the law. The celebrated Institutes of Justinian are addressed to the youth of his dominions, who had devoted themselves to the study of Roman jurisprudence; and the sovereign condescends to animate their diligence, by the assurance that their skill and ability would in time be rewarded by an adequate share in the government of the republic. ^119 The rudiments of this lucrative science were taught in all the considerable cities of the east and west; but the most famous school was that of Berytus, ^120 on the coast of Phoenicia; which flourished above three centuries from the time of Alexander Severus, the author perhaps of an institution so advantageous to his native country. After a regular course of education, which lasted five years, the students dispersed themselves through the provinces, in search of fortune and honors; nor could they want an inexhaustible supply of business in a great empire already corrupted by the multiplicity of laws, of arts, and of vices. The court of the Praetorian praefect of the east could alone furnish employment for one hundred and fifty advocates, sixty-four of whom were distinguished by peculiar privileges, and two were annually chosen, with a salary of sixty pounds of gold, to defend the causes of the treasury. The first experiment was made of their judicial talents, by appointing them to act occasionally as assessors to the magistrates; from thence they were often raised to preside in the tribunals before which they had pleaded. They obtained the government of a province; and, by the aid of merit, of reputation, or of favor, they ascended, by successive steps, to the illustrious dignities of the state. ^121 In the practice of the bar, these men had considered reason as the instrument of dispute; they interpreted the laws according to the dictates of private interest and the same pernicious habits might still adhere to their characters in the public administration of the state. The honor of a liberal profession has indeed been vindicated by ancient and modern advocates, who have filled the most important stations, with pure integrity and consummate wisdom: but in the decline of Roman jurisprudence, the ordinary promotion of lawyers was pregnant with mischief and disgrace. The noble art, which had once been preserved as the sacred inheritance of the patricians, was fallen into the hands of freedmen and plebeians, ^122 who, with cunning rather than with skill, exercised a sordid and pernicious trade. Some of them procured admittance into families for the purpose of fomenting differences, of encouraging suits, and of preparing a harvest of gain for themselves or their brethren. Others, recluse in their chambers, maintained the dignity of legal professors, by furnishing a rich client with subtleties to confound the plainest truths, and with arguments to color the most unjustifiable pretensions. The splendid and popular class was composed of the advocates, who filled the Forum with the sound of their turgid and loquacious rhetoric. Careless of fame and of justice, they are described, for the most part, as ignorant and rapacious guides, who conducted their clients through a maze of expense, of delay, and of disappointment; from whence, after a tedious series of years, they were at length dismissed, when their patience and fortune were almost exhausted. ^123
[Footnote 119: Summa igitur ope, et alacri studio has leges nostras accipite; et vosmetipsos sic eruditos ostendite, ut spes vos pulcherrima foveat; toto legitimo opere perfecto, posse etiam nostram rempublicam in par tibus ejus vobis credendis gubernari. Justinian in proem. Institutionum.]
[Footnote 120: The splendor of the school of Berytus, which preserved in the east the language and jurisprudence of the Romans, may be computed to have lasted from the third to the middle of the sixth century Heinecc. Jur. Rom. Hist. p. 351-356.]
[Footnote 121: As in a former period I have traced the civil and military promotion of Pertinax, I shall here insert the civil honors of Mallius Theodorus. 1. He was distinguished by his eloquence, while he pleaded as an advocate in the court of the Praetorian praefect. 2. He governed one of the provinces of Africa, either as president or consular, and deserved, by his administration, the honor of a brass statue. 3. He was appointed vicar, or vice-praefect, of Macedonia. 4. Quaestor. 5. Count of the sacred largesses. 6. Praetorian praefect of the Gauls; whilst he might yet be represented as a young man. 7. After a retreat, perhaps a disgrace of many years, which Mallius (confounded by some critics with the poet Manilius; see Fabricius Bibliothec. Latin. Edit. Ernest. tom. i.c. 18, p. 501) employed in the study of the Grecian philosophy he was named Praetorian praefect of Italy, in the year 397. 8. While he still exercised that great office, he was created, it the year 399, consul for the West; and his name, on account of the infamy of his colleague, the eunuch Eutropius, often stands alone in the Fasti. 9. In the year 408, Mallius was appointed a second time Praetorian praefect of Italy.
Even in the venal panegyric of Claudian, we may discover the merit of Mallius Theodorus, who, by a rare felicity, was the intimate friend, both of Symmachus and of St. Augustin. See Tillemont, Hist. des Emp. tom. v. p. 1110-1114.]
[Footnote 122: Mamertinus in Panegyr. Vet. xi. [x.] 20. Asterius apud Photium, p. 1500.]
[Footnote 123: The curious passage of Ammianus, (l. xxx. c. 4,) in which he paints the manners of contemporary lawyers, affords a strange mixture of sound sense, false rhetoric, and extravagant satire. Godefroy (Prolegom. ad. Cod. Theod. c. i. p. 185) supports the historian by similar complaints and authentic facts.
In the fourth century, many camels might have been laden with law-books. Eunapius in Vit. Aedesii, p. 72.]
III. In the system of policy introduced by Augustus, the governors, those at least of the Imperial provinces, were invested with the full powers of the sovereign himself. Ministers of peace and war, the distribution of rewards and punishments depended on them alone, and they successively appeared on their tribunal in the robes of civil magistracy, and in complete armor at the head of the Roman legions. ^124 The influence of the revenue, the authority of law, and the command of a military force, concurred to render their power supreme and absolute; and whenever they were tempted to violate their allegiance, the loyal province which they involved in their rebellion was scarcely sensible of any change in its political state. From the time of Commodus to the reign of Constantine, near one hundred governors might be enumerated, who, with various success, erected the standard of revolt; and though the innocent were too often sacrificed, the guilty might be sometimes prevented, by the suspicious cruelty of their master. ^125 To secure his throne and the public tranquillity from these formidable servants, Constantine resolved to divide the military from the civil administration, and to establish, as a permanent and professional distinction, a practice which had been adopted only as an occasional expedient. The supreme jurisdiction exercised by the Praetorian praefects over the armies of the empire, was transferred to the two masters-general whom he instituted, the one for the cavalry, the other for the infantry; and though each of these illustrious officers was more peculiarly responsible for the discipline of those troops which were under his immediate inspection, they both indifferently commanded in the field the several bodies, whether of horse or foot, which were united in the same army. ^126 Their number was soon doubled by the division of the east and west; and as separate generals of the same rank and title were appointed on the four important frontiers of the Rhine, of the Upper and the Lower Danube, and of the Euphrates, the defence of the Roman empire was at length committed to eight masters-general of the cavalry and infantry. Under their orders, thirty-five military commanders were stationed in the provinces: three in Britain, six in Gaul, one in Spain, one in Italy, five on the Upper, and four on the Lower Danube; in Asia, eight, three in Egypt, and four in Africa. The titles of counts, and dukes, ^127 by which they were properly distinguished, have obtained in modern languages so very different a sense, that the use of them may occasion some surprise. But it should be recollected, that the second of those appellations is only a corruption of the Latin word, which was indiscriminately applied to any military chief. All these provincial generals were therefore dukes; but no more than ten among them were dignified with the rank of counts or companions, a title of honor, or rather of favor, which had been recently invented in the court of Constantine. A gold belt was the ensign which distinguished the office of the counts and dukes; and besides their pay, they received a liberal allowance sufficient to maintain one hundred and ninety servants, and one hundred and fifty-eight horses. They were strictly prohibited from interfering in any matter which related to the administration of justice or the revenue; but the command which they exercised over the troops of their department, was independent of the authority of the magistrates. About the same time that Constantine gave a legal sanction to the ecclesiastical order, he instituted in the Roman empire the nice balance of the civil and the military powers. The emulation, and sometimes the discord, which reigned between two professions of opposite interests and incompatible manners, was productive of beneficial and of pernicious consequences. It was seldom to be expected that the general and the civil governor of a province should either conspire for the disturbance, or should unite for the service, of their country. While the one delayed to offer the assistance which the other disdained to solicit, the troops very frequently remained without orders or without supplies; the public safety was betrayed, and the defenceless subjects were left exposed to the fury of the Barbarians. The divided administration which had been formed by Constantine, relaxed the vigor of the state, while it secured the tranquillity of the monarch.
[Footnote 124: See a very splendid example in the life of Agricola, particularly c. 20, 21. The lieutenant of Britain was intrusted with the same powers which Cicero, proconsul of Cilicia, had exercised in the name of the senate and people.]
[Footnote 125: The Abbe Dubos, who has examined with accuracy (see Hist. de la Monarchie Francoise, tom. i. p. 41-100, edit. 1742) the institutions of Augustus and of Constantine, observes, that if Otho had been put to death the day before he executed his conspiracy, Otho would now appear in history as innocent as Corbulo.]
[Footnote 126: Zosimus, l. ii. p. 110. Before the end of the reign of Constantius, the magistri militum were already increased to four. See Velesius ad Ammian. l. xvi. c. 7.]
[Footnote 127: Though the military counts and dukes are frequently mentioned, both in history and the codes, we must have recourse to the Notitia for the exact knowledge of their number and stations. For the institution, rank, privileges, &c., of the counts in general see Cod. Theod. l. vi. tit. xii. – xx., with the commentary of Godefroy.]
The memory of Constantine has been deservedly censured for another innovation, which corrupted military discipline and prepared the ruin of the empire. The nineteen years which preceded his final victory over Licinius, had been a period of license and intestine war. The rivals who contended for the possession of the Roman world, had withdrawn the greatest part of their forces from the guard of the general frontier; and the principal cities which formed the boundary of their respective dominions were filled with soldiers, who considered their countrymen as their most implacable enemies. After the use of these internal garrisons had ceased with the civil war, the conqueror wanted either wisdom or firmness to revive the severe discipline of Diocletian, and to suppress a fatal indulgence, which habit had endeared and almost confirmed to the military order. From the reign of Constantine, a popular and even legal distinction was admitted between the Palatines ^128 and the Borderers; the troops of the court, as they were improperly styled, and the troops of the frontier. The former, elevated by the superiority of their pay and privileges, were permitted, except in the extraordinary emergencies of war, to occupy their tranquil stations in the heart of the provinces. The most flourishing cities were oppressed by the intolerable weight of quarters. The soldiers insensibly forgot the virtues of their profession, and contracted only the vices of civil life. They were either degraded by the industry of mechanic trades, or enervated by the luxury of baths and theatres. They soon became careless of their martial exercises, curious in their diet and apparel; and while they inspired terror to the subjects of the empire, they trembled at the hostile approach of the Barbarians. ^129 The chain of fortifications which Diocletian and his colleagues had extended along the banks of the great rivers, was no longer maintained with the same care, or defended with the same vigilance. The numbers which still remained under the name of the troops of the frontier, might be sufficient for the ordinary defence; but their spirit was degraded by the humiliating reflection, that they who were exposed to the hardships and dangers of a perpetual warfare, were rewarded only with about two thirds of the pay and emoluments which were lavished on the troops of the court. Even the bands or legions that were raised the nearest to the level of those unworthy favorites, were in some measure disgraced by the title of honor which they were allowed to assume. It was in vain that Constantine repeated the most dreadful menaces of fire and sword against the Borderers who should dare desert their colors, to connive at the inroads of the Barbarians, or to participate in the spoil. ^130 The mischiefs which flow from injudicious counsels are seldom removed by the application of partial severities; and though succeeding princes labored to restore the strength and numbers of the frontier garrisons, the empire, till the last moment of its dissolution, continued to languish under the mortal wound which had been so rashly or so weakly inflicted by the hand of Constantine.
[Footnote 128: Zosimus, l ii. p. 111. The distinction between the two classes of Roman troops, is very darkly expressed in the historians, the laws, and the Notitia. Consult, however, the copious paratitlon, or abstract, which Godefroy has drawn up of the seventh book, de Re Militari, of the Theodosian Code, l. vii. tit. i. leg. 18, l. viii. tit. i. leg. 10.]
