History of the Decline and Fall of the Roman Empire — Volume 2Gibbon, Edward
History
History of the Decline and Fall of the Roman Empire — Volume 2
Gibbon, Edward
Byzantine Empire -- History -- To 527; Rome -- History -- Empire, 30 B.C.-476 A.D.
The answer of Trajan, to which the Christians of the succeeding
age have frequently appealed, discovers as much regard for
justice and humanity as could be reconciled with his mistaken
notions of religious policy. 59 Instead of displaying the
implacable zeal of an inquisitor, anxious to discover the most
minute particles of heresy, and exulting in the number of his
victims, the emperor expresses much more solicitude to protect
the security of the innocent, than to prevent the escape of the
guilty. He acknowledged the difficulty of fixing any general
plan; but he lays down two salutary rules, which often afforded
relief and support to the distressed Christians. Though he
directs the magistrates to punish such persons as are legally
convicted, he prohibits them, with a very humane inconsistency,
from making any inquiries concerning the supposed criminals. Nor
was the magistrate allowed to proceed on every kind of
information. Anonymous charges the emperor rejects, as too
repugnant to the equity of his government; and he strictly
requires, for the conviction of those to whom the guilt of
Christianity is imputed, the positive evidence of a fair and open
accuser. It is likewise probable, that the persons who assumed so
invidiuous an office, were obliged to declare the grounds of
their suspicions, to specify (both in respect to time and place)
the secret assemblies, which their Christian adversary had
frequented, and to disclose a great number of circumstances,
which were concealed with the most vigilant jealousy from the eye
of the profane. If they succeeded in their prosecution, they were
exposed to the resentment of a considerable and active party, to
the censure of the more liberal portion of mankind, and to the
ignominy which, in every age and country, has attended the
character of an informer. If, on the contrary, they failed in
their proofs, they incurred the severe and perhaps capital
penalty, which, according to a law published by the emperor
Hadrian, was inflicted on those who falsely attributed to their
fellow-citizens the crime of Christianity. The violence of
personal or superstitious animosity might sometimes prevail over
the most natural apprehensions of disgrace and danger but it
cannot surely be imagined, 60 that accusations of so unpromising
an appearance were either lightly or frequently undertaken by the
Pagan subjects of the Roman empire. 6011
59 (return) [ Plin. Epist. x. 98. Tertullian (Apolog. c. 5)
considers this rescript as a relaxation of the ancient penal
laws, “quas Trajanus exparte frustratus est:” and yet Tertullian,
in another part of his Apology, exposes the inconsistency of
prohibiting inquiries, and enjoining punishments.]
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