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"their country, have taken refuge in distant and obscure exile.” He urges, and even compels, their return to their respective cities; but he removes the grievance which had forced them to desert the exercise of their municipal functions. They are directed, under the authority of the provincial magistrates, to resume their office of levying the tribute; but, instead of being made responsible for the whole sum assessed on their district, they are only required to produce a regular account of the payments which they have actually received, and of the defaulters who are still indebted to the public. IV. But Majorian was not ignorant that these corporate bodies were too much inclined to retaliate the injustice and oppression which they had suffered, and he therefore revives the useful office of the defenders of cities. He exhorts the people to elect, in a full and free assembly, some man of discretion and integrity who would dare to assert their privileges, to represent their grievances, to protect the poor from the tyranny of the rich, and to inform the emperor of the abuses that were committed under the sanction of his name and authority.b

The spectator who casts a mournful view over the ruins of ancient Rome is tempted to accuse the memory of the Goths and The edifices Vandals for the mischief which they had neither leisure, of Rome. nor power, nor perhaps inclination, to perpetrate. The tempest of war might strike some lofty turrets to the ground; but the destruction which undermined the foundations of those massy fabrics was prosecuted, slowly and silently, during a period of ten centuries; and the motives of interest, that afterwards operated without shame or control, were severely checked by the taste and spirit of the emperor Majorian. The decay of the city had gradually impaired the value of the public works. The circus and theatres might still excite, but they seldom gratified, the desires of the people: the temples which had escaped the zeal of the Christians were no longer inhabited either by gods or men; the diminished crowds of the Romans were lost in the immense space of their baths and porticoes; and the stately libraries and halls of justice became useless to an indolent generation whose repose was seldom disturbed either by

a On the miserable condition of the municipal senates in the later times of the empire, see Editor's note, vol. ii. p. 335.-S.

b Until about the time of Constantine, Defensor was the title of persons who were employed in municipal matters of merely a temporary kind. But in the first half or about the middle of the fourth century the Defensores appear as regular established functionaries. Their title is Defensor Civitatis, Plebis, Loci.

They were elected by the whole town, and not simply by the decurions; and, unlike the magistrates, who were chosen from the decurions, they could not be taken from the latter body. The office was originally for five years, but, after the time of Justinian, only for two years. The principal business of the Defensor, to which his name refers, was to protect his town against the oppression of the governor. See Savigny, Geschichte des Römischen Rechts, vol. i. p. 88.-S.

study or business. The monuments of consular or Imperial greatness were no longer revered as the immortal glory of the capital: they were only esteemed as an inexhaustible mine of materials, cheaper, and more convenient, than the distant quarry. Specious petitions were continually addressed to the easy magistrates of Rome which stated the want of stones or bricks for some necessary service: the fairest forms of architecture were rudely defaced for the sake of some paltry or pretended repairs; and the degenerate Romans, who converted the spoil to their own emolument, demolished, with sacrilegious hands, the labours of their ancestors. Majorian, who had often sighed over the desolation of the city, applied a severe remedy to the growing evil.43 He reserved to the prince and senate the sole cognizance of the extreme cases which might justify the destruction of an ancient edifice; imposed a fine of fifty pounds of gold (two thousand pounds sterling) on every magistrate who should presume to grant such illegal and scandalous licence; and threatened to chastise the criminal obedience of their subordinate officers by a severe whipping and the amputation of both their hands. In the last instance the legislator might seem to forget the proportion of guilt and punishment; but his zeal arose from a generous principle, and Majorian was anxious to protect the monuments of those ages in which he would have desired and deserved to live. The emperor conceived that it was his interest to increase the number of his subjects; that it was his duty to guard the purity of the marriagebed but the means which he employed to accomplish these salutary purposes are of an ambiguous, and perhaps exceptionable, kind. The pious maids who consecrated their virginity to Christ were restrained from taking the veil till they had reached their fortieth year. Widows under that age were compelled to form a second alliance within the term of five years, by the forfeiture of half their wealth to their nearest relations or to the state. Unequal marriages were condemned or annulled. The punishment of confiscation and exile was deemed so inadequate to the guilt of adultery, that, if the criminal returned to Italy, he might, by the express declaration of Majorian, be slain with impunity.44

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43 The whole edict (Novell. Majorian. tit. vi. p. 35) is curious. Antiquarum "ædium dissipatur speciosa constructio; et ut [earum] aliquid reparetur, magna "diruuntur. Hinc jam occasio nascitur, ut etiam unusquisque privatum ædificium construens, per gratiam judicum. præsumere de publicis locis necessaria, et "transferre non dubitet," &c. With equal zeal, but with less power, Petrarch, in the fourteenth century, repeated the same complaints (Vie de Petrarque, tom. i. p. 326, 327). If I prosecute this History, I shall not be unmindful of the decline and fall of the city of Rome-an interesting object, to which my plan was originally confined.