[Footnote 129: Ferox erat in suos miles et rapax, ignavus vero in hostes et fractus. Ammian. l. xxii. c. 4. He observes, that they loved downy beds and houses of marble; and that their cups were heavier than their swords.]
[Footnote 130: Cod. Theod. l. vii. tit. i. leg. 1, tit. xii. leg. i. See Howell’s Hist. of the World, vol. ii. p. 19. That learned historian, who is not sufficiently known, labors to justify the character and policy of Constantine.]
The same timid policy, of dividing whatever is united, of reducing whatever is eminent, of dreading every active power, and of expecting that the most feeble will prove the most obedient, seems to pervade the institutions of several princes, and particularly those of Constantine. The martial pride of the legions, whose victorious camps had so often been the scene of rebellion, was nourished by the memory of their past exploits, and the consciousness of their actual strength. As long as they maintained their ancient establishment of six thousand men, they subsisted, under the reign of Diocletian, each of them singly, a visible and important object in the military history of the Roman empire. A few years afterwards, these gigantic bodies were shrunk to a very diminutive size; and when seven legions, with some auxiliaries, defended the city of Amida against the Persians, the total garrison, with the inhabitants of both sexes, and the peasants of the deserted country, did not exceed the number of twenty thousand persons. ^131 From this fact, and from similar examples, there is reason to believe, that the constitution of the legionary troops, to which they partly owed their valor and discipline, was dissolved by Constantine; and that the bands of Roman infantry, which still assumed the same names and the same honors, consisted only of one thousand or fifteen hundred men. ^132 The conspiracy of so many separate detachments, each of which was awed by the sense of its own weakness, could easily be checked; and the successors of Constantine might indulge their love of ostentation, by issuing their orders to one hundred and thirty-two legions, inscribed on the muster-roll of their numerous armies. The remainder of their troops was distributed into several hundred cohorts of infantry, and squadrons of cavalry. Their arms, and titles, and ensigns, were calculated to inspire terror, and to display the variety of nations who marched under the Imperial standard. And not a vestige was left of that severe simplicity, which, in the ages of freedom and victory, had distinguished the line of battle of a Roman army from the confused host of an Asiatic monarch. ^133 A more particular enumeration, drawn from the Notitia, might exercise the diligence of an antiquary; but the historian will content himself with observing, that the number of permanent stations or garrisons established on the frontiers of the empire, amounted to five hundred and eighty-three; and that, under the successors of Constantine, the complete force of the military establishment was computed at six hundred and forty-five thousand soldiers. ^134 An effort so prodigious surpassed the wants of a more ancient, and the faculties of a later, period.
[Footnote 131: Ammian. l. xix. c. 2. He observes, (c. 5,) that the desperate sallies of two Gallic legions were like a handful of water thrown on a great conflagration.]
[Footnote 132: Pancirolus ad Notitiam, p. 96. Memoires de l’Academie des Inscriptions, tom. xxv. p. 491.]
[Footnote 133: Romana acies unius prope formae erat et hominum et armorum genere. – Regia acies varia magis multis gentibus dissimilitudine armorum auxiliorumque erat. T. Liv. l. xxxvii. c. 39, 40. Flaminius, even before the event, had compared the army of Antiochus to a supper in which the flesh of one vile animal was diversified by the skill of the cooks. See the Life of Flaminius in Plutarch.]
[Footnote 134: Agathias, l. v. p. 157, edit. Louvre.]
In the various states of society, armies are recruited from very different motives. Barbarians are urged by the love of war; the citizens of a free republic may be prompted by a principle of duty; the subjects, or at least the nobles, of a monarchy, are animated by a sentiment of honor; but the timid and luxurious inhabitants of a declining empire must be allured into the service by the hopes of profit, or compelled by the dread of punishment. The resources of the Roman treasury were exhausted by the increase of pay, by the repetition of donatives, and by the invention of new emolument and indulgences, which, in the opinion of the provincial youth might compensate the hardships and dangers of a military life. Yet, although the stature was lowered, ^135 although slaves, least by a tacit connivance, were indiscriminately received into the ranks, the insurmountable difficulty of procuring a regular and adequate supply of volunteers, obliged the emperors to adopt more effectual and coercive methods. The lands bestowed on the veterans, as the free reward of their valor were henceforward granted under a condition which contain the first rudiments of the feudal tenures; that their sons, who succeeded to the inheritance, should devote themselves to the profession of arms, as soon as they attained the age of manhood; and their cowardly refusal was punished by the loss of honor, of fortune, or even of life. ^136 But as the annual growth of the sons of the veterans bore a very small proportion to the demands of the service, levies of men were frequently required from the provinces, and every proprietor was obliged either to take up arms, or to procure a substitute, or to purchase his exemption by the payment of a heavy fine. The sum of forty-two pieces of gold, to which it was reduced ascertains the exorbitant price of volunteers, and the reluctance with which the government admitted of this alterative. ^137 Such was the horror for the profession of a soldier, which had affected the minds of the degenerate Romans, that many of the youth of Italy and the provinces chose to cut off the fingers of their right hand, to escape from being pressed into the service; and this strange expedient was so commonly practised, as to deserve the severe animadversion of the laws, ^138 and a peculiar name in the Latin language. ^139
[Footnote 135: Valentinian (Cod. Theodos. l. vii. tit. xiii. leg. 3) fixes the standard at five feet seven inches, about five feet four inches and a half, English measure. It had formerly been five feet ten inches, and in the best corps, six Roman feet. Sed tunc erat amplior multitude se et plures sequebantur militiam armatam. Vegetius de Re Militari l. i. c. v.] [Footnote 136: See the two titles, De Veteranis and De Filiis Veteranorum, in the seventh book of the Theodosian Code. The age at which their military service was required, varied from twenty-five to sixteen. If the sons of the veterans appeared with a horse, they had a right to serve in the cavalry; two horses gave them some valuable privileges]
[Footnote 137: Cod. Theod. l. vii. tit. xiii. leg. 7. According to the historian Socrates, (see Godefroy ad loc.,) the same emperor Valens sometimes required eighty pieces of gold for a recruit. In the following law it is faintly expressed, that slaves shall not be admitted inter optimas lectissimorum militum turmas.]
[Footnote 138: The person and property of a Roman knight, who had mutilated his two sons, were sold at public auction by order of Augustus. (Sueton. in August. c. 27.) The moderation of that artful usurper proves, that this example of severity was justified by the spirit of the times. Ammianus makes a distinction between the effeminate Italians and the hardy Gauls. (L. xv. c. 12.) Yet only 15 years afterwards, Valentinian, in a law addressed to the praefect of Gaul, is obliged to enact that these cowardly deserters shall be burnt alive. Cod. Theod. l. vii. tit. xiii. leg. 5.) Their numbers in Illyricum were so considerable, that the province complained of a scarcity of recruits. (Id. leg. 10.)]
[Footnote 139: They were called Murci. Murcidus is found in Plautus and Festus, to denote a lazy and cowardly person, who, according to Arnobius and Augustin, was under the immediate protection of the goddess Murcia. From this particular instance of cowardice, murcare is used as synonymous to mutilare, by the writers of the middle Latinity. See Linder brogius and Valesius ad Ammian. Marcellin, l. xv. c. 12]
Chapter XVII: Foundation Of Constantinople.
Part V.
The introduction of Barbarians into the Roman armies became every day more universal, more necessary, and more fatal. The most daring of the Scythians, of the Goths, and of the Germans, who delighted in war, and who found it more profitable to defend than to ravage the provinces, were enrolled, not only in the auxiliaries of their respective nations, but in the legions themselves, and among the most distinguished of the Palatine troops. As they freely mingled with the subjects of the empire, they gradually learned to despise their manners, and to imitate their arts. They abjured the implicit reverence which the pride of Rome had exacted from their ignorance, while they acquired the knowledge and possession of those advantages by which alone she supported her declining greatness. The Barbarian soldiers, who displayed any military talents, were advanced, without exception, to the most important commands; and the names of the tribunes, of the counts and dukes, and of the generals themselves, betray a foreign origin, which they no longer condescended to disguise. They were often intrusted with the conduct of a war against their countrymen; and though most of them preferred the ties of allegiance to those of blood, they did not always avoid the guilt, or at least the suspicion, of holding a treasonable correspondence with the enemy, of inviting his invasion, or of sparing his retreat. The camps and the palace of the son of Constantine were governed by the powerful faction of the Franks, who preserved the strictest connection with each other, and with their country, and who resented every personal affront as a national indignity. ^140 When the tyrant Caligula was suspected of an intention to invest a very extraordinary candidate with the consular robes, the sacrilegious profanation would have scarcely excited less astonishment, if, instead of a horse, the noblest chieftain of Germany or Britain had been the object of his choice. The revolution of three centuries had produced so remarkable a change in the prejudices of the people, that, with the public approbation, Constantine showed his successors the example of bestowing the honors of the consulship on the Barbarians, who, by their merit and services, had deserved to be ranked among the first of the Romans. ^141 But as these hardy veterans, who had been educated in the ignorance or contempt of the laws, were incapable of exercising any civil offices, the powers of the human mind were contracted by the irreconcilable separation of talents as well as of professions. The accomplished citizens of the Greek and Roman republics, whose characters could adapt themselves to the bar, the senate, the camp, or the schools, had learned to write, to speak, and to act with the same spirit, and with equal abilities. [Footnote 140: Malarichus – adhibitis Francis quorum ea tempestate in palatio multitudo florebat, erectius jam loquebatur tumultuabaturque. Ammian. l. xv. c. 5.]
[Footnote 141: Barbaros omnium primus, ad usque fasces auxerat et trabeas consulares. Ammian. l. xx. c. 10. Eusebius (in Vit. Constantin. l. iv c.7) and Aurelius Victor seem to confirm the truth of this assertion yet in the thirty-two consular Fasti of the reign of Constantine cannot discover the name of a single Barbarian. I should therefore interpret the liberality of that prince as relative to the ornaments rather than to the office, of the consulship.]
