[Footnote 109: Sextus Rufus (de Provinciis, c. 29) embraces a poor subterfuge of national vanity. Tanta reverentia nominis Romani fuit, ut a Persis primus de pace sermo haberetur. —-He is called Junius by John Malala; the same, M. St. Martin conjectures, with a satrap of Gordyene named Jovianus, or Jovinianus; mentioned in Ammianus Marcellinus, xviii. 6.—M.]

[Footnote 109a: The Persian historians couch the message of Shah-pour in these Oriental terms: "I have reassembled my numerous army. I am resolved to revenge my subjects, who have been plundered, made captives, and slain. It is for this that I have bared my arm, and girded my loins. If you consent to pay the price of the blood which has been shed, to deliver up the booty which has been plundered, and to restore the city of Nisibis, which is in Irak, and belongs to our empire, though now in your possession, I will sheathe the sword of war; but should you refuse these terms, the hoofs of my horse, which are hard as steel, shall efface the name of the Romans from the earth; and my glorious cimeter, that destroys like fire, shall exterminate the people of your empire." These authorities do not mention the death of Julian. Malcolm's Persia, i. 87.—M.]

[Footnote 109b: The Paschal chronicle, not, as M. St. Martin says, supported by John Malala, places the mission of this ambassador before the death of Julian. The king of Persia was then in Persarmenia, ignorant of the death of Julian; he only arrived at the army subsequent to that event. St. Martin adopts this view, and finds or extorts support for it, from Libanius and Ammianus, iii. 158.—M.]

[Footnote 110: It is presumptuous to controvert the opinion of Ammianus, a soldier and a spectator. Yet it is difficult to understand how the mountains of Corduene could extend over the plains of Assyria, as low as the conflux of the Tigris and the great Zab; or how an army of sixty thousand men could march one hundred miles in four days. Note: * Yet this appears to be the case (in modern maps: ) the march is the difficulty.—M.]

[Footnote 110a: Sapor availed himself, a few years after, of the dissolution of the alliance between the Romans and the Armenians. See St. M. iii. 163.—M.]

[Footnote 111: The treaty of Dura is recorded with grief or indignation by Ammianus, (xxv. 7,) Libanius, (Orat. Parent. c. 142, p. 364,) Zosimus, (l. iii. p. 190, 191,) Gregory Nazianzen, (Orat. iv. p. 117, 118, who imputes the distress to Julian, the deliverance to Jovian,) and Eutropius, (x. 17.) The last-mentioned writer, who was present in military station, styles this peace necessarium quidem sed ignoblem.]

The sophist of Antioch, who saw with indignation the sceptre of his hero in the feeble hand of a Christian successor, professes to admire the moderation of Sapor, in contenting himself with so small a portion of the Roman empire. If he had stretched as far as the Euphrates the claims of his ambition, he might have been secure, says Libanius, of not meeting with a refusal. If he had fixed, as the boundary of Persia, the Orontes, the Cydnus, the Sangarius, or even the Thracian Bosphorus, flatterers would not have been wanting in the court of Jovian to convince the timid monarch, that his remaining provinces would still afford the most ample gratifications of power and luxury. [112] Without adopting in its full force this malicious insinuation, we must acknowledge, that the conclusion of so ignominious a treaty was facilitated by the private ambition of Jovian. The obscure domestic, exalted to the throne by fortune, rather than by merit, was impatient to escape from the hands of the Persians, that he might prevent the designs of Procopius, who commanded the army of Mesopotamia, and establish his doubtful reign over the legions and provinces which were still ignorant of the hasty and tumultuous choice of the camp beyond the Tigris. [113] In the neighborhood of the same river, at no very considerable distance from the fatal station of Dura, [114] the ten thousand Greeks, without generals, or guides, or provisions, were abandoned, above twelve hundred miles from their native country, to the resentment of a victorious monarch. The difference of their conduct and success depended much more on their character than on their situation. Instead of tamely resigning themselves to the secret deliberations and private views of a single person, the united councils of the Greeks were inspired by the generous enthusiasm of a popular assembly; where the mind of each citizen is filled with the love of glory, the pride of freedom, and the contempt of death. Conscious of their superiority over the Barbarians in arms and discipline, they disdained to yield, they refused to capitulate: every obstacle was surmounted by their patience, courage, and military skill; and the memorable retreat of the ten thousand exposed and insulted the weakness of the Persian monarchy. [115]

[Footnote 112: Libanius, Orat. Parent. c. 143, p. 364, 365.]

[Footnote 113: Conditionibus..... dispendiosis Romanae reipublicae impositis.... quibus cupidior regni quam gloriae Jovianus, imperio rudis, adquievit. Sextus Rufus de Provinciis, c. 29. La Bleterie has expressed, in a long, direct oration, these specious considerations of public and private interest, (Hist. de Jovien, tom. i. p. 39, &c.)]

[Footnote 114: The generals were murdered on the bauks of the Zabatus, (Ana basis, l. ii. p. 156, l. iii. p. 226,) or great Zab, a river of Assyria, 400 feet broad, which falls into the Tigris fourteen hours below Mosul. The error of the Greeks bestowed on the greater and lesser Zab the names of the Walf, (Lycus,) and the Goat, (Capros.) They created these animals to attend the Tiger of the East.]

[Footnote 115: The Cyropoedia is vague and languid; the Anabasis circumstance and animated. Such is the eternal difference between fiction and truth.]

As the price of his disgraceful concessions, the emperor might perhaps have stipulated, that the camp of the hungry Romans should be plentifully supplied; [116] and that they should be permitted to pass the Tigris on the bridge which was constructed by the hands of the Persians. But, if Jovian presumed to solicit those equitable terms, they were sternly refused by the haughty tyrant of the East, whose clemency had pardoned the invaders of his country. The Saracens sometimes intercepted the stragglers of the march; but the generals and troops of Sapor respected the cessation of arms; and Jovian was suffered to explore the most convenient place for the passage of the river. The small vessels, which had been saved from the conflagration of the fleet, performed the most essential service. They first conveyed the emperor and his favorites; and afterwards transported, in many successive voyages, a great part of the army. But, as every man was anxious for his personal safety, and apprehensive of being left on the hostile shore, the soldiers, who were too impatient to wait the slow returns of the boats, boldly ventured themselves on light hurdles, or inflated skins; and, drawing after them their horses, attempted, with various success, to swim across the river. Many of these daring adventurers were swallowed by the waves; many others, who were carried along by the violence of the stream, fell an easy prey to the avarice or cruelty of the wild Arabs: and the loss which the army sustained in the passage of the Tigris, was not inferior to the carnage of a day of battle. As soon as the Romans were landed on the western bank, they were delivered from the hostile pursuit of the Barbarians; but, in a laborious march of two hundred miles over the plains of Mesopotamia, they endured the last extremities of thirst and hunger. They were obliged to traverse the sandy desert, which, in the extent of seventy miles, did not afford a single blade of sweet grass, nor a single spring of fresh water; and the rest of the inhospitable waste was untrod by the footsteps either of friends or enemies. Whenever a small measure of flour could be discovered in the camp, twenty pounds weight were greedily purchased with ten pieces of gold: [117] the beasts of burden were slaughtered and devoured; and the desert was strewed with the arms and baggage of the Roman soldiers, whose tattered garments and meagre countenances displayed their past sufferings and actual misery. A small convoy of provisions advanced to meet the army as far as the castle of Ur; and the supply was the more grateful, since it declared the fidelity of Sebastian and Procopius. At Thilsaphata, [118] the emperor most graciously received the generals of Mesopotamia; and the remains of a once flourishing army at length reposed themselves under the walls of Nisibis. The messengers of Jovian had already proclaimed, in the language of flattery, his election, his treaty, and his return; and the new prince had taken the most effectual measures to secure the allegiance of the armies and provinces of Europe, by placing the military command in the hands of those officers, who, from motives of interest, or inclination, would firmly support the cause of their benefactor. [119]

[Footnote 116: According to Rufinus, an immediate supply of provisions was stipulated by the treaty, and Theodoret affirms, that the obligation was faithfully discharged by the Persians. Such a fact is probable but undoubtedly false. See Tillemont, Hist. des Empereurs, tom. iv. p. 702.]

[Footnote 117: We may recollect some lines of Lucan, (Pharsal. iv. 95,) who describes a similar distress of Caesar's army in Spain:— ——Saeva fames aderat—Miles eget: toto censu non prodigus emit Exiguam Cererem. Proh lucri pallida tabes! Non deest prolato jejunus venditor auro. See Guichardt (Nouveaux Memoires Militaires, tom. i. p. 370-382.) His analysis of the two campaigns in Spain and Africa is the noblest monument that has ever been raised to the fame of Caesar.]

[Footnote 118: M. d'Anville (see his Maps, and l'Euphrate et le Tigre, p. 92, 93) traces their march, and assigns the true position of Hatra, Ur, and Thilsaphata, which Ammianus has mentioned. ——He does not complain of the Samiel, the deadly hot wind, which Thevenot (Voyages, part ii. l. i. p. 192) so much dreaded. ——Hatra, now Kadhr. Ur, Kasr or Skervidgi. Thilsaphata is unknown—M.]

[Footnote 119: The retreat of Jovian is described by Ammianus, (xxv. 9,) Libanius, (Orat. Parent. c. 143, p. 365,) and Zosimus, (l. iii. p. 194.)]

