occasion, either the feelings of his own mind, or the expectations of
the public. The imperious voice of honor and gratitude called aloud
for revenge. From the liberality of Gratian, he had received the
Imperial diadem; his patience would encourage the odious suspicion,
that he was more deeply sensible of former injuries, than of recent
obligations; and if he 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. According to the custom of the age, the images of the three