s industrious
part of mankind, instead of rejoicing in an increase of family, deemed
it an act of paternal tenderness to release their children from the
impending miseries of a life which they themselves were unable to
support. The humanity of Constantine; moved, perhaps, by some recent and
extraordinary instances of despair, * engaged him to address an edict to
all the cities of Italy, and afterwards of Africa, directing immediate
and sufficient relief to be given to those parents who should produce
before the magistrates the children whom their own poverty would
not allow them to educate. But the promise was too liberal, and the
provision too vague, to effect any general or permanent benefit. The
law, though it may merit some praise, served rather to display than to
alleviate the public distress. It still remains an authentic monument to
contradict and confound those venal orators, who were too well satisfied
with their own situation to discover either vice or misery under the
government of a generous sovereign. 2. The laws of Constantine against
rapes were dictated with very little indulgence for the most amiable
weaknesses of human nature; since the description of that crime was
applied not only to the brutal violence which compelled, but even to the
gentle seduction which might persuade, an unmarried woman, under the
age of twenty-five, to leave the house of her parents. "The successful
ravisher was punished with death; and as if simple death was inadequate
to the enormity of his guilt, he was either burnt alive, or torn in
pieces by wild beasts in the amphitheatre. The virgin's declaration,
that she had been carried away with her own consent, instead of
saving her lover, exposed her to share his fate. The duty of a public
prosecution was intrusted to the parents of the guilty or unfortunate
maid; and if the sentiments of nature prevailed on them to dissemble
the injury, and to repair by a subsequent marriage the honor of their
family, they were themselves punished by exile and confiscation. The
slaves, whether male or female, who were convicted of having been
accessory to rape or seduction, were burnt alive, or put to death by
the ingenious torture of pouring down their throats a quantity of melted
lead. As the crime was of a public kind, the accusation was permitted
even to strangers. The commencement of the action was not limited to any
term of years, and the consequences of the sentence were extended to the
inno