The friends of Julian had confidently announced the success of his expedition. They entertained a fond persuasion that the temples of the gods would be enriched with the spoils of the East; that Persia would be reduced to the humble state of a tributary province, governed by the laws and magistrates of Rome; that the Barbarians would adopt the dress, and manners, and language of their conquerors; and that the youth of Ecbatana and Susa would study the art of rhetoric under Grecian masters. [120] The progress of the arms of Julian interrupted his communication with the empire; and, from the moment that he passed the Tigris, his affectionate subjects were ignorant of the fate and fortunes of their prince. Their contemplation of fancied triumphs was disturbed by the melancholy rumor of his death; and they persisted to doubt, after they could no longer deny, the truth of that fatal event. [121] The messengers of Jovian promulgated the specious tale of a prudent and necessary peace; the voice of fame, louder and more sincere, revealed the disgrace of the emperor, and the conditions of the ignominious treaty. The minds of the people were filled with astonishment and grief, with indignation and terror, when they were informed, that the unworthy successor of Julian relinquished the five provinces which had been acquired by the victory of Galerius; and that he shamefully surrendered to the Barbarians the important city of Nisibis, the firmest bulwark of the provinces of the East. [122] The deep and dangerous question, how far the public faith should be observed, when it becomes incompatible with the public safety, was freely agitated in popular conversation; and some hopes were entertained that the emperor would redeem his pusillanimous behavior by a splendid act of patriotic perfidy. The inflexible spirit of the Roman senate had always disclaimed the unequal conditions which were extorted from the distress of their captive armies; and, if it were necessary to satisfy the national honor, by delivering the guilty general into the hands of the Barbarians, the greatest part of the subjects of Jovian would have cheerfully acquiesced in the precedent of ancient times. [123]

[Footnote 120: Libanius, (Orat. Parent. c. 145, p. 366.) Such were the natural hopes and wishes of a rhetorician.]

[Footnote 121: The people of Carrhae, a city devoted to Paganism, buried the inauspicious messenger under a pile of stones, (Zosimus, l. iii. p. 196.) Libanius, when he received the fatal intelligence, cast his eye on his sword; but he recollected that Plato had condemned suicide, and that he must live to compose the Panegyric of Julian, (Libanius de Vita sua, tom. ii. p. 45, 46.)]

[Footnote 122: Ammianus and Eutropius may be admitted as fair and credible witnesses of the public language and opinions. The people of Antioch reviled an ignominious peace, which exposed them to the Persians, on a naked and defenceless frontier, (Excerpt. Valesiana, p. 845, ex Johanne Antiocheno.)]

[Footnote 123: The Abbe de la Bleterie, (Hist. de Jovien, tom. i. p. 212-227.) though a severe casuist, has pronounced that Jovian was not bound to execute his promise; since he could not dismember the empire, nor alienate, without their consent, the allegiance of his people. I have never found much delight or instruction in such political metaphysics.]

But the emperor, whatever might be the limits of his constitutional authority, was the absolute master of the laws and arms of the state; and the same motives which had forced him to subscribe, now pressed him to execute, the treaty of peace. He was impatient to secure an empire at the expense of a few provinces; and the respectable names of religion and honor concealed the personal fears and ambition of Jovian. Notwithstanding the dutiful solicitations of the inhabitants, decency, as well as prudence, forbade the emperor to lodge in the palace of Nisibis; but the next morning after his arrival. Bineses, the ambassador of Persia, entered the place, displayed from the citadel the standard of the Great King, and proclaimed, in his name, the cruel alternative of exile or servitude. The principal citizens of Nisibis, who, till that fatal moment, had confided in the protection of their sovereign, threw themselves at his feet. They conjured him not to abandon, or, at least, not to deliver, a faithful colony to the rage of a Barbarian tyrant, exasperated by the three successive defeats which he had experienced under the walls of Nisibis. They still possessed arms and courage to repel the invaders of their country: they requested only the permission of using them in their own defence; and, as soon as they had asserted their independence, they should implore the favor of being again admitted into the ranks of his subjects. Their arguments, their eloquence, their tears, were ineffectual. Jovian alleged, with some confusion, the sanctity of oaths; and, as the reluctance with which he accepted the present of a crown of gold, convinced the citizens of their hopeless condition, the advocate Sylvanus was provoked to exclaim, "O emperor! may you thus be crowned by all the cities of your dominions!" Jovian, who in a few weeks had assumed the habits of a prince, [124] was displeased with freedom, and offended with truth: and as he reasonably supposed, that the discontent of the people might incline them to submit to the Persian government, he published an edict, under pain of death, that they should leave the city within the term of three days. Ammianus has delineated in lively colors the scene of universal despair, which he seems to have viewed with an eye of compassion. [125] The martial youth deserted, with indignant grief, the walls which they had so gloriously defended: the disconsolate mourner dropped a last tear over the tomb of a son or husband, which must soon be profaned by the rude hand of a Barbarian master; and the aged citizen kissed the threshold, and clung to the doors, of the house where he had passed the cheerful and careless hours of infancy. The highways were crowded with a trembling multitude: the distinctions of rank, and sex, and age, were lost in the general calamity. Every one strove to bear away some fragment from the wreck of his fortunes; and as they could not command the immediate service of an adequate number of horses or wagons, they were obliged to leave behind them the greatest part of their valuable effects. The savage insensibility of Jovian appears to have aggravated the hardships of these unhappy fugitives. They were seated, however, in a new-built quarter of Amida; and that rising city, with the reenforcement of a very considerable colony, soon recovered its former splendor, and became the capital of Mesopotamia. [126] Similar orders were despatched by the emperor for the evacuation of Singara and the castle of the Moors; and for the restitution of the five provinces beyond the Tigris. Sapor enjoyed the glory and the fruits of his victory; and this ignominious peace has justly been considered as a memorable aera in the decline and fall of the Roman empire. The predecessors of Jovian had sometimes relinquished the dominion of distant and unprofitable provinces; but, since the foundation of the city, the genius of Rome, the god Terminus, who guarded the boundaries of the republic, had never retired before the sword of a victorious enemy. [127]

[Footnote 124: At Nisibis he performed a royal act. A brave officer, his namesake, who had been thought worthy of the purple, was dragged from supper, thrown into a well, and stoned to death without any form of trial or evidence of guilt. Anomian. xxv. 8.]

[Footnote 125: See xxv. 9, and Zosimus, l. iii. p. 194, 195.]

[Footnote 126: Chron. Paschal. p. 300. The ecclesiastical Notitie may be consulted.]

[Footnote 127: Zosimus, l. iii. p. 192, 193. Sextus Rufus de Provinciis, c. 29. Augustin de Civitat. Dei, l. iv. c. 29. This general position must be applied and interpreted with some caution.]

After Jovian had performed those engagements which the voice of his people might have tempted him to violate, he hastened away from the scene of his disgrace, and proceeded with his whole court to enjoy the luxury of Antioch. [128] Without consulting the dictates of religious zeal, he was prompted, by humanity and gratitude, to bestow the last honors on the remains of his deceased sovereign: [129] and Procopius, who sincerely bewailed the loss of his kinsman, was removed from the command of the army, under the decent pretence of conducting the funeral. The corpse of Julian was transported from Nisibis to Tarsus, in a slow march of fifteen days; and, as it passed through the cities of the East, was saluted by the hostile factions, with mournful lamentations and clamorous insults. The Pagans already placed their beloved hero in the rank of those gods whose worship he had restored; while the invectives of the Christians pursued the soul of the Apostate to hell, and his body to the grave. [130] One party lamented the approaching ruin of their altars; the other celebrated the marvellous deliverance of their church. The Christians applauded, in lofty and ambiguous strains, the stroke of divine vengeance, which had been so long suspended over the guilty head of Julian. They acknowledge, that the death of the tyrant, at the instant he expired beyond the Tigris, was revealed to the saints of Egypt, Syria, and Cappadocia; [131] and instead of suffering him to fall by the Persian darts, their indiscretion ascribed the heroic deed to the obscure hand of some mortal or immortal champion of the faith. [132] Such imprudent declarations were eagerly adopted by the malice, or credulity, of their adversaries; [133] who darkly insinuated, or confidently asserted, that the governors of the church had instigated and directed the fanaticism of a domestic assassin. [134] Above sixteen years after the death of Julian, the charge was solemnly and vehemently urged, in a public oration, addressed by Libanius to the emperor Theodosius. His suspicions are unsupported by fact or argument; and we can only esteem the generous zeal of the sophist of Antioch for the cold and neglected ashes of his friend. [135]

[Footnote 128: Ammianus, xxv. 9. Zosimus, l. iii. p. 196. He might be edax, vino Venerique indulgens. But I agree with La Bleterie (tom. i. p. 148-154) in rejecting the foolish report of a Bacchanalian riot (ap. Suidam) celebrated at Antioch, by the emperor, his wife, and a troop of concubines.]

[Footnote 129: The Abbe de la Bleterie (tom. i. p. 156-209) handsomely exposes the brutal bigotry of Baronius, who would have thrown Julian to the dogs, ne cespititia quidem sepultura dignus.]

[Footnote 130: Compare the sophist and the saint, (Libanius, Monod. tom. ii. p. 251, and Orat. Parent. c. 145, p. 367, c. 156, p. 377, with Gregory Nazianzen, Orat. iv. p. 125-132.) The Christian orator faintly mutters some exhortations to modesty and forgiveness; but he is well satisfied, that the real sufferings of Julian will far exceed the fabulous torments of Ixion or Tantalus.]

[Footnote 131: Tillemont (Hist. des Empereurs, tom. iv. p. 549) has collected these visions. Some saint or angel was observed to be absent in the night, on a secret expedition, &c.]

[Footnote 132: Sozomen (l. vi. 2) applauds the Greek doctrine of tyrannicide; but the whole passage, which a Jesuit might have translated, is prudently suppressed by the president Cousin.]

[Footnote 133: Immediately after the death of Julian, an uncertain rumor was scattered, telo cecidisse Romano. It was carried, by some deserters to the Persian camp; and the Romans were reproached as the assassins of the emperor by Sapor and his subjects, (Ammian. xxv. 6. Libanius de ulciscenda Juliani nece, c. xiii. p. 162, 163.) It was urged, as a decisive proof, that no Persian had appeared to claim the promised reward, (Liban. Orat. Parent. c. 141, p. 363.) But the flying horseman, who darted the fatal javelin, might be ignorant of its effect; or he might be slain in the same action. Ammianus neither feels nor inspires a suspicion.]