IV. Besides the magistrates and generals, who at a distance from the court diffused their delegated authority over the provinces and armies, the emperor conferred the rank of Illustrious on seven of his more immediate servants, to whose fidelity he intrusted his safety, or his counsels, or his treasures. 1. The private apartments of the palace were governed by a favorite eunuch, who, in the language of that age, was styled the proepositus, or praefect of the sacred bed-chamber. His duty was to attend the emperor in his hours of state, or in those of amusement, and to perform about his person all those menial services, which can only derive their splendor from the influence of royalty. Under a prince who deserved to reign, the great chamberlain (for such we may call him) was a useful and humble domestic; but an artful domestic, who improves every occasion of unguarded confidence, will insensibly acquire over a feeble mind that ascendant which harsh wisdom and uncomplying virtue can seldom obtain. The degenerate grandsons of Theodosius, who were invisible to their subjects, and contemptible to their enemies, exalted the praefects of their bed- chamber above the heads of all the ministers of the palace; ^142 and even his deputy, the first of the splendid train of slaves who waited in the presence, was thought worthy to rank before the respectable proconsuls of Greece or Asia. The jurisdiction of the chamberlain was acknowledged by the counts, or superintendents, who regulated the two important provinces of the magnificence of the wardrobe, and of the luxury of the Imperial table. ^143 2. The principal administration of public affairs was committed to the diligence and abilities of the master of the offices. ^144 He was the supreme magistrate of the palace, inspected the discipline of the civil and military schools, and received appeals from all parts of the empire, in the causes which related to that numerous army of privileged persons, who, as the servants of the court, had obtained for themselves and families a right to decline the authority of the ordinary judges. The correspondence between the prince and his subjects was managed by the four scrinia, or offices of this minister of state. The first was appropriated to memorials, the second to epistles, the third to petitions, and the fourth to papers and orders of a miscellaneous kind. Each of these was directed by an inferior master of respectable dignity, and the whole business was despatched by a hundred and forty-eight secretaries, chosen for the most part from the profession of the law, on account of the variety of abstracts of reports and references which frequently occurred in the exercise of their several functions. From a condescension, which in former ages would have been esteemed unworthy the Roman majesty, a particular secretary was allowed for the Greek language; and interpreters were appointed to receive the ambassadors of the Barbarians; but the department of foreign affairs, which constitutes so essential a part of modern policy, seldom diverted the attention of the master of the offices. His mind was more seriously engaged by the general direction of the posts and arsenals of the empire. There were thirty-four cities, fifteen in the East, and nineteen in the West, in which regular companies of workmen were perpetually employed in fabricating defensive armor, offensive weapons of all sorts, and military engines, which were deposited in the arsenals, and occasionally delivered for the service of the troops. 3. In the course of nine centuries, the office of quaestor had experienced a very singular revolution. In the infancy of Rome, two inferior magistrates were annually elected by the people, to relieve the consuls from the invidious management of the public treasure; ^145 a similar assistant was granted to every proconsul, and to every praetor, who exercised a military or provincial command; with the extent of conquest, the two quaestors were gradually multiplied to the number of four, of eight, of twenty, and, for a short time, perhaps, of forty; ^146 and the noblest citizens ambitiously solicited an office which gave them a seat in the senate, and a just hope of obtaining the honors of the republic. Whilst Augustus affected to maintain the freedom of election, he consented to accept the annual privilege of recommending, or rather indeed of nominating, a certain proportion of candidates; and it was his custom to select one of these distinguished youths, to read his orations or epistles in the assemblies of the senate. ^147 The practice of Augustus was imitated by succeeding princes; the occasional commission was established as a permanent office; and the favored quaestor, assuming a new and more illustrious character, alone survived the suppression of his ancient and useless colleagues. ^148 As the orations which he composed in the name of the emperor, ^149 acquired the force, and, at length, the form, of absolute edicts, he was considered as the representative of the legislative power, the oracle of the council, and the original source of the civil jurisprudence. He was sometimes invited to take his seat in the supreme judicature of the Imperial consistory, with the Praetorian praefects, and the master of the offices; and he was frequently requested to resolve the doubts of inferior judges: but as he was not oppressed with a variety of subordinate business, his leisure and talents were employed to cultivate that dignified style of eloquence, which, in the corruption of taste and language, still preserves the majesty of the Roman laws. ^150 In some respects, the office of the Imperial quaestor may be compared with that of a modern chancellor; but the use of a great seal, which seems to have been adopted by the illiterate barbarians, was never introduced to attest the public acts of the emperors. 4. The extraordinary title of count of the sacred largesses was bestowed on the treasurer-general of the revenue, with the intention perhaps of inculcating, that every payment flowed from the voluntary bounty of the monarch. To conceive the almost infinite detail of the annual and daily expense of the civil and military administration in every part of a great empire, would exceed the powers of the most vigorous imagination.
The actual account employed several hundred persons, distributed into eleven different offices, which were artfully contrived to examine and control their respective operations. The multitude of these agents had a natural tendency to increase; and it was more than once thought expedient to dismiss to their native homes the useless supernumeraries, who, deserting their honest labors, had pressed with too much eagerness into the lucrative profession of the finances. ^151 Twenty-nine provincial receivers, of whom eighteen were honored with the title of count, corresponded with the treasurer; and he extended his jurisdiction over the mines from whence the precious metals were extracted, over the mints, in which they were converted into the current coin, and over the public treasuries of the most important cities, where they were deposited for the service of the state. The foreign trade of the empire was regulated by this minister, who directed likewise all the linen and woollen manufactures, in which the successive operations of spinning, weaving, and dyeing were executed, chiefly by women of a servile condition, for the use of the palace and army. Twenty-six of these institutions are enumerated in the West, where the arts had been more recently introduced, and a still larger proportion may be allowed for the industrious provinces of the East. ^152 5. Besides the public revenue, which an absolute monarch might levy and expend according to his pleasure, the emperors, in the capacity of opulent citizens, possessed a very extensive property, which was administered by the count or treasurer of the private estate. Some part had perhaps been the ancient demesnes of kings and republics; some accessions might be derived from the families which were successively invested with the purple; but the most considerable portion flowed from the impure source of confiscations and forfeitures. The Imperial estates were scattered through the provinces, from Mauritania to Britain; but the rich and fertile soil of Cappadocia tempted the monarch to acquire in that country his fairest possessions, ^153 and either Constantine or his successors embraced the occasion of justifying avarice by religious zeal. They suppressed the rich temple of Comana, where the high priest of the goddess of war supported the dignity of a sovereign prince; and they applied to their private use the consecrated lands, which were inhabited by six thousand subjects or slaves of the deity and her ministers. ^154 But these were not the valuable inhabitants: the plains that stretch from the foot of Mount Argaeus to the banks of the Sarus, bred a generous race of horses, renowned above all others in the ancient world for their majestic shape and incomparable swiftness. These sacred animals, destined for the service of the palace and the Imperial games, were protected by the laws from the profanation of a vulgar master. ^155 The demesnes of Cappadocia were important enough to require the inspection of a count; ^156 officers of an inferior rank were stationed in the other parts of the empire; and the deputies of the private, as well as those of the public, treasurer were maintained in the exercise of their independent functions, and encouraged to control the authority of the provincial magistrates. ^157 6, 7. The chosen bands of cavalry and infantry, which guarded the person of the emperor, were under the immediate command of the two counts of the domestics. The whole number consisted of three thousand five hundred men, divided into seven schools, or troops, of five hundred each; and in the East, this honorable service was almost entirely appropriated to the Armenians. Whenever, on public ceremonies, they were drawn up in the courts and porticos of the palace, their lofty stature, silent order, and splendid arms of silver and gold, displayed a martial pomp not unworthy of the Roman majesty. ^158 From the seven schools two companies of horse and foot were selected, of the protectors, whose advantageous station was the hope and reward of the most deserving soldiers. They mounted guard in the interior apartments, and were occasionally despatched into the provinces, to execute with celerity and vigor the orders of their master. ^159 The counts of the domestics had succeeded to the office of the Praetorian praefects; like the praefects, they aspired from the service of the palace to the command of armies.
[Footnote 142: Cod. Theod. l. vi. tit. 8.]
[Footnote 143: By a very singular metaphor, borrowed from the military character of the first emperors, the steward of their household was styled the count of their camp, (comes castrensis.) Cassiodorus very seriously represents to him, that his own fame, and that of the empire, must depend on the opinion which foreign ambassadors may conceive of the plenty and magnificence of the royal table. (Variar. l. vi. epistol. 9.)]
[Footnote 144: Gutherius (de Officiis Domus Augustae, l. ii. c. 20, l. iii.) has very accurately explained the functions of the master of the offices, and the constitution of the subordinate scrinia. But he vainly attempts, on the most doubtful authority, to deduce from the time of the Antonines, or even of Nero, the origin of a magistrate who cannot be found in history before the reign of Constantine.]
[Footnote 145: Tacitus (Annal. xi. 22) says, that the first quaestors were elected by the people, sixty-four years after the foundation of the republic; but he is of opinion, that they had, long before that period, been annually appointed by the consuls, and even by the kings. But this obscure point of antiquity is contested by other writers.]
[Footnote 146: Tacitus (Annal. xi. 22) seems to consider twenty as the highest number of quaestors; and Dion (l. xliii. p 374) insinuates, that if the dictator Caesar once created forty, it was only to facilitate the payment of an immense debt of gratitude. Yet the augmentation which he made of praetors subsisted under the succeeding reigns.]
[Footnote 147: Sueton. in August. c. 65, and Torrent. ad loc. Dion. Cas. p. 755.]
[Footnote 148: The youth and inexperience of the quaestors, who entered on that important office in their twenty-fifth year, (Lips. Excurs. ad Tacit. l. iii. D.,) engaged Augustus to remove them from the management of the treasury; and though they were restored by Claudius, they seem to have been finally dismissed by Nero. (Tacit Annal. xiii. 29. Sueton. in Aug. c. 36, in Claud. c. 24. Dion, p. 696, 961, &c. Plin. Epistol. x. 20, et alibi.) In the provinces of the Imperial division, the place of the quaestors was more ably supplied by the procurators, (Dion Cas. p. 707. Tacit. in Vit. Agricol. c. 15;) or, as they were afterwards called, rationales. (Hist. August. p. 130.) But in the provinces of the senate we may still discover a series of quaestors till the reign of Marcus Antoninus. (See the Inscriptions of Gruter, the Epistles of Pliny, and a decisive fact in the Augustan History, p. 64.) From Ulpian we may learn, (Pandect. l. i. tit. 13,) that under the government of the house of Severus, their provincial administration was abolished; and in the subsequent troubles, the annual or triennial elections of quaestors must have naturally ceased.]
[Footnote 149: Cum patris nomine et epistolas ipse dictaret, et edicta conscrib eret, orationesque in senatu recitaret, etiam quaestoris vice. Sueton, in Tit. c. 6. The office must have acquired new dignity, which was occasionally executed by the heir apparent of the empire. Trajan intrusted the same care to Hadrian, his quaestor and cousin. See Dodwell, Praelection. Cambden, x. xi. p. 362-394.]
[Footnote 150: Terris edicta daturus; Supplicibus responsa. – Oracula regis Eloquio crevere tuo; nec dignius unquam Majestas meminit sese Romana locutam.
Claudian in Consulat. Mall. Theodor. 33. See likewise Symmachus (Epistol. i. 17) and Cassiodorus. (Variar. iv. 5.)]
[Footnote 151: Cod. Theod. l. vi. tit. 30. Cod. Justinian. l. xii. tit. 24.]
[Footnote 152: In the departments of the two counts of the treasury, the eastern part of the Notitia happens to be very defective. It may be observed, that we had a treasury chest in London, and a gyneceum or manufacture at Winchester. But Britain was not thought worthy either of a mint or of an arsenal. Gaul alone possessed three of the former, and eight of the latter.] [Footnote 153: Cod. Theod. l. vi. tit. xxx. leg. 2, and Godefroy ad loc.]
[Footnote 154: Strabon. Geograph. l. xxii. p. 809, [edit. Casaub.] The other temple of Comana, in Pontus, was a colony from that of Cappadocia, l. xii. p. 835. The President Des Brosses (see his Saluste, tom. ii. p. 21, [edit. Causub.]) conjectures that the deity adored in both Comanas was Beltis, the Venus of the east, the goddess of generation; a very different being indeed from the goddess of war.]
[Footnote 155: Cod. Theod. l. x. tit. vi. de Grege Dominico. Godefroy has collected every circumstance of antiquity relative to the Cappadocian horses. One of the finest breeds, the Palmatian, was the forfeiture of a rebel, whose estate lay about sixteen miles from Tyana, near the great road between Constantinople and Antioch.]
[Footnote 156: Justinian (Novell. 30) subjected the province of the count of Cappadocia to the immediate authority of the favorite eunuch, who presided over the sacred bed-chamber.]
[Footnote 157: Cod. Theod. l. vi. tit. xxx. leg. 4, &c.]
[Footnote 158: Pancirolus, p. 102, 136. The appearance of these military domestics is described in the Latin poem of Corippus, de Laudibus Justin. l. iii. 157-179. p. 419, 420 of the Appendix Hist. Byzantin. Rom. 177.]
[Footnote 159: Ammianus Marcellinus, who served so many years, obtained only the rank of a protector. The first ten among these honorable soldiers were Clarissimi.]
