A.D. 505. and turbulent neighbours; and his justice might claim the lands which they oppressed, either as a part of his kingdom, or as the inheritance of his father. The greatness of a servant, who was named perfidious because he was successful, awakened the jealousy o the emperor Anastasius; and a war was kindled on the Dacian frontier, by the protection which the Gothic king, in the vicissitude of human affairs, had granted to one of the descendants of Attila. Sabinian, a general illustrious by his own and father's merit, advanced at the head of ten thousand Romans; and the provisions and arms, which filled a long train of waggons, were distributed to the fiercest of the Bulgarian tribes. But in the fields of Margus the Eastern powers were defeated by the inferior forces of the Goths and Huns; the flower and even the hope of the Roman armies was irretrievably destroyed; and such was the temperance with which Theodoric had inspired his victorious troops, that, as their leader had not given the signal of pillage, the rich spoils of the enemy lay untouched at their feet.45 Exasperated by this armament, disgrace, the Byzantine court despatched two hundred ships and eight thousand men to plunder the sea-coast of Calabria and Apulia: they assaulted the ancient city of Tarentum, interrupted the trade and agriculture of an happy country, and sailed back to the Hellespont, proud of their piratical victory over a people whom they still presumed to consider as their Roman brethren.46 Their retreat was possibly hastened by the activity of Theodoric; Italy was covered by a fleet of a thousand light vessels, which he constructed with incredible despatch; and his firm moderation was soon rewarded by a solid and honourable peace. He maintained with a powerful hand the balance of the West, till it was at length overthrown by the ambition of Clovis; and although unable to assist his rash and unfortunate kinsman the king of the Visigoths, he saved the remains of his family and people, and checked the Franks in the midst of their victorious career. I am not desirous to prolong or repeat 48 this His naval A.D. 509. 45 See the Gothic transactions on the Danube and in Illyricum, in Jornandes (c. 58, p. 699), Ennodius (p. 1607-1610), Marcellinus (in Chron. p. 44, 47, 48), and CasBiodorus (in Chron. and Var. iii. 23, 50; iv. 13; vii. 4, 24; viii. 9, 10, 11, 21; ix. 8, 9). 46 I cannot forbear transcribing the liberal and classic style of Count Marcellinus: Romanus comes domesticorum, et Rusticus comes scholariorum cum centum armatis navibus, totidemque dromonibus, octo millia militum armatorum secum ferentibus, ad devastanda Italiæ littora processerunt, et usque ad Tarentum antiquissimam civitatem aggressi sunt; remensoque mari inhonestam victoriam quam piratico ausu Romani ex Romanis rapuerunt, Anastasio Cæsari reportarunt (in Chron. p. 48 [anno 508]). See Variar. i. 16, ii. 38. 47 See the royal orders and instructions (Var. iv. 15; v. 16–20). These armed boats should be still smaller than the thousand vessels of Agamemnon at the siege of Troy [Manso, p. 121]. Vol. iv. p. 357, seq. narrative of military events, the least interesting of the reign of Theodoric; and shall be content to add that the Alemanni were protected," that an inroad of the Burgundians was severely chastised, and that the conquest of Arles and Marseilles opened a free communication with the Visigoths, who revered him both as their national protector, and as the guardian of his grandchild, the infant son of Alaric. Under this respectable character, the king of Italy restored the Prætorian præfecture of the Gauls, reformed some abuses in the civil government of Spain, and accepted the annual tribute and apparent submission of its military governor, who wisely refused to trust his person in the palace of Ravenna. 