[Footnote 134: This dark and ambiguous expression may point to Athanasius, the first, without a rival, of the Christian clergy, (Libanius de ulcis. Jul. nece, c. 5, p. 149. La Bleterie, Hist. de Jovien, tom. i. p. 179.)]

[Footnote 135: The orator (Fabricius, Bibliot. Graec. tom. vii. p. 145-179) scatters suspicions, demands an inquiry, and insinuates, that proofs might still be obtained. He ascribes the success of the Huns to the criminal neglect of revenging Julian's death.]

It was an ancient custom in the funerals, as well as in the triumphs, of the Romans, that the voice of praise should be corrected by that of satire and ridicule; and that, in the midst of the splendid pageants, which displayed the glory of the living or of the dead, their imperfections should not be concealed from the eyes of the world. [136] This custom was practised in the funeral of Julian. The comedians, who resented his contempt and aversion for the theatre, exhibited, with the applause of a Christian audience, the lively and exaggerated representation of the faults and follies of the deceased emperor. His various character and singular manners afforded an ample scope for pleasantry and ridicule. [137] In the exercise of his uncommon talents, he often descended below the majesty of his rank. Alexander was transformed into Diogenes; the philosopher was degraded into a priest. The purity of his virtue was sullied by excessive vanity; his superstition disturbed the peace, and endangered the safety, of a mighty empire; and his irregular sallies were the less entitled to indulgence, as they appeared to be the laborious efforts of art, or even of affectation. The remains of Julian were interred at Tarsus in Cilicia; but his stately tomb, which arose in that city, on the banks of the cold and limpid Cydnus, [138] was displeasing to the faithful friends, who loved and revered the memory of that extraordinary man. The philosopher expressed a very reasonable wish, that the disciple of Plato might have reposed amidst the groves of the academy; [139] while the soldier exclaimed, in bolder accents, that the ashes of Julian should have been mingled with those of Caesar, in the field of Mars, and among the ancient monuments of Roman virtue. [140] The history of princes does not very frequently renew the examples of a similar competition.

[Footnote 136: At the funeral of Vespasian, the comedian who personated that frugal emperor, anxiously inquired how much it cost. Fourscore thousand pounds, (centies.) Give me the tenth part of the sum, and throw my body into the Tiber. Sueton, in Vespasian, c. 19, with the notes of Casaubon and Gronovius.]

[Footnote 137: Gregory (Orat. iv. p. 119, 120) compares this supposed ignominy and ridicule to the funeral honors of Constantius, whose body was chanted over Mount Taurus by a choir of angels.]

[Footnote 138: Quintus Curtius, l. iii. c. 4. The luxuriancy of his descriptions has been often censured. Yet it was almost the duty of the historian to describe a river, whose waters had nearly proved fatal to Alexander.]

[Footnote 139: Libanius, Orat. Parent. c. 156, p. 377. Yet he acknowledges with gratitude the liberality of the two royal brothers in decorating the tomb of Julian, (de ulcis. Jul. nece, c. 7, p. 152.)]

[Footnote 140: Cujus suprema et cineres, si qui tunc juste consuleret, non Cydnus videre deberet, quamvis gratissimus amnis et liquidus: sed ad perpetuandam gloriam recte factorum praeterlambere Tiberis, intersecans urbem aeternam, divorumque veterum monumenta praestringens Ammian. xxv. 10.]



Chapter XXV: Reigns Of Jovian And Valentinian, Division Of The Empire.—Part I.

The Government And Death Of Jovian.—Election Of Valentinian, Who Associates His Brother Valens, And Makes The Final Division Of The Eastern And Western Empires.—Revolt Of Procopius.—Civil And Ecclesiastical Administration.—Germany. —Britain.—Africa.—The East.—The Danube.—Death Of Valentinian.—His Two Sons, Gratian And Valentinian II., Succeed To The Western Empire.

The death of Julian had left the public affairs of the empire in a very doubtful and dangerous situation. The Roman army was saved by an inglorious, perhaps a necessary treaty; [1] and the first moments of peace were consecrated by the pious Jovian to restore the domestic tranquility of the church and state. The indiscretion of his predecessor, instead of reconciling, had artfully fomented the religious war: and the balance which he affected to preserve between the hostile factions, served only to perpetuate the contest, by the vicissitudes of hope and fear, by the rival claims of ancient possession and actual favor. The Christians had forgotten the spirit of the gospel; and the Pagans had imbibed the spirit of the church. In private families, the sentiments of nature were extinguished by the blind fury of zeal and revenge: the majesty of the laws was violated or abused; the cities of the East were stained with blood; and the most implacable enemies of the Romans were in the bosom of their country. Jovian was educated in the profession of Christianity; and as he marched from Nisibis to Antioch, the banner of the Cross, the Labarum of Constantine, which was again displayed at the head of the legions, announced to the people the faith of their new emperor. As soon as he ascended the throne, he transmitted a circular epistle to all the governors of provinces; in which he confessed the divine truth, and secured the legal establishment, of the Christian religion. The insidious edicts of Julian were abolished; the ecclesiastical immunities were restored and enlarged; and Jovian condescended to lament, that the distress of the times obliged him to diminish the measure of charitable distributions. [2] The Christians were unanimous in the loud and sincere applause which they bestowed on the pious successor of Julian. But they were still ignorant what creed, or what synod, he would choose for the standard of orthodoxy; and the peace of the church immediately revived those eager disputes which had been suspended during the season of persecution. The episcopal leaders of the contending sects, convinced, from experience, how much their fate would depend on the earliest impressions that were made on the mind of an untutored soldier, hastened to the court of Edessa, or Antioch. The highways of the East were crowded with Homoousian, and Arian, and Semi-Arian, and Eunomian bishops, who struggled to outstrip each other in the holy race: the apartments of the palace resounded with their clamors; and the ears of the prince were assaulted, and perhaps astonished, by the singular mixture of metaphysical argument and passionate invective. [3] The moderation of Jovian, who recommended concord and charity, and referred the disputants to the sentence of a future council, was interpreted as a symptom of indifference: but his attachment to the Nicene creed was at length discovered and declared, by the reverence which he expressed for the celestial [4] virtues of the great Athanasius. The intrepid veteran of the faith, at the age of seventy, had issued from his retreat on the first intelligence of the tyrant's death. The acclamations of the people seated him once more on the archiepiscopal throne; and he wisely accepted, or anticipated, the invitation of Jovian. The venerable figure of Athanasius, his calm courage, and insinuating eloquence, sustained the reputation which he had already acquired in the courts of four successive princes. [5] As soon as he had gained the confidence, and secured the faith, of the Christian emperor, he returned in triumph to his diocese, and continued, with mature counsels and undiminished vigor, to direct, ten years longer, [6] the ecclesiastical government of Alexandria, Egypt, and the Catholic church. Before his departure from Antioch, he assured Jovian that his orthodox devotion would be rewarded with a long and peaceful reign. Athanasius, had reason to hope, that he should be allowed either the merit of a successful prediction, or the excuse of a grateful though ineffectual prayer. [7]

[Footnote 1: The medals of Jovian adorn him with victories, laurel crowns, and prostrate captives. Ducange, Famil. Byzantin. p. 52. Flattery is a foolish suicide; she destroys herself with her own hands.]

[Footnote 2: Jovian restored to the church a forcible and comprehensive expression, (Philostorgius, l. viii. c. 5, with Godefroy's Dissertations, p. 329. Sozomen, l. vi. c. 3.) The new law which condemned the rape or marriage of nuns (Cod. Theod. l. ix. tit. xxv. leg. 2) is exaggerated by Sozomen; who supposes, that an amorous glance, the adultery of the heart, was punished with death by the evangelic legislator.]

[Footnote 3: Compare Socrates, l. iii. c. 25, and Philostorgius, l. viii. c. 6, with Godefroy's Dissertations, p. 330.]

[Footnote 4: The word celestial faintly expresses the impious and extravagant flattery of the emperor to the archbishop. (See the original epistle in Athanasius, tom. ii. p. 33.) Gregory Nazianzen (Orat. xxi. p. 392) celebrates the friendship of Jovian and Athanasius. The primate's journey was advised by the Egyptian monks, (Tillemont, Mem. Eccles. tom. viii. p. 221.)]

[Footnote 5: Athanasius, at the court of Antioch, is agreeably represented by La Bleterie, (Hist. de Jovien, tom. i. p. 121-148;) he translates the singular and original conferences of the emperor, the primate of Egypt, and the Arian deputies. The Abbe is not satisfied with the coarse pleasantry of Jovian; but his partiality for Athanasius assumes, in his eyes, the character of justice.]

[Footnote 6: The true area of his death is perplexed with some difficulties, (Tillemont, Mem. Eccles. tom. viii. p. 719-723.) But the date (A. D. 373, May 2) which seems the most consistent with history and reason, is ratified by his authentic life, (Maffei Osservazioni Letterarie, tom. iii. p. 81.)]

[Footnote 7: See the observations of Valesius and Jortin (Remarks on Ecclesiastical History, vol. iv. p. 38) on the original letter of Athanasius; which is preserved by Theodoret, (l. iv. c. 3.) In some Mss. this indiscreet promise is omitted; perhaps by the Catholics, jealous of the prophetic fame of their leader.]

