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inal with the intention itself;" and that those rash men, who shall presume to solicit the pardon of traitors, shall themselves be branded with public and perpetual infamy. III. “With regard to the sons of the traitors” (continues the emperor), “although they ought to share the punishment, since they will probably imitate the guilt, of their parents, yet, by the special effect of our Imperial lenity, we grant them their lives; but, at the same time, we declare them incapable of inheriting, either on the father's or on the mother's side, or of receiving any gift or legacy, from the testament either of kinsmen or of strangers. Stigmatized with hereditary infamy, excluded from the hopes of honors or fortune, let them endure the pangs of poverty and contempt, till they shall consider life as a calamity, and death as a comfort and relief.” In such words, so well adapted to insult the feelings of mankind, did the emperor, or rather his favorite eunuch, applaud the moderation of a law, which transferred the same unjust and inhuman penalties to the children of all those who had seconded, or who had not disclosed, their fictitious conspiracies. Some of the noblest regulations of Roman jurisprudence have been suffered to expire: but this edict, a convenient and forcible engine of ministerial tyranny, was carefully inserted in the codes of Theodosius and Justinian ; and the same maxims have been revived in modern ages, to protect the electors of Germany, and the cardinals of the church of Rome.”

Yet these sanguinary laws, which spread terror among a disarmed and dispirited people, were of too weak a texture to restrain the bold enterprise of Tribigild “ the Ostrogoth. The colony of that warlike nation, which had been planted by Theodosius in one of the most fertile districts of Phrygia,” impatiently compared the slow returns of laborious husbandry with the successful rapine and liberal rewards of Alaric; and their leader resented, as a personal affront, his own ungracious reception in the palace of Constantinople. A soft and wealthy province, in the heart of the empire, was astonished by the sound of war; and the faithful vassal, who had been disregarded or oppressed, was again respected, as soon as he resumed the hostile character of a Barbarian. The vineyards and fruitful fields, between the rapid MarRyas and the winding Maeander,” were consumed with fire; the decayed walls of the cities crumbled into dust, at the first stroke of an enemy; the trembling inhabitants escaped from a bloody massacre to the shores of the Hellespont; and a considerable part of Asia Minor was desolated by the rebellion of Tribigild. His rapid progress was checked by the resistance of the peasants of Pamphylia ; and the Ostrogoths, attacked in a narrow pass, between the city of Selgae,” a deep morass, and the craggy cliffs of Mount Taurus, were defeated with the loss of their bravest troops. But the spirit of their chief was not daunted by misfortune; and his army was continually recruited by swarms of Barbarians and outlaws, who were desirous of exercising the profession of robbery, under the more honorable names of war and conquest. The rumors of the success of Tribigild might for some time be suppressed by fear, or disguised by flattery; yet they gradually alarmed both the court and the capital. Every misfortune was exaggerated in dark and doubtful hints; and the future designs of the rebels became the subject of anxious conjecture. Whenever Tribigild advanced into the inland country, the IRomans were inclined to suppose that he meditated the passage of Mount Taurus, and the invasion of Syria. If he descended towards the sea, they imputed, and perhaps suggested, to the Gothic chief the more dangerous project of arming a fleet in the harbors of Ionia, and of extending his depredations along the maritime coast, from the mouth of the Nile to the port of Constantinople. The approach of danger, and the obstimacy of Tribigild, who refused all terms of accommodation, compelled Eutropius to summon a council of war.” After claiming for himself the privilege of a veteran soldier, the eunuch intrusted the guard of Thrace and the Hellespont to Gainas the Goth, and the command of the Asiatic army to his favorite Leo ; two generals who differently, but effectually, promoted the cause of the rebels. Leo,” who, from the bulk of his body and the dulness of his mind, was surnamed the Ajax of the East, had deserted his original trade of a woolcomber, to exercise, with much less skill and success, the military profession ; and his uncertain operations were capriciously framed and executed, with an ignorance of real difficulties, and a timorous neglect of every favorable opportunity. The rashness of the Ostrogoths had drawn them into a disadvantageous position between the IRivers Melas and Eurymedon, where they were almost beseiged by the peasants of Pamphylia; but the arrival of an Imperial army, instead of completing their destruction, afforded the means of safety and victory. Tribigild surprised the unguarded camp of the Romans, in the darkness of the night; seduced