History of the Decline and Fall of the Roman Empire — Volume 2 by Edward Gibbon
page 286 of 1048 (27%)
page 286 of 1048 (27%)
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had taken for the security of his kinsmen.]
[Footnote *: The authority of Philostorgius is so suspicious, as not to be sufficient to establish this fact, which Gibbon has inserted in his history as certain, while in the note he appears to doubt it. - G.] [Footnote 51: Conjugia sobrinarum diu ignorata, tempore addito percrebuisse. Tacit. Annal. xii. 6, and Lipsius ad loc. The repeal of the ancient law, and the practice of five hundred years, were insufficient to eradicate the prejudices of the Romans, who still considered the marriages of cousins-german as a species of imperfect incest. (Augustin de Civitate Dei, xv. 6;) and Julian, whose mind was biased by superstition and resentment, stigmatizes these unnatural alliances between his own cousins with the opprobrious epithet (Orat. vii. p. 228.). The jurisprudence of the canons has since received and enforced this prohibition, without being able to introduce it either into the civil or the common law of Europe. See on the subject of these marriages, Taylor's Civil Law, p. 331. Brouer de Jure Connub. l. ii. c. 12. Hericourt des Loix Ecclesiastiques, part iii. c. 5. Fleury, Institutions du Droit Canonique, tom. i. p. 331. Paris, 1767, and Fra Paolo, Istoria del Concilio Trident, l. viii.] [Footnote 52: Julian (ad S. P.. Q. Athen. p. 270) charges his cousin Constantius with the whole guilt of a massacre, from which he himself so narrowly escaped. His assertion is confirmed by Athanasius, who, for reasons of a very different nature, was not less an enemy of Constantius, (tom. i. p. 856.) Zosimus joins in the same accusation. But the three abbreviators, Eutropius and the Victors, use very qualifying expressions: "sinente potius |
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