The slightest force, when it is applied to assist and guide the natural descent of its object, operates with irresistible weight; and Jovian had the good fortune to embrace the religious opinions which were supported by the spirit of the times, and the zeal and numbers of the most powerful sect. [8] Under his reign, Christianity obtained an easy and lasting victory; and as soon as the smile of royal patronage was withdrawn, the genius of Paganism, which had been fondly raised and cherished by the arts of Julian, sunk irrecoverably in the. In many cities, the temples were shut or deserted: the philosophers who had abused their transient favor, thought it prudent to shave their beards, and disguise their profession; and the Christians rejoiced, that they were now in a condition to forgive, or to revenge, the injuries which they had suffered under the preceding reign. [9] The consternation of the Pagan world was dispelled by a wise and gracious edict of toleration; in which Jovian explicitly declared, that although he should severely punish the sacrilegious rites of magic, his subjects might exercise, with freedom and safety, the ceremonies of the ancient worship. The memory of this law has been preserved by the orator Themistius, who was deputed by the senate of Constantinople to express their royal devotion for the new emperor. Themistius expatiates on the clemency of the Divine Nature, the facility of human error, the rights of conscience, and the independence of the mind; and, with some eloquence, inculcates the principles of philosophical toleration; whose aid Superstition herself, in the hour of her distress, is not ashamed to implore. He justly observes, that in the recent changes, both religions had been alternately disgraced by the seeming acquisition of worthless proselytes, of those votaries of the reigning purple, who could pass, without a reason, and without a blush, from the church to the temple, and from the altars of Jupiter to the sacred table of the Christians. [10]

[Footnote 8: Athanasius (apud Theodoret, l. iv. c. 3) magnifies the number of the orthodox, who composed the whole world. This assertion was verified in the space of thirty and forty years.]

[Footnote 9: Socrates, l. iii. c. 24. Gregory Nazianzen (Orat. iv. p. 131) and Libanius (Orat. Parentalis, c. 148, p. 369) expresses the living sentiments of their respective factions.]

[Footnote 10: Themistius, Orat. v. p. 63-71, edit. Harduin, Paris, 1684. The Abbe de la Bleterie judiciously remarks, (Hist. de Jovien, tom. i. p. 199,) that Sozomen has forgot the general toleration; and Themistius the establishment of the Catholic religion. Each of them turned away from the object which he disliked, and wished to suppress the part of the edict the least honorable, in his opinion, to the emperor.]

In the space of seven months, the Roman troops, who were now returned to Antioch, had performed a march of fifteen hundred miles; in which they had endured all the hardships of war, of famine, and of climate. Notwithstanding their services, their fatigues, and the approach of winter, the timid and impatient Jovian allowed only, to the men and horses, a respite of six weeks. The emperor could not sustain the indiscreet and malicious raillery of the people of Antioch. [11] He was impatient to possess the palace of Constantinople; and to prevent the ambition of some competitor, who might occupy the vacant allegiance of Europe. But he soon received the grateful intelligence, that his authority was acknowledged from the Thracian Bosphorus to the Atlantic Ocean. By the first letters which he despatched from the camp of Mesopotamia, he had delegated the military command of Gaul and Illyricum to Malarich, a brave and faithful officer of the nation of the Franks; and to his father-in-law, Count Lucillian, who had formerly distinguished his courage and conduct in the defence of Nisibis. Malarich had declined an office to which he thought himself unequal; and Lucillian was massacred at Rheims, in an accidental mutiny of the Batavian cohorts. [12] But the moderation of Jovinus, master-general of the cavalry, who forgave the intention of his disgrace, soon appeased the tumult, and confirmed the uncertain minds of the soldiers. The oath of fidelity was administered and taken, with loyal acclamations; and the deputies of the Western armies [13] saluted their new sovereign as he descended from Mount Taurus to the city of Tyana in Cappadocia. From Tyana he continued his hasty march to Ancyra, capital of the province of Galatia; where Jovian assumed, with his infant son, the name and ensigns of the consulship. [14] Dadastana, [15] an obscure town, almost at an equal distance between Ancyra and Nice, was marked for the fatal term of his journey and life. After indulging himself with a plentiful, perhaps an intemperate, supper, he retired to rest; and the next morning the emperor Jovian was found dead in his bed. The cause of this sudden death was variously understood. By some it was ascribed to the consequences of an indigestion, occasioned either by the quantity of the wine, or the quality of the mushrooms, which he had swallowed in the evening. According to others, he was suffocated in his sleep by the vapor of charcoal, which extracted from the walls of the apartment the unwholesome moisture of the fresh plaster. [16] But the want of a regular inquiry into the death of a prince, whose reign and person were soon forgotten, appears to have been the only circumstance which countenanced the malicious whispers of poison and domestic guilt. [17] The body of Jovian was sent to Constantinople, to be interred with his predecessors, and the sad procession was met on the road by his wife Charito, the daughter of Count Lucillian; who still wept the recent death of her father, and was hastening to dry her tears in the embraces of an Imperial husband. Her disappointment and grief were imbittered by the anxiety of maternal tenderness. Six weeks before the death of Jovian, his infant son had been placed in the curule chair, adorned with the title of Nobilissimus, and the vain ensigns of the consulship. Unconscious of his fortune, the royal youth, who, from his grandfather, assumed the name of Varronian, was reminded only by the jealousy of the government, that he was the son of an emperor. Sixteen years afterwards he was still alive, but he had already been deprived of an eye; and his afflicted mother expected every hour, that the innocent victim would be torn from her arms, to appease, with his blood, the suspicions of the reigning prince. [18]

[Footnote 11: Johan. Antiochen. in Excerpt. Valesian. p. 845. The libels of Antioch may be admitted on very slight evidence.]

[Footnote 12: Compare Ammianus, (xxv. 10,) who omits the name of the Batarians, with Zosimus, (l. iii. p. 197,) who removes the scene of action from Rheims to Sirmium.]

[Footnote 13: Quos capita scholarum ordo castrensis appellat. Ammian. xxv. 10, and Vales. ad locum.]

[Footnote 14: Cugus vagitus, pertinaciter reluctantis, ne in curuli sella veheretur ex more, id quod mox accidit protendebat. Augustus and his successors respectfully solicited a dispensation of age for the sons or nephews whom they raised to the consulship. But the curule chair of the first Brutus had never been dishonored by an infant.]

[Footnote 15: The Itinerary of Antoninus fixes Dadastana 125 Roman miles from Nice; 117 from Ancyra, (Wesseling, Itinerar. p. 142.) The pilgrim of Bourdeaux, by omitting some stages, reduces the whole space from 242 to 181 miles. Wesseling, p. 574. * Note: Dadastana is supposed to be Castabat.—M.]

[Footnote 16: See Ammianus, (xxv. 10,) Eutropius, (x. 18.) who might likewise be present, Jerom, (tom. i. p. 26, ad Heliodorum.) Orosius, (vii. 31,) Sozomen, (l. vi. c. 6,) Zosimus, (l. iii. p. 197, 198,) and Zonaras, (tom. ii. l. xiii. p. 28, 29.) We cannot expect a perfect agreement, and we shall not discuss minute differences.]

[Footnote 17: Ammianus, unmindful of his usual candor and good sense, compares the death of the harmless Jovian to that of the second Africanus, who had excited the fears and resentment of the popular faction.]

[Footnote 18: Chrysostom, tom. i. p. 336, 344, edit. Montfaucon. The Christian orator attempts to comfort a widow by the examples of illustrious misfortunes; and observes, that of nine emperors (including the Caesar Gallus) who had reigned in his time, only two (Constantine and Constantius) died a natural death. Such vague consolations have never wiped away a single tear.]

After the death of Jovian, the throne of the Roman world remained ten days, [19] without a master. The ministers and generals still continued to meet in council; to exercise their respective functions; to maintain the public order; and peaceably to conduct the army to the city of Nice in Bithynia, which was chosen for the place of the election. [20] In a solemn assembly of the civil and military powers of the empire, the diadem was again unanimously offered to the praefect Sallust. He enjoyed the glory of a second refusal: and when the virtues of the father were alleged in favor of his son, the praefect, with the firmness of a disinterested patriot, declared to the electors, that the feeble age of the one, and the unexperienced youth of the other, were equally incapable of the laborious duties of government. Several candidates were proposed; and, after weighing the objections of character or situation, they were successively rejected; but, as soon as the name of Valentinian was pronounced, the merit of that officer united the suffrages of the whole assembly, and obtained the sincere approbation of Sallust himself. Valentinian [21] was the son of Count Gratian, a native of Cibalis, in Pannonia, who from an obscure condition had raised himself, by matchless strength and dexterity, to the military commands of Africa and Britain; from which he retired with an ample fortune and suspicious integrity. The rank and services of Gratian contributed, however, to smooth the first steps of the promotion of his son; and afforded him an early opportunity of displaying those solid and useful qualifications, which raised his character above the ordinary level of his fellow-soldiers. The person of Valentinian was tall, graceful, and majestic. His manly countenance, deeply marked with the impression of sense and spirit, inspired his friends with awe, and his enemies with fear; and to second the efforts of his undaunted courage, the son of Gratian had inherited the advantages of a strong and healthy constitution. By the habits of chastity and temperance, which restrain the appetites and invigorate the faculties, Valentinian preserved his own and the public esteem. The avocations of a military life had diverted his youth from the elegant pursuits of literature; [21a] he was ignorant of the Greek language, and the arts of rhetoric; but as the mind of the orator was never disconcerted by timid perplexity, he was able, as often as the occasion prompted him, to deliver his decided sentiments with bold and ready elocution. The laws of martial discipline were the only laws that he had studied; and he was soon distinguished by the laborious diligence, and inflexible severity, with which he discharged and enforced the duties of the camp. In the time of Julian he provoked the danger of disgrace, by the contempt which he publicly expressed for the reigning religion; [22] and it should seem, from his subsequent conduct, that the indiscreet and unseasonable freedom of Valentinian was the effect of military spirit, rather than of Christian zeal. He was pardoned, however, and still employed by a prince who esteemed his merit; [23] and in the various events of the Persian war, he improved the reputation which he had already acquired on the banks of the Rhine. The celerity and success with which he executed an important commission, recommended him to the favor of Jovian; and to the honorable command of the second school, or company, of Targetiers, of the domestic guards. In the march from Antioch, he had reached his quarters at Ancyra, when he was unexpectedly summoned, without guilt and without intrigue, to assume, in the forty-third year of his age, the absolute government of the Roman empire.

[Footnote 19: Ten days appear scarcely sufficient for the march and election. But it may be observed, 1. That the generals might command the expeditious use of the public posts for themselves, their attendants, and messengers. 2. That the troops, for the ease of the cities, marched in many divisions; and that the head of the column might arrive at Nice, when the rear halted at Ancyra.]

