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the empire. The edicts 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. III. "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. Stigmatized with hereditary infamy, excluded from the hopes of honors 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 favorite 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, their 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.

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 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 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 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 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