The perpetual intercourse between the court and the provinces was facilitated by the construction of roads and the institution of posts. But these beneficial establishments were accidentally connected with a pernicious and intolerable abuse. Two or three hundred agents or messengers were employed, under the jurisdiction of the master of the offices, to announce the names of the annual consuls, and the edicts or victories of the emperors. They insensibly assumed the license of reporting whatever they could observe of the conduct either of magistrates or of private citizens; and were soon considered as the eyes of the monarch, ^160 and the scourge of the people. Under the warm influence of a feeble reign, they multiplied to the incredible number of ten thousand, disdained the mild though frequent admonitions of the laws, and exercised in the profitable management of the posts a rapacious and insolent oppression. These official spies, who regularly corresponded with the palace, were encouraged by favor and reward, anxiously to watch the progress of every treasonable design, from the faint and latent symptoms of disaffection, to the actual preparation of an open revolt. Their careless or criminal violation of truth and justice was covered by the consecrated mask of zeal; and they might securely aim their poisoned arrows at the breast either of the guilty or the innocent, who had provoked their resentment, or refused to purchase their silence. A faithful subject, of Syria perhaps, or of Britain, was exposed to the danger, or at least to the dread, of being dragged in chains to the court of Milan or Constantinople, to defend his life and fortune against the malicious charge of these privileged informers. The ordinary administration was conducted by those methods which extreme necessity can alone palliate; and the defects of evidence were diligently supplied by the use of torture. ^161
[Footnote 160: Xenophon, Cyropaed. l. viii. Brisson, de Regno Persico, l. i No 190, p. 264. The emperors adopted with pleasure this Persian metaphor.]
[Footnote 161: For the Agentes in Rebus, see Ammian. l. xv. c. 3, l. xvi. c. 5, l. xxii. c. 7, with the curious annotations of Valesius. Cod. Theod. l. vi. tit. xxvii. xxviii. xxix. Among the passages collected in the Commentary of Godefroy, the most remarkable is one from Libanius, in his discourse concerning the death of Julian.]
The deceitful and dangerous experiment of the criminal quaestion, as it is emphatically styled, was admitted, rather than approved, in the jurisprudence of the Romans. They applied this sanguinary mode of examination only to servile bodies, whose sufferings were seldom weighed by those haughty republicans in the scale of justice or humanity; but they would never consent to violate the sacred person of a citizen, till they possessed the clearest evidence of his guilt. ^162 The annals of tyranny, from the reign of Tiberius to that of Domitian, circumstantially relate the executions of many innocent victims; but, as long as the faintest remembrance was kept alive of the national freedom and honor, the last hours of a Roman were secured from the danger of ignominions torture. ^163 The conduct of the provincial magistrates was not, however, regulated by the practice of the city, or the strict maxims of the civilians. They found the use of torture established not only among the slaves of oriental despotism, but among the Macedonians, who obeyed a limited monarch; among the Rhodians, who flourished by the liberty of commerce; and even among the sage Athenians, who had asserted and adorned the dignity of human kind. ^164 The acquiescence of the provincials encouraged their governors to acquire, or perhaps to usurp, a discretionary power of employing the rack, to extort from vagrants or plebeian criminals the confession of their guilt, till they insensibly proceeded to confound the distinction of rank, and to disregard the privileges of Roman citizens. The apprehensions of the subjects urged them to solicit, and the interest of the sovereign engaged him to grant, a variety of special exemptions, which tacitly allowed, and even authorized, the general use of torture. They protected all persons of illustrious or honorable rank, bishops and their presbyters, professors of the liberal arts, soldiers and their families, municipal officers, and their posterity to the third generation, and all children under the age of puberty. ^165 But a fatal maxim was introduced into the new jurisprudence of the empire, that in the case of treason, which included every offence that the subtlety of lawyers could derive from a hostile intention towards the prince or republic, ^166 all privileges were suspended, and all conditions were reduced to the same ignominious level. As the safety of the emperor was avowedly preferred to every consideration of justice or humanity, the dignity of age and the tenderness of youth were alike exposed to the most cruel tortures; and the terrors of a malicious information, which might select them as the accomplices, or even as the witnesses, perhaps, of an imaginary crime, perpetually hung over the heads of the principal citizens of the Roman world. ^167
[Footnote 162: The Pandects (l. xlviii. tit. xviii.) contain the sentiments of the most celebrated civilians on the subject of torture. They strictly confine it to slaves; and Ulpian himself is ready to acknowledge that Res est fragilis, et periculosa, et quae veritatem fallat.]
[Footnote 163: In the conspiracy of Piso against Nero, Epicharis (libertina mulier) was the only person tortured; the rest were intacti tormentis. It would be superfluous to add a weaker, and it would be difficult to find a stronger, example. Tacit. Annal. xv. 57.]
[Footnote 164: Dicendum . . . de Institutis Atheniensium, Rhodiorum, doctissimorum hominum, apud quos etiam (id quod acerbissimum est) liberi, civesque torquentur. Cicero, Partit. Orat. c. 34. We may learn from the trial of Philotas the practice of the Macedonians. (Diodor. Sicul. l. xvii. p. 604. Q. Curt. l. vi. c. 11.]
[Footnote 165: Heineccius (Element. Jur. Civil. part vii. p. 81) has collected these exemptions into one view.]
[Footnote 166: This definition of the sage Ulpian (Pandect. l. xlviii. tit. iv.) seems to have been adapted to the court of Caracalla, rather than to that of Alexander Severus. See the Codes of Theodosius and ad leg. Juliam majestatis.]
[Footnote 167: Arcadius Charisius is the oldest lawyer quoted to justify the universal practice of torture in all cases of treason; but this maxim of tyranny, which is admitted by Ammianus with the most respectful terror, is enforced by several laws of the successors of Constantine. See Cod. Theod. l. ix. tit. xxxv. majestatis crimine omnibus aequa est conditio.] These evils, however terrible they may appear, were confined to the smaller number of Roman subjects, whose dangerous situation was in some degree compensated by the enjoyment of those advantages, either of nature or of fortune, which exposed them to the jealousy of the monarch. The obscure millions of a great empire have much less to dread from the cruelty than from the avarice of their masters, and their humble happiness is principally affected by the grievance of excessive taxes, which, gently pressing on the wealthy, descend with accelerated weight on the meaner and more indigent classes of society. An ingenious philosopher ^168 has calculated the universal measure of the public impositions by the degrees of freedom and servitude; and ventures to assert, that, according to an invariable law of nature, it must always increase with the former, and diminish in a just proportion to the latter. But this reflection, which would tend to alleviate the miseries of despotism, is contradicted at least by the history of the Roman empire; which accuses the same princes of despoiling the senate of its authority, and the provinces of their wealth. Without abolishing all the various customs and duties on merchandises, which are imperceptibly discharged by the apparent choice of the purchaser, the policy of Constantine and his successors preferred a simple and direct mode of taxation, more congenial to the spirit of an arbitrary government. ^169
[Footnote 168: Montesquieu, Esprit des Loix, l. xii. c. 13.] [Footnote 169: Mr. Hume (Essays, vol. i. p. 389) has seen this importance with some degree of perplexity.]
Chapter XVII: Foundation Of Constantinople.
Part VI.
The name and use of the indictions, ^170 which serve to ascertain the chronology of the middle ages, were derived from the regular practice of the Roman tributes. ^171 The emperor subscribed with his own hand, and in purple ink, the solemn edict, or indiction, which was fixed up in the principal city of each diocese, during two months previous to the first day of September. And by a very easy connection of ideas, the word indiction was transferred to the measure of tribute which it prescribed, and to the annual term which it allowed for the payment. This general estimate of the supplies was proportioned to the real and imaginary wants of the state; but as often as the expense exceeded the revenue, or the revenue fell short of the computation, an additional tax, under the name of superindiction, was imposed on the people, and the most valuable attribute of sovereignty was communicated to the Praetorian praefects, who, on some occasions, were permitted to provide for the unforeseen and extraordinary exigencies of the public service. The execution of these laws (which it would be tedious to pursue in their minute and intricate detail) consisted of two distinct operations: the resolving the general imposition into its constituent parts, which were assessed on the provinces, the cities, and the individuals of the Roman world; and the collecting the separate contributions of the individuals, the cities, and the provinces, till the accumulated sums were poured into the Imperial treasuries. But as the account between the monarch and the subject was perpetually open, and as the renewal of the demand anticipated the perfect discharge of the preceding obligation, the weighty machine of the finances was moved by the same hands round the circle of its yearly revolution. Whatever was honorable or important in the administration of the revenue, was committed to the wisdom of the praefects, and their provincia. representatives; the lucrative functions were claimed by a crowd of subordinate officers, some of whom depended on the treasurer, others on the governor of the province; and who, in the inevitable conflicts of a perplexed jurisdiction, had frequent opportunities of disputing with each other the spoils of the people. The laborious offices, which could be productive only of envy and reproach, of expense and danger, were imposed on the Decurions, who formed the corporations of the cities, and whom the severity of the Imperial laws had condemned to sustain the burdens of civil society. ^172 The whole landed property of the empire (without excepting the patrimonial estates of the monarch) was the object of ordinary taxation; and every new purchaser contracted the obligations of the former proprietor. An accurate census, ^173 or survey, was the only equitable mode of ascertaining the proportion which every citizen should be obliged to contribute for the public service; and from the well-known period of the indictions, there is reason to believe that this difficult and expensive operation was repeated at the regular distance of fifteen years. The lands were measured by surveyors, who were sent into the provinces; their nature, whether arable or pasture, or vineyards or woods, was distinctly reported; and an estimate was made of their common value from the average produce of five years. The numbers of slaves and of cattle constituted an essential part of the report; an oath was administered to the proprietors, which bound them to disclose the true state of their affairs; and their attempts to prevaricate, or elude the intention of the legislator, were severely watched, and punished as a capital crime, which included the double guilt of treason and sacrilege. ^174 A large portion of the tribute was paid in money; and of the current coin of the empire, gold alone could be legally accepted. ^175 The remainder of the taxes, according to the proportions determined by the annual indiction, was furnished in a manner still more direct, and still more oppressive. According to the different nature of lands, their real produce in the various articles of wine or oil, corn or barley, wood or iron, was transported by the labor or at the expense of the provincials ^* to the Imperial magazines, from whence they were occasionally distributed for the use of the court, of the army, and of two capitals, Rome and Constantinople. The commissioners of the revenue were so frequently obliged to make considerable purchases, that they were strictly prohibited from allowing any compensation, or from receiving in money the value of those supplies which were exacted in kind. In the primitive simplicity of small communities, this method may be well adapted to collect the almost voluntary offerings of the people; but it is at once susceptible of the utmost latitude, and of the utmost strictness, which in a corrupt and absolute monarchy must introduce a perpetual contest between the power of oppression and the arts of fraud. ^176 The agriculture of the Roman provinces was insensibly ruined, and, in the progress of despotism which tends to disappoint its own purpose, the emperors were obliged to derive some merit from the forgiveness of debts, or the remission of tributes, which their subjects were utterly incapable of paying. According to the new division of Italy, the fertile and happy province of Campania, the scene of the early victories and of the delicious retirements of the citizens of Rome, extended between the sea and the Apennine, from the Tiber to the Silarus. Within sixty years after the death of Constantine, and on the evidence of an actual survey, an exemption was granted in favor of three hundred and thirty thousand English acres of desert and uncultivated land; which amounted to one eighth of the whole surface of the province. As the footsteps of the Barbarians had not yet been seen in Italy, the cause of this amazing desolation, which is recorded in the laws, can be ascribed only to the administration of the Roman emperors. ^177 [Footnote 170: The cycle of indictions, which may be traced as high as the reign of Constantius, or perhaps of his father, Constantine, is still employed by the Papal court; but the commencement of the year has been very reasonably altered to the first of January. See l’Art de Verifier les Dates, p. xi.; and Dictionnaire Raison. de la Diplomatique, tom. ii. p. 25; two accurate treatises, which come from the workshop of the Benedictines.]
