The History of the Decline and Fall of the Roman Empire - Edward Gibbon [995]
[Footnote 19: Bartolus understands a simple and naked consciousness, without any sign of approbation or concurrence. For this opinion, says Baldus, he is now roasting in hell. For my own part, continues the discreet Heineccius, (Element. Jur. Civil l. iv. p. 411,) I must approve the theory of Bartolus; but in practice I should incline to the sentiments of Baldus. Yet Bartolus was gravely quoted by the lawyers of Cardinal Richelieu; and Eutropius was indirectly guilty of the murder of the virtuous De Thou.]
[Footnote 20: Godefroy, tom. iii. p. 89. It is, however, suspected, that this law, so repugnant to the maxims of Germanic freedom, has been surreptitiously added to the golden bull.]
Yet these sanguinary laws, which spread terror among a disarmed and dispirited people, were of too weak a texture to restrain the bold enterprise of Tribigild ^21 the Ostrogoth. The colony of that warlike nation, which had been planted by Theodosius in one of the most fertile districts of Phrygia, ^22 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 Maeander, ^23 were consumed with fire; the decayed walls of the cities crumbled into dust, at the first stroke of an enemy; the trembling inhabitants escaped from a bloody massacre to the shores of the Hellespont; and a considerable part of Asia Minor was desolated by the rebellion of Tribigild. His rapid progress was checked by the resistance of the peasants of Pamphylia; and the Ostrogoths, attacked in a narrow pass, between the city of Selgae, ^24 a deep morass, and the craggy cliffs of Mount Taurus, were defeated with the loss of their bravest troops. But the spirit of their chief was not daunted by misfortune; and his army was continually recruited by swarms of Barbarians and outlaws, who were desirous of exercising the profession of robbery, under the more honorable names of war and conquest. The rumors of the success of Tribigild might for some time be suppressed by fear, or disguised by flattery; yet they gradually alarmed both the court and the capital. Every misfortune was exaggerated in dark and doubtful hints; and the future designs of the rebels became the subject of anxious conjecture. Whenever Tribigild advanced into the inland country, the Romans were inclined to suppose that he meditated the passage of Mount Taurus, and the invasion of Syria. If he descended towards the sea, they imputed, and perhaps suggested, to the Gothic chief, the more dangerous project of arming a fleet in the harbors of Ionia, and of extending his depredations along the maritime coast, from the mouth of the Nile to the port of Constantinople. The approach of danger, and the obstinacy of Tribigild, who refused all terms of accommodation, compelled Eutropius to summon a council of war. ^25 After claiming for himself the privilege of a veteran soldier, the eunuch intrusted the guard of Thrace and the Hellespont to Gainas the Goth, and the command of the Asiatic army to his favorite, Leo; two generals, who differently, but effectually, promoted the cause of the rebels. Leo, ^26 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