the faith of the greater part of the IRarbarian auxiliaries, and dissipated, without much effort, the troops, which had been corrupted by the relaxation of discipline, and the luxury of the capital. The discontent of Gainas, who had so boldly contrived and executed the death of Rufinus, was irritated by the fortune of his unworthy successor; he accused his own dishonorable patience under the servile reign of a eunuch ; and the ambitious Goth was convicted, at least in the public opinion, of secretly fomenting the revolt of Tribigild, with whom he was connected by a domestic as well as by a national alliance.” When Gainas passed the Hellespont, to unite under his standard the remains of the Asiatic troops, he skilfully adapted his motions to the wishes of the Ostrogoths; abandoning, by his retreat, the country which they desired to invade; or facilitating by his approach, the desertion of the Barbarian auxiliaries. To the Imperial court he repeatedly magnified the valor, the genius, the inexhaustible resources of Tribigild; confessed his own inability to prosecute the war; and in the fourth Satire of Juvenal. The principal members of the former were juvenes protervi lascivique senes; one of them had been a cook, a second a woolcomber. The language of their original profession exposes their assumed dignity; and their trifling conversation about tragedies, dancers, &c., is made still more ridiculous by the importance of the debate. r 20 Claudian (l. ii. 376-461) has branded him with infamy; and Zosimus, in more temperate language, confirms his reproaches. L. v. p. 305. 2: The conspiracy of Gainas and Tribigild, which is attested by the Greek hisextorted the permission of negotiating with his invincible adversary. The conditions of peace were dictated by the haughty rebel; and the peremptory demand of the head of Eutropius revealed the author and the design of this hostile conspiracy. The bold satirist, who has indulged his discontent by the partial and passionate censure of the Christian emperors, violates the dignity, rather than the truth, of history, by comparing the son of Theodosius to one of those harmless and simple animals, who scarcely feel that they are the property of their shepherd. Two passions, however, fear and conjugal affection, awakened the languid soul of Arcadius: he was terrified by the threats of a victorious Barbarian ; and he yielded to the tender eloquence of his wife Eudoxia, who, with a flood of artificial tears, presenting her infant children to their father, implored his justice for some real or imaginary insult, which she imputed to the audacious eunuch.” The emperor's hand was directed to sign the condemnation of Eutropius; the magic spell, which during four years had bound the prince and the people, was instantly dissolved ; and the acclamations, that so lately hailed the merit and fortune of the favorite, were converted into the clamors of the soldiers and people, who relo his crimes, and pressed his immediate execution. n this hour of distress and despair, his only refuge was in the sanctuary of the church, whose priveleges he had wisely or profanely attempted to circumscribe; and the most cloquent of the saints, John Chrysostom, enjoyed the triumph of protecting a prostrate minister, whose choice had raised him to the ecclesiastical throne of Constantinople. The archbishop, ascending the pulpit of the cathedral, that he might be distinctly seen and heard by an innumerable crowd of either sex and of every age, pronounced a seasonable and pathetic discourse on the forgiveness of injuries, and the instability of human greatness. The agonies of the pale and affrighted wretch, who lay grovelling under the table of the altar, exhibited a solemn and instructive spectacle; and the orator, who was afterwards accused of insulting the misfortunes of Eutropius, labored to excite the contempt, that he might assuage the fury, of the people.” * This anecdote, which Philostorgius alone has preserved (l. xi. c. 6, and Gothofred. Dissertat. pp. 451–456) is curious and important; since it connects the revolt of the Goths with the secret intrigues of the palace.

19 Bartolus understands a simple and naked consciousness, without any sign of approbation or concurrence. I'or this opinion, says Baldus, he is now roasting in hell. For my own part, continues the discreet Heineccius (Element. Jur. Civil. l. iv. p. 411), I must approve the theory of Bartolus; but in practice I should incline to the sentiments of Baldus. Yet Bartolus was gravely quoted by the lawyers of Cardinal Richelieu ; and Eutropius was indirectly guilty of the murder of the virtuo's De Thou.

20 Godefroy, tom. iii. p. 89. It is, however, suspected, that this law, so repug. o maxims of Germanic freedom, has been surreptitiously added to the

Ol Cl621, 1): 111.

g * A copious and circumstantial narrative (which he might have reserved for more important events) is bestowed by Zosimus (l. v. pp. 304-312) on the revolt of Tribigild and Gainas. See likewi e Socrates, 1. vi. c. 6, and Sozomen, 1. viii. e. 4. ol book of Claudian against Eutropius is a fine, though imperfect, piece of history.