[Footnote *: It does not appear that the establishment of the indiction is to be at tributed to Constantine: it existed before he had been created Augustus at Rome, and the remission granted by him to the city of Autun is the proof. He would not have ventured while only Caesar, and under the necessity of courting popular favor, to establish such an odious impost. Aurelius Victor and Lactantius agree in designating Diocletian as the author of this despotic institution. Aur. Vict. de Caes. c. 39. Lactant. de Mort. Pers. c. 7 – G.]
[Footnote 171: The first twenty-eight titles of the eleventh book of the Theodosian Code are filled with the circumstantial regulations on the important subject of tributes; but they suppose a clearer knowledge of fundamental principles than it is at present in our power to attain.]
[Footnote 172: The title concerning the Decurions (l. xii. tit. i.) is the most ample in the whole Theodosian Code; since it contains not less than one hundred and ninety-two distinct laws to ascertain the duties and privileges of that useful order of citizens.
Note: The Decurions were charged with assessing, according to the census of property prepared by the tabularii, the payment due from each proprietor. This odious office was authoritatively imposed on the richest citizens of each town; they had no salary, and all their compensation was, to be exempt from certain corporal punishments, in case they should have incurred them. The Decurionate was the ruin of all the rich. Hence they tried every way of avoiding this dangerous honor; they concealed themselves, they entered into military service; but their efforts were unavailing; they were seized, they were compelled to become Decurions, and the dread inspired by this title was termed Impiety. – G.
The Decurions were mutually responsible; they were obliged to undertake for pieces of ground abandoned by their owners on account of the pressure of the taxes, and, finally, to make up all deficiencies. Savigny chichte des Rom. Rechts, i. 25. – M.]
[Footnote 173: Habemus enim et hominum numerum qui delati sunt, et agrun modum. Eumenius in Panegyr. Vet. viii. 6. See Cod. Theod. l. xiii. tit. x. xi., with Godefroy’s Commentary.]
[Footnote 174: Siquis sacrilega vitem falce succiderit, aut feracium ramorum foetus hebetaverit, quo delinet fidem Censuum, et mentiatur callide paupertatis ingenium, mox detectus capitale subibit exitium, et bona ejus in Fisci jura migrabunt. Cod. Theod. l. xiii. tit. xi. leg. 1. Although this law is not without its studied obscurity, it is, however clear enough to prove the minuteness of the inquisition, and the disproportion of the penalty.]
[Footnote 175: The astonishment of Pliny would have ceased. Equidem miror P. R. victis gentibus argentum semper imperitasse non aurum. Hist Natur. xxxiii. 15.]
[Footnote *: The proprietors were not charged with the expense of this transport in the provinces situated on the sea-shore or near the great rivers, there were companies of boatmen, and of masters of vessels, who had this commission, and furnished the means of transport at their own expense. In return, they were themselves exempt, altogether, or in part, from the indiction and other imposts. They had certain privileges; particular regulations determined their rights and obligations. (Cod. Theod. l. xiii. tit. v. ix.) The transports by land were made in the same manner, by the intervention of a privileged company called Bastaga; the members were called Bastagarii Cod. Theod. l. viii. tit. v. – G.]
[Footnote 176: Some precautions were taken (see Cod. Theod. l. xi. tit. ii. and Cod. Justinian. l. x. tit. xxvii. leg. 1, 2, 3) to restrain the magistrates from the abuse of their authority, either in the exaction or in the purchase of corn: but those who had learning enough to read the orations of Cicero against Verres, (iii. de Frumento,) might instruct themselves in all the various arts of oppression, with regard to the weight, the price, the quality, and the carriage. The avarice of an unlettered governor would supply the ignorance of precept or precedent.]
[Footnote 177: Cod. Theod. l. xi. tit. xxviii. leg. 2, published the 24th of March, A. D. 395, by the emperor Honorius, only two months after the death of his father, Theodosius. He speaks of 528,042 Roman jugera, which I have reduced to the English measure. The jugerum contained 28,800 square Roman feet.]
Either from design or from accident, the mode of assessment seemed to unite the substance of a land tax with the forms of a capitation. ^178 The returns which were sent of every province or district, expressed the number of tributary subjects, and the amount of the public impositions. The latter of these sums was divided by the former; and the estimate, that such a province contained so many capita, or heads of tribute; and that each head was rated at such a price, was universally received, not only in the popular, but even in the legal computation. The value of a tributary head must have varied, according to many accidental, or at least fluctuating circumstances; but some knowledge has been preserved of a very curious fact, the more important, since it relates to one of the richest provinces of the Roman empire, and which now flourishes as the most splendid of the European kingdoms. The rapacious ministers of Constantius had exhausted the wealth of Gaul, by exacting twenty-five pieces of gold for the annual tribute of every head. The humane policy of his successor reduced the capitation to seven pieces. ^179 A moderate proportion between these opposite extremes of extraordinary oppression and of transient indulgence, may therefore be fixed at sixteen pieces of gold, or about nine pounds sterling, the common standard, perhaps, of the impositions of Gaul. ^180 But this calculation, or rather, indeed, the facts from whence it is deduced, cannot fail of suggesting two difficulties to a thinking mind, who will be at once surprised by the equality, and by the enormity, of the capitation. An attempt to explain them may perhaps reflect some light on the interesting subject of the finances of the declining empire.
[Footnote 178: Godefroy (Cod. Theod. tom. vi. p. 116) argues with weight and learning on the subject of the capitation; but while he explains the caput, as a share or measure of property, he too absolutely excludes the idea of a personal assessment.]
[Footnote 179: Quid profuerit (Julianus) anhelantibus extrema penuria Gallis, hinc maxime claret, quod primitus partes eas ingressus, pro capitibusingulis tributi nomine vicenos quinos aureos reperit flagitari; discedens vero septenos tantum numera universa complentes. Ammian. l. xvi. c. 5.] [Footnote 180: In the calculation of any sum of money under Constantine and his successors, we need only refer to the excellent discourse of Mr. Greaves on the Denarius, for the proof of the following principles; 1. That the ancient and modern Roman pound, containing 5256 grains of Troy weight, is about one twelfth lighter than the English pound, which is composed of 5760 of the same grains. 2. That the pound of gold, which had once been divided into forty-eight aurei, was at this time coined into seventy-two smaller pieces of the same denomination. 3. That five of these aurei were the legal tender for a pound of silver, and that consequently the pound of gold was exchanged for fourteen pounds eight ounces of silver, according to the Roman, or about thirteen pounds according to the English weight. 4. That the English pound of silver is coined into sixty-two shillings. From these elements we may compute the Roman pound of gold, the usual method of reckoning large sums, at forty pounds sterling, and we may fix the currency of the aureus at somewhat more than eleven shillings.
Note: See, likewise, a Dissertation of M. Letronne, “Considerations Generales sur l’Evaluation des Monnaies Grecques et Romaines” Paris, 1817 – M.]
I. It is obvious, that, as long as the immutable constitution of human nature produces and maintains so unequal a division of property, the most numerous part of the community would be deprived of their subsistence, by the equal assessment of a tax from which the sovereign would derive a very trifling revenue. Such indeed might be the theory of the Roman capitation; but in the practice, this unjust equality was no longer felt, as the tribute was collected on the principle of a real, not of a personal imposition. ^* Several indigent citizens contributed to compose a single head, or share of taxation; while the wealthy provincial, in proportion to his fortune, alone represented several of those imaginary beings. In a poetical request, addressed to one of the last and most deserving of the Roman princes who reigned in Gaul, Sidonius Apollinaris personifies his tribute under the figure of a triple monster, the Geryon of the Grecian fables, and entreats the new Hercules that he would most graciously be pleased to save his life by cutting off three of his heads. ^181 The fortune of Sidonius far exceeded the customary wealth of a poet; but if he had pursued the allusion, he might have painted many of the Gallic nobles with the hundred heads of the deadly Hydra, spreading over the face of the country, and devouring the substance of a hundred families. II. The difficulty of allowing an annual sum of about nine pounds sterling, even for the average of the capitation of Gaul, may be rendered more evident by the comparison of the present state of the same country, as it is now governed by the absolute monarch of an industrious, wealthy, and affectionate people. The taxes of France cannot be magnified, either by fear or by flattery, beyond the annual amount of eighteen millions sterling, which ought perhaps to be shared among four and twenty millions of inhabitants. ^182 Seven millions of these, in the capacity of fathers, or brothers, or husbands, may discharge the obligations of the remaining multitude of women and children; yet the equal proportion of each tributary subject will scarcely rise above fifty shillings of our money, instead of a proportion almost four times as considerable, which was regularly imposed on their Gallic ancestors. The reason of this difference may be found, not so much in the relative scarcity or plenty of gold and silver, as in the different state of society, in ancient Gaul and in modern France. In a country where personal freedom is the privilege of every subject, the whole mass of taxes, whether they are levied on property or on consumption, may be fairly divided among the whole body of the nation. But the far greater part of the lands of ancient Gaul, as well as of the other provinces of the Roman world, were cultivated by slaves, or by peasants, whose dependent condition was a less rigid servitude. ^183 In such a state the poor were maintained at the expense of the masters who enjoyed the fruits of their labor; and as the rolls of tribute were filled only with the names of those citizens who possessed the means of an honorable, or at least of a decent subsistence, the comparative smallness of their numbers explains and justifies the high rate of their capitation. The truth of this assertion may be illustrated by the following example: The Aedui, one of the most powerful and civilized tribes or cities of Gaul, occupied an extent of territory, which now contains about five hundred thousand inhabitants, in the two ecclesiastical dioceses of Autun and Nevers; ^184 and with the probable accession of those of Chalons and Macon, ^185 the population would amount to eight hundred thousand souls. In the time of Constantine, the territory of the Aedui afforded no more than twenty-five thousand heads of capitation, of whom seven thousand were discharged by that prince from the intolerable weight of tribute. ^186 A just analogy would seem to countenance the opinion of an ingenious historian, ^187 that the free and tributary citizens did not surpass the number of half a million; and if, in the ordinary administration of government, their annual payments may be computed at about four millions and a half of our money, it would appear, that although the share of each individual was four times as considerable, a fourth part only of the modern taxes of France was levied on the Imperial province of Gaul. The exactions of Constantius may be calculated at seven millions sterling, which were reduced to two millions by the humanity or the wisdom of Julian.
[Footnote *: Two masterly dissertations of M. Savigny, in the Mem. of the Berlin Academy (1822 and 1823) have thrown new light on the taxation system of the Empire. Gibbon, according to M. Savigny, is mistaken in supposing that there was but one kind of capitation tax; there was a land tax, and a capitation tax, strictly so called. The land tax was, in its operation, a proprietor’s or landlord’s tax. But, besides this, there was a direct capitation tax on all who were not possessed of landed property. This tax dates from the time of the Roman conquests; its amount is not clearly known. Gradual exemptions released different persons and classes from this tax. One edict exempts painters. In Syria, all under twelve or fourteen, or above sixty-five, were exempted; at a later period, all under twenty, and all unmarried females; still later, all under twenty-five, widows and nuns, soldiers, veterani and clerici – whole dioceses, that of Thrace and Illyricum. Under Galerius and Licinius, the plebs urbana became exempt; though this, perhaps, was only an ordinance for the East. By degrees, however, the exemption was extended to all the inhabitants of towns; and as it was strictly capitatio plebeia, from which all possessors were exempted it fell at length altogether on the coloni and agricultural slaves. These were registered in the same cataster (capitastrum) with the land tax. It was paid by the proprietor, who raised it again from his coloni and laborers. – M.]
