Page:Decline and Fall of the Roman Empire vol 4 (1897).djvu/262

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THE DECLINE AND FALL

legal or natural heirs, which Procopius imputes to the reign of Justinian. His charge is supported by eminent names and scandalous examples; neither widows or orphans were spared; and the art of soliciting, or extorting, or supposing testaments was beneficially practised by the agents of the palace. This base and mischievous tyranny invades the security of private life; and the monarch who has indulged an appetite for gain will soon be tempted to anticipate the moment of succession, to interpret wealth as an evidence of guilt, and to proceed from the claim of inheritance to the power of confiscation. VII. Among the forms or rapine, a philosopher may be permitted to name the conversion of Pagan or heretical riches to the use of the faithful; but in the time of Justinian this holy plunder was condemned by the sectaries alone, who became the victims of his orthodox avarice.[1]

The ministers of Justinian Dishonour might be ultimately reflected on the character of Justinian; but much of the guilt, and still more of the profit, was intercepted by the ministers, who were seldom promoted for their virtues, and not always selected for their talents.[2] The merits of Tribonian the quæstor will hereafter be weighed in the reformation of the Roman law; but the economy of the East was subordinate to the Prætorian præfect, and Procopius has justified his Anecdotes by the portrait, which he exposes in his public history, of John of Cappadocia the notorious vices of John of Cappadocia.[3] His knowledge was not borrowed from the schools,[4] and his style was scarcely legible; but he excelled in the powers of native genius to suggest the wisest counsels and to find expedients in the most desperate situations. The corruption of his heart was equal to the vigour of his understanding. Although he was suspected of magic and Pagan superstition, he appeared insensible to the fear of God or the reproaches of man; and his aspiring fortune was raised on the death of thousands, the poverty of millions, the ruin of cities, and
  1. John Malala, tom. ii. p. 101, 102, 103 [p. 439-40, ed. Bonn].
  2. One of these, Anatohus, perished in an earthquake — doubtless a judgment! The complaints and clamours of the people in Agathias (l. v. p. 146, 147) are almost an echo of the anecdote. The aliena pecunia reddenda of Corippus (l. ii. 381, &c.) is not very honourable to Justinian's memory.
  3. See the history and character of John of Cappadocia in Procopius (Persic. l. i. c. 24, 25; l. ii. c. 30. Vandal. l. i. c. 13. Anecdot. c. 2, 17, 22). The agreement of the history and Anecdotes is a mortal wound to the reputation of the præfect. [Besides Procopius, we have a long notice in the treatise De Magistratibus of John Lydus, who is equally unsparing.]
  4. Οὐ γὰρ ἄλλο οὐδὲν ἑς γραμματιστον̂ ϕοιτω̂ν ἔμαθεν ὅτι μὴ γράμματα, καὶ ταν̂τα κακὰ κακω̂ς γράψαι — a forcible expression.