of the city, on the north side of the Golden Horn, which was in later times called Galata. It is surprising to find that the command of the Imperial forces was committed to Marinus, the Emperor’s influential adviser, who had hitherto been employed only in civil affairs. This exceptional arrangement was due to the attitude of the two Masters of Soldiers in praesenti, Patricius and John, who were personal friends of Vitalian and his father. They hesitated to take command on the ground that if they were defeated they would be suspected of treason. The great financier, however, was equal to the crisis. The issue was decided by a naval battle at the mouth of the Golden Horn, in which the ships of the rebel were completely routed.99 It is related that this victory was achieved by the use of a chemical compound, similar to the Greek fire of later days, which, projected upon the enemy’s ships, set them on fire.100 Marinus then landed his forces at Sycae, slew the rebels whom he found there, and in the evening took up a position on the shores of the Bosphorus.101 In the night Vitalian fled with all the troops that were left to him and reached Anchialus, where he seems to have remained undisturbed during the next three years. The Emperor made a solemn procession to Sosthenion, which Vitalian had made his headquarters, and in the church of St. Michael, for which that place was noted, offered thanks to the archangel for the deliverance. All the rebels did not escape as easily as Vitalian. Tarrach, one of his henchmen, whom he had employed to assassinate Cyril, was burned at Chalcedon, and two others who happened to be taken were put to death.
The Empress Ariadne died in this year.102 Anastasius survived her by three years. He died at the age of eighty on the night of July 8-9, A.D. 518.103 He had no children and made no provision for the succession, though it was probably his intention to designate one of his three nephews, Probus, Pompeius, or Hypatius.104 His last months seem to have been troubled by new hostilities on the part of Vitalian, but the details are unknown to us.105
§ 5. Italy under Theoderic
The rule of the Patrician Theoderic in Italy, if we date it from the battle of the Adda in A.D. 490, lasted thirty-six years. In its general constitutional and administrative principles it was a continuation of the rule of Odovacar. One of the first things Theoderic had to do was to settle his own people in the land, and this settlement was exactly similar to that which had been carried out by his predecessor. The Ostrogoths for the most part replaced Odovacar’s Germans, who had been largely killed or driven out, though some of them who had submitted were permitted to retain their lands. The general principle was the assignment of one-third of the Roman estates to the Goths;106 but the commission which carried out the division was under the presidency of a senator, Liberius, so that we may be sure the senatorial domains were spared so far as possible.
For six years the Emperor Anastasius hesitated to define his attitude to Theoderic,107 but Theoderic carefully refrained from taking any measures that were incompatible with the position of a viceroy or that would render subsequent recognition difficult. At length they came to terms (A.D. 497), and a definite arrangement was made which determined the position of Italy and the status of the Ostrogothic kingdom. Theoderic still held the office of Master of Soldiers which Zeno had conferred upon him. Anastasius confirmed him in this office and recognised him as Governor of Italy under certain conditions, which in their general scope must have corresponded to the arrangement which Zeno had made with Odovacar. These conditions determined the constitutional position of Theoderic.
Under this arrangement Italy remained part of the Empire, and was regarded as such officially both at Rome and at Constantinople. In one sense Theoderic was an independent ruler, but there were a number of limitations to his power, which implied the sovranty of the Emperor and which he loyally observed.108
The position of the Ostrogothic king as a deputy comes out in the fact that he never used the years of his reign for the purpose of dating official documents. It comes out in the fact that he did not claim the right of coining money except in subordination to the Emperor.109 It comes out, above all, in the fact that he did not make laws.110 To make laws, leges in the full sense of the term, was reserved as the supreme prerogative of the Emperor. Ordinances of Theoderic exist, but they are not leges, they are only edicta; and various high officials, especially the Praetorian Prefect, could issue an edictum. Nor was this difference between law and edict, in Theoderic’s case, a mere difference in name. Theoderic did promulgate general edicts, that is, laws which did not apply only to special cases, but were of a general kind permanently valid, and which if they had been enacted by the Emperor would have been called laws. But the Praetorian Prefect had the right of issuing a general edict, provided it did not run counter to any existing law. This meant that he could modify existing laws in particular points, whether in the direction of mildness or of severity, but could not originate any new principle or institution. The ordinances of Theoderic, which are collected in his code known as the Edictum Theoderici, exhibit conformity to this rule. They introduce no novelties, they alter no established principle. We are told that, when Theoderic first appeared in Rome, he addressed the people and promised that he would preserve inviolate all the ordinances of the Emperors in the past.111 Thus in legislation, Theoderic is neither nominally nor actually co-ordinate with the Emperor. His powers in this department are those of a high official, and though he employed them to a greater extent than any Praetorian Prefect could have done, on account of the circumstances of the case, yet his edicts are qualitatively on the same footing.
The right of naming one of the consuls of the year, which had belonged to the Emperor reigning in the West, was transferred by the Emperors Zeno and Anastasius to Odovacar and Theoderic.112 From A.D. 498 Theoderic nominated one of the consuls. On one occasion (A.D. 522) the Emperor Justin waived his own nomination and allowed Theoderic to name both consuls — Symmachus and Boethius. But in exercising this right the Ostrogothic king was bound by one restriction. He could not nominate a Goth; only a Roman could fill the consulship. The single exception corroborates the existence of the rule. In A.D. 519 Eutharic, the king’s son-in-law, was consul. But it is expressly recorded that the nomination was not made by Theoderic; it was made by the Emperor, as a special favour.113
The capitulation which excluded Goths from the consulship extended also to all the civil offices, which were maintained under Ostrogothic rule, as under that of Odovacar.114 There was still the Praetorian Prefect of Italy, and when Theoderic acquired Provence, the office of Praetorian Prefect of Gaul was revived. There was the Vicarius of Rome; there were all the provincial governors, divided as before into the three ranks of consulars, correctors, and praesides. There was the Master of Offices. There were the two great finance ministries.115 There was the Quaestorship of the Palace.116 It may be added that Goths were also excluded from the honorary dignity of Patricius. Under Theoderic no Goth bore that title but Theoderic himself, who had received it from the Emperor.
The Roman Senate, to which Goths on the same principle could not belong, continued to meet and to perform much the same functions which it had performed throughout the fifth century. It was formally recognised by Theoderic as possessing an authority similar to his own.117
If all the civil offices were reserved for the Romans, in the case of military posts it was exactly the reverse. Here it was the Romans who were excluded. The army was entirely Gothic; no Roman was liable to military service; and the officers were naturally Goths.118 Theoderic was the commander of the army, as Master of Soldiers, for, though he did not designate himself by the title, he had retained the office, and no Master of Soldiers was appointed, subordinate to himself.119 Though the old Roman troops and their organisation disappeared, it has been shown that the military arrangements were based in many respects on practices which had existed in Italy under Imperial rule.
The various disabilities of the Ostrogoths which have been described depended on the fact that they were not Roman citizens. They, like the Germans settled by Odovacar, had legally the same status as