[Footnote 181: Geryones nos esse puta, monstrumque tributum,
Hic capita ut vivam, tu mihi tolle tria. Sidon. Apollinar. Carm. xiii.
The reputation of Father Sirmond led me to expect more satisfaction than I have found in his note (p. 144) on this remarkable passage. The words, suo vel suorum nomine, betray the perplexity of the commentator.]
[Footnote 182: This assertion, however formidable it may seem, is founded on the original registers of births, deaths, and marriages, collected by public authority, and now deposited in the Controlee General at Paris. The annual average of births throughout the whole kingdom, taken in five years, (from 1770 to 1774, both inclusive,) is 479,649 boys, and 449,269 girls, in all 928,918 children. The province of French Hainault alone furnishes 9906 births; and we are assured, by an actual enumeration of the people, annually repeated from the year 1773 to the year 1776, that upon an average, Hainault contains 257,097 inhabitants. By the rules of fair analogy, we might infer, that the ordinary proportion of annual births to the whole people, is about 1 to 26; and that the kingdom of France contains 24,151,868 persons of both sexes and of every age. If we content ourselves with the more moderate proportion of 1 to 25, the whole population will amount to 23,222,950. From the diligent researches of the French Government, (which are not unworthy of our own imitation,) we may hope to obtain a still greater degree of certainty on this important subject
Note: On no subject has so much valuable information been collected since the time of Gibbon, as the statistics of the different countries of Europe but much is still wanting as to our own – M.]
[Footnote 183: Cod. Theod. l. v. tit. ix. x. xi. Cod. Justinian. l. xi. tit. lxiii. Coloni appellantur qui conditionem debent genitali solo, propter agriculturum sub dominio possessorum. Augustin. de Civitate Dei, l. x. c. i.]
[Footnote 184: The ancient jurisdiction of (Augustodunum) Autun in Burgundy, the capital of the Aedui, comprehended the adjacent territory of (Noviodunum) Nevers. See D’Anville, Notice de l’Ancienne Gaule, p. 491. The two dioceses of Autun and Nevers are now composed, the former of 610, and the latter of 160 parishes. The registers of births, taken during eleven years, in 476 parishes of the same province of Burgundy, and multiplied by the moderate proportion of 25, (see Messance Recherches sur la Population, p. 142,) may authorizes us to assign an average number of 656 persons for each parish, which being again multiplied by the 770 parishes of the dioceses of Nevers and Autun, will produce the sum of 505,120 persons for the extent of country which was once possessed by the Aedui.]
[Footnote 185: We might derive an additional supply of 301,750 inhabitants from the dioceses of Chalons (Cabillonum) and of Macon, (Matisco,) since they contain, the one 200, and the other 260 parishes. This accession of territory might be justified by very specious reasons. 1. Chalons and Macon were undoubtedly within the original jurisdiction of the Aedui. (See D’Anville, Notice, p. 187, 443.) 2. In the Notitia of Gaul, they are enumerated not as Civitates, but merely as Castra. 3. They do not appear to have been episcopal seats before the fifth and sixth centuries. Yet there is a passage in Eumenius (Panegyr. Vet. viii. 7) which very forcibly deters me from extending the territory of the Aedui, in the reign of Constantine, along the beautiful banks of the navigable Saone.
Note: In this passage of Eumenius, Savigny supposes the original number to have been 32,000: 7000 being discharged, there remained 25,000 liable to the tribute. See Mem. quoted above. – M.]
[Footnote 186: Eumenius in Panegyr Vet. viii. 11.]
[Footnote 187: L’Abbe du Bos, Hist. Critique de la M. F. tom. i. p. 121]
But this tax, or capitation, on the proprietors of land, would have suffered a rich and numerous class of free citizens to escape. With the view of sharing that species of wealth which is derived from art or labor, and which exists in money or in merchandise, the emperors imposed a distinct and personal tribute on the trading part of their subjects. ^188 Some exemptions, very strictly confined both in time and place, were allowed to the proprietors who disposed of the produce of their own estates. Some indulgence was granted to the profession of the liberal arts: but every other branch of commercial industry was affected by the severity of the law. The honorable merchant of Alexandria, who imported the gems and spices of India for the use of the western world; the usurer, who derived from the interest of money a silent and ignominious profit; the ingenious manufacturer, the diligent mechanic, and even the most obscure retailer of a sequestered village, were obliged to admit the officers of the revenue into the partnership of their gain; and the sovereign of the Roman empire, who tolerated the profession, consented to share the infamous salary, of public prostitutes. ^! As this general tax upon industry was collected every fourth year, it was styled the Lustral Contribution: and the historian Zosimus ^189 laments that the approach of the fatal period was announced by the tears and terrors of the citizens, who were often compelled by the impending scourge to embrace the most abhorred and unnatural methods of procuring the sum at which their property had been assessed. The testimony of Zosimus cannot indeed be justified from the charge of passion and prejudice; but, from the nature of this tribute it seems reasonable to conclude, that it was arbitrary in the distribution, and extremely rigorous in the mode of collecting. The secret wealth of commerce, and the precarious profits of art or labor, are susceptible only of a discretionary valuation, which is seldom disadvantageous to the interest of the treasury; and as the person of the trader supplies the want of a visible and permanent security, the payment of the imposition, which, in the case of a land tax, may be obtained by the seizure of property, can rarely be extorted by any other means than those of corporal punishments. The cruel treatment of the insolvent debtors of the state, is attested, and was perhaps mitigated by a very humane edict of Constantine, who, disclaiming the use of racks and of scourges, allots a spacious and airy prison for the place of their confinement. ^190
[Footnote 188: See Cod. Theod. l. xiii. tit. i. and iv.]
[Footnote !: The emperor Theodosius put an end, by a law. to this disgraceful source of revenue. (Godef. ad Cod. Theod. xiii. tit. i. c. 1.) But before he deprived himself of it, he made sure of some way of replacing this deficit. A rich patrician, Florentius, indignant at this legalized licentiousness, had made representations on the subject to the emperor. To induce him to tolerate it no longer, he offered his own property to supply the diminution of the revenue. The emperor had the baseness to accept his offer – G.]
[Footnote 189: Zosimus, l. ii. p. 115. There is probably as much passion and prejudice in the attack of Zosimus, as in the elaborate defence of the memory of Constantine by the zealous Dr. Howell. Hist. of the World, vol. ii. p. 20.]
[Footnote 190: Cod. Theod. l. xi. tit vii. leg. 3.]
These general taxes were imposed and levied by the absolute authority of the monarch; but the occasional offerings of the coronary gold still retained the name and semblance of popular consent. It was an ancient custom that the allies of the republic, who ascribed their safety or deliverance to the success of the Roman arms, and even the cities of Italy, who admired the virtues of their victorious general, adorned the pomp of his triumph by their voluntary gifts of crowns of gold, which after the ceremony were consecrated in the temple of Jupiter, to remain a lasting monument of his glory to future ages. The progress of zeal and flattery soon multiplied the number, and increased the size, of these popular donations; and the triumph of Caesar was enriched with two thousand eight hundred and twenty-two massy crowns, whose weight amounted to twenty thousand four hundred and fourteen pounds of gold. This treasure was immediately melted down by the prudent dictator, who was satisfied that it would be more serviceable to his soldiers than to the gods: his example was imitated by his successors; and the custom was introduced of exchanging these splendid ornaments for the more acceptable present of the current gold coin of the empire. ^191 The spontaneous offering was at length exacted as the debt of duty; and instead of being confined to the occasion of a triumph, it was supposed to be granted by the several cities and provinces of the monarchy, as often as the emperor condescended to announce his accession, his consulship, the birth of a son, the creation of a Caesar, a victory over the Barbarians, or any other real or imaginary event which graced the annals of his reign. The peculiar free gift of the senate of Rome was fixed by custom at sixteen hundred pounds of gold, or about sixty-four thousand pounds sterling. The oppressed subjects celebrated their own felicity, that their sovereign should graciously consent to accept this feeble but voluntary testimony of their loyalty and gratitude. ^192
[Footnote 191: See Lipsius de Magnitud. Romana, l. ii. c. 9. The Tarragonese Spain presented the emperor Claudius with a crown of gold of seven, and Gaul with another of nine, hundred pounds weight. I have followed the rational emendation of Lipsius.
Note: This custom is of still earlier date, the Romans had borrowed it from Greece. Who is not acquainted with the famous oration of Demosthenes for the golden crown, which his citizens wished to bestow, and Aeschines to deprive him of? – G.]
[Footnote 192: Cod. Theod. l. xii. tit. xiii. The senators were supposed to be exempt from the Aurum Coronarium; but the Auri Oblatio, which was required at their hands, was precisely of the same nature.]
A people elated by pride, or soured by discontent, are seldom qualified to form a just estimate of their actual situation. The subjects of Constantine were incapable of discerning the decline of genius and manly virtue, which so far degraded them below the dignity of their ancestors; but they could feel and lament the rage of tyranny, the relaxation of discipline, and the increase of taxes. The impartial historian, who acknowledges the justice of their complaints, will observe some favorable circumstances which tended to alleviate the misery of their condition. The threatening tempest of Barbarians, which so soon subverted the foundations of Roman greatness, was still repelled, or suspended, on the frontiers. The arts of luxury and literature were cultivated, and the elegant pleasures of society were enjoyed, by the inhabitants of a considerable portion of the globe. The forms, the pomp, and the expense of the civil administration contributed to restrain the irregular license of the soldiers; and although the laws were violated by power, or perverted by subtlety, the sage principles of the Roman jurisprudence preserved a sense of order and equity, unknown to the despotic governments of the East. The rights of mankind might derive some protection from religion and philosophy; and the name of freedom, which could no longer alarm, might sometimes admonish, the successors of Augustus, that they did not reign over a nation of Slaves or Barbarians. ^193
[Footnote 193: The great Theodosius, in his judicious advice to his son, (Claudian in iv. Consulat. Honorii, 214, &c.,) distinguishes the station of a Roman prince from that of a Parthian monarch. Virtue was necessary for the one; birth might suffice for the other.]
Chapter XVIII: Character Of Constantine And His Sons.
Part I.
Character Of Constantine. – Gothic War. – Death Of Constantine. – Division Of The Empire Among His Three Sons. – Persian War. – Tragic Deaths Of Constantine The Younger And Constans. – Usurpation Of Magnentius. – Civil War. – Victory Of Constantius.
The character of the prince who removed the seat of empire, and introduced such important changes into the civil and religious constitution of his country, has fixed the attention, and divided the opinions, of mankind. By the grateful zeal of the Christians, the deliverer of the church has been decorated with every attribute of a hero, and even of a saint; while the discontent of the vanquished party has compared Constantine to the most abhorred of those tyrants, who, by their vice and weakness, dishonored the Imperial purple. The same passions have in some degree been perpetuated to succeeding generations, and the character of Constantine is considered, even in the present age, as an object either of satire or of panegyric. By the impartial union of those defects which are confessed by his warmest admirers, and of those virtues which are acknowledged by his most-implacable enemies, we might hope to delineate a just portrait of that extraordinary man, which the truth and candor of history should adopt without a blush. ^1 But it would soon appear, that the vain attempt to blend such discordant colors, and to reconcile such inconsistent qualities, must produce a figure monstrous rather than human, unless it is viewed in its proper and distinct lights, by a careful separation of the different periods of the reign of Constantine. [Footnote 1: On ne se trompera point sur Constantin, en croyant tout le mal ru’en dit Eusebe, et tout le bien qu’en dit Zosime. Fleury, Hist. Ecclesiastique, tom. iii. p. 233. Eusebius and Zosimus form indeed the two extremes of flattery and invective. The intermediate shades are expressed by those writers, whose character or situation variously tempered the influence of their religious zeal.]
