Page:Decline and Fall of the Roman Empire vol 4 (1897).djvu/207

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OF THE ROMAN EMPIRE
187

from Sicily to the Danube, from Sirmium or Belgrade[1] to the Atlantic Ocean; and the Greeks themselves have acknowledged that Theodoric reigned over the fairest portion of the western empire.[2]

Civil government of Italy according to the Roman laws The union of the Goths and Romans might have fixed for ages the transient happiness of Italy; and the first of nations, a new people of free subjects and enlightened soldiers, might have gradually arisen from the mutual emulation of their respective virtues. But the sublime merit of guiding or seconding such a revolution was not reserved for the reign of Theodoric; he wanted either the genius or the opportunities of a legislator;[3] and, while he indulged the Goths in the enjoyment of rude liberty, he servilely copied the institutions, and even the abuses, of the political system which had been framed by Constantine and his successors. From a tender regard to the expiring prejudices of Rome, the Barbarian declined the name, the purple, and the diadem of the emperors;[4] but he assumed, under the hereditary title of king, the whole substance and plenitude of imperial prerogative.[5] His addresses to the eastern throne

    699), and Procopius (Goth. l. i. c. 12). I will neither hear nor reconcile the long and contradictory arguments of the Abbé Dubos and the Count de Buat about the wars of Burgundy.

  1. ["Or Belgrade" seems to convey that Belgrade corresponds to the ancient Sirmium. This is a mistake. Belgrade (as the author knew) corresponds to Singidunum; Sirmium to Mitrovitz. The expedition against Sirmium took place in A.D. 504.]
  2. Theophanes, p. 113.
  3. Procopius affirms that no laws whatsoever were promulgated by Theodoric and the succeeding kings of Italy (Goth. l. ii. c. 6). He must mean in the Gothic language. A Latin edict of Theodoric is still extant, in one hundred and fifty-four articles. [The edictum Theodonci was only intended for cases in which (a) Romans or (b) Goths and Romans were concerned. The Goths had their own law, and their disputes were decided by an official entitled the Comes Gothorum (cp. Cass. Var. vii. 3) acting alone. In disputes between Goth and Roman, a Roman jurisconsult acted as assessor to the Comes Gothorum. For the text of the Edictum see part iv. of Dahn's Könige der Germanen; an analysis in Hodgkin, iii. 345 sqq. The peculiar Ostrogothic institution of the saiones, a sort of royal messengers, may be mentioned here. We find a saio sent to call the Goths to arm against the Franks, or to rebuke a Prætorian Præfect. One remarkable duty which devolved on a saio was the so-called tuitio regii nominis, Hodgkin, ib. 282. When a rich unwarlike Roman, "unable to protect himself against the rude assaults of sturdy Gothic neighbours, appealed to the King for protection," the King took him under his tuitio, and a saio was quartered in his house as a guarantee of the royal protection. Naturally, the institution was sometimes abused.]
  4. [Mr. Hodgkin (Italy and her Invaders, iii. p. 273) makes a statement exactly the reverse.]
  5. The image of Theodoric is engraved on his coins: his modest successors were satisfied with adding their own name to the head of the reigning emperor (Muratori, Antiquitat. Italiæ Medii Ævi, tom. ii. dissert. xxvii. p. 577-579. Giannone, Istoria Civile di Napoli, tom. i. p. 166). [Neither Theodoric nor any of his successors put his