* Claudian (in Eutrop. l. ii. 227-250) very accurately observes, that the ancient \lame and nation of the Phrygians extended very far on every side, till their Ximits were contracted by the colonies of the Bithynians of Thrace, of the Greeks, and at last of the Gauls. His description (ii. 257-272) of the fertility of Phrygia, and of the four rivers that produced gold, is just and picturesque.

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28 Xenophon, Anabasis, l. i. pp. 11, 12, edit. Hutchinson. Strabo, l. xii. p. 865, edit. Amstel. Q. Curt. l. iii. c. 1. Claudian compares the junction cf the Marsyas and Maeander to that of the Saone and the IRhone ; with this difference, howi. that the smaller of the Phrygian rivers is not accelerated, but retarded, by the larger.

24 §§ ae, a colony of the Lacedaemonians, had formerly numbered twenty thousand citizens; but in the age of Zosimus it was reduced to a roatzvo, or small town. See Cellarius, Geograph. Antiq, tom. ii. p. 117.

* The council of Eutropius, in Claudian, may be compared to that of Domitian torian, had not reached the ears of Claudian, who attributes the revolt of the Ostrogoth to his own martial spirit, and the advice of liis wife.

*See the Homily of Chrysostom, tom. iii. pp. 381-386, of which the exordium is particularly beautiful. Socrates, l. vi. c. 5. Sozomen, 1. viii. c. 7. Montfaucon ordered to seize Eutropius. Even Claudian, a Pagan poet (praefat. ad l. ii. in Eutrop. 27). has mentioned the flight of the eunuch to the sanctuary.

The powers of humanity, of superstition, and of eloquence, prevalel. The empress Eudoxia was restrained by her own prejudices, or by those of her subjects, from violating the sanctuary of the church; and Eutropius was tempted to capitulate, by the milder arts of persuasion, and by an oath, that his life should be spared.”. Careless of the dignity of their sovereign, the new ministers of the palace immediately published an edict to declare, that his late favorite had disgraced the names of consul and patrician, to abolish his statues, to confiscate his wealth, and to inflict a perpetual exile in the island of Cyprus.” A despicable and decrepit eunuch could no longer alarm the fears of his enemies; nor was he capable of enjoying what yet remained, the comforts of peace, of solitude, and of a happy climate. But their implacable revenge still envied him |. last moments of a miserable life, and Eutropius had no sooner touched the shores of Cyprus, than he was hastily recalled. The vain hope of eluding, by a change of place, the obligation of an oath, engaged the empress to transfer the scene of his trial and execution from Constantinople to the adjacent suburb of Chalcedon. The consul Aurelian pronounced the sentence; and the motives of that sentence expose the }...". of a despotic government. The crimes which Cutropius had committed against the people might have justified his death; but he was found guilty of harnessing to his chariot the sacred animals, who, from their breed or color, were reserved for the use of the emperor alone.” While this domestic revolution was transacted, Gainas * openly revolted from his allegiance; united his forces, at (in his life of Chrysostom, tom. xiii. p. 135) too hastily supposes that Tribigild was actually in Constantinople; and that he commanded the soldiers who were

Supplit iterslue pias humilis prostratus ad aras,
Mitigatiratas voce tremente nurus. -

3) Chrysostom, in another homily (tom. iii. p. 386), affects to declare that, Eutropi s would not have been taken, had he not deserted the church. Zosimus (l. v. p. 313), on the contrary, pretends, that his enemies forced him (, śapmagavres avroy) from the sanctuary. Yet the promise is an evidence of some treaty; and the strong assurance of Claudian (Praefat. ad l. ii. 46),

Sed tamen exemplo non feriere tuo,

may be considered as an evidence of some promise. 3i Cod. Theod. l. ix. tit. xi. leg. 14. The date of that law (Jan. 17, A. D. 399) is erroneous, and corrupt : since the fall of Eutropius could not happen till She autumn of the same year. See Tillemont, Hist, des Empereurs, tom. v. p. 780. 32 Zosimus, l. v. p. 313. Philostorgius, l. xi. c. 6. 38 Zosimus (1. v. pp. 313-323), Socrates (1. vi. c. 4), Sozomen (l. viii. c. 4), and Theodoret (l. v. c. 32, 33), represent, though with some various circumstances, the conspiracy, defeat, and death of Gainas.

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