[110] The existence of this title is proved not only by the language of Arcadius in the Theodosian Code x. 25. 1, concerning 'Nobilissimae puellae, filiae meae,' but also by Zosimus (ii. 39), who says that Constantine bestowed the dignity of Nobilissimus on his brother Constantius and his nephew Hannibalianus (της του λεγομενου νωβελισσιμου παρ' αυτου Κωνσταντινου τυχοντες αξιας αιδοι της συγγενειας); and by Marcellinus Comes, s. a. 527, who says: 'Justinus Imperator Justinianum ex sorore suâ nepotem, jamdudum a se Nobilissimum designatum, participem quoque regni ani, successoremque creavit.' It is evident that the title did not come by right of birth, but that some sort of declaration of it was necessary.
[112] Var. [viii. 23].
[115] I think the usual account of the matter is that which I have given elsewhere (Italy and her Invaders, i. 227), that the Comes had military command in the Diocese and the Dux in the Province. But on closer examination I cannot find that the Notitia altogether bears out this view. It gives us for the Western Empire eight Comites and twelve Duces. The former pretty nearly correspond to the Dioceses, but the latter are far too few for the Provinces, which number forty-two, excluding all the Provinces of Italy. Besides, in some cases the jurisdiction appears to be the same. Thus we have both a Dux and a Comes Britanniarum, and the Dux Mauritaniae Caesariensis must, one would think, have held command in a region as large or larger than the Comes Tingitaniae. Again, we have a Comes Argentoratensis and a Dux Moguntiacensis, two officers whose power, one would think, was pretty nearly equal. The same may perhaps be said of the Comes Litoris Saxonici in Britain and the Dux Tractus Armoricani et Nervicani in Gaul. While recognising a general inferiority of the Dux to the Comes, I do not think we can, with the Notitia before us, assert that the Provincial Duces were regularly subordinated to the Diocesan Comes, as the Provincial Consulares were to the Diocesan Vicarius. And the fact that both Comes and Dux were addressed as Spectabilis rather confirms this view.
[116] Probably, from the order in which they are mentioned by the Notitia.
[117] Sublimis occurs in the superscription of the following letters: [i. 2]; [iv. 17]; [v. 25], [30], and [36]; [ix. 11] and [14]; [xii. 5].
[118] See Emil Kühn's Verfassung des Römischen Reichs i. 182, and the passages quoted there.
[119] p. 31.