If we are innocent, Albinus is equally entitled to the protection of the laws." These laws might not have punished the simple and barren wish of an unattainable blessing; but they would have shown less indulgence to the rash confession of Boethius, that, had he known of a conspiracy, the tyrant never should.

[94] The advocate of Albinus was soon involved in the danger and perhaps the guilt of his client; their signature (which they denied as a forgery) was affixed to the original address, inviting the emperor to deliver Italy from the Goths; and three witnesses of honorable rank, perhaps of infamous reputation, attested the treasonable designs of the Roman patrician.

[95] Yet his innocence must be presumed, since he was deprived by Theodoric of the means of justification, and rigorously confined in the tower of Pavia, while the senate, at the distance of five hundred miles, pronounced a sentence of confiscation and death against the most illustrious of its members.

At the command of the Barbarians, the occult science of a philosopher was stigmatized with the names of sacrilege and magic.

[96] A devout and dutiful attachment to the senate was condemned as criminal by the trembling voices of the senators themselves; and their ingratitude deserved the wish or prediction of Boethius, that, after him, none should be found guilty of the same offence.