Now in the senate, the capital, and the provinces, the statues of Eutropius were erected in brass or marble, decorated with the symbols of his civil and military virtues, and inscribed with the pompous title of the third founder of Constantinople. He was promoted to the rank of patrician, which began to signify, in a popular and even legal acceptation, the father of the emperor; and the last year of the fourth century was polluted by the consulship of a eunuch and a slave.
The bold and vigorous mind of Rufinus seems to have been actuated by a more sanguinary and revengeful spirit; but the avarice of the eunuch was not less insatiate than that of the prefect. As long as he despoiled the oppressors, who had enriched themselves with the plunder of the people, Eutropius might gratify his covetous disposition without much envy or injustice; but the progress of his rapine soon invaded the wealth which had been acquired by lawful inheritance or laudable industry.
Among the generals and consuls of the East, Abundantius had reason to dread the first effects of the resentment of Eutropius. He had been guilty of the unpardonable crime of introducing that abject slave to the palace of Constantinople; and some degree of praise must be allowed to a powerful and ungrateful favourite who was satisfied with the disgrace of his benefactor. Abundantius was stripped of his ample fortunes by an imperial rescript, and banished to Pityus, on the Euxine, the last frontier of the Roman world, where he subsisted by the precarious mercy of the barbarians, till he could obtain, after the fall of Eutropius, a milder exile at Sidon in Phœnicia.
The destruction of Timasius required a more serious and regular mode of attack. That great officer, the master-general of the armies of Theodosius, had signalised his valour by a decisive victory which he obtained over the Goths of Thessaly; but he was too prone, after the example of his sovereign, to enjoy the luxury of peace and to abandon his confidence to wicked and designing flatterers. Timasius had despised the public clamour, by promoting an infamous dependent to the command of a cohort; and he deserved to feel the ingratitude of Bargus, who was secretly instigated by the favourite to accuse his patron of a treasonable conspiracy.
The general was arraigned before the tribunal of Arcadius himself; and the principal eunuch stood by the side of the throne to suggest the questions and answers of his sovereign. But as this form of trial might be deemed partial and arbitrary, the further inquiry into the crimes of Timasius was delegated to Saturninus and Procopius; the former of consular rank, the latter still respected as the father-in-law of the emperor Valens. The appearances of a fair and legal proceeding were maintained by the blunt honesty of Procopius; and he yielded with reluctance to the obsequious dexterity of his colleague, who pronounced a sentence of condemnation against the unfortunate Timasius. His immense riches were confiscated, in the name of the emperor and for the benefit of the favourite; and he was doomed to perpetual exile at Oasis, a solitary spot in the midst of the sandy deserts of Libya (399).
The public hatred and the despair of individuals, continually threatened, or seemed to threaten, the personal safety of Eutropius, as well as of the numerous adherents who were attached to his fortune and had been promoted by his venal favour. For their mutual defence, he contrived the safeguard of a law, which violated every principle of humanity and justice.
(1) It is enacted, in the name and by the authority of Arcadius, that all those who shall conspire, either with subjects or with strangers, against the lives of any of the persons whom the emperor considers as the members of his own body, shall be punished with death and confiscation.
(2) This extreme severity might, perhaps, be justified, had it been only directed to secure the representatives of the sovereign from any actual violence in the execution of their office. But the whole body of imperial dependents claimed a privilege, or rather impunity, which screened them, in the loosest moments of their lives, from the hasty, perhaps the justifiable, resentment of their fellow-citizens; and, by a strange perversion of the laws, the same degree of guilt and punishment was applied to a private quarrel and to a deliberate conspiracy against the emperor and the empire. The edict of Arcadius most positively and most absurdly declares that, in such cases of treason, thoughts and actions ought to be punished with equal severity; that the knowledge of a mischievous intention, unless it be instantly revealed, becomes equally criminal with the intention itself; and that those rash men who shall presume to solicit the pardon of traitors, shall themselves be branded with public and perpetual infamy.