[Footnote 20: Ammianus, xxvi. 1. Zosimus, l. iii. p. 198. Philostorgius, l. viii. c. 8, and Godefroy, Dissertat. p. 334. Philostorgius, who appears to have obtained some curious and authentic intelligence, ascribes the choice of Valentinian to the praefect Sallust, the master-general Arintheus, Dagalaiphus count of the domestics, and the patrician Datianus, whose pressing recommendations from Ancyra had a weighty influence in the election.]

[Footnote 21: Ammianus (xxx. 7, 9) and the younger Victor have furnished the portrait of Valentinian, which naturally precedes and illustrates the history of his reign. * Note: Symmachus, in a fragment of an oration published by M. Mai, describes Valentinian as born among the snows of Illyria, and habituated to military labor amid the heat and dust of Libya: genitus in frigoribus, educatus is solibus Sym. Orat. Frag. edit. Niebuhr, p. 5.—M.]

[Footnote 21a: According to Ammianus, he wrote elegantly, and was skilled in painting and modelling. Scribens decore, venusteque pingens et fingens. xxx. 7.—M.]

[Footnote 22: At Antioch, where he was obliged to attend the emperor to the table, he struck a priest, who had presumed to purify him with lustral water, (Sozomen, l. vi. c. 6. Theodoret, l. iii. c. 15.) Such public defiance might become Valentinian; but it could leave no room for the unworthy delation of the philosopher Maximus, which supposes some more private offence, (Zosimus, l. iv. p. 200, 201.)]

[Footnote 23: Socrates, l. iv. A previous exile to Melitene, or Thebais (the first might be possible,) is interposed by Sozomen (l. vi. c. 6) and Philostorgius, (l. vii. c. 7, with Godefroy's Dissertations, p. 293.)]

The invitation of the ministers and generals at Nice was of little moment, unless it were confirmed by the voice of the army.

The aged Sallust, who had long observed the irregular fluctuations of popular assemblies, proposed, under pain of death, that none of those persons, whose rank in the service might excite a party in their favor, should appear in public on the day of the inauguration. Yet such was the prevalence of ancient superstition, that a whole day was voluntarily added to this dangerous interval, because it happened to be the intercalation of the Bissextile. [24] At length, when the hour was supposed to be propitious, Valentinian showed himself from a lofty tribunal; the judicious choice was applauded; and the new prince was solemnly invested with the diadem and the purple, amidst the acclamation of the troops, who were disposed in martial order round the tribunal. But when he stretched forth his hand to address the armed multitude, a busy whisper was accidentally started in the ranks, and insensibly swelled into a loud and imperious clamor, that he should name, without delay, a colleague in the empire. The intrepid calmness of Valentinian obtained silence, and commanded respect; and he thus addressed the assembly: "A few minutes since it was in your power, fellow-soldiers, to have left me in the obscurity of a private station. Judging, from the testimony of my past life, that I deserved to reign, you have placed me on the throne. It is now my duty to consult the safety and interest of the republic. The weight of the universe is undoubtedly too great for the hands of a feeble mortal. I am conscious of the limits of my abilities, and the uncertainty of my life; and far from declining, I am anxious to solicit, the assistance of a worthy colleague. But, where discord may be fatal, the choice of a faithful friend requires mature and serious deliberation. That deliberation shall be my care. Let your conduct be dutiful and consistent. Retire to your quarters; refresh your minds and bodies; and expect the accustomed donative on the accession of a new emperor." [25] The astonished troops, with a mixture of pride, of satisfaction, and of terror, confessed the voice of their master.

Their angry clamors subsided into silent reverence; and Valentinian, encompassed with the eagles of the legions, and the various banners of the cavalry and infantry, was conducted, in warlike pomp, to the palace of Nice. As he was sensible, however, of the importance of preventing some rash declaration of the soldiers, he consulted the assembly of the chiefs; and their real sentiments were concisely expressed by the generous freedom of Dagalaiphus. "Most excellent prince," said that officer, "if you consider only your family, you have a brother; if you love the republic, look round for the most deserving of the Romans." [26] The emperor, who suppressed his displeasure, without altering his intention, slowly proceeded from Nice to Nicomedia and Constantinople. In one of the suburbs of that capital, [27] thirty days after his own elevation, he bestowed the title of Augustus on his brother Valens; [27a] and as the boldest patriots were convinced, that their opposition, without being serviceable to their country, would be fatal to themselves, the declaration of his absolute will was received with silent submission. Valens was now in the thirty-sixth year of his age; but his abilities had never been exercised in any employment, military or civil; and his character had not inspired the world with any sanguine expectations. He possessed, however, one quality, which recommended him to Valentinian, and preserved the domestic peace of the empire; devout and grateful attachment to his benefactor, whose superiority of genius, as well as of authority, Valens humbly and cheerfully acknowledged in every action of his life. [28]

[Footnote 24: Ammianus, in a long, because unseasonable, digression, (xxvi. l, and Valesius, ad locum,) rashly supposes that he understands an astronomical question, of which his readers are ignorant. It is treated with more judgment and propriety by Censorinus (de Die Natali, c. 20) and Macrobius, (Saturnal. i. c. 12-16.) The appellation of Bissextile, which marks the inauspicious year, (Augustin. ad Januarium, Epist. 119,) is derived from the repetition of the sixth day of the calends of March.]

[Footnote 25: Valentinian's first speech is in Ammianus, (xxvi. 2;) concise and sententious in Philostorgius, (l. viii. c. 8.)]

[Footnote 26: Si tuos amas, Imperator optime, habes fratrem; si Rempublicam quaere quem vestias. Ammian. xxvi. 4. In the division of the empire, Valentinian retained that sincere counsellor for himself, (c.6.)]

[Footnote 27: In suburbano, Ammian. xxvi. 4. The famous Hebdomon, or field of Mars, was distant from Constantinople either seven stadia, or seven miles. See Valesius, and his brother, ad loc., and Ducange, Const. l. ii. p. 140, 141, 172, 173.]

[Footnote 27a: Symmachus praises the liberality of Valentinian in raising his brother at once to the rank of Augustus, not training him through the slow and probationary degree of Caesar. Exigui animi vices munerum partiuntur, liberalitas desideriis nihil reliquit. Symm. Orat. p. 7. edit. Niebuhr, 1816, reprinted from Mai.—M.]

[Footnote 28: Participem quidem legitimum potestatis; sed in modum apparitoris morigerum, ut progrediens aperiet textus. Ammian. xxvi. 4.]



Chapter XXV: Reigns Of Jovian And Valentinian, Division Of The Empire.—Part II.

Before Valentinian divided the provinces, he reformed the administration of the empire. All ranks of subjects, who had been injured or oppressed under the reign of Julian, were invited to support their public accusations. The silence of mankind attested the spotless integrity of the praefect Sallust; [29] and his own pressing solicitations, that he might be permitted to retire from the business of the state, were rejected by Valentinian with the most honorable expressions of friendship and esteem. But among the favorites of the late emperor, there were many who had abused his credulity or superstition; and who could no longer hope to be protected either by favor or justice. [30] The greater part of the ministers of the palace, and the governors of the provinces, were removed from their respective stations; yet the eminent merit of some officers was distinguished from the obnoxious crowd; and, notwithstanding the opposite clamors of zeal and resentment, the whole proceedings of this delicate inquiry appear to have been conducted with a reasonable share of wisdom and moderation. [31] The festivity of a new reign received a short and suspicious interruption from the sudden illness of the two princes; but as soon as their health was restored, they left Constantinople in the beginning of the spring. In the castle, or palace, of Mediana, only three miles from Naissus, they executed the solemn and final division of the Roman empire. [32] Valentinian bestowed on his brother the rich praefecture of the East, from the Lower Danube to the confines of Persia; whilst he reserved for his immediate government the warlike [3a] praefectures of Illyricum, Italy, and Gaul, from the extremity of Greece to the Caledonian rampart, and from the rampart of Caledonia to the foot of Mount Atlas. The provincial administration remained on its former basis; but a double supply of generals and magistrates was required for two councils, and two courts: the division was made with a just regard to their peculiar merit and situation, and seven master-generals were soon created, either of the cavalry or infantry. When this important business had been amicably transacted, Valentinian and Valens embraced for the last time. The emperor of the West established his temporary residence at Milan; and the emperor of the East returned to Constantinople, to assume the dominion of fifty provinces, of whose language he was totally ignorant. [33]

[Footnote 29: Notwithstanding the evidence of Zonaras, Suidas, and the Paschal Chronicle, M. de Tillemont (Hist. des Empereurs, tom. v. p. 671) wishes to disbelieve those stories, si avantageuses a un payen.]

[Footnote 30: Eunapius celebrates and exaggerates the sufferings of Maximus. (p. 82, 83;) yet he allows that the sophist or magician, the guilty favorite of Julian, and the personal enemy of Valentinian, was dismissed on the payment of a small fine.]

[Footnote 31: The loose assertions of a general disgrace (Zosimus, l. iv. p. 201), are detected and refuted by Tillemont, (tom. v. p. 21.)]

[Footnote 32: Ammianus, xxvi. 5.]

[Footnote 32a: Ipae supra impacati Rhen semibarbaras ripas raptim vexilla constituens * * Princeps creatus ad difficilem militiam revertisti. Symm. Orat. 81.—M.]

[Footnote 33: Ammianus says, in general terms, subagrestis ingenii, nec bellicis nec liberalibus studiis eruditus. Ammian. xxxi. 14. The orator Themistius, with the genuine impertinence of a Greek, wishes for the first time to speak the Latin language, the dialect of his sovereign. Orat. vi. p. 71.]

