The plain of Mardia in Thrace was the theatre of a second battle, no less obstinate and bloody than the former. The troops on both sides displayed the same valour and discipline; and the victory was once more decided by the superior abilities of Constantine.[c] Licinius drew up his army [says Zosimus] in order of battle, extending from a mountain which is above the town two hundred stadia, as far as the junction of another river with the Hebrus; thus the armies continued opposite to each other for several days. Constantine, observing where the river was least broad, concerted this plan. He ordered his men to bring trees from the mountain, and to tie ropes around them, as if he intended to throw a bridge over the river for the passage of his army. By this stratagem he deluded the enemy, and, ascending a hill on which were thick woods sufficient to conceal any that were in them, he planted there five thousand archers and eight hundred horse. Having done this, he crossed the Hebrus at the narrowest place, and so surprised the enemy that many fled with all their speed, while others, who were amazed at his unexpected approach, were struck with wonder at his coming over so suddenly. In the meantime, the rest of his army crossed the river in security, and a great slaughter commenced. Nearly thirty thousand fell; and about sunset Constantine took their camp, while Licinius, with all the forces he could muster, hastened through Thrace to his ships.[d]
The loss of two battles reduced the fierce spirit of Licinius to sue for peace. His ambassador Mistrianus was admitted to the audience of Constantine; he expatiated on the common topics of moderation and humanity, which are so familiar to the eloquence of the vanquished; represented, in the most insinuating language, that the event of the war was still doubtful, whilst its inevitable calamities were alike pernicious to both the contending parties; and declared, that he was authorised to propose a lasting and honourable peace in the name of the two emperors, his masters. Constantine received the mention of Valens with indignation and contempt.
“It was not for such a purpose,” he sternly replied, “that we have advanced from the shores of the western ocean in an uninterrupted course of combats and victories, that, after rejecting an ungrateful kinsman, we should accept for our colleague a contemptible slave. The abdication of Valens is the first article of the treaty.” It was necessary to accept this humiliating condition; the unhappy Valens, after a few days’ reign, was deprived of the purple and of his life. As soon as this obstacle was removed, the tranquillity of the Roman world was easily restored. The successive defeats of Licinius had ruined his forces, but they had displayed his courage and abilities. His situation was almost desperate, but the efforts of despair are sometimes formidable; and the good sense of Constantine preferred a great and certain advantage to a third trial of the chance of arms. He consented to leave his rival, or, as he again styled Licinius, his friend and brother, in the possession of Thrace, Asia Minor, Syria, and Egypt; but the provinces of Pannonia, Dalmatia, Dacia, Macedonia, and Greece were yielded to the Western Empire; and the dominions of Constantine now extended from the confines of Caledonia to the extremity of Peloponnesus. It was stipulated by the same treaty that three royal youths, the sons of the emperors, should be called to the hopes of the succession. Crispus and the young Constantine were soon afterwards declared cæsars in the West, while the younger Licinius was invested with the same dignity in the East. In this double proportion of honours, the conqueror asserted the superiority of his arms and power.
THE LONG TRUCE BETWEEN THE EMPERORS; REFORMS OF CONSTANTINE
[314-322 A.D.]
The reconciliation of Constantine and Licinius, though it was embittered by resentment and jealousy, by the remembrance of recent injuries, and by the apprehension of future dangers, maintained however above eight years the tranquillity of the Roman world. As a very regular series of the imperial laws commences about this period, it would not be difficult to transcribe the civil regulations which employed the leisure of Constantine. But the most important of his institutions are intimately connected with the new system of policy and religion, which was not perfectly established till the last and peaceful years of his reign. There are many of his laws which, as they concern the rights and property of individuals and the practice of the bar, are more properly referred to the private than to the public jurisprudence of the empire; and he published many edicts of so local and temporary a nature that they would ill deserve the notice of a general history.