50 The Gothic sovereignty was established from Sicily to the Danube, from Sirmium or Belgrade to the Atlantic Ocean; and the Greeks themselves have acknowledged that Theodoric reigned over the fairest portion of the Western empire.51 Civil govern ment of Italy according to the Roman laws. The union of the Goths and Romans might have fixed for ages the transient happiness of Italy; and the first of nations, a new people of free subjects and enlightened soldiers, might have gradually arisen from the mutual emulation of their respective virtues. But the sublime merit of guiding or seconding such a revolution was not reserved for the reign of Theodoric: he wanted either the genius or the opportunities of a legislator; 52 and while he indulged the Goths in the enjoyment of rude liberty, he servilely copied the institutions, and even the abuses, of the political system which had been framed by Constantine and his successors. From a tender regard to the expiring prejudices of Rome, the barbarian declined the name, the purple, and the diadem of the emperors; but he assumed, under the hereditary title of king, 49 Ennodius (p. 1610) and Cassiodorus, in the royal name (Var. ii. 41), record his salutary protection of the Alemanni. 50 The Gothic transactions in Gaul and Spain are represented with some perplexity in Cassiodorus (Var. iii. 32, 38, 41, 43, 44; v. 39), Jornandes (c. 58, p. 698, 699), and Procopius (Goth. 1. i. c. 12). I will neither hear nor reconcile the long and contradictory arguments of the Abbé Dubos and the Count de Buat, about the wars of Burgundy. Si Theophanes, p. 113 [p. 203, ed. Bonn]. 52 Procopius affirms that no laws whatsoever were promulgated by Theodoric and tne succeeding kings of Italy (Goth. 1. ii. c. 6 [tom. ii. p. 170, ed. Bonn]). He must mean in the Gothic language. A Latin edict of Theodoric is still extant, in one hundred and fifty-four articles.a • This edict was promulgated in A.D. 500, and its laws applied to the Goths and to the Romans. While the Goths retained the exclusive possession of arms, it was the policy of Theodoric to unite them and the Romans in all their civil relations into one people. In this respect the VOL. V. Ostrogothic kingdom differed from all the other German states founded upon the downfall of the empire, since in the latter each nation preserved its separate lawe Savigny, Geschichte des Römischen Rechts. vol. ii. p. 172 seq., 2nd ed.—S. His the whole substance and plenitude of Imperial prerogative. 53 addresses to the Eastern throne were respectful and ambiguous: he celebrated in pompous style the harmony of the two republics, applauded his own government as the perfect similitude of a sole and undivided empire, and claimed above the kings of the earth the same pre-eminence which he modestly allowed to the person or rank of Anastasius. The alliance of the East and West was annually declared by the unanimous choice of two consuls; but it should seem that the Italian candidate, who was named by Theodoric, accepted a formal confirmation from the sovereign of Constantinople.54 The Gothic palace of Ravenna reflected the image of the court of Theodosius or Valentinian. The Prætorian præfect, the præfect of Rome, the quæstor, the master of the offices, with the public and patrimonial treasurers, whose functions are painted in gaudy colours by the rhetoric of Cassiodorus, still continued to act as the ministers of state.* And the subordinate care of justice and the revenue was delegated to seven consulars, three correctors, and five presidents, who governed the fifteen regions of Italy according to the principles, and even the forms, of Roman jurisprudence." The violence of the conquerors was abated or eluded by the slow artifice of judicial proceedings; the civil administration, with its honours and emoluments, was confined to the Italians; and the people still preserved their dress and language, their laws and customs, their personal freedom, and twothirds of their landed property. It had been the object of Augustus 53 The image of Theodoric is engraved on his coins: his modest successors were satisfied with adding their own name to the head of the reigning emperor (Muratori, Antiquitat. Italiæ Medii Evi, tom. ii. dissert. xxvii. p. 577-579. Giannone, Istoria Civile di Napoli, tom. i. p. 166). 54 The alliance of the emperor and the king of Italy are represented by Cassiodorus (Var. i. 1; ii. 1, 2, 3; vi. 1) and Procopius (Goth. 1. ii. c. 6; 1. iii. c. 21 [tom. ii. p. 369, ed. Bonn]), who celebrate the friendship of Anastasius and Theodoric: but the figurative style of compliment was interpreted in a very different sense at Constantinople and Ravenna. 