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s jealous monarch; the artful or peremptory refusal of the Byzantine court might excuse an equal, and would provoke a larger, measure of retaliation; and a mandate was prepared in Italy, to prohibit, after a stated day, the exercise of the Catholic worship. By the bigotry of his subjects and enemies, the most tolerant of princes was driven to the brink of persecution; and the life of Theodoric was too long, since he lived to condemn the virtue of Boethius and Symmachus. [88] [Footnote 86: The Jews were settled at Naples, (Procopius, Goth. l. i. c. 8,) at Genoa, (Var. ii. 28, iv. 33,) Milan, (v. 37,) Rome, (iv. 43.) See likewise Basnage, Hist. des Juifs, tom. viii. c. 7, p. 254.] [Footnote 8611: See History of the Jews vol. iii. p. 217.--M.] [Footnote 87: Rex avidus communis exitii, &c., (Boethius, l. i. p. 59:) rex colum Romanis tendebat, (Anonym. Vales. p. 723.) These are hard words: they speak the passions of the Italians and those (I fear) of Theodoric himself.] [Footnote 8711: Gibbon should not have omitted the golden words of Theodoric in a letter which he addressed to Justin: That to pretend to a dominion over the conscience is to usurp the prerogative of God; that by the nature of things the power of sovereigns is confined to external government; that they have no right of punishment but over those who disturb the public peace, of which they are the guardians; that the most dangerous heresy is that of a sovereign who separates from himself a part of his subjects because they believe not according to his belief. Compare Le Beau, vol viii. p. 68.--M] [Footnote 88: I have labored to extract a rational narrative from the dark, concise, and various hints of the Valesian Fragment, (p. 722, 723, 724,) Theophanes, (p. 145,) Anastasius, (in Johanne, p. 35,) and the Hist Miscella, (p. 103, edit. Muratori.) A gentle pressure and paraphrase of their words is no violence. Consult likewise Muratori (Annali d' Italia, tom. iv. p. 471-478,) with the Annals and Breviary (tom. i. p. 259--263) of the two Pagis, the uncle and the nephew.] The senator Boethius [89] is the last of the Romans whom Cato or Tully could have acknowledged for their countryman. As a wealthy orphan, he inherited the patrimony and honors of the Anician family, a name ambitiously assumed by the kings and emperors of the age; and the appellation of Manlius asserted his genuine or fabulous descent from a race of consuls and dictators, who had repulse
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