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was stripped of his ample fortunes by an Imperial rescript, and banished to Pityus, on the Euxine, the last frontier of the Roman world; where he subsisted by the precarious mercy of the Barbarians, till he could obtain, after the fall of Eutropius, a milder exile at Sidon, in Phnicia. 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 signalized his valor 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 clamor, 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 favorite 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 favorite; and he was doomed to perpetual exile a Oasis, a solitary spot in the midst of the sandy deserts of Libya. Secluded from all human converse, the master-general of the Roman armies was lost forever to the world; but the circumstances of his fate have been related in a various and contradictory manner. It is insinuated that Eutropius despatched a private order for his secret execution. It was reported, that, in attempting to escape from Oasis, he perished in the desert, of thirst and hunger; and that his dead body was found on the sands of Libya. It has been asserted, with more confidence, that his son Syagrius, after successfully eluding the pursuit of the agents and emissaries of the court, collected a band of African robbers; that he rescued Timasius from the place of his exile; and that both the father and the son disappeared from the knowledge of mankind. But the ungrateful Bargus, instead of being suffered to possess the reward of guilt was soon after circumvented and destroyed, by the more powerful villany of the minister himself, who retained sense and spirit enough to abhor the instrument of his own crimes. 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 favor. For their mutual defence, he contrived the safeguard of a law, which violated every principal of humanity and justice. I. It is enacted, in the name, and by the authority of Arcadius, that all those who should 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. This species of fictitious and metaphorical treason is extended to protect, not only the illustrious officers of the state and army, who were admitted into the sacred consistory, but likewise the principal domestics of the palace, the senators of Constantinople, the military commanders, and the civil magistrates of the provinces; a vague and indefinite list, which, under the successors of Constantine, included an obscure and numerous train of subordinate ministers. II. 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 dependants 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 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 |
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