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to have saved him; but no-the sentence was confirmed, and he was executed, without mercy. Voltaire.

No christian emperor before the tyrant Maximus ever thought of condemning a man to punishment merely for points of controversy. It is true, indeed, that two Spanish bishops pursued to death the Priscilianists under Maximus; but it is also true that this tyrant was willing to gratify the reigning party with the blood of heretics. Barbarity and justice were to him indifferent. Jealous of Theodosius, a Spaniard like himself, he endeavoured to deprive him of the empire of the east, as he had already obtained that of the west. Theodosius was hated for his cruelties; but he had found the means of gaining to his party the heads of the church. Maximus was willing to display the same zeal, and to attach the Spanish bishops to his faction. He flattered both the old and the new religion; he was as treacherous as inhuman, as indeed were all those who at that time either pretended to or obtained empire. That vast part of the world was then governed like Algiers at present. Emperors were ereated and dethroned by the military power, and were often chose from among nations that were reputed barbarous. Theodosius opposed to his competitor other barbarians from Scythia. He filled the army with Goths, and surprised Alaric, the, conqueror of Rome. In this horrible confusion, each endeavoured to strengthen his party by every means in his power.

Maximus having caused the Emperor Gratian, the colleague of Theodosius, to be assassinated at Lyons, meditated the destruction of Valentinian the Second, who, during his infancy, had been named successor to Gratian. He assembled at Treves a

powerful

powerful army, composed of Gauls and Germans. He caused troops to be levied in Spain; when two Spanish bishops, Idacio and Ithacus, or Itacius, both men of credit, came and demanded of him the blood of Priscilian and all his adherents, who were of opinion that souls were emanations from God, that the Trinity did not contain three hypostases, and, moreover, they carried their sacrilege so far as to fast on Sundays. Maximus, half pagan, half christian, soon perceived the enormity of these crimes. The holy bishops, Idacio and Itacius, obtained leave to torture Priscilian and his accomplices before they were put to death. They were both present, that things might be done according to order; and they returned blessing God, and numbering Maximus, the defender of the faith, among the saints. But Maximus, being afterwards defeated by Theodosius, and assassinated at the feet of his conqueror, had not the good fortune to be canonized.

It is proper to observe, that Saint Martin, Bishop of Tours, who was really a good man, solicited the pardon of Priscilian; but being himself accused of heresy by the bishops, he returned to Tours for fear of the torture at Treves.

As to Priscilian, he had the consolation, after he was hanged, of being honoured by his sect as a martyr. His feast was celebrated, and would be celebrated still, if there were any Priscilianists remaining.

This example made the entire church tremble; but it was soon after imitated and surpassed. Priscilianists had been put to death by the sword, the halter, and by lapidation. A young lady of quality, suspected to have fasted on a Sunday, was, at Bourdeaux, only stoned to death. These punish

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ments appeared too mild; it was proved that God required that heretics should be roasted alive. The peremptory argument in support of this opinion was, that God punishes them in that manner in the next world, and that every prince, or his representative, even down to a petty constable, is the image of God in this sublunary world.

On this principle it was, that, all over Europe, they burnt witches and sorcerers, who were manifestly under the empire of the devil, and also heterodox christians, who were deemed still more criminal and dangerous.

It is not certainly known what was the crime of those priests who were burnt at Orleans, in the presence of King Robert and his wife Constantia, in the year 1022: how, indeed, should it be known, there being at that time but a small number of clerks and monks that could write? All we certainly know is, that Robert and his wife feasted their eyes with this abominable spectacle. One of the sectaries had been confessor to her majesty, who thought she could not better repair the misfortune of having confessed to a heretic than by seeing him devoured by the flames. Voltaire.

RACK. See TORTURE.

RAPE.

By the law of Egypt, rapes were punished by cutting off the offending parts. The Athenian laws compelled the ravisher of a virgin to marry her. It was long before this offence was punished capitally by the Roman law; but at length the Lex Julia inflicted the pains of death on the ravisher. The Jewish law also punished this crime with death;

but

but if a virgin was deflowered without force, the offender was obliged to pay a fine and marry the

woman.

By the 18th of Elizabeth, cap. 7, this offence was made felony without benefit of clergy.

It is certainly of a very heinous nature, and, if tolerated, would be subversive of all order and morality; yet it may still be questioned how far it is either useful or politic to punish it with death; and is worth considering, whether, well knowing that it originates in the irregular and inordinate gratification of unruly appetite, the injury to society may not be repaired without destroying the offender.

In most cases, this injury might be repaired by compelling, where it could be done with propriety, the criminal to marry the injured party; and it would be well for society if the same rule extended not only to all forcible violations of chastity, but even to instances of premeditated and systematic seduction.

In cases, however, where marriage could not take place, on account of legal disability or refusal on the part of the woman, the criminal ought to be severely punished, by pecuniary damages to the party injured, and by hard labour and confinement, or transportation for life. Colquhoun.

RECEIVERS OF STOLEN COMMERCIAL
PROPERTY.

This mischievous class of men were heretofore extremely numerous, and divided into various classes. Those denominated Copemen formed the junto of wholesale dealers, who were accustomed to visit ships on their arrival, for the purpose of entering

2 F 2

entering into contract with such revenue officers or mates as they had formerly known or dealt with, and such others as they could, by means of friendly officers, seduce to their views.

Their negociations were carried on in a language and in terms peculiar to themselves; and commenced by settling the price of

Sand, by which, in their cant language,

was meant

Beans

Peas

: Vinegar

Malt

to

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It was their custom to afford assistance wherever such articles were to be procured, by providing black straps, i.e. a number of bags dyed black, contain sugar, and calculated to stow easily in the bottom of boats, without being discovered, on account of the colour. They also procured bladders with wooden nozles, for the purpose of containing rum, brandy, geneva, and other liquors, and furnished boats to convey the plunder from the ships during the night.

Some of these receivers had acquired considerable sums of money by their nefarious traffic, and were able to tempt and seduce those who would permit them to plunder the cargo, by administering to their wants by considerable advances of money, which, however, rarely amounted to a moiety of the value of the goods obtained, and frequently not one fourth part, particularly in the article of coffee.

Other classes of receivers purchased from the lumpers, coopers, &c. after the property was land

ed

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