The tranquility of the East was soon disturbed by rebellion; and the throne of Valens was threatened by the daring attempts of a rival whose affinity to the emperor Julian [34] was his sole merit, and had been his only crime. Procopius had been hastily promoted from the obscure station of a tribune, and a notary, to the joint command of the army of Mesopotamia; the public opinion already named him as the successor of a prince who was destitute of natural heirs; and a vain rumor was propagated by his friends, or his enemies, that Julian, before the altar of the Moon at Carrhae, had privately invested Procopius with the Imperial purple. [35] He endeavored, by his dutiful and submissive behavior, to disarm the jealousy of Jovian; resigned, without a contest, his military command; and retired, with his wife and family, to cultivate the ample patrimony which he possessed in the province of Cappadocia. These useful and innocent occupations were interrupted by the appearance of an officer with a band of soldiers, who, in the name of his new sovereigns, Valentinian and Valens, was despatched to conduct the unfortunate Procopius either to a perpetual prison or an ignominious death. His presence of mind procured him a longer respite, and a more splendid fate. Without presuming to dispute the royal mandate, he requested the indulgence of a few moments to embrace his weeping family; and while the vigilance of his guards was relaxed by a plentiful entertainment, he dexterously escaped to the sea-coast of the Euxine, from whence he passed over to the country of Bosphorus. In that sequestered region he remained many months, exposed to the hardships of exile, of solitude, and of want; his melancholy temper brooding over his misfortunes, and his mind agitated by the just apprehension, that, if any accident should discover his name, the faithless Barbarians would violate, without much scruple, the laws of hospitality. In a moment of impatience and despair, Procopius embarked in a merchant vessel, which made sail for Constantinople; and boldly aspired to the rank of a sovereign, because he was not allowed to enjoy the security of a subject. At first he lurked in the villages of Bithynia, continually changing his habitation and his disguise. [36] By degrees he ventured into the capital, trusted his life and fortune to the fidelity of two friends, a senator and a eunuch, and conceived some hopes of success, from the intelligence which he obtained of the actual state of public affairs. The body of the people was infected with a spirit of discontent: they regretted the justice and the abilities of Sallust, who had been imprudently dismissed from the praefecture of the East. They despised the character of Valens, which was rude without vigor, and feeble without mildness. They dreaded the influence of his father-in-law, the patrician Petronius, a cruel and rapacious minister, who rigorously exacted all the arrears of tribute that might remain unpaid since the reign of the emperor Aurelian. The circumstances were propitious to the designs of a usurper. The hostile measures of the Persians required the presence of Valens in Syria: from the Danube to the Euphrates the troops were in motion; and the capital was occasionally filled with the soldiers who passed or repassed the Thracian Bosphorus. Two cohorts of Gaul were persuaded to listen to the secret proposals of the conspirators; which were recommended by the promise of a liberal donative; and, as they still revered the memory of Julian, they easily consented to support the hereditary claim of his proscribed kinsman. At the dawn of day they were drawn up near the baths of Anastasia; and Procopius, clothed in a purple garment, more suitable to a player than to a monarch, appeared, as if he rose from the dead, in the midst of Constantinople. The soldiers, who were prepared for his reception, saluted their trembling prince with shouts of joy and vows of fidelity. Their numbers were soon increased by a band of sturdy peasants, collected from the adjacent country; and Procopius, shielded by the arms of his adherents, was successively conducted to the tribunal, the senate, and the palace. During the first moments of his tumultuous reign, he was astonished and terrified by the gloomy silence of the people; who were either ignorant of the cause, or apprehensive of the event. But his military strength was superior to any actual resistance: the malecontents flocked to the standard of rebellion; the poor were excited by the hopes, and the rich were intimidated by the fear, of a general pillage; and the obstinate credulity of the multitude was once more deceived by the promised advantages of a revolution. The magistrates were seized; the prisons and arsenals broke open; the gates, and the entrance of the harbor, were diligently occupied; and, in a few hours, Procopius became the absolute, though precarious, master of the Imperial city. [36a] The usurper improved this unexpected success with some degree of courage and dexterity. He artfully propagated the rumors and opinions the most favorable to his interest; while he deluded the populace by giving audience to the frequent, but imaginary, ambassadors of distant nations. The large bodies of troops stationed in the cities of Thrace and the fortresses of the Lower Danube, were gradually involved in the guilt of rebellion: and the Gothic princes consented to supply the sovereign of Constantinople with the formidable strength of several thousand auxiliaries. His generals passed the Bosphorus, and subdued, without an effort, the unarmed, but wealthy provinces of Bithynia and Asia. After an honorable defence, the city and island of Cyzicus yielded to his power; the renowned legions of the Jovians and Herculeans embraced the cause of the usurper, whom they were ordered to crush; and, as the veterans were continually augmented with new levies, he soon appeared at the head of an army, whose valor, as well as numbers, were not unequal to the greatness of the contest. The son of Hormisdas, [37] a youth of spirit and ability, condescended to draw his sword against the lawful emperor of the East; and the Persian prince was immediately invested with the ancient and extraordinary powers of a Roman Proconsul. The alliance of Faustina, the widow of the emperor Constantius, who intrusted herself and her daughter to the hands of the usurper, added dignity and reputation to his cause. The princess Constantia, who was then about five years of age, accompanied, in a litter, the march of the army. She was shown to the multitude in the arms of her adopted father; and, as often as she passed through the ranks, the tenderness of the soldiers was inflamed into martial fury: [38] they recollected the glories of the house of Constantine, and they declared, with loyal acclamation, that they would shed the last drop of their blood in the defence of the royal infant. [39]

[Footnote 34: The uncertain degree of alliance, or consanguinity, is expressed by the words, cognatus, consobrinus, (see Valesius ad Ammian. xxiii. 3.) The mother of Procopius might be a sister of Basilina and Count Julian, the mother and uncle of the Apostate. Ducange, Fam. Byzantin. p. 49.]

[Footnote 35: Ammian. xxiii. 3, xxvi. 6. He mentions the report with much hesitation: susurravit obscurior fama; nemo enim dicti auctor exstitit verus. It serves, however, to remark, that Procopius was a Pagan. Yet his religion does not appear to have promoted, or obstructed, his pretensions.]

[Footnote 36: One of his retreats was a country-house of Eunomius, the heretic. The master was absent, innocent, ignorant; yet he narrowly escaped a sentence of death, and was banished into the remote parts of Mauritania, (Philostorg. l. ix. c. 5, 8, and Godefroy's Dissert. p. 369-378.)]

[Footnote 36a: It may be suspected, from a fragment of Eunapius, that the heathen and philosophic party espoused the cause of Procopius. Heraclius, the Cynic, a man who had been honored by a philosophic controversy with Julian, striking the ground with his staff, incited him to courage with the line of Homer Eunapius. Mai, p. 207 or in Niebuhr's edition, p. 73.—M.]

[Footnote 37: Hormisdae maturo juveni Hormisdae regalis illius filio, potestatem Proconsulis detulit; et civilia, more veterum, et bella, recturo. Ammian. xxvi. 8. The Persian prince escaped with honor and safety, and was afterwards (A. D. 380) restored to the same extraordinary office of proconsul of Bithynia, (Tillemont, Hist. des Empereurs, tom. v. p. 204) I am ignorant whether the race of Sassan was propagated. I find (A. D. 514) a pope Hormisdas; but he was a native of Frusino, in Italy, (Pagi Brev. Pontific. tom. i. p. 247)]

[Footnote 38: The infant rebel was afterwards the wife of the emperor Gratian but she died young, and childless. See Ducange, Fam. Byzantin. p. 48, 59.]

[Footnote 39: Sequimini culminis summi prosapiam, was the language of Procopius, who affected to despise the obscure birth, and fortuitous election of the upstart Pannonian. Ammian. xxvi. 7.]

In the mean while Valentinian was alarmed and perplexed by the doubtful intelligence of the revolt of the East. [39a] The difficulties of a German was forced him to confine his immediate care to the safety of his own dominions; and, as every channel of communication was stopped or corrupted, he listened, with doubtful anxiety, to the rumors which were industriously spread, that the defeat and death of Valens had left Procopius sole master of the Eastern provinces. Valens was not dead: but on the news of the rebellion, which he received at Caesarea, he basely despaired of his life and fortune; proposed to negotiate with the usurper, and discovered his secret inclination to abdicate the Imperial purple. The timid monarch was saved from disgrace and ruin by the firmness of his ministers, and their abilities soon decided in his favor the event of the civil war. In a season of tranquillity, Sallust had resigned without a murmur; but as soon as the public safety was attacked, he ambitiously solicited the preeminence of toil and danger; and the restoration of that virtuous minister to the praefecture of the East, was the first step which indicated the repentance of Valens, and satisfied the minds of the people. The reign of Procopius was apparently supported by powerful armies and obedient provinces. But many of the principal officers, military as well as civil, had been urged, either by motives of duty or interest, to withdraw themselves from the guilty scene; or to watch the moment of betraying, and deserting, the cause of the usurper. Lupicinus advanced by hasty marches, to bring the legions of Syria to the aid of Valens. Arintheus, who, in strength, beauty, and valor, excelled all the heroes of the age, attacked with a small troop a superior body of the rebels. When he beheld the faces of the soldiers who had served under his banner, he commanded them, with a loud voice, to seize and deliver up their pretended leader; and such was the ascendant of his genius, that this extraordinary order was instantly obeyed. [40] Arbetio, a respectable veteran of the great Constantine, who had been distinguished by the honors of the consulship, was persuaded to leave his retirement, and once more to conduct an army into the field. In the heat of action, calmly taking off his helmet, he showed his gray hairs and venerable countenance: saluted the soldiers of Procopius by the endearing names of children and companions, and exhorted them no longer to support the desperate cause of a contemptible tyrant; but to follow their old commander, who had so often led them to honor and victory. In the two engagements of Thyatira [41] and Nacolia, the unfortunate Procopius was deserted by his troops, who were seduced by the instructions and example of their perfidious officers. After wandering some time among the woods and mountains of Phyrgia, he was betrayed by his desponding followers, conducted to the Imperial camp, and immediately beheaded. He suffered the ordinary fate of an unsuccessful usurper; but the acts of cruelty which were exercised by the conqueror, under the forms of legal justice, excited the pity and indignation of mankind. [42]

[Footnote 39a: Symmachus describes his embarrassment. "The Germans are the common enemies of the state, Procopius the private foe of the Emperor; his first care must be victory, his second revenge." Symm. Orat. p. 11.—M.]