44 The emperor chides the lenity of Rogatian, consular of Tuscany, in a style of

A.D. 457.

MAJORIAN PREPARES TO INVADE AFRICA.

invade

A.D. 457.

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While the emperor Majorian assiduously laboured to restore the happiness and virtue of the Romans, he encountered the Majorian arms of Genseric, from his character and situation their prepares to most formidable enemy. A fleet of Vandals and Moors Africa, landed at the mouth of the Liris or Garigliano; but the Imperial troops surprised and attacked the disorderly barbarians, who were encumbered with the spoils of Campania; they were chased with slaughter to their ships, and their leader, the king's brother-in-law, was found in the number of the slain.45 Such vigilance might announce the character of the new reign, but the strictest vigilance and the most numerous forces were insufficient to protect the longextended coast of Italy from the depredations of a naval war. The public opinion had imposed a nobler and more arduous task on the genius of Majorian. Rome expected from him alone the restitution of Africa, and the design which he formed of attacking the Vandals in their new settlements was the result of bold and judicious policy. If the intrepid emperor could have infused his own spirit into the youth of Italy; if he could have revived in the field of Mars the manly exercises in which he had always surpassed his equals; he might have marched against Genseric at the head of a Roman army. Such a reformation of national manners might be embraced by the rising generation; but it is the misfortune of those princes who laboriously sustain a declining monarchy, that, to obtain some immediate advantage, or to avert some impending danger, they are forced to countenance, and even to multiply, the most pernicious abuses. Majorian, like the weakest of his predecessors, was reduced to the disgraceful expedient of substituting barbarian auxiliaries in the place of his unwarlike subjects: and his superior abilities could only be displayed in the vigour and dexterity with which he wielded a dangerous instrument, so apt to recoil on the hand that used it. Besides the confederates who were already engaged in the service of the empire, the fame of his liberality and valour attracted the nations of the Danube, the Borysthenes, and perhaps of the Tanais. Many thousands of the bravest subjects of Attila, the Gepida, the Ostrogoths, the Rugians, the Burgundians, the Suevi, the Alani, assembled in the plains of Liguria, and their formidable strength was balanced by their mutual animosities. 46 They passed the Alps in a severe

acrimonious reproof, which sounds almost like personal resentment (Novell. tit. ix. p. 37). The law of Majorian which punished obstinate widows was soon afterwards repealed by his successor Severus (Novell. Sever. tit. i. p. 37).

45 Sidon. Panegyr. Majorian. 385-440.

6 The review of the army, and passage of the Alps, contain the most tolerable passages of the Panegyric (470-552). M. de Buat (Hist. des Peuples, &c., tom. viii. p. 49-55) is a more satisfactory commentator than either Savaron or Sirmond.

winter. The emperor led the way on foot and in complete armour, sounding with his long staff the depth of the ice or snow, and encouraging the Scythians, who complained of the extreme cold, by the cheerful assurance that they should be satisfied with the heat of Africa. The citizens of Lyons had presumed to shut their gates: they soon implored, and experienced, the clemency of Majorian. He vanquished Theodoric in the field, and admitted to his friendship and alliance a king whom he had found not unworthy of his arms. The beneficial though precarious reunion of the greatest part of Gaul and Spain was the effect of persuasion as well as of force; and the independent Bagaudæ, who had escaped or resisted the oppression of former reigns, were disposed to confide in the virtues of Majorian. His camp was filled with barbarian allies; his throne was supported by the zeal of an affectionate people; but the emperor had foreseen that it was impossible without a maritime power to achieve the conquest of Africa. In the first Punic war the republic had exerted such incredible diligence that, within sixty days after the first stroke of the axe had been given in the forest, a fleet of one hundred and sixty galleys proudly rode at anchor in the sea.48 Under circumstances much less favourable, Majorian equalled the spirit and perseverance of the ancient Romans. The woods of the Apennine were felled; the arsenals and manufactures of Ravenna and Misenum were restored; Italy and Gaul vied with each other in liberal contributions to the public service; and the Imperial navy of three hundred large galleys, with an adequate proportion of transports and smaller vessels, was collected in the secure and capacious harbour of Carthagena in Spain.49 The intrepid countenance of Majorian animated his troops with a confidence of victory; and if we might credit the historian Procopius, his courage sometimes hurried him beyond the bounds of prudence. Anxious to explore with his own eyes the state of the Vandals, he ventured, after disguising the colour of his hair, to visit Carthage in the character of his own ambassador: and Genseric was afterwards

