HISTORY OF THE DECLINE AND FALL OF THE ROMAN EMPIRE

Edward Gibbon, Esq.

With notes by the Rev. H. H. Milman

Vol. 2-17

1782 (Written), 1845 (Revised)

Contents

     Foundation Of Constantinople.—Political System Constantine,
     And His Successors.—Military Discipline.—The Palace.—The
     Finances.

Chapter XVII: Foundation Of Constantinople.—Part I.

     Foundation Of Constantinople.—Political System Constantine,
     And His Successors.—Military Discipline.—The Palace.—The
     Finances.

The unfortunate Licinius was the last rival who opposed the greatness, and the last captive who adorned the triumph, of Constantine. After a tranquil and prosperous reign, the conquerer bequeathed to his family the inheritance of the Roman empire; a new capital, a new policy, and a new religion; and the innovations which he established have been embraced and consecrated by succeeding generations. The age of the great Constantine and his sons is filled with important events; but the historian must be oppressed by their number and variety, unless he diligently separates from each other the scenes which are connected only by the order of time. He will describe the political institutions that gave strength and stability to the empire, before he proceeds to relate the wars and revolutions which hastened its decline. He will adopt the division unknown to the ancients of civil and ecclesiastical affairs: the victory of the Christians, and their intestine discord, will supply copious and distinct materials both for edification and for scandal.

After the defeat and abdication of Licinius, his victorious rival proceeded to lay the foundations of a city destined to reign in future times, the mistress of the East, and to survive the empire and religion of Constantine. The motives, whether of pride or of policy, which first induced Diocletian to withdraw himself from the ancient seat of government, had acquired additional weight by the example of his successors, and the habits of forty years. Rome was insensibly confounded with the dependent kingdoms which had once acknowledged her supremacy; and the country of the Caesars was viewed with cold indifference by a martial prince, born in the neighborhood of the Danube, educated in the courts and armies of Asia, and invested with the purple by the legions of Britain. The Italians, who had received Constantine as their deliverer, submissively obeyed the edicts which he sometimes condescended to address to the senate and people of Rome; but they were seldom honored with the presence of their new sovereign. During the vigor of his age, Constantine, according to the various exigencies of peace and war, moved with slow dignity, or with active diligence, along the frontiers of his extensive dominions; and was always prepared to take the field either against a foreign or a domestic enemy. But as he gradually reached the summit of prosperity and the decline of life, he began to meditate the design of fixing in a more permanent station the strength as well as majesty of the throne. In the choice of an advantageous situation, he preferred the confines of Europe and Asia; to curb with a powerful arm the barbarians who dwelt between the Danube and the Tanais; to watch with an eye of jealousy the conduct of the Persian monarch, who indignantly supported the yoke of an ignominious treaty. With these views, Diocletian had selected and embellished the residence of Nicomedia: but the memory of Diocletian was justly abhorred by the protector of the church: and Constantine was not insensible to the ambition of founding a city which might perpetuate the glory of his own name. During the late operations of the war against Licinius, he had sufficient opportunity to contemplate, both as a soldier and as a statesman, the incomparable position of Byzantium; and to observe how strongly it was guarded by nature against a hostile attack, whilst it was accessible on every side to the benefits of commercial intercourse. Many ages before Constantine, one of the most judicious historians of antiquity [1 had described the advantages of a situation, from whence a feeble colony of Greeks derived the command of the sea, and the honors of a flourishing and independent republic. 2

1 (return)
[ Polybius, l. iv. p. 423, edit. Casaubon. He observes that the peace of the Byzantines was frequently disturbed, and the extent of their territory contracted, by the inroads of the wild Thracians.]