[Footnote 40: Et dedignatus hominem superare certamine despicabilem, auctoritatis et celsi fiducia corporis ipsis hostibus jussit, suum vincire rectorem: atque ita turmarum, antesignanus umbratilis comprensus suorum manibus. The strength and beauty of Arintheus, the new Hercules, are celebrated by St. Basil, who supposed that God had created him as an inimitable model of the human species. The painters and sculptors could not express his figure: the historians appeared fabulous when they related his exploits, (Ammian. xxvi. and Vales. ad loc.)]

[Footnote 41: The same field of battle is placed by Ammianus in Lycia, and by Zosimus at Thyatira, which are at the distance of 150 miles from each other. But Thyatira alluitur Lyco, (Plin. Hist. Natur. v. 31, Cellarius, Geograph. Antiq. tom. ii. p. 79;) and the transcribers might easily convert an obscure river into a well-known province. * Note: Ammianus and Zosimus place the last battle at Nacolia in Phrygia; Ammianus altogether omits the former battle near Thyatira. Procopius was on his march (iter tendebat) towards Lycia. See Wagner's note, in c.—M.]

[Footnote 42: The adventures, usurpation, and fall of Procopius, are related, in a regular series, by Ammianus, (xxvi. 6, 7, 8, 9, 10,) and Zosimus, (l. iv. p. 203-210.) They often illustrate, and seldom contradict, each other. Themistius (Orat. vii. p. 91, 92) adds some base panegyric; and Euna pius (p. 83, 84) some malicious satire. ——Symmachus joins with Themistius in praising the clemency of Valens dic victoriae moderatus est, quasi contra se nemo pugnavit. Symm. Orat. p. 12.—M.]

Such indeed are the common and natural fruits of despotism and rebellion. But the inquisition into the crime of magic, [42a] which, under the reign of the two brothers, was so rigorously prosecuted both at Rome and Antioch, was interpreted as the fatal symptom, either of the displeasure of Heaven, or of the depravity of mankind. [43] Let us not hesitate to indulge a liberal pride, that, in the present age, the enlightened part of Europe has abolished [44] a cruel and odious prejudice, which reigned in every climate of the globe, and adhered to every system of religious opinions. [45] The nations, and the sects, of the Roman world, admitted with equal credulity, and similar abhorrence, the reality of that infernal art, [46] which was able to control the eternal order of the planets, and the voluntary operations of the human mind. They dreaded the mysterious power of spells and incantations, of potent herbs, and execrable rites; which could extinguish or recall life, inflame the passions of the soul, blast the works of creation, and extort from the reluctant daemons the secrets of futurity. They believed, with the wildest inconsistency, that this preternatural dominion of the air, of earth, and of hell, was exercised, from the vilest motives of malice or gain, by some wrinkled hags and itinerant sorcerers, who passed their obscure lives in penury and contempt. [47] The arts of magic were equally condemned by the public opinion, and by the laws of Rome; but as they tended to gratify the most imperious passions of the heart of man, they were continually proscribed, and continually practised. [48] An imaginary cause as capable of producing the most serious and mischievous effects. The dark predictions of the death of an emperor, or the success of a conspiracy, were calculated only to stimulate the hopes of ambition, and to dissolve the ties of fidelity; and the intentional guilt of magic was aggravated by the actual crimes of treason and sacrilege. [49] Such vain terrors disturbed the peace of society, and the happiness of individuals; and the harmless flame which insensibly melted a waxen image, might derive a powerful and pernicious energy from the affrighted fancy of the person whom it was maliciously designed to represent. [50] From the infusion of those herbs, which were supposed to possess a supernatural influence, it was an easy step to the use of more substantial poison; and the folly of mankind sometimes became the instrument, and the mask, of the most atrocious crimes. As soon as the zeal of informers was encouraged by the ministers of Valens and Valentinian, they could not refuse to listen to another charge, too frequently mingled in the scenes of domestic guilt; a charge of a softer and less malignant nature, for which the pious, though excessive, rigor of Constantine had recently decreed the punishment of death. [51] This deadly and incoherent mixture of treason and magic, of poison and adultery, afforded infinite gradations of guilt and innocence, of excuse and aggravation, which in these proceedings appear to have been confounded by the angry or corrupt passions of the judges. They easily discovered that the degree of their industry and discernment was estimated, by the Imperial court, according to the number of executions that were furnished from the respective tribunals. It was not without extreme reluctance that they pronounced a sentence of acquittal; but they eagerly admitted such evidence as was stained with perjury, or procured by torture, to prove the most improbable charges against the most respectable characters. The progress of the inquiry continually opened new subjects of criminal prosecution; the audacious informer, whose falsehood was detected, retired with impunity; but the wretched victim, who discovered his real or pretended accomplices, were seldom permitted to receive the price of his infamy. From the extremity of Italy and Asia, the young, and the aged, were dragged in chains to the tribunals of Rome and Antioch. Senators, matrons, and philosophers, expired in ignominious and cruel tortures. The soldiers, who were appointed to guard the prisons, declared, with a murmur of pity and indignation, that their numbers were insufficient to oppose the flight, or resistance, of the multitude of captives. The wealthiest families were ruined by fines and confiscations; the most innocent citizens trembled for their safety; and we may form some notion of the magnitude of the evil, from the extravagant assertion of an ancient writer, that, in the obnoxious provinces, the prisoners, the exiles, and the fugitives, formed the greatest part of the inhabitants. [52]

[Footnote 42a: This infamous inquisition into sorcery and witchcraft has been of greater influence on human affairs than is commonly supposed. The persecutions against philosophers and their libraries was carried on with so much fury, that from this time (A. D. 374) the names of the Gentile philosophers became almost extinct; and the Christian philosophy and religion, particularly in the East, established their ascendency. I am surprised that Gibbon has not made this observation. Heyne, Note on Zosimus, l. iv. 14, p. 637. Besides vast heaps of manuscripts publicly destroyed throughout the East, men of letters burned their whole libraries, lest some fatal volume should expose them to the malice of the informers and the extreme penalty of the law. Amm. Marc. xxix. 11.—M.]

[Footnote 43: Libanius de ulciscend. Julian. nece, c. ix. p. 158, 159. The sophist deplores the public frenzy, but he does not (after their deaths) impeach the justice of the emperors.]

[Footnote 44: The French and English lawyers, of the present age, allow the theory, and deny the practice, of witchcraft, (Denisart, Recueil de Decisions de Jurisprudence, au mot Sorciers, tom. iv. p. 553. Blackstone's Commentaries, vol. iv. p. 60.) As private reason always prevents, or outstrips, public wisdom, the president Montesquieu (Esprit des Loix, l. xii. c. 5, 6) rejects the existence of magic.]

[Footnote 45: See Oeuvres de Bayle, tom. iii. p. 567-589. The sceptic of Rotterdam exhibits, according to his custom, a strange medley of loose knowledge and lively wit.]

[Footnote 46: The Pagans distinguished between good and bad magic, the Theurgic and the Goetic, (Hist. de l'Academie, &c., tom. vii. p. 25.) But they could not have defended this obscure distinction against the acute logic of Bayle. In the Jewish and Christian system, all daemons are infernal spirits; and all commerce with them is idolatry, apostasy &c., which deserves death and damnation.]

[Footnote 47: The Canidia of Horace (Carm. l. v. Od. 5, with Dacier's and Sanadon's illustrations) is a vulgar witch. The Erictho of Lucan (Pharsal. vi. 430-830) is tedious, disgusting, but sometimes sublime. She chides the delay of the Furies, and threatens, with tremendous obscurity, to pronounce their real names; to reveal the true infernal countenance of Hecate; to invoke the secret powers that lie below hell, &c.]

[Footnote 48: Genus hominum potentibus infidum, sperantibus fallax, quod in civitate nostra et vetabitur semper et retinebitur. Tacit. Hist. i. 22. See Augustin. de Civitate Dei, l. viii. c. 19, and the Theodosian Code l. ix. tit. xvi., with Godefroy's Commentary.]

[Footnote 49: The persecution of Antioch was occasioned by a criminal consultation. The twenty-four letters of the alphabet were arranged round a magic tripod: and a dancing ring, which had been placed in the centre, pointed to the four first letters in the name of the future emperor, O. E. O Triangle. Theodorus (perhaps with many others, who owned the fatal syllables) was executed. Theodosius succeeded. Lardner (Heathen Testimonies, vol. iv. p. 353-372) has copiously and fairly examined this dark transaction of the reign of Valens.]

[Footnote 50: Limus ut hic durescit, et haec ut cera liquescit

Uno eodemque igni—Virgil. Bucolic. viii. 80.

Devovet absentes, simulacraque cerea figit. —Ovid. in Epist. Hypsil. ad Jason 91.

Such vain incantations could affect the mind, and increase the disease of Germanicus. Tacit. Annal. ii. 69.]

[Footnote 51: See Heineccius, Antiquitat. Juris Roman. tom. ii. p. 353, &c. Cod. Theodosian. l. ix. tit. 7, with Godefroy's Commentary.]

[Footnote 52: The cruel persecution of Rome and Antioch is described, and most probably exaggerated, by Ammianus (xxvii. 1. xxix. 1, 2) and Zosimus, (l. iv. p. 216-218.) The philosopher Maximus, with some justice, was involved in the charge of magic, (Eunapius in Vit. Sophist. p. 88, 89;) and young Chrysostom, who had accidentally found one of the proscribed books, gave himself up for lost, (Tillemont, Hist. des Empereurs, tom. v. p. 340.)]

