accepted the
friendship, he must seem to share the guilt, of the assassin. Even the
principles of justice, and the interest of society, would receive a
fatal blow from the impunity of Maximus; and the example of successful
usurpation would tend to dissolve the artificial fabric of government,
and once more to replunge the empire in the crimes and calamities of
the preceding age. But, as the sentiments of gratitude and honor
should invariably regulate the conduct of an individual, they may
be overbalanced in the mind of a sovereign, by the sense of superior
duties; and the maxims both of justice and humanity must permit the
escape of an atrocious criminal, if an innocent people would be involved
in the consequences of his punishment. The assassin of Gratian had
usurped, but he actually possessed, the most warlike provinces of the
empire: the East was exhausted by the misfortunes, and even by the
success, of the Gothic war; and it was seriously to be apprehended,
that, after the vital strength of the republic had been wasted in a
doubtful and destructive contest, the feeble conqueror would remain an
easy prey to the Barbarians of the North. These weighty considerations
engaged Theodosius to dissemble his resentment, and to accept the
alliance of the tyrant. But he stipulated, that Maximus should content
himself with the possession of the countries beyond the Alps. The
brother of Gratian was confirmed and secured in the sovereignty of
Italy, Africa, and the Western Illyricum; and some honorable conditions
were inserted in the treaty, to protect the memory, and the laws, of the
deceased emperor. [17] According to the custom of the age, the images
of the three Imperial colleagues were exhibited to the veneration of
the people; nor should it be lightly supposed, that, in the moment of
a solemn reconciliation, Theodosius secretly cherished the intention of
perfidy and revenge. [18]

[Footnote 17: Ambrose mentions the laws of Gratian, quas non abrogavit
hostia (tom. ii epist. xvii. p. 827.)]

[Footnote 18: Zosimus, l. iv. p. 251, 252. We may disclaim his odious
suspicions; but we cannot reject the treaty of peace which the friends
of Theodosius have absolutely forgotten, or slightly mentioned.]

The contempt of Gratian for the Roman soldiers had exposed him to the
fatal effects of their resentment. His profound veneration for the
Christian clergy was rewarded by the applause and gratitude of a
powerful order, which has clai