death of the West Emperor Valentinian II, and that its object was to provide two sovrans, one for the East and one for the West. If the division of the Empire had not been contemplated, Honorius would not have been created Augustus in A.D. 393. To avoid a struggle between brothers, the obvious policy was to confer the supreme rank on only one. Before the reign of Basil I in the ninth century, there were few opportunities to depart from this rule of expediency, and it was only violated twice, in both cases with unfortunate consequences.13
But the Caesarship was not the only method employed to signalise an eventual successor. In the third century it became usual to describe the Caesar, the Emperor’s adopted son, as nobilissimus. In the fourth, this became an independent title, denoting a dignity lower than Caesar, but confined to the Imperial family. On two occasions we find nobilissimus used as a sort of preliminary designation.14 But it fell out of use in the fifth century, and apparently was not revived till the eighth, when it was conferred on the youngest members of the large family of Constantine V.15 In the sixth century Justinian introduced a new title, Curopalates, which, inferior to Caesar and nobilissimus, might serve either to designate or simply to honour a member of the Imperial family. We find it used both ways.16 It was a less decided designation than the Caesarship, and a cautious or suspicious sovran might prefer it.
The principle of heredity, which was thus conciliated with the principle of election, gradually gave rise to the view that not only was the Emperor’s son his legitimate successor, but that if he had no male issue, the question of succession would be most naturally and satisfactorily settled by the marriage of a near female relative — daughter, sister, or widow,— and the election of her husband, who would thus continue the dynasty.17 There was a general feeling of attachment to a dynasty, and the history of the Later Empire presents a series of dynasties, with few and brief intervals of unsettlement. During the four centuries between 395 and 802, we have five dynasties, which succeed one another, except in two cases,18 without a break.
Though there was no law excluding women from the succession, yet perhaps we may say that up to the seventh or eighth century it would have been considered not merely politically impossible, but actually illegal, for a woman to exercise the sovran power in her own name. The highest authority on the constitution of the early Empire affirms that her sex did not exclude a woman from the Principate.19 But the title Augusta did not include the proconsular Imperium and the tribunician potestas, which constituted the power of the Princeps, and it is not clear that these could have been conferred legally on a woman or that she could have borne the title Imperator. It is said, and may possibly be true, that Caligula, when he was ill, designated his favourite sister Drusilla as his successor;20 but this does not prove that she could legally have acted as Princeps. Several Empresses virtually shared the exercise of the Imperial authority, bore themselves as co-regents, and enjoyed more power than male co-regents; but their power was de facto, not de jure. Some were virtually sovrans, but they were acting as regents for minors.21 Not till the end of the eighth century do we find a woman, the Empress Irene, exercising sovranty alone and in her own name.22 This was a constitutional innovation. The experiment was only once repeated,23 and only in exceptional circumstances would it have been tolerated. There was a general feeling against a female reign, both as inexpedient and as a violation of tradition.24 Between the fourth and eighth centuries, however, two circumstances may have combined to make it appear no longer illegal. The Greek official term for Imperator was Autokrator, and in the course of time, when Latin was superseded by Greek, and Imperator fell out of use and memory, Autokrator ceased to have the military associations which were attached to its Latin equivalent, and the constitutional incompatibility of the office with the female sex is no longer apparent. In the second place, female regencies prepared the way for Irene’s audacious step. When a new Emperor was a minor, the regency might be entrusted to his mother or an elder sister, whether acting alone or in conjunction with other regents. Irene was regent for her son before she grasped the sole power for herself.
The title of Augusta was always conferred25 on the wife of the Emperor and the wife of the co-regent, and from the seventh century it was frequently conferred on some or all of the Emperor’s daughters. The reigning Augusta might have great political power. In the sixth century, Justinian and Theodora, and Justin II and Sophia, exercised what was virtually a joint rule, but in neither case did the constitutional position of the Empress differ from that of any other consort.
The diadem was definitely introduced by Constantine,26 and it may be considered the supreme symbol of the autocratic sovranty which replaced the magistracy of the earlier Empire. Hitherto the distinguishing mark of the Emperor’s costume had been the purple cloak of the Imperator; and “to assume the purple” continued to be the common expression for elevation to the throne. The crown was an importation from Persia, and it invested the Roman ruler with the same external dignity as the Persian king. In Persia it was placed on the king’s head by the High Priest of the Magian religion.27 In theory the Imperial crown should be imposed by a representative of those who conferred the sovran authority that it symbolised. And in the fourth century we find the Prefect Sallustius Secundus crowning Valentinian I, in whose election he had taken the most prominent part. But the Emperor seems to have felt some hesitation in receiving the diadem from the hands of a subject, and the selection of one magnate for the office was likely to cause jealousy. Yet a formality was necessary. In the fifth century the difficulty was overcome in an ingenious and tactful way. The duty of coronation was assigned to the Patriarch of Constantinople. In discharging this office the Patriarch was not envied by the secular magnates because he could not be their rival, and his ecclesiastical position relieved the Emperor from all embarrassment in receiving the diadem from a subject. There is, as we shall see, some evidence that this plan was adopted in A.D. 450 at the coronation of Marcian, but it seems certain that his successor Leo was crowned by the Patriarch in A.D. 457. Henceforward this was the regular practice. But it was only the practice. It was the regular and desirable mode of coronation, but was never legally indispensable for the autocrat’s inauguration. The last of the East Roman Emperors, Constantine Palaeologus, was not crowned by the Patriarch; he was crowned by a layman.28 This fact that coronation by the Patriarch was not constitutionally necessary is important. It shows that the Patriarch in performing the ceremony was not representing the Church. It is possible that the idea of committing the office to him was suggested by the Persian coronations by the High Priest. But the significance was not the same. The chief of the Magians acted as representative of the Persian religion, the Patriarch acted as representative of the State. If he had specially represented the Church, his co-operation could never have been dispensed with. The consent of the Church was not formally necessary to the inauguration of a sovran.
This point is further illustrated by the fact that when the Emperor appointed a colleague, the junior Augustus was crowned not by the Patriarch but by the Emperor who created him.29
When Augustus founded the Empire, he derived his Imperial authority from the sovranty of the people; and the essence of this principle was retained throughout the duration not only of the Principate but also of the Monarchy; for the Imperial office remained elective, and the electors had the right of deposing the Emperor. But though these rights were never abrogated, there was a tendency, as time went on, to regard the majesty and power of the monarch as resting on something higher than the will of the people. The suggestion of divinity has constantly been the device of autocrats to strengthen and enhance their power; and modern theories of Divine Right are merely a substitute for the old pagan practice of deifying kings. Augustus attempted to throw a sort of halo round his authority by designating himself officially Divi Filius consecration faded, and disappeared entirely with the fall of the Julio-Claudian dynasty. With Aurelian, who foreshadows the new Monarchy, the suggestion of divinity again appears.30 Diocletian and his colleague Maximian are designated as gods and parents of gods.31 The official deification of the Emperor, which seemed in sight at the beginning of the fourth century, was precluded by Christianity; but the consecration of the ruler’s person was