2 (return)
[ The navigator Byzas, who was styled the son of Neptune, founded the city 656 years before the Christian aera. His followers were drawn from Argos and Megara. Byzantium was afterwards rebuild and fortified by the Spartan general Pausanias. See Scaliger Animadvers. ad Euseb. p. 81. Ducange, Constantinopolis, l. i part i. cap 15, 16. With regard to the wars of the Byzantines against Philip, the Gauls, and the kings of Bithynia, we should trust none but the ancient writers who lived before the greatness of the Imperial city had excited a spirit of flattery and fiction.]

If we survey Byzantium in the extent which it acquired with the august name of Constantinople, the figure of the Imperial city may be represented under that of an unequal triangle. The obtuse point, which advances towards the east and the shores of Asia, meets and repels the waves of the Thracian Bosphorus. The northern side of the city is bounded by the harbor; and the southern is washed by the Propontis, or Sea of Marmara. The basis of the triangle is opposed to the west, and terminates the continent of Europe. But the admirable form and division of the circumjacent land and water cannot, without a more ample explanation, be clearly or sufficiently understood. The winding channel through which the waters of the Euxine flow with a rapid and incessant course towards the Mediterranean, received the appellation of Bosphorus, a name not less celebrated in the history, than in the fables, of antiquity. 3 A crowd of temples and of votive altars, profusely scattered along its steep and woody banks, attested the unskilfulness, the terrors, and the devotion of the Grecian navigators, who, after the example of the Argonauts, explored the dangers of the inhospitable Euxine. On these banks tradition long preserved the memory of the palace of Phineus, infested by the obscene harpies; 4 and of the sylvan reign of Amycus, who defied the son of Leda to the combat of the cestus. 5 The straits of the Bosphorus are terminated by the Cyanean rocks, which, according to the description of the poets, had once floated on the face of the waters; and were destined by the gods to protect the entrance of the Euxine against the eye of profane curiosity. 6 From the Cyanean rocks to the point and harbor of Byzantium, the winding length of the Bosphorus extends about sixteen miles, 7 and its most ordinary breadth may be computed at about one mile and a half. The new castles of Europe and Asia are constructed, on either continent, upon the foundations of two celebrated temples, of Serapis and of Jupiter Urius. The old castles, a work of the Greek emperors, command the narrowest part of the channel in a place where the opposite banks advance within five hundred paces of each other. These fortresses were destroyed and strengthened by Mahomet the Second, when he meditated the siege of Constantinople: 8 but the Turkish conqueror was most probably ignorant, that near two thousand years before his reign, Darius had chosen the same situation to connect the two continents by a bridge of boats. 9 At a small distance from the old castles we discover the little town of Chrysopolis, or Scutari, which may almost be considered as the Asiatic suburb of Constantinople. The Bosphorus, as it begins to open into the Propontis, passes between Byzantium and Chalcedon. The latter of those cities was built by the Greeks, a few years before the former; and the blindness of its founders, who overlooked the superior advantages of the opposite coast, has been stigmatized by a proverbial expression of contempt. 10

3 (return)
[ The Bosphorus has been very minutely described by Dionysius of Byzantium, who lived in the time of Domitian, (Hudson, Geograph Minor, tom. iii.,) and by Gilles or Gyllius, a French traveller of the XVIth century. Tournefort (Lettre XV.) seems to have used his own eyes, and the learning of Gyllius. Add Von Hammer, Constantinopolis und der Bosphoros, 8vo.—M.]

4 (return)
[ There are very few conjectures so happy as that of Le Clere, (Bibliotehque Universelle, tom. i. p. 148,) who supposes that the harpies were only locusts. The Syriac or Phoenician name of those insects, their noisy flight, the stench and devastation which they occasion, and the north wind which drives them into the sea, all contribute to form the striking resemblance.]

5 (return)
[ The residence of Amycus was in Asia, between the old and the new castles, at a place called Laurus Insana. That of Phineus was in Europe, near the village of Mauromole and the Black Sea. See Gyllius de Bosph. l. ii. c. 23. Tournefort, Lettre XV.]

6 (return)
[ The deception was occasioned by several pointed rocks, alternately sovered and abandoned by the waves. At present there are two small islands, one towards either shore; that of Europe is distinguished by the column of Pompey.]