55 To the xvii provinces of the Notitia, Paul Warnefrid the deacon (De Reb. Longobard. 1. ii. c. 14-22) has subjoined an xviiith, the Apennine (Muratori, Script. Rerum Italicarum, tom. i. p. 431-433). But of these, Sardinia and Corsica were All causes between Roman and Roman were judged by the old Roman courts. The comes Gothorum judged between Goth and Goth; between Goths and Romans (without considering which was the plaintiff), the comes Gothorum, with a Roman jurist as his assessor, making a kind of mixed jurisdiction, but with a natural predominance to the side of the Goth. Savigny, vol. i. p. 337, 2nd ed. -M. b Manso enumerates and develops at some length the following sources of the royal revenue of Theodoric 1. A domain, either by succession to that of Odoacer, or apart of the third of the lands, was reserved for the royal patrimony. 2. Regalia, including mines, unclaimed estates, treasuretrove, and confiscations. 3. Land-tax. 4. Auraria, like the Chrysargyrum, a tax on certain branches of trade. 5. Grant of monopolies. 6. Siliquaticum, a small tax on the sale of all kinds of commodities. 7. Portoria, customs.-Manso, 96, 111. Savigny supposes that in many cases the property remained in the original owner, who paid his tertia, a third of the produce, to the crown: vol. i. p. 333.—M. to conceal the introduction of monarchy; it was the policy of Theodoric to disguise the reign of a barbarian.56 If his subjects were sometimes awakened from this peasing vision of a Roman government, they derived more substantial comfort from the character of a Gothic prince who had penetration to discern, and firmness to pursue, his own and the public interest. Theodoric loved the virtues which he possessed, and the talents of which he was destitute. Liberius was promoted to the office of Prætorian præfect for his unshaken fidelity to the unfortunate cause of Odoacer. The ministers of Theodoric, Cassiodorus and Boethius, have reflected on his reign the lustre of their genius and learning. More prudent or more fortunate than his colleague, Cassiodorus preserved his own esteem without forfeiting the royal favour; and after passing thirty years in the honours of the world, he was blessed with an equal term of repose in the devout and studious solitude of Squillace." As the patron of the republic, it was the interest and duty of the Gothic king to cultivate the affections of the senates and Prosperity of people. The nobles of Rome were flattered by sonorous epithets and formal professions of respect, which had been more Rome. possessed by the Vandals, and the two Rhætias, as well as the Cottian Alps, seem to have been abandoned to a military government. The state of the four provinces that now form the kingdom of Naples is laboured by Giannone (tom. i. p. 172, 178) with patriotic diligence. 56 See the Gothic history of Procopius (1. i. c. 1, 1. ii. c. 6), the Epistles of Cassiodorus (passim, but especially the vth and vith books [vi. and vii.], which contain the formula, or patents of offices), and the Civil History of Giannone (tom. i. 1. ii. iii.). The Gothic counts, which he places in every Italian city, are annihilated, however, by Maffei (Verona Illustrata, P. i. 1. viii. p. 227); for those of Syracuse and Naples (Var. vi. 22, 23) were special and temporary commissions. 57 Two Italians of the name of Cassiodorus, the father (Var. i. 24 [4], 40) and the son (ix. 24, 25), were successively employed in the administration of Theodoric. The son was born in the year 479: his various epistles as quæstor, master of the offices, and Prætorian præfect, extend from 509 to 539, and he lived as a monk about thirty years. (Tiraboschi, Storia della Letteratura Italiana, tom. iii. p. 7-24. Fabricius, Biblioth. Lat. Med. Evi, tom. i. p. 357, 358, edit. Mansi.) se See his regard for the senate in Cochlous (Vit. Theod. viii. p. 72-80). ⚫ Cassiodorus was of an ancient and honourable family his grandfather had distinguished himself in the defence of Sicily against the ravages of Genseric; his father held a high rank at the court of Valentinian the Third, enjoyed the friendship of Aëtius, and was one