The person, as well as the mind, of Constantine, had been enriched by nature with her choices endowments. His stature was lofty, his countenance majestic, his deportment graceful; his strength and activity were displayed in every manly exercise, and from his earliest youth, to a very advanced season of life, he preserved the vigor of his constitution by a strict adherence to the domestic virtues of chastity and temperance. He delighted in the social intercourse of familiar conversation; and though he might sometimes indulge his disposition to raillery with less reserve than was required by the severe dignity of his station, the courtesy and liberality of his manners gained the hearts of all who approached him. The sincerity of his friendship has been suspected; yet he showed, on some occasions, that he was not incapable of a warm and lasting attachment. The disadvantage of an illiterate education had not prevented him from forming a just estimate of the value of learning; and the arts and sciences derived some encouragement from the munificent protection of Constantine. In the despatch of business, his diligence was indefatigable; and the active powers of his mind were almost continually exercised in reading, writing, or meditating, in giving audiences to ambassadors, and in examining the complaints of his subjects. Even those who censured the propriety of his measures were compelled to acknowledge, that he possessed magnanimity to conceive, and patience to execute, the most arduous designs, without being checked either by the prejudices of education, or by the clamors of the multitude. In the field, he infused his own intrepid spirit into the troops, whom he conducted with the talents of a consummate general; and to his abilities, rather than to his fortune, we may ascribe the signal victories which he obtained over the foreign and domestic foes of the republic. He loved glory as the reward, perhaps as the motive, of his labors. The boundless ambition, which, from the moment of his accepting the purple at York, appears as the ruling passion of his soul, may be justified by the dangers of his own situation, by the character of his rivals, by the consciousness of superior merit, and by the prospect that his success would enable him to restore peace and order to the distracted empire. In his civil wars against Maxentius and Licinius, he had engaged on his side the inclinations of the people, who compared the undissembled vices of those tyrants with the spirit of wisdom and justice which seemed to direct the general tenor of the administration of Constantine. ^2
[Footnote 2: The virtues of Constantine are collected for the most part from Eutropius and the younger Victor, two sincere pagans, who wrote after the extinction of his family. Even Zosimus, and the Emperor Julian, acknowledge his personal courage and military achievements.]
Had Constantine fallen on the banks of the Tyber, or even in the plains of Hadrianople, such is the character which, with a few exceptions, he might have transmitted to posterity. But the conclusion of his reign (according to the moderate and indeed tender sentence of a writer of the same age) degraded him from the rank which he had acquired among the most deserving of the Roman princes. ^3 In the life of Augustus, we behold the tyrant of the republic, converted, almost by imperceptible degrees, into the father of his country, and of human kind. In that of Constantine, we may contemplate a hero, who had so long inspired his subjects with love, and his enemies with terror, degenerating into a cruel and dissolute monarch, corrupted by his fortune, or raised by conquest above the necessity of dissimulation. The general peace which he maintained during the last fourteen years of his reign, was a period of apparent splendor rather than of real prosperity; and the old age of Constantine was disgraced by the opposite yet reconcilable vices of rapaciousness and prodigality. The accumulated treasures found in the palaces of Maxentius and Licinius, were lavishly consumed; the various innovations introduced by the conqueror, were attended with an increasing expense; the cost of his buildings, his court, and his festivals, required an immediate and plentiful supply; and the oppression of the people was the only fund which could support the magnificence of the sovereign. ^4 His unworthy favorites, enriched by the boundless liberality of their master, usurped with impunity the privilege of rapine and corruption. ^5 A secret but universal decay was felt in every part of the public administration, and the emperor himself, though he still retained the obedience, gradually lost the esteem, of his subjects. The dress and manners, which, towards the decline of life, he chose to affect, served only to degrade him in the eyes of mankind. The Asiatic pomp, which had been adopted by the pride of Diocletian, assumed an air of softness and effeminacy in the person of Constantine. He is represented with false hair of various colors, laboriously arranged by the skilful artists to the times; a diadem of a new and more expensive fashion; a profusion of gems and pearls, of collars and bracelets, and a variegated flowing robe of silk, most curiously embroidered with flowers of gold. In such apparel, scarcely to be excused by the youth and folly of Elagabalus, we are at a loss to discover the wisdom of an aged monarch, and the simplicity of a Roman veteran. ^6 A mind thus relaxed by prosperity and indulgence, was incapable of rising to that magnanimity which disdains suspicion, and dares to forgive. The deaths of Maximian and Licinius may perhaps be justified by the maxims of policy, as they are taught in the schools of tyrants; but an impartial narrative of the executions, or rather murders, which sullied the declining age of Constantine, will suggest to our most candid thoughts the idea of a prince who could sacrifice without reluctance the laws of justice, and the feelings of nature, to the dictates either of his passions or of his interest.
[Footnote 3: See Eutropius, x. 6. In primo Imperii tempore optimis principibus, ultimo mediis comparandus. From the ancient Greek version of Poeanius, (edit. Havercamp. p. 697,) I am inclined to suspect that Eutropius had originally written vix mediis; and that the offensive monosyllable was dropped by the wilful inadvertency of transcribers. Aurelius Victor expresses the general opinion by a vulgar and indeed obscure proverb. Trachala decem annis praestantissimds; duodecim sequentibus latro; decem novissimis pupillus ob immouicas profusiones.]
[Footnote 4: Julian, Orat. i. p. 8, in a flattering discourse pronounced before the son of Constantine; and Caesares, p. 336. Zosimus, p. 114, 115. The stately buildings of Constantinople, &c., may be quoted as a lasting and unexceptionable proof of the profuseness of their founder.]
[Footnote 5: The impartial Ammianus deserves all our confidence. Proximorum fauces aperuit primus omnium Constantinus. L. xvi. c. 8. Eusebius himself confesses the abuse, (Vit. Constantin. l. iv. c. 29, 54;) and some of the Imperial laws feebly point out the remedy. See above, p. 146 of this volume.] [Footnote 6: Julian, in the Caesars, attempts to ridicule his uncle. His suspicious testimony is confirmed, however, by the learned Spanheim, with the authority of medals, (see Commentaire, p. 156, 299, 397, 459.) Eusebius (Orat. c. 5) alleges, that Constantine dressed for the public, not for himself. Were this admitted, the vainest coxcomb could never want an excuse.] The same fortune which so invariably followed the standard of Constantine, seemed to secure the hopes and comforts of his domestic life. Those among his predecessors who had enjoyed the longest and most prosperous reigns, Augustus Trajan, and Diocletian, had been disappointed of posterity; and the frequent revolutions had never allowed sufficient time for any Imperial family to grow up and multiply under the shade of the purple. But the royalty of the Flavian line, which had been first ennobled by the Gothic Claudius, descended through several generations; and Constantine himself derived from his royal father the hereditary honors which he transmitted to his children. The emperor had been twice married. Minervina, the obscure but lawful object of his youthful attachment, ^7 had left him only one son, who was called Crispus. By Fausta, the daughter of Maximian, he had three daughters, and three sons known by the kindred names of Constantine, Constantius, and Constans. The unambitious brothers of the great Constantine, Julius Constantius, Dalmatius, and Hannibalianus, ^8 were permitted to enjoy the most honorable rank, and the most affluent fortune, that could be consistent with a private station. The youngest of the three lived without a name, and died without posterity. His two elder brothers obtained in marriage the daughters of wealthy senators, and propagated new branches of the Imperial race. Gallus and Julian afterwards became the most illustrious of the children of Julius Constantius, the Patrician.
The two sons of Dalmatius, who had been decorated with the vain title of Censor, were named Dalmatius and Hannibalianus. The two sisters of the great Constantine, Anastasia and Eutropia, were bestowed on Optatus and Nepotianus, two senators of noble birth and of consular dignity. His third sister, Constantia, was distinguished by her preeminence of greatness and of misery. She remained the widow of the vanquished Licinius; and it was by her entreaties, that an innocent boy, the offspring of their marriage, preserved, for some time, his life, the title of Caesar, and a precarious hope of the succession. Besides the females, and the allies of the Flavian house, ten or twelve males, to whom the language of modern courts would apply the title of princes of the blood, seemed, according to the order of their birth, to be destined either to inherit or to support the throne of Constantine. But in less than thirty years, this numerous and increasing family was reduced to the persons of Constantius and Julian, who alone had survived a series of crimes and calamities, such as the tragic poets have deplored in the devoted lines of Pelops and of Cadmus. [Footnote 7: Zosimus and Zonaras agree in representing Minervina as the concubine of Constantine; but Ducange has very gallantly rescued her character, by producing a decisive passage from one of the panegyrics: “Ab ipso fine pueritiae te matrimonii legibus dedisti.”]
[Footnote 8: Ducange (Familiae Byzantinae, p. 44) bestows on him, after Zosimus, the name of Constantine; a name somewhat unlikely, as it was already occupied by the elder brother. That of Hannibalianus is mentioned in the Paschal Chronicle, and is approved by Tillemont. Hist. des Empereurs, tom. iv. p. 527.]
Crispus, the eldest son of Constantine, and the presumptive heir of the empire, is represented by impartial historians as an amiable and accomplished youth. The care of his education, or at least of his studies, was intrusted to Lactantius, the most eloquent of the Christians; a preceptor admirably qualified to form the taste, and the excite the virtues, of his illustrious disciple. ^9 At the age of seventeen, Crispus was invested with the title of Caesar, and the administration of the Gallic provinces, where the inroads of the Germans gave him an early occasion of signalizing his military prowess. In the civil war which broke out soon afterwards, the father and son divided their powers; and this history has already celebrated the valor as well as conduct displayed by the latter, in forcing the straits of the Hellespont, so obstinately defended by the superior fleet of Lacinius. This naval victory contributed to determine the event of the war; and the names of Constantine and of Crispus were united in the joyful acclamations of their eastern subjects; who loudly proclaimed, that the world had been subdued, and was now governed, by an emperor endowed with every virtue; and by his illustrious son, a prince beloved of Heaven, and the lively image of his father’s perfections. The public favor, which seldom accompanies old age, diffused its lustre over the youth of Crispus. He deserved the esteem, and he engaged the affections, of the court, the army, and the people. The experienced merit of a reigning monarch is acknowledged by his subjects with reluctance, and frequently denied with partial and discontented murmurs; while, from the opening virtues of his successor, they fondly conceive the most unbounded hopes of private as well as public felicity. ^10
[Footnote 9: Jerom. in Chron. The poverty of Lactantius may be applied either to the praise of the disinterested philosopher, or to the shame of the unfeeling patron. See Tillemont, Mem. Ecclesiast. tom. vi. part 1. p. 345. Dupin, Bibliotheque Ecclesiast. tom. i. p. 205. Lardner’s Credibility of the Gospel History, part ii. vol. vii. p. 66.]
[Footnote 10: Euseb. Hist. Ecclesiast. l. x. c. 9. Eutropius (x. 6) styles him “egregium virum;” and Julian (Orat. i.) very plainly alludes to the exploits of Crispus in the civil war. See Spanheim, Comment. p. 92.]