7 (return)
[ The ancients computed one hundred and twenty stadia, or fifteen Roman miles. They measured only from the new castles, but they carried the straits as far as the town of Chalcedon.]

8 (return)
[ Ducas. Hist. c. 34. Leunclavius Hist. Turcica Mussulmanica, l. xv. p. 577. Under the Greek empire these castles were used as state prisons, under the tremendous name of Lethe, or towers of oblivion.]

9 (return)
[ Darius engraved in Greek and Assyrian letters, on two marble columns, the names of his subject nations, and the amazing numbers of his land and sea forces. The Byzantines afterwards transported these columns into the city, and used them for the altars of their tutelar deities. Herodotus, l. iv. c. 87.]

10 (return)
[ Namque arctissimo inter Europam Asiamque divortio Byzantium in extrema Europa posuere Greci, quibus, Pythium Apollinem consulentibus ubi conderent urbem, redditum oraculum est, quaererent sedem oecerum terris adversam. Ea ambage Chalcedonii monstrabantur quod priores illuc advecti, praevisa locorum utilitate pejora legissent Tacit. Annal. xii. 63.]

The harbor of Constantinople, which may be considered as an arm of the Bosphorus, obtained, in a very remote period, the denomination of the Golden Horn. The curve which it describes might be compared to the horn of a stag, or as it should seem, with more propriety, to that of an ox. 11 The epithet of golden was expressive of the riches which every wind wafted from the most distant countries into the secure and capacious port of Constantinople. The River Lycus, formed by the conflux of two little streams, pours into the harbor a perpetual supply of fresh water, which serves to cleanse the bottom, and to invite the periodical shoals of fish to seek their retreat in that convenient recess. As the vicissitudes of tides are scarcely felt in those seas, the constant depth of the harbor allows goods to be landed on the quays without the assistance of boats; and it has been observed, that in many places the largest vessels may rest their prows against the houses, while their sterns are floating in the water. 12 From the mouth of the Lycus to that of the harbor, this arm of the Bosphorus is more than seven miles in length. The entrance is about five hundred yards broad, and a strong chain could be occasionally drawn across it, to guard the port and city from the attack of a hostile navy. 13

11 (return)
[ Strabo, l. vii. p. 492, [edit. Casaub.] Most of the antlers are now broken off; or, to speak less figuratively, most of the recesses of the harbor are filled up. See Gill. de Bosphoro Thracio, l. i. c. 5.]

12 (return)
[ Procopius de Aedificiis, l. i. c. 5. His description is confirmed by modern travellers. See Thevenot, part i. l. i. c. 15. Tournefort, Lettre XII. Niebuhr, Voyage d'Arabie, p. 22.]

13 (return)
[ See Ducange, C. P. l. i. part i. c. 16, and his Observations sur Villehardouin, p. 289. The chain was drawn from the Acropolis near the modern Kiosk, to the tower of Galata; and was supported at convenient distances by large wooden piles.]

Between the Bosphorus and the Hellespont, the shores of Europe and Asia, receding on either side, enclose the sea of Marmara, which was known to the ancients by the denomination of Propontis. The navigation from the issue of the Bosphorus to the entrance of the Hellespont is about one hundred and twenty miles.

Those who steer their westward course through the middle of the Propontis, may at once descry the high lands of Thrace and Bithynia, and never lose sight of the lofty summit of Mount Olympus, covered with eternal snows. 14 They leave on the left a deep gulf, at the bottom of which Nicomedia was seated, the Imperial residence of Diocletian; and they pass the small islands of Cyzicus and Proconnesus before they cast anchor at Gallipoli; where the sea, which separates Asia from Europe, is again contracted into a narrow channel.