When Tacitus describes the deaths of the innocent and illustrious Romans, who were sacrificed to the cruelty of the first Caesars, the art of the historian, or the merit of the sufferers, excites in our breast the most lively sensations of terror, of admiration, and of pity. The coarse and undistinguishing pencil of Ammianus has delineated his bloody figures with tedious and disgusting accuracy. But as our attention is no longer engaged by the contrast of freedom and servitude, of recent greatness and of actual misery, we should turn with horror from the frequent executions, which disgraced, both at Rome and Antioch, the reign of the two brothers. [53] Valens was of a timid, [54] and Valentinian of a choleric, disposition. [55] An anxious regard to his personal safety was the ruling principle of the administration of Valens. In the condition of a subject, he had kissed, with trembling awe, the hand of the oppressor; and when he ascended the throne, he reasonably expected, that the same fears, which had subdued his own mind, would secure the patient submission of his people. The favorites of Valens obtained, by the privilege of rapine and confiscation, the wealth which his economy would have refused. [56] They urged, with persuasive eloquence, that, in all cases of treason, suspicion is equivalent to proof; that the power supposes the intention, of mischief; that the intention is not less criminal than the act; and that a subject no longer deserves to live, if his life may threaten the safety, or disturb the repose, of his sovereign. The judgment of Valentinian was sometimes deceived, and his confidence abused; but he would have silenced the informers with a contemptuous smile, had they presumed to alarm his fortitude by the sound of danger. They praised his inflexible love of justice; and, in the pursuit of justice, the emperor was easily tempted to consider clemency as a weakness, and passion as a virtue. As long as he wrestled with his equals, in the bold competition of an active and ambitious life, Valentinian was seldom injured, and never insulted, with impunity: if his prudence was arraigned, his spirit was applauded; and the proudest and most powerful generals were apprehensive of provoking the resentment of a fearless soldier. After he became master of the world, he unfortunately forgot, that where no resistance can be made, no courage can be exerted; and instead of consulting the dictates of reason and magnanimity, he indulged the furious emotions of his temper, at a time when they were disgraceful to himself, and fatal to the defenceless objects of his displeasure. In the government of his household, or of his empire, slight, or even imaginary, offences—a hasty word, a casual omission, an involuntary delay—were chastised by a sentence of immediate death. The expressions which issued the most readily from the mouth of the emperor of the West were, "Strike off his head;" "Burn him alive;" "Let him be beaten with clubs till he expires;" [57] and his most favored ministers soon understood, that, by a rash attempt to dispute, or suspend, the execution of his sanguinary commands, they might involve themselves in the guilt and punishment of disobedience. The repeated gratification of this savage justice hardened the mind of Valentinian against pity and remorse; and the sallies of passion were confirmed by the habits of cruelty. [58] He could behold with calm satisfaction the convulsive agonies of torture and death; he reserved his friendship for those faithful servants whose temper was the most congenial to his own. The merit of Maximin, who had slaughtered the noblest families of Rome, was rewarded with the royal approbation, and the praefecture of Gaul.

Two fierce and enormous bears, distinguished by the appellations of Innocence, and Mica Aurea, could alone deserve to share the favor of Maximin. The cages of those trusty guards were always placed near the bed-chamber of Valentinian, who frequently amused his eyes with the grateful spectacle of seeing them tear and devour the bleeding limbs of the malefactors who were abandoned to their rage. Their diet and exercises were carefully inspected by the Roman emperor; and when Innocence had earned her discharge, by a long course of meritorious service, the faithful animal was again restored to the freedom of her native woods. [59]

[Footnote 53: Consult the six last books of Ammianus, and more particularly the portraits of the two royal brothers, (xxx. 8, 9, xxxi. 14.) Tillemont has collected (tom. v. p. 12-18, p. 127-133) from all antiquity their virtues and vices.]

[Footnote 54: The younger Victor asserts, that he was valde timidus: yet he behaved, as almost every man would do, with decent resolution at the head of an army. The same historian attempts to prove that his anger was harmless. Ammianus observes, with more candor and judgment, incidentia crimina ad contemptam vel laesam principis amplitudinem trahens, in sanguinem saeviebat.]

[Footnote 55: Cum esset ad acerbitatem naturae calore propensior. .. poenas perignes augebat et gladios. Ammian. xxx. 8. See xxvii. 7]

[Footnote 56: I have transferred the reproach of avarice from Valens to his servant. Avarice more properly belongs to ministers than to kings; in whom that passion is commonly extinguished by absolute possession.]

[Footnote 57: He sometimes expressed a sentence of death with a tone of pleasantry: "Abi, Comes, et muta ei caput, qui sibi mutari provinciam cupit." A boy, who had slipped too hastily a Spartan bound; an armorer, who had made a polished cuirass that wanted some grains of the legitimate weight, &c., were the victims of his fury.]

[Footnote 58: The innocents of Milan were an agent and three apparitors, whom Valentinian condemned for signifying a legal summons. Ammianus (xxvii. 7) strangely supposes, that all who had been unjustly executed were worshipped as martyrs by the Christians. His impartial silence does not allow us to believe, that the great chamberlain Rhodanus was burnt alive for an act of oppression, (Chron. Paschal. p. 392.) * Note: Ammianus does not say that they were worshipped as martyrs. Onorum memoriam apud Mediolanum colentes nunc usque Christiani loculos ubi sepulti sunt, ad innocentes appellant. Wagner's note in loco. Yet if the next paragraph refers to that transaction, which is not quite clear. Gibbon is right.—M.]

[Footnote 59: Ut bene meritam in sylvas jussit abire Innoxiam. Ammian. xxix. and Valesius ad locum.]



Chapter XXV: Reigns Of Jovian And Valentinian, Division Of The Empire.—Part III.

But in the calmer moments of reflection, when the mind of Valens was not agitated by fear, or that of Valentinian by rage, the tyrant resumed the sentiments, or at least the conduct, of the father of his country. The dispassionate judgment of the Western emperor could clearly perceive, and accurately pursue, his own and the public interest; and the sovereign of the East, who imitated with equal docility the various examples which he received from his elder brother, was sometimes guided by the wisdom and virtue of the praefect Sallust. Both princes invariably retained, in the purple, the chaste and temperate simplicity which had adorned their private life; and, under their reign, the pleasures of the court never cost the people a blush or a sigh. They gradually reformed many of the abuses of the times of Constantius; judiciously adopted and improved the designs of Julian and his successor; and displayed a style and spirit of legislation which might inspire posterity with the most favorable opinion of their character and government. It is not from the master of Innocence, that we should expect the tender regard for the welfare of his subjects, which prompted Valentinian to condemn the exposition of new-born infants; [60] and to establish fourteen skilful physicians, with stipends and privileges, in the fourteen quarters of Rome. The good sense of an illiterate soldier founded a useful and liberal institution for the education of youth, and the support of declining science. [61] It was his intention, that the arts of rhetoric and grammar should be taught in the Greek and Latin languages, in the metropolis of every province; and as the size and dignity of the school was usually proportioned to the importance of the city, the academies of Rome and Constantinople claimed a just and singular preeminence. The fragments of the literary edicts of Valentinian imperfectly represent the school of Constantinople, which was gradually improved by subsequent regulations. That school consisted of thirty-one professors in different branches of learning. One philosopher, and two lawyers; five sophists, and ten grammarians for the Greek, and three orators, and ten grammarians for the Latin tongue; besides seven scribes, or, as they were then styled, antiquarians, whose laborious pens supplied the public library with fair and correct copies of the classic writers. The rule of conduct, which was prescribed to the students, is the more curious, as it affords the first outlines of the form and discipline of a modern university. It was required, that they should bring proper certificates from the magistrates of their native province. Their names, professions, and places of abode, were regularly entered in a public register.

The studious youth were severely prohibited from wasting their time in feasts, or in the theatre; and the term of their education was limited to the age of twenty. The praefect of the city was empowered to chastise the idle and refractory by stripes or expulsion; and he was directed to make an annual report to the master of the offices, that the knowledge and abilities of the scholars might be usefully applied to the public service. The institutions of Valentinian contributed to secure the benefits of peace and plenty; and the cities were guarded by the establishment of the Defensors; [62] freely elected as the tribunes and advocates of the people, to support their rights, and to expose their grievances, before the tribunals of the civil magistrates, or even at the foot of the Imperial throne. The finances were diligently administered by two princes, who had been so long accustomed to the rigid economy of a private fortune; but in the receipt and application of the revenue, a discerning eye might observe some difference between the government of the East and of the West. Valens was persuaded, that royal liberality can be supplied only by public oppression, and his ambition never aspired to secure, by their actual distress, the future strength and prosperity of his people. Instead of increasing the weight of taxes, which, in the space of forty years, had been gradually doubled, he reduced, in the first years of his reign, one fourth of the tribute of the East. [63] Valentinian appears to have been less attentive and less anxious to relieve the burdens of his people. He might reform the abuses of the fiscal administration; but he exacted, without scruple, a very large share of the private property; as he was convinced, that the revenues, which supported the luxury of individuals, would be much more advantageously employed for the defence and improvement of the state. The subjects of the East, who enjoyed the present benefit, applauded the indulgence of their prince. The solid but less splendid, merit of Valentinian was felt and acknowledged by the subsequent generation. [64]

[Footnote 60: See the Code of Justinian, l. viii. tit. lii. leg. 2. Unusquisque sabolem suam nutriat. Quod si exponendam putaverit animadversioni quae constituta est subjacebit. For the present I shall not interfere in the dispute between Noodt and Binkershoek; how far, or how long this unnatural practice had been condemned or abolished by law philosophy, and the more civilized state of society.]

[Footnote 61: These salutary institutions are explained in the Theodosian Code, l. xiii. tit. iii. De Professoribus et Medicis, and l. xiv. tit. ix. De Studiis liberalibus Urbis Romoe. Besides our usual guide, (Godefroy,) we may consult Giannone, (Istoria di Napoli, tom. i. p. 105-111,) who has treated the interesting subject with the zeal and curiosity of a man of latters who studies his domestic history.]