Never did abler men reign on an absolute throne. All that genius and experience and skill could do to arrest the waves of the barbarians was done. A succession of most brilliant victories marked these later days of Rome. Amid unparalleled disasters, there were also most memorable triumphs. The glory of the Roman name was revived in Claudius, Aurelian, Probus, Carus, Diocletian, Constantius, Galerius, Constantine, Julian, all of whom rendered important services. These great emperors were uniformly victors, yet were doomed to hurl back perpetually advancing forces of Teutonic warriors, who were resolved on conquest. Diocletian was a second Augustus, and Constantine another Julius. But their conquests and reconstructions were all in vain. The barbarians advanced. They were getting more and more powerful with defeat; the Romans weaker and weaker after victory. In the middle of the fourth century the Goths were firmly settled in Dacia, the Persians had recovered the provinces between the Euphrates and the Tigris, Gaul was invaded by Germans, the Saxons had ravaged Britain, the Scots and Picts had spread themselves from the wall of Antoninus to the shores of Kent, Africa had revolted, Sapor had broken his treaties, the Goths had crossed the Danube, the Emperor Valens had been slain, with sixty thousand infantry and six thousand cavalry. From the shores of the Bosphorus to the Julian Alps, nothing was to be seen but rapes, murders, and conflagrations. Palaces were destroyed, churches were turned into stables, the relics of martyrs were desecrated, women were ravished, bishops were praying in despair, cities had fallen, the country was laid waste; the desolation extended to fishes and birds. Fruitful fields became pastures, or were overgrown with forests. The day of ruin was at hand. There was needed a hero to arise, a deliverer, a second Moses. And a great man appeared in the person of Theodosius—the most able and valiant of all the emperors after Julius Caesar.

[Sidenote: Theodosius.]

The career of Theodosius is exceedingly interesting, since it shows that every thing which imperial genius could do to arrest ruin, was done by him.

Theodosius was thirty-three years of age when summoned from retirement to govern the world. He had learned the art of war from his father in Britain, and had, in his lifetime, defeated the Sarmatians. The Romans, disheartened by the tremendous defeat they had sustained under the walls of Adrianople, and the death of Valens the emperor, had no longer the courage to brave the Goths in the open field, and Theodosius was too prudent to lead them against a triumphant enemy. He retired to Thessalonica to watch the barbarians. In four years he had revived the courage of his troops, even as Alfred subsequently rekindled the martial ardor of the Saxons after their defeat by the Danes. On the death of Fritigern, the first great historic name among the Visigoths, his soldiers were demoralized, and divided by jealousies, and were won over by the arts and statesmanship of Theodosius, and a treaty was made with them by which they obtained a settlement within the limits of the empire, and became the allies of the emperor. The Ostrogoths were soon after defeated in a decisive battle on the Danube, and all fears were removed, at least for the present, of these hostile barbarians.

[Sidenote: Successors of Theodosius.]

[Sidenote: Diocletian.]

Theodosius was equally fortunate in his conflicts with Maximus, who had usurped the provinces of Gaul, Spain, and Britain, and who meditated the conquest of Italy. At Aquileia the usurper was seized, after a succession of defeats, stripped of his imperial ornaments, and delivered to the executioner, and Theodosius reigned without a rival in the renovated empire, practicing the virtues of domestic life, rewarding eminent merit, and protecting the interests of the church. He restored the—authority of the laws, and corrected the abuses of the preceding reigns. Whatever rival or enemy, in those distracted times, raised himself up against the imperial authority, was easily subdued. Eugenius met the fate of Maximus, and Arbogastes turned his sword against his own breast. Theodosius reigned in peace and wisdom, the idol of the church, and the object of fear to the barbaric world. He had his defects and vices, and committed errors and crimes, but his reign was beneficent, and the Christian world hoped that the evils which threatened the empire were removed. Alas, the empire was doomed. The death of Theodosius was the signal for renewed hostilities. His sons, the feeble Arcadius and Honorius, were unequal to the task of governing the empire, and it fell into the hands of the barbarians, who ruthlessly marched over the crumblings ruins, regardless of the treasures of the classic soil and of the guardians which Christianity presented in the presence of protesting bishops. The empire could not be saved by able emperors, however great their military genius. Absolutism, whether wielded by tyrants, or philosophers, or generals, was alike a failure. What hope for the empire when the Senate inculcated maxims of passive obedience to tyrants; when such lawyers as Papinias and Paulus declared that emperors were freed from all restraints? What could Alexander Severus do when the most illustrious man in the empire—the learned and immortal Ulpian—was murdered before his eyes by the guards, of which he was the prefect, and when such was the license of the soldiers, that the emperor could neither revenge his murdered friend, nor his insulted dignity; when his own life was sacrificed to the discontents of an army which had become the master of the emperors themselves? After the murder of this brave and enlightened prince, no emperor was safe upon his throne, or could do more than oppose a feeble barrier to the barbarians upon the frontiers. External dangers may have raised up able commanders, like Decius, Aurelian, and Probus; but they could not prevent the inroads of the Goths, or heal the miseries of society. Of the nineteen tyrants who arose during the reign of Gallienus, not one died a natural death. And when, after a disgraceful period of calamities, Diocletian ascended the throne, the ablest perhaps of all the emperors after Augustus, no talents could sustain the weight of public administration, and even this emperor attempted to extinguish the only influence that had power to save. Absolutism had sowed seeds of ruin, which were destined to bear most wretched fruit.

[Sidenote: Roman jurisprudence.]

Jurisprudence was the science of which the Romans have the most to boast; and this was not perfected until the time of the emperors. It was closely connected with the constitution, but was superior to it, since it was based upon the principles of natural justice or equity. This has lasted when all material greatness has vanished, and still forms the basis of the laws of European nations. This was a great element of civilization itself; it was part of the mechanism of social order; it pervaded all parts of the empire; it made the reign of tyrants endurable.

There is no doubt that the excellence of the laws formed one of the most powerful conservative influences of pagan antiquity. We glory in those laws as one of the proudest achievements of the human mind. But laws are rather an exponent of the state of society than a controlling force which modifies it. If a murderer is to be hung, or a thief imprisoned, the rigid law shows simply no mercy to murderers and thieves; it does not create a sentiment which prevents, though it may punish, iniquity. The wise division of property among heirs may operate against injurious accumulations, but does not prevent disproportionate fortunes. The more complicated the jurisprudence, the more need it seems that society has of restraints and balances. The law cannot go higher than the fountain. The more perfect the state of society, the less need there is of laws. The cautious guards against fraud simply show that frauds are common and easy. The minute regulations in reference to the protection of property and contracts, show that the prevailing customs and habits of dealers were corrupt, and needed the strong arm of a protecting government. As a general thing, it will be found that the laws are best, and most rigidly enforced, when iniquity prevails. A man is safe in Paris when he is not in Boston, but we do not infer from this fact that society is higher, but that there is a sterner necessity on the part of government to restrain crime. The laws of the Romans give the impression of the necessity of a constant watchfulness and supervision to prevent the strong preying upon the weak. Other influences are more necessary than laws to keep men virtuous and orderly. Laws are necessary, indeed; but they are not the first conditions of social existence.