14 (return)
[ Thevenot (Voyages au Levant, part i. l. i. c. 14) contracts the measure to 125 small Greek miles. Belon (Observations, l. ii. c. 1.) gives a good description of the Propontis, but contents himself with the vague expression of one day and one night's sail. When Sandy's (Travels, p. 21) talks of 150 furlongs in length, as well as breadth we can only suppose some mistake of the press in the text of that judicious traveller.]

The geographers who, with the most skilful accuracy, have surveyed the form and extent of the Hellespont, assign about sixty miles for the winding course, and about three miles for the ordinary breadth of those celebrated straits. 15 But the narrowest part of the channel is found to the northward of the old Turkish castles between the cities of Sestus and Abydus. It was here that the adventurous Leander braved the passage of the flood for the possession of his mistress. 16 It was here likewise, in a place where the distance between the opposite banks cannot exceed five hundred paces, that Xerxes imposed a stupendous bridge of boats, for the purpose of transporting into Europe a hundred and seventy myriads of barbarians. 17 A sea contracted within such narrow limits may seem but ill to deserve the singular epithet of broad, which Homer, as well as Orpheus, has frequently bestowed on the Hellespont. 1711 But our ideas of greatness are of a relative nature: the traveller, and especially the poet, who sailed along the Hellespont, who pursued the windings of the stream, and contemplated the rural scenery, which appeared on every side to terminate the prospect, insensibly lost the remembrance of the sea; and his fancy painted those celebrated straits, with all the attributes of a mighty river flowing with a swift current, in the midst of a woody and inland country, and at length, through a wide mouth, discharging itself into the Aegean or Archipelago. 18 Ancient Troy, 19 seated on a an eminence at the foot of Mount Ida, overlooked the mouth of the Hellespont, which scarcely received an accession of waters from the tribute of those immortal rivulets the Simois and Scamander. The Grecian camp had stretched twelve miles along the shore from the Sigaean to the Rhaetean promontory; and the flanks of the army were guarded by the bravest chiefs who fought under the banners of Agamemnon. The first of those promontories was occupied by Achilles with his invincible myrmidons, and the dauntless Ajax pitched his tents on the other. After Ajax had fallen a sacrifice to his disappointed pride, and to the ingratitude of the Greeks, his sepulchre was erected on the ground where he had defended the navy against the rage of Jove and of Hector; and the citizens of the rising town of Rhaeteum celebrated his memory with divine honors. 20 Before Constantine gave a just preference to the situation of Byzantium, he had conceived the design of erecting the seat of empire on this celebrated spot, from whence the Romans derived their fabulous origin. The extensive plain which lies below ancient Troy, towards the Rhaetean promontory and the tomb of Ajax, was first chosen for his new capital; and though the undertaking was soon relinquished the stately remains of unfinished walls and towers attracted the notice of all who sailed through the straits of the Hellespont. 21

15 (return)
[ See an admirable dissertation of M. d'Anville upon the Hellespont or Dardanelles, in the Memoires tom. xxviii. p. 318—346. Yet even that ingenious geographer is too fond of supposing new, and perhaps imaginary measures, for the purpose of rendering ancient writers as accurate as himself. The stadia employed by Herodotus in the description of the Euxine, the Bosphorus, &c., (l. iv. c. 85,) must undoubtedly be all of the same species; but it seems impossible to reconcile them either with truth or with each other.]

16 (return)
[ The oblique distance between Sestus and Abydus was thirty stadia. The improbable tale of Hero and Leander is exposed by M. Mahudel, but is defended on the authority of poets and medals by M. de la Nauze. See the Academie des Inscriptions, tom. vii. Hist. p. 74. elem. p. 240. Note: The practical illustration of the possibility of Leander's feat by Lord Byron and other English swimmers is too well known to need particularly reference—M.]

17 (return)
[ See the seventh book of Herodotus, who has erected an elegant trophy to his own fame and to that of his country. The review appears to have been made with tolerable accuracy; but the vanity, first of the Persians, and afterwards of the Greeks, was interested to magnify the armament and the victory. I should much doubt whether the invaders have ever outnumbered the men of any country which they attacked.]