This dangerous popularity soon excited the attention of Constantine, who, both as a father and as a king, was impatient of an equal. Instead of attempting to secure the allegiance of his son by the generous ties of confidence and gratitude, he resolved to prevent the mischiefs which might be apprehended from dissatisfied ambition. Crispus soon had reason to complain, that while his infant brother Constantius was sent, with the title of Caesar, to reign over his peculiar department of the Gallic provinces, ^11 he, a prince of mature years, who had performed such recent and signal services, instead of being raised to the superior rank of Augustus, was confined almost a prisoner to his father’s court; and exposed, without power or defence, to every calumny which the malice of his enemies could suggest. Under such painful circumstances, the royal youth might not always be able to compose his behavior, or suppress his discontent; and we may be assured, that he was encompassed by a train of indiscreet or perfidious followers, who assiduously studied to inflame, and who were perhaps instructed to betray, the unguarded warmth of his resentment. An edict of Constantine, published about this time, manifestly indicates his real or affected suspicions, that a secret conspiracy had been formed against his person and government. By all the allurements of honors and rewards, he invites informers of every degree to accuse without exception his magistrates or ministers, his friends or his most intimate favorites, protesting, with a solemn asseveration, that he himself will listen to the charge, that he himself will revenge his injuries; and concluding with a prayer, which discovers some apprehension of danger, that the providence of the Supreme Being may still continue to protect the safety of the emperor and of the empire. ^12
[Footnote 11: Compare Idatius and the Paschal Chronicle, with Ammianus, (l, xiv. c. 5.) The year in which Constantius was created Caesar seems to be more accurately fixed by the two chronologists; but the historian who lived in his court could not be ignorant of the day of the anniversary. For the appointment of the new Caesar to the provinces of Gaul, see Julian, Orat. i. p. 12, Godefroy, Chronol. Legum, p. 26. and Blondel, de Primaute de l’Eglise, p. 1183.]
[Footnote 12: Cod. Theod. l. ix. tit. iv. Godefroy suspected the secret motives of this law. Comment. tom. iii. p. 9.]
The informers, who complied with so liberal an invitation, were sufficiently versed in the arts of courts to select the friends and adherents of Crispus as the guilty persons; nor is there any reason to distrust the veracity of the emperor, who had promised an ample measure of revenge and punishment. The policy of Constantine maintained, however, the same appearances of regard and confidence towards a son, whom he began to consider as his most irreconcilable enemy. Medals were struck with the customary vows for the long and auspicious reign of the young Caesar; ^13 and as the people, who were not admitted into the secrets of the palace, still loved his virtues, and respected his dignity, a poet who solicits his recall from exile, adores with equal devotion the majesty of the father and that of the son. ^14 The time was now arrived for celebrating the august ceremony of the twentieth year of the reign of Constantine; and the emperor, for that purpose, removed his court from Nicomedia to Rome, where the most splendid preparations had been made for his reception. Every eye, and every tongue, affected to express their sense of the general happiness, and the veil of ceremony and dissimulation was drawn for a while over the darkest designs of revenge and murder. ^15 In the midst of the festival, the unfortunate Crispus was apprehended by order of the emperor, who laid aside the tenderness of a father, without assuming the equity of a judge. The examination was short and private; ^16 and as it was thought decent to conceal the fate of the young prince from the eyes of the Roman people, he was sent under a strong guard to Pola, in Istria, where, soon afterwards, he was put to death, either by the hand of the executioner, or by the more gentle operations of poison. ^17 The Caesar Licinius, a youth of amiable manners, was involved in the ruin of Crispus: ^18 and the stern jealousy of Constantine was unmoved by the prayers and tears of his favorite sister, pleading for the life of a son, whose rank was his only crime, and whose loss she did not long survive. The story of these unhappy princes, the nature and evidence of their guilt, the forms of their trial, and the circumstances of their death, were buried in mysterious obscurity; and the courtly bishop, who has celebrated in an elaborate work the virtues and piety of his hero, observes a prudent silence on the subject of these tragic events. ^19 Such haughty contempt for the opinion of mankind, whilst it imprints an indelible stain on the memory of Constantine, must remind us of the very different behavior of one of the greatest monarchs of the present age. The Czar Peter, in the full possession of despotic power, submitted to the judgment of Russia, of Europe, and of posterity, the reasons which had compelled him to subscribe the condemnation of a criminal, or at least of a degenerate son. ^20
[Footnote 13: Ducange, Fam. Byzant. p. 28. Tillemont, tom. iv. p. 610.]
[Footnote 14: His name was Porphyrius Optatianus. The date of his panegyric, written, according to the taste of the age, in vile acrostics, is settled by Scaliger ad Euseb. p. 250, Tillemont, tom. iv. p. 607, and Fabricius, Biblioth. Latin, l. iv. c. 1.]
[Footnote 15: Zosim. l. ii. p. 103. Godefroy, Chronol. Legum, p. 28.]
[Footnote 16: The elder Victor, who wrote under the next reign, speaks with becoming caution. “Natu grandior incertum qua causa, patris judicio occidisset.” If we consult the succeeding writers, Eutropius, the younger Victor, Orosius, Jerom, Zosimus, Philostorgius, and Gregory of Tours, their knowledge will appear gradually to increase, as their means of information must have diminished – a circumstance which frequently occurs in historical disquisition.]
[Footnote 17: Ammianus (l. xiv. c. 11) uses the general expression of peremptum Codinus (p. 34) beheads the young prince; but Sidonius Apollinaris (Epistol. v. 8,) for the sake perhaps of an antithesis to Fausta’s warm bath, chooses to administer a draught of cold poison.]
[Footnote 18: Sororis filium, commodae indolis juvenem. Eutropius, x. 6 May I not be permitted to conjecture that Crispus had married Helena the daughter of the emperor Licinius, and that on the happy delivery of the princess, in the year 322, a general pardon was granted by Constantine? See Ducange, Fam. Byzant. p. 47, and the law (l. ix. tit. xxxvii.) of the Theodosian code, which has so much embarrassed the interpreters. Godefroy, tom. iii. p. 267
Note: This conjecture is very doubtful. The obscurity of the law quoted from the Theodosian code scarcely allows any inference, and there is extant but one meda which can be attributed to a Helena, wife of Crispus.] [Footnote 19: See the life of Constantine, particularly l. ii. c. 19, 20. Two hundred and fifty years afterwards Evagrius (l. iii. c. 41) deduced from the silence of Eusebius a vain argument against the reality of the fact.]
[Footnote 20: Histoire de Pierre le Grand, par Voltaire, part ii. c. 10.]
The innocence of Crispus was so universally acknowledged, that the modern Greeks, who adore the memory of their founder, are reduced to palliate the guilt of a parricide, which the common feelings of human nature forbade them to justify. They pretend, that as soon as the afflicted father discovered the falsehood of the accusation by which his credulity had been so fatally misled, he published to the world his repentance and remorse; that he mourned forty days, during which he abstained from the use of the bath, and all the ordinary comforts of life; and that, for the lasting instruction of posterity, he erected a golden statue of Crispus, with this memorable inscription: To my son, whom I unjustly condemned. ^21 A tale so moral and so interesting would deserve to be supported by less exceptionable authority; but if we consult the more ancient and authentic writers, they will inform us, that the repentance of Constantine was manifested only in acts of blood and revenge; and that he atoned for the murder of an innocent son, by the execution, perhaps, of a guilty wife. They ascribe the misfortunes of Crispus to the arts of his step-mother Fausta, whose implacable hatred, or whose disappointed love, renewed in the palace of Constantine the ancient tragedy of Hippolitus and of Phaedra. ^22 Like the daughter of Minos, the daughter of Maximian accused her son-in-law of an incestuous attempt on the chastity of his father’s wife; and easily obtained, from the jealousy of the emperor, a sentence of death against a young prince, whom she considered with reason as the most formidable rival of her own children. But Helena, the aged mother of Constantine, lamented and revenged the untimely fate of her grandson Crispus; nor was it long before a real or pretended discovery was made, that Fausta herself entertained a criminal connection with a slave belonging to the Imperial stables. ^23 Her condemnation and punishment were the instant consequences of the charge; and the adulteress was suffocated by the steam of a bath, which, for that purpose, had been heated to an extraordinary degree. ^24 By some it will perhaps be thought, that the remembrance of a conjugal union of twenty years, and the honor of their common offspring, the destined heirs of the throne, might have softened the obdurate heart of Constantine, and persuaded him to suffer his wife, however guilty she might appear, to expiate her offences in a solitary prison. But it seems a superfluous labor to weigh the propriety, unless we could ascertain the truth, of this singular event, which is attended with some circumstances of doubt and perplexity. Those who have attacked, and those who have defended, the character of Constantine, have alike disregarded two very remarkable passages of two orations pronounced under the succeeding reign. The former celebrates the virtues, the beauty, and the fortune of the empress Fausta, the daughter, wife, sister, and mother of so many princes. ^25 The latter asserts, in explicit terms, that the mother of the younger Constantine, who was slain three years after his father’s death, survived to weep over the fate of her son. ^26 Notwithstanding the positive testimony of several writers of the Pagan as well as of the Christian religion, there may still remain some reason to believe, or at least to suspect, that Fausta escaped the blind and suspicious cruelty of her husband. ^* The deaths of a son and a nephew, with the execution of a great number of respectable, and perhaps innocent friends, ^27 who were involved in their fall, may be sufficient, however, to justify the discontent of the Roman people, and to explain the satirical verses affixed to the palace gate, comparing the splendid and bloody reigns of Constantine and Nero. ^28
[Footnote 21: In order to prove that the statue was erected by Constantine, and afterwards concealed by the malice of the Arians, Codinus very readily creates (p. 34) two witnesses, Hippolitus, and the younger Herodotus, to whose imaginary histories he appeals with unblushing confidence.] [Footnote 22: Zosimus (l. ii. p. 103) may be considered as our original. The ingenuity of the moderns, assisted by a few hints from the ancients, has illustrated and improved his obscure and imperfect narrative.]
[Footnote 23: Philostorgius, l. ii. c. 4. Zosimus (l. ii. p. 104, 116) imputes to Constantine the death of two wives, of the innocent Fausta, and of an adulteress, who was the mother of his three successors. According to Jerom, three or four years elapsed between the death of Crispus and that of Fausta. The elder Victor is prudently silent.]
[Footnote 24: If Fausta was put to death, it is reasonable to believe that the private apartments of the palace were the scene of her execution. The orator Chrysostom indulges his fancy by exposing the naked desert mountain to be devoured by wild beasts.]
[Footnote 25: Julian. Orat. i. He seems to call her the mother of Crispus. She might assume that title by adoption. At least, she was not considered as his mortal enemy. Julian compares the fortune of Fausta with that of Parysatis, the Persian queen. A Roman would have more naturally recollected the second Agrippina: –
Et moi, qui sur le trone ai suivi mes ancetres: Moi, fille, femme, soeur, et mere de vos maitres.]
[Footnote 26: Monod. in Constantin. Jun. c. 4, ad Calcem Eutrop. edit. Havercamp. The orator styles her the most divine and pious of queens [Footnote *: Manso (Leben Constantins, p. 65) treats this inference o: Gibbon, and the authorities to which he appeals, with too much contempt, considering the general scantiness of proof on this curious question. – M.] [Footnote 27: Interfecit numerosos amicos. Eutrop. xx. 6.] [Footnote 28: Saturni aurea saecula quis requirat? Sunt haec gemmea, sed Neroniana.
Sidon. Apollinar. v. 8.
It is somewhat singular that these satirical lines should be attributed, not to an obscure libeller, or a disappointed patriot, but to Ablavius, prime minister and favorite of the emperor. We may now perceive that the imprecations of the Roman people were dictated by humanity, as well as by superstition. Zosim. l. ii. p. 105.]
Chapter XVIII: Character Of Constantine And His Sons.
Part II.
By the death of Crispus, the inheritance of the empire seemed to devolve on the three sons of Fausta, who have been already mentioned under the names of Constantine, of Constantius, and of Constans. These young princes were successively invested with the title of Caesar; and the dates of their promotion may be referred to the tenth, the twentieth, and the thirtieth years of the reign of their father. ^29 This conduct, though it tended to multiply the future masters of the Roman world, might be excused by the partiality of paternal affection; but it is not so easy to understand the motives of the emperor, when he endangered the safety both of his family and of his people, by the unnecessary elevation of his two nephews, Dalmatius and Hannibalianus. The former was raised, by the title of Caesar, to an equality with his cousins. In favor of the latter, Constantine invented the new and singular appellation of Nobilissimus; ^30 to which he annexed the flattering distinction of a robe of purple and gold. But of the whole series of Roman princes in any age of the