If, indeed, the laws of the empire could have been supposed to have had any influence over those fierce barbarians, who conceived that the empire itself lay before them as a spoil, they might have been told that Constantine, taking the offence of alleged magicians and sorcerers in the same light in which it was viewed in the law of Moses, had denounced death against any who used these unlawful enquiries into futurity.  “Let the unlawful curiosity of prying into futurity,” says the law, “be silent in every one henceforth and for ever.[11] For, subjected to the avenging sword of the law, he shall be punished capitally who disobeys our commands in this matter.”

[Footnote 11:  “Codex,” lib. ix. tit. 18, cap. 1, 2, 3, 5, 6, 7, 8.]

If, however, we look more closely into this enactment, we shall be led to conclude that the civil law does not found upon the prohibitions and penalties in Scripture; although it condemns the ars mathematica (for the most mystic and uncertain of all sciences, real or pretended, at that time held the title which now distinguishes the most exact) as a damnable art, and utterly interdicted, and declares that the practitioners therein should die by fire, as enemies of the human race—­yet the reason of this severe treatment seems to be different from that acted upon in the Mosaical institutions.  The weight of the crime among the Jews was placed on the blasphemy of the diviners, and their treason against the theocracy instituted by Jehovah.  The Roman legislators were, on the other hand, moved chiefly by the danger arising to the person of the prince and the quiet of the state, so apt to be unsettled by every pretence or encouragement to innovation.  The reigning emperors, therefore, were desirous to place a check upon the mathematics (as they termed the art of divination), much more for a political than a religious cause, since we observe, in the history of the empire, how often the dethronement or death of the sovereign was produced by conspiracies or mutinies which took their rise from pretended prophecies.  In this mode of viewing the crime, the lawyers of the lower empire acted upon the example of those who had compiled the laws of the twelve tables.[12] The mistaken and misplaced devotion which Horace recommends to the rural nymph, Phidyle, would have been a crime of a deep dye in a Christian convert, and must have subjected him to excommunication, as one relapsed to the rites of paganism; but he might indulge his superstition by supposing that though he must not worship Pan or Ceres as gods, he was at liberty to fear them in their new capacity of fiends.  Some compromise between the fear and the conscience of the new converts, at a time when the church no longer consisted exclusively of saints, martyrs, and confessors, the disciples of inspired Apostles, led them, and even their priestly guides, subject like themselves to human passions and errors, to resort as a charm, if not as an act of worship, to those sacrifices, words, and ritual, by which the heathen, whom they had succeeded, pretended to arrest evil or procure benefits.