of the ambassadors sent to arrest the progress of Attila. Cassiodorus himself was first the treasurer of the private expenditure to Odoacer, afterwards" count of the sacred largesses." Yielding with the rest of the Romans to the dominion of Theodoric, he was instrumental in the peaceable submission of Sicily; was successively governor of his native provinces of Bruttium and Lucania, quæstor, magister palatii, Prætorian præfect, patrician, consul, private secretary, and, in fact, first minister of the king. He was five times Prætorian præfect under different sovereigns, the last time in the reign of Vitiges. This is the theory of Manso, which is not unencumbered with difficulties. M. Buat had supposed that it was the father of Cassiodorus who held the office first named. Compare Manso, p. 85, &c., and Beylage, vii. It certainly appears improbable that Cassiodorus should have been count of the sacred largesses at 20 years old.-M. Cassiodorus died 575, at the age of 95. Clinton, Fast. Rom vol. i. p. 837.—S, Visit of A.D. 500. 59 justly applied to the merit and authority of their ancestors. The people enjoyed, without fear or danger, the three blessings of a capital, order, plenty, and public amusements. A visible diminution of their numbers may be found even in the measure of liberality; " yet Apulia, Calabria, and Sicily poured their tribute of corn into the granaries of Rome; an allowance of bread and meat was distributed to the indigent citizens; and every office was deemed honourable which was consecrated to the care of their health and happiness. The public games, such as a Greek ambassador might politely applaud, exhibited a faint and feeble copy of the magnificence of the Cæsars yet the musical, the gymnastic, and the pantomime arts, had not totally sunk in oblivion; the wild beasts of Africa still exercised in the amphitheatre the courage and dexterity of the hunters; and the indulgent Goth either patiently tolerated or gently restrained the blue and green factions, whose contests so often filled the circus with clamour, and even with blood.60 In the seventh year of his Theodoric, peaceful reign, Theodoric visited the old capital of the world; the senate and people advanced in solemn procession to salute a second Trajan, a new Valentinian; and he nobly supported that character, by the assurance of a just and legal government, in a discourse which he was not afraid to pronounce in public, and to inscribe on a tablet of brass. Rome, in this august ceremony, shot a last ray of declining glory; and a saint, the spectator of this pompous scene, could only hope, in his pious fancy, that it was excelled by the celestial splendour of the New Jerusalem.62 During a residence of six months, the fame, the person, and the courteous demeanour of the Gothic king, excited the admiration of the Romans, and he contemplated, with equal curiosity and surprise, the monuments that remained of their ancient greatness. He imprinted the footsteps of a conqueror on the Capitoline hill, and frankly confessed that each day he viewed with fresh wonder the forum of Trajan and his lofty column. The theatre of Pompey appeared, even in its decay, as a huge mountain artificially hollowed and polished, and adorned by human industry; and he vaguely computed that a river of gold must have been drained to erect the colossal amphitheatre of Titus.63 61 59 No more than 120,000 modii, or four thousand quarters (Anonym. Valesian, p. 721 [Amm. ii. p. 310, ed. Bip.], and Var. i. 35, vi. 18, xi. 5, 39). 60 See his regard and indulgence for the spectacles of the circus, the amphitheatre, and the theatre, in the Chronicle and Epistles of Cassiodorus (Var. i. 20, 27, 30, 31, 32, iii. 51, iv. 51, illustrated by the xivth Annotation of Mascou's History), who has contrived to sprinkle the subject with ostentatious, though agreeable, learning. 61 Anonym. Vales. p. 721 [1. c. ed. Bip.]. Marius Aventicensis in Chron. In the scale of public and personal merit, the Gothic conqueror is at least as much above Valentinian as he may seem inferior to Trajan. 62 Vit. Fulgentii in Baron. Annal. Eccles. A.D. 500, No. 10. Cassiodorus describes in his pompous style the Forum of Trajan (Var. vii. 6), |