Two laws may be selected from the crowd—the one for its importance, the other for its singularity; the former for its remarkable benevolence, and the latter for its excessive severity. (1) The horrid practice, so familiar to the ancients, of exposing or murdering their new-born infants, was become every day more frequent in the provinces, and especially in Italy. It was the effect of distress; and the distress was principally occasioned by the intolerable burden of taxes, and by the vexatious as well as cruel prosecutions of the officers of the revenue against their insolvent debtors. The less opulent or less industrious part of mankind, instead of rejoicing in an increase of family, deemed it an act of paternal tenderness to release their children from the impending miseries of a life which they themselves were unable to support. The humanity of Constantine, moved perhaps by some recent and extraordinary instances of despair, engaged him to address an edict to all the cities of Italy, and afterwards of Africa, directing immediate and sufficient relief to be given to those parents who should produce before the magistrates the children whom their own poverty would not allow them to educate. But the promise was too liberal, and the provision too vague, to effect any general or permanent benefit. The law, though it may merit some praise, served rather to display than to alleviate the public distress. It still remains an authentic monument to contradict and confound those venal orators who were too well satisfied with their own situation to discover either vice or misery under the government of a generous sovereign.
(2) The laws of Constantine against rapes were dictated with small indulgence for the most amiable weaknesses of human nature; since the description of that crime was applied not only to the brutal violence which compelled, but even to the gentle seduction which might persuade an unmarried woman, under the age of twenty-five, to leave the house of her parents. The successful ravisher was punished with death; and, as if simple death was inadequate to the enormity of his guilt, he was either burned alive or torn in pieces by wild beasts in the amphitheatre. The virgin’s declaration that she had been carried away with her own consent, instead of saving her lover, exposed her to share his fate. The duty of a public prosecution was intrusted to the parents of the guilty or unfortunate maid; and if the sentiments of nature prevailed on them to dissemble the injury, and to repair by a subsequent marriage the honour of their family, they were themselves punished by exile and confiscation. The slaves, whether male or female, who were convicted of having been accessory to the rape or seduction, were burned alive, or put to death by the ingenious torture of pouring down their throats a quantity of melted lead.
As the crime was of a public kind, the accusation was permitted even to strangers. The commencement of the action was not limited to any term of years, and the consequences of the sentence were extended to the innocent offspring of such an irregular union. But whenever the offence inspires less horror than the punishment, the rigour of penal law is obliged to give way to the common feelings of mankind. The most odious parts of this edict were softened or repealed in the subsequent reigns; and even Constantine himself very frequently alleviated, by partial acts of mercy, the stern temper of his general institutions. Such, indeed, was the singular humour of that emperor, who showed himself as indulgent and even remiss in the execution of his laws, as he was severe and even cruel in the enacting of them. It is scarcely possible to observe a more decisive symptom of weakness, either in the character of the prince or in the constitution of the government.
The civil administration was sometimes interrupted by the military defence of the empire. Crispus, a youth of the most amiable character, who had received with the title of Cæsar the command of the Rhine, distinguished himself by his conduct in several victories over the Franks and Alamanni, and taught the barbarians of that frontier to dread the eldest son of Constantine and the grandson of Constantius. The emperor himself had assumed the more difficult and important province of the Danube. The Goths, who in the time of Claudius and Aurelian had felt the weight of the Roman arms, respected the power of the empire, even in the midst of its intestine divisions. But the strength of that warlike nation was now restored by a peace of near fifty years; a new generation had arisen, who no longer remembered the misfortunes of ancient days: the Sarmatians of the lake Mæotis followed the Gothic standard, either as subjects or as allies, and their united force was poured upon the countries of Illyricum. Campona, Margus, and Bononia[58] appear to have been the scenes of several memorable sieges and battles; and though Constantine encountered a very obstinate resistance, he prevailed at length in the contest, and the Goths were compelled to purchase an ignominious retreat, by restoring the booty and prisoners they had taken. Nor was this advantage sufficient to satisfy the indignation of the emperor. He resolved to chastise, as well as to repulse, the insolent barbarians who had dared to invade the territories of Rome.