47 Tà μèv öπ2015, rà di aóyous, is the just and forcible distinction of Priscus (Excerpt. Legat. p. 42 [p. 156, ed. Bonn]), in a short fragment which throws much light on the history of Majorian. Jornandes has suppressed the defeat and alliance of the Visigoths, which were solemnly proclaimed in Gallicia, and are marked in the Chronicle of Idatius.

48 Florus, 1. ii. c. 2. He amuses himself with the poetical fancy that the trees had been transformed into ships; and, indeed, the whole transaction, as it is related in the first book of Polybius, deviates too much from the probable course of human events.

49 Interea duplici texis dum littore classem
Inferno superoque mari, cadit omnis in æquor
Silva tibi, &c.

Sidon. Panegyr. Majorian. 441-461.

The number of ships, which Priscus fixes at 300, is magnified, by an indefinite comparison with the fleets of Agamemnon, Xerxes, and Augustus.

A.D. 457.

LOSS OF HIS FLEET.

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mortified by the discovery that he had entertained and dismissed the emperor of the Romans. Such an anecdote may be rejected as an improbable fiction, but it is a fiction which would not have been imagined unless in the life of a hero.50

Without the help of a personal interview, Genseric was sufficiently acquainted with the genius and designs of his adversary. The loss of He practised his customary arts of fraud and delay, but he his fleet. practised them without success. His applications for peace became each hour more submissive, and perhaps more sincere; but the inflexible Majorian had adopted the ancient maxim that Rome could not be safe as long as Carthage existed in a hostile state. The king of the Vandals distrusted the valour of his native subjects, who were enervated by the luxury of the South;51 he suspected the fidelity of the vanquished people, who abhorred him as an Arian tyrant; and the desperate measure which he executed of reducing Mauritania into a desert 52 could not defeat the operations of the Roman emperor, who was at liberty to land his troops on any part of the African coast. But Genseric was saved from impending and inevitable ruin by the treachery of some powerful subjects, envious or apprehensive of their master's success. Guided by their secret intelligence, he surprised the unguarded fleet in the bay of Carthagena: many of the ships were sunk, or taken, or burnt; and the preparations of three years were destroyed in a single day. After this event the behaviour of the two antagonists showed them superior to their fortune. The Vandal, instead of being elated by this accidental victory, immediately renewed his solicitations for peace. The emperor of the West, who was capable of forming great designs and of supporting heavy disappointments, consented to a treaty, or rather to a suspension of arms, in the full assurance that before he could restore his navy he should be supplied with provocations to justify a second war. Majorian

53

50 Procopius de Bell. Vandal. 1. i. c. 7, p. 194 [tom. i. p. 341, ed. Bonn]. When Genseric conducted his unknown guest into the arsenal of Carthage, the arms clashed of their own accord. Majorian had tinged his yellow locks with a black colour.

51

Spoliisque potitus

Immensis, robur luxû jam perdidit omne,

Quo valuit dum pauper erat.

Panegyr. Majorian. 330.

He afterwards applies to Genseric, unjustly as it should seem, the vices of his subjects.

52 He burnt the villages and poisoned the springs (Priscus, p. 42 [p. 156, ed. Bonn]). Dubos (Hist. Critique, tom. i. p. 475) observes that the magazines which the Moors buried in the earth might escape his destructive search. Two or three hundred pits are sometimes dug in the same place, and each pit contains at least four hundred bushels of corn. Shaw's Travels, p. 139.

53 Idatius, who was safe in Gallicia from the power of Ricimer, boldly and honestly declares, Vandali per proditores admoniti, &c.: he dissembles, however, the name of

the traitor.

VOL. IV

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