1711 (return)
[ Gibbon does not allow greater width between the two nearest points of the shores of the Hellespont than between those of the Bosphorus; yet all the ancient writers speak of the Hellespontic strait as broader than the other: they agree in giving it seven stadia in its narrowest width, (Herod. in Melp. c. 85. Polym. c. 34. Strabo, p. 591. Plin. iv. c. 12.) which make 875 paces. It is singular that Gibbon, who in the fifteenth note of this chapter reproaches d'Anville with being fond of supposing new and perhaps imaginary measures, has here adopted the peculiar measurement which d'Anville has assigned to the stadium. This great geographer believes that the ancients had a stadium of fifty-one toises, and it is that which he applies to the walls of Babylon. Now, seven of these stadia are equal to about 500 paces, 7 stadia = 2142 feet: 500 paces = 2135 feet 5 inches.—G. See Rennell, Geog. of Herod. p. 121. Add Ukert, Geographie der Griechen und Romer, v. i. p. 2, 71.—M.]

18 (return)
[ See Wood's Observations on Homer, p. 320. I have, with pleasure, selected this remark from an author who in general seems to have disappointed the expectation of the public as a critic, and still more as a traveller. He had visited the banks of the Hellespont; and had read Strabo; he ought to have consulted the Roman itineraries. How was it possible for him to confound Ilium and Alexandria Troas, (Observations, p. 340, 341,) two cities which were sixteen miles distant from each other? * Note: Compare Walpole's Memoirs on Turkey, v. i. p. 101. Dr. Clarke adopted Mr. Walpole's interpretation of the salt Hellespont. But the old interpretation is more graphic and Homeric. Clarke's Travels, ii. 70.—M.]

19 (return)
[ Demetrius of Scepsis wrote sixty books on thirty lines of Homer's catalogue. The XIIIth Book of Strabo is sufficient for our curiosity.]

20 (return)
[ Strabo, l. xiii. p. 595, [890, edit. Casaub.] The disposition of the ships, which were drawn upon dry land, and the posts of Ajax and Achilles, are very clearly described by Homer. See Iliad, ix. 220.]

21 (return)
[ Zosim. l. ii. [c. 30,] p. 105. Sozomen, l. ii. c. 3. Theophanes, p. 18. Nicephorus Callistus, l. vii. p. 48. Zonaras, tom. ii. l. xiii. p. 6. Zosimus places the new city between Ilium and Alexandria, but this apparent difference may be reconciled by the large extent of its circumference. Before the foundation of Constantinople, Thessalonica is mentioned by Cedrenus, (p. 283,) and Sardica by Zonaras, as the intended capital. They both suppose with very little probability, that the emperor, if he had not been prevented by a prodigy, would have repeated the mistake of the blind Chalcedonians.]

We are at present qualified to view the advantageous position of Constantinople; which appears to have been formed by nature for the centre and capital of a great monarchy. Situated in the forty-first degree of latitude, the Imperial city commanded, from her seven hills, 22 the opposite shores of Europe and Asia; the climate was healthy and temperate, the soil fertile, the harbor secure and capacious; and the approach on the side of the continent was of small extent and easy defence. The Bosphorus and the Hellespont may be considered as the two gates of Constantinople; and the prince who possessed those important passages could always shut them against a naval enemy, and open them to the fleets of commerce. The preservation of the eastern provinces may, in some degree, be ascribed to the policy of Constantine, as the barbarians of the Euxine, who in the preceding age had poured their armaments into the heart of the Mediterranean, soon desisted from the exercise of piracy, and despaired of forcing this insurmountable barrier. When the gates of the Hellespont and Bosphorus were shut, the capital still enjoyed within their spacious enclosure every production which could supply the wants, or gratify the luxury, of its numerous inhabitants. The sea-coasts of Thrace and Bithynia, which languish under the weight of Turkish oppression, still exhibit a rich prospect of vineyards, of gardens, and of plentiful harvests; and the Propontis has ever been renowned for an inexhaustible store of the most exquisite fish, that are taken in their stated seasons, without skill, and almost without labor. 23 But when the passages of the straits were thrown open for trade, they alternately admitted the natural and artificial riches of the north and south, of the Euxine, and of the Mediterranean. Whatever rude commodities were collected in the forests of Germany and Scythia, and far as the sources of the Tanais and the Borysthenes; whatsoever was manufactured by the skill of Europe or Asia; the corn of Egypt, and the gems and spices of the farthest India, were brought by the varying winds into the port of Constantinople, which for many ages attracted the commerce of the ancient world. 24

[See Basilica Of Constantinople]

22 (return)
[ Pocock's Description of the East, vol. ii. part ii. p. 127. His plan of the seven hills is clear and accurate. That traveller is seldom unsatisfactory.]

23 (return)
[ See Belon, Observations, c. 72—76. Among a variety of different species, the Pelamides, a sort of Thunnies, were the most celebrated. We may learn from Polybius, Strabo, and Tacitus, that the profits of the fishery constituted the principal revenue of Byzantium.]

24 (return)
[ See the eloquent description of Busbequius, epistol. i. p. 64. Est in Europa; habet in conspectu Asiam, Egyptum. Africamque a dextra: quae tametsi contiguae non sunt, maris tamen navigandique commoditate veluti junguntur. A sinistra vero Pontus est Euxinus, &c.]

The prospect of beauty, of safety, and of wealth, united in a single spot, was sufficient to justify the choice of Constantine. But as some decent mixture of prodigy and fable has, in every age, been supposed to reflect a becoming majesty on the origin of great cities, 25 the emperor was desirous of ascribing his resolution, not so much to the uncertain counsels of human policy, as to the infallible and eternal decrees of divine wisdom. In one of his laws he has been careful to instruct posterity, that in obedience to the commands of God, he laid the everlasting foundations of Constantinople: 26 and though he has not condescended to relate in what manner the celestial inspiration was communicated to his mind, the defect of his modest silence has been liberally supplied by the ingenuity of succeeding writers; who describe the nocturnal vision which appeared to the fancy of Constantine, as he slept within the walls of Byzantium. The tutelar genius of the city, a venerable matron sinking under the weight of years and infirmities, was suddenly transformed into a blooming maid, whom his own hands adorned with all the symbols of Imperial greatness. 27 The monarch awoke, interpreted the auspicious omen, and obeyed, without hesitation, the will of Heaven The day which gave birth to a city or colony was celebrated by the Romans with such ceremonies as had been ordained by a generous superstition; 28 and though Constantine might omit some rites which savored too strongly of their Pagan origin, yet he was anxious to leave a deep impression of hope and respect on the minds of the spectators. On foot, with a lance in his hand, the emperor himself led the solemn procession; and directed the line, which was traced as the boundary of the destined capital: till the growing circumference was observed with astonishment by the assistants, who, at length, ventured to observe, that he had already exceeded the most ample measure of a great city. "I shall still advance," replied Constantine, "till He, the invisible guide who marches before me, thinks proper to stop." 29 Without presuming to investigate the nature or motives of this extraordinary conductor, we shall content ourselves with the more humble task of describing the extent and limits of Constantinople. 30

25 (return)
[ Datur haec venia antiquitati, ut miscendo humana divinis, primordia urbium augustiora faciat. T. Liv. in prooem.]

26 (return)
[ He says in one of his laws, pro commoditate urbis quam aeteras nomine, jubente Deo, donavimus. Cod. Theodos. l. xiii. tit. v. leg. 7.]

27 (return)
[ The Greeks, Theophanes, Cedrenus, and the author of the Alexandrian Chronicle, confine themselves to vague and general expressions. For a more particular account of the vision, we are obliged to have recourse to such Latin writers as William of Malmesbury. See Ducange, C. P. l. i. