et Professoribus But then he abolisht the old Circensian Games and all the other Heathen sports for ever Then he made a Reformation that all good Men had ever desired from the first settlement of Christianity in the World Lastly he opprest the Poor As
appears by those prodigious Provisions that he made that there should be no such thing as Poverty within the Empire but for the Readers satisfaction or rather amazement in this matter I must refer him to the Books de Aedificiis And now I hope I have sufficiently vindicated the Reputation of this matchless Prince against all the malicious Calumnies both of the Libel and the Librarian so as to make it appear that it could never be written by Procopius but by some Man in the barbarous Ages that was ignorant of the Customs and Transactions of that Time and that the whole Work is nothing but an heap of ignorance malice and false-hood And is proved so by the best and most undoubted Records of that Age. And I know not what can be done more for the Discovery and Conviction of an Imposture FINIS Books lately Publisht by the Author DIsputationes de Deo et Providentiâ divinâ I. An Philosophorum ulli et quinam Athei fuerunt II. A rerum finibus Deum esse demonstratur III. Epicuri et Cartesii Hypotheses de Universi Fabricatione evertuntur IV. Mundum neque prorsus infectum neque necessitate factum sed solo Opificis consilio extructum fuisse demonstratur V. A generis humani Ortu et Corporis humani structurâ Deum esse demonstratur VI. Contrâ—â— Sâ—epticorum Academicorum disciplinam potissimùm Ciceronis de Quaestionibus Academicis libros et Cartesii Meditationes Metaphysicas disputatur The divine right of the Law of Nature and the Christian Religion The Case of the Church of England stated An Account of the Government of the Christian Church for the first six Hundred years Religion and Loyalty or a Demonstration of the Power of the Christian Church within it self The Supremacy of Soveraign Powers over it Duty of passive Obedience or Non-resistance to all their Commands Religion and Loyalty Part the 2 d. 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 Can. 2. (a) Invec 1. p. 80. A. (b) Am. Marcel l. 21. c. 2. (c) Theod. l. 4. c. 1. (d) l. 3. c. 22. (e) Sozom. l. 6. c. 3. (f) Greg. Naz. in laud. Athanas (g) Athanas de fide ad Jovian (h) Soc. l. 3. c. 25. (i) Sozom. l. 6. c. 5. (k) lib. 6. c â— (l) Lib. 26. c. 1. (m) de Males et Mathemat l. 9. v. Sozimus lib. 4. (n) ibid. l. (o) De Medicis et Professor l. 5. (p) ibid. l. 6. (q) Sozim l. 6. c. â— L. 20. Qutru Appellat sint suscip (r) Soc. l. 4. c. 12. Saeculi 40 pars prima § 14. (s) Theod. l. 4. c. 8. (t) Epist. 74. (u) Soz. l. 6. c. 12. (w) Hilarii frag l. 1. pag. 40. (x) Athanas ad Episc Afric (y) Athanas ep ad Epictelum (z) Sozom. l. 6. c. 12. (a) Theod. l. 4. c. 13 14. (b) Epist. 61. (c) Sozom. l. 4. c. 27. (d) Epist. 10. (e) ibid. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (f) Socrat. l. 4. c. 13. (g) Socrat. l. 4. c. 14. Sozom. l. 6. c 13. V. Baroâ— an 317. N. 29. et Vales. not in Socrat (h) Socrat. l. 4. c. 15. Sozom. l. 6. c. 13. (i) lib. 4. c. 19. (k) Basil Epist. 69. (l) Epist. 70. (m) V. Greg. Naz. de laud. Basil. (n) Theod. l. 5. c. 10. de Haeret. l. 33. (o) Theod. lib. 4. c. 6. (p) Cod. Theodos. de Episc Cler. l. 3. (q) Can. Apost 80. (r) Am. Marcel lib. 30. C. 6 (s) Epist. 140. (t) Soc. l. 3 c. 25. (u) Orat. 9 (w) lib. 30. (x) Ne Baptisma iteretur l. 1. (y) l. 3. * L. 75 de Decurionibus (z) de Haeret l. 4. (a) Soc. l. 5. c. 2. Sozom l. 7. c. 1. (b) Theod. l. 5.12 (c) l. 2. (d) de Haeret l. 5. (e) de Epist l. 23. (f) de concord l. 2. c. 1. § 4. (g) Novel 83. (h) Am. Marcel l. 31. (i) in Cron. (k) l. 7. c. 33. (l) lib. 4.35 c. 37. (k) Soc. l. â— c. 2. Soz. l. 7. c. 1. Theod. l. 5. c. 2. (l) lib. 3. c. 3. et c. 23. (m) l. 2. (n) Soc. l. 5. c. 4. (†) Account of the Government of the Church § 20. (c) Soc. l. 5. c. 8. Soz. l. 7. c. 7. (p) de Haeret l. 6. (q) de Haeret l. 8. (r) de Haeret l. 11.12 (s) ibid. l. 13. (t) ibid. 14. (u) de his qui super Religione contendunt l. 2. (w) V. Gothofredi Notas in legem (x) Orat. 26. (y) de fide Cathol l. 4. (a) Ruffin l. 2. c. 16. (b) Lib. 4. Epist. 32. (c) Ambros. l. 5. Epist. 27. in which Letter he gives an account of his Embassy to the Emperor (*) Zosimus lib. 4. (d) Ambrose Ep. 26. (e) See his Epistles in their proper place in Labbé (f) De Haeret l. 15. (g) Sozom. l. 7. c. 14. (h) Ambros. Ep. 29. (i) Soc. l. 5. c. 13. (k) De Haeret l. 16. (l) l. 17. (m) De Haeret l. 19. (n) Lib. 7. c. 17. (o) Soc. l. 5. c. 20 22 23. Sozom. l. 7. c. 17. (p) De Episc l. 2â— (q) An. 390. N. 70 71. (r) Lib. 2â— c. 3. (s) Dé Episc l. 20 (t) Epist 31. (u) Marciani Novella 5. (w) De Testam l. 48. (x) De Mâ—nachis l. 1. (y) De D curionibus l. 63. (z) De Episc l. 3.6 9 Cod. Tit. 45. De bis qui ad Eccles confâ—g l. 1. Tacit. Annal lib. 3. (a) De Haeret l. 3. (†) De Haeret l. 65. (b) De Haeret l. 7.9.11.18.20 (c) De Apoatis l. 3. (d) De Apostatis l. 1. (e) De Haeret l. 2. (f) De Haeret l. 3 4 5. (g) Qui sanctum baptisma prophan (h) De Paganis l. 7. (i) De Maleficis l. 7. (k) De pag. l. 8. (l) De Pag. l. 9. (m) Ibid. l. 10. (n) Ibid. l. 11. (o) Ibid. l. 12. (p) De Judais l. 8. (q) Lib. 5. Epist. 29. (r) De Haeret l. 6. Anno 368. Anno 369. Anno 371. N. 1 2 3 4. V. Labbé Vol. 2. Anno 381. p. 1001. Lib. 9. Tit. 29. c. 1. †Ne inter bellicas necessitâ—tes obreptio importuna teâ—tâ—tur (a) Ad annum 385. M. 6. (b) Soc. l. 3. c. 4. (c) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Theod. l. 4. c. 22. (d) Lib. 4. c. 21 22. (e) Sozom. l. 7. c. 5. (f) De Haeret l. 6. (g) Extrav de Episcopali Judicio l. 3. * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. (l) l. 5. c. 23 (i) Soz. l. 7. c. 15. (l) Soz. l. 8. c. 3. (l) Pallad dial (m) de his qui super Religione contendunt l. 6. (n) De Haereâ—â—bus Priscillianus instituit maximè Gnosticorum Manichaeorum dogmata permixta sectantur Quamvis et ex aliis Haeresibus in eas sordes tanquam in sentinam quandam horribili confusione confluxerint Propter occultandas autem contaminationes et