The Historians' History of the World 06 [The Early Roman Empire]

(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 The most odious parts of this edict were softened or repealed in the subsequent reigns; and even Constantine himself very frequently alleviated, by partial acts of mercy, the stern temper of his general institutions.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.