The destruction of Timasius required a more serious and regular mode of attack. That great officer, the master-general of the armies of Theodosius, had signalised his valour by a decisive victory which he obtained over the Goths of Thessaly; but he was too prone, after the example of his sovereign, to enjoy the luxury of peace and to abandon his confidence to wicked and designing flatterers. Timasius had despised the public clamour, by promoting an infamous dependent to the command of a cohort; and he deserved to feel the ingratitude of Bargus, who was secretly instigated by the favourite to accuse his patron of a treasonable conspiracy.
The general was arraigned before the tribunal of Arcadius himself; and the principal eunuch stood by the side of the throne to suggest the questions and answers of his sovereign. But as this form of trial might be deemed partial and arbitrary, the further inquiry into the crimes of Timasius was delegated to Saturninus and Procopius; the former of consular rank, the latter still respected as the father-in-law of the emperor Valens. The appearances of a fair and legal proceeding were maintained by the blunt honesty of Procopius; and he yielded with reluctance to the obsequious dexterity of his colleague, who pronounced a sentence of condemnation against the unfortunate Timasius. His immense riches were confiscated, in the name of the emperor and for the benefit of the favourite; and he was doomed to perpetual exile at Oasis, a solitary spot in the midst of the sandy deserts of Libya (399).
The public hatred and the despair of individuals, continually threatened, or seemed to threaten, the personal safety of Eutropius, as well as of the numerous adherents who were attached to his fortune and had been promoted by his venal favour. For their mutual defence, he contrived the safeguard of a law, which violated every principle of humanity and justice.
(1) It is enacted, in the name and by the authority of Arcadius, that all those who shall conspire, either with subjects or with strangers, against the lives of any of the persons whom the emperor considers as the members of his own body, shall be punished with death and confiscation.
(2) This extreme severity might, perhaps, be justified, had it been only directed to secure the representatives of the sovereign from any actual violence in the execution of their office. But the whole body of imperial dependents claimed a privilege, or rather impunity, which screened them, in the loosest moments of their lives, from the hasty, perhaps the justifiable, resentment of their fellow-citizens; and, by a strange perversion of the laws, the same degree of guilt and punishment was applied to a private quarrel and to a deliberate conspiracy against the emperor and the empire. The edict of Arcadius most positively and most absurdly declares that, in such cases of treason, thoughts and actions ought to be punished with equal severity; that the knowledge of a mischievous intention, unless it be instantly revealed, becomes equally criminal with the intention itself; and that those rash men who shall presume to solicit the pardon of traitors, shall themselves be branded with public and perpetual infamy.
(3) “With regard to the sons of the traitors,” continues the emperor, “although they ought to share the punishment, since they will probably imitate the guilt, of their parents, yet, by the special effect of our imperial lenity, we grant them their lives; but, at the same time, we declare them incapable of inheriting, either on the father’s or on the mother’s side, or of receiving any gift or legacy from the testament either of kinsmen or of strangers. Stigmatised with hereditary infamy, excluded from the hopes of honours or fortune, let them endure the pangs of poverty and contempt, till they shall consider life as a calamity, and death as a comfort and relief.” In such words, so well adapted to insult the feelings of mankind, did the emperor, or rather his favourite eunuch, applaud the moderation of a law which transferred the same unjust and inhuman penalties to the children of all those who had seconded or who had not disclosed these fictitious conspiracies. Some of the noblest regulations of Roman jurisprudence have been suffered to expire; but this edict, a convenient and forcible engine of ministerial tyranny, was carefully inserted in the codes of Theodosius and Justinian; and the same maxims have been revived in modern ages to protect the electors of Germany and the cardinals of the church of Rome.
TRIBIGILD THE OSTROGOTH; THE FALL OF EUTROPIUS
[399-400 A.D.]
Yet the sanguinary laws which spread terror among a disarmed and dispirited people were of too weak a texture to restrain the bold enterprise of Tribigild the Ostrogoth. The colony of that warlike nation, which had been planted by Theodosius in one of the most fertile districts of Phrygia, impatiently compared the slow returns of laborious husbandry with the successful rapine and liberal rewards of Alaric; and their leader resented, as a personal affront, his own ungracious reception in the palace of Constantinople.
A soft and wealthy province, in the heart of the empire, was astonished by the sound of war; and the faithful vassal who had been disregarded or oppressed was again respected as soon as he resumed the hostile character of a barbarian. The vineyards and fruitful fields, between the rapid Marsyas and the winding Mæander, were consumed with fire; the decayed walls of the city crumbled into dust at the first stroke of an enemy; the trembling inhabitants escaped from a bloody massacre to the shores of the Hellespont; and a considerable part of Asia Minor was desolated by the rebellion of Tribigild. His rapid progress was checked by the resistance of the peasants of Pamphylia; and the Ostrogoths, attacked in a narrow pass, between the city of Selgæ, a deep morass, and the craggy cliffs of Mount Taurus, were defeated with the loss of their bravest troops. But the spirit of their chief was not daunted by misfortune; and his army was continually recruited by swarms of barbarians and outlaws, who were desirous of exercising the profession of robbery under the more honourable names of war and conquest. The rumours of the success of Tribigild might for some time be suppressed by fear or disguised by flattery; yet they gradually alarmed both the court and the capital.
The approach of danger and the obstinacy of Tribigild, who refused all terms of accommodation, compelled Eutropius to summon a council of war. After claiming for himself the privilege of a veteran soldier, the eunuch intrusted the guard of Thrace and the Hellespont to Gainas the Goth, and the command of the Asiatic army to his favourite Leo; two generals who differently, but effectually, promoted the cause of the rebels. Leo, who from the bulk of his body and the dulness of his mind was surnamed the Ajax of the East, had deserted his original trade of a woolcomber to exercise, with much less skill and success, the military profession; and his uncertain operations were capriciously framed and executed, with an ignorance of real difficulties and a timorous neglect of every favourable opportunity. The rashness of the Ostrogoths had drawn them into a disadvantageous position between the rivers Melas and Eurymedon, where they were almost besieged by the peasants of Pamphylia; but the arrival of an imperial army, instead of completing their destruction, afforded the means of safety and victory. Tribigild surprised the unguarded camp of the Romans in the darkness of the night; seduced the faith of the greater part of the barbarian auxiliaries, and dissipated, without much effort, the troops which had been corrupted by the relaxation of discipline and the luxury of the capital.
The bold satirist, who has indulged his discontent by the partial and passionate censure of the Christian emperors, violates the dignity rather than the truth of history by comparing the son of Theodosius to one of those harmless and simple animals who scarcely feel that they are the property of their shepherd. Two passions, however, fear and conjugal affection, awakened the languid soul of Arcadius; he was terrified by the threats of a victorious barbarian; and he yielded to the tender eloquence of his wife, Eudoxia, who, with a flood of artificial tears, presenting her infant children to their father, implored his justice for some real or imaginary insult which she imputed to the audacious eunuch. The emperor’s hand was directed to sign the condemnation of Eutropius; the magic spell, which during four years had bound the prince and the people, was instantly dissolved; and the acclamations that so lately hailed the merit and fortune of the favourite, were converted into the clamours of the soldiers and people, who reproached his crimes and pressed his immediate execution.