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The History of the Decline and Fall of the Roman Empire - Edward Gibbon [1090]

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have desired and deserved to live. The emperor conceived, that it was his interest to increase the number of his subjects; and that it was his duty to guard the purity of the marriage-bed: but the means which he employed to accomplish these salutary purposes are of an ambiguous, and perhaps exceptionable, kind. The pious maids, who consecrated their virginity to Christ, were restrained from taking the veil till they had reached their fortieth year. Widows under that age were compelled to form a second alliance within the term of five years, by the forfeiture of half their wealth to their nearest relations, or to the state. Unequal marriages were condemned or annulled. The punishment of confiscation and exile was deemed so inadequate to the guilt of adultery, that, if the criminal returned to Italy, he might, by the express declaration of Majorian, be slain with impunity. ^44

[Footnote 43: The whole edict (Novell. Majorian. tit. vi. p. 35) is curious. "Antiquarum aedium dissipatur speciosa constructio; et ut aliquid reparetur, magna diruuntur. Hinc jam occasio nascitur, ut etiam unusquisque privatum aedificium construens, per gratiam judicum ..... praesumere de publicis locis necessaria, et transferre non dubitet" &c. With equal zeal, but with less power, Petrarch, in the fourteenth century, repeated the same complaints. (Vie de Petrarque, tom. i. p. 326, 327.) If I prosecute this history, I shall not be unmindful of the decline and fall of the city of Rome; an interesting object to which any plan was originally confined.]

[Footnote 44: The emperor chides the lenity of Rogatian, consular of Tuscany in a style of acrimonious reproof, which sounds almost like personal resentment, (Novell. tit. ix. p. 47.) The law of Majorian, which punished obstinate widows, was soon afterwards repealed by his successor Severus, (Novell. Sever. tit. i. p. 37.)]

While the emperor Majorian assiduously labored to restore the happiness and virtue of the Romans, he encountered the arms of Genseric, from his character and situation their most formidable enemy. A fleet of Vandals and Moors landed at the mouth of the Liris, or Garigliano; but the Imperial troops surprised and attacked the disorderly Barbarians, who were encumbered with the spoils of Campania; they were chased with slaughter to their ships, and their leader, the king's brother-in-law, was found in the number of the slain. ^45 Such vigilance might announce the character of the new reign; but the strictest vigilance, and the most numerous forces, were insufficient to protect the long-extended coast of Italy from the depredations of a naval war. The public opinion had imposed a nobler and more arduous task on the genius of Majorian. Rome expected from him alone the restitution of Africa; and the design, which he formed, of attacking the Vandals in their new settlements, was the result of bold and judicious policy. If the intrepid emperor could have infused his own spirit into the youth of Italy; if he could have revived in the field of Mars, the manly exercises in which he had always surpassed his equals; he might have marched against Genseric at the head of a Roman army. Such a reformation of national manners might be embraced by the rising generation; but it is the misfortune of those princes who laboriously sustain a declining monarchy, that, to obtain some immediate advantage, or to avert some impending danger, they are forced to countenance, and even to multiply, the most pernicious abuses. Majorian, like the weakest of his predecessors, was reduced to the disgraceful expedient of substituting Barbarian auxiliaries in the place of his unwarlike subjects: and his superior abilities could only be displayed in the vigor and dexterity with which he wielded a dangerous instrument, so apt to recoil on the hand that used it. Besides the confederates, who were already engaged in the service of the empire, the fame of his liberality and valor attracted the nations of the Danube, the Borysthenes, and perhaps of the Tanais. Many thousands of the bravest subjects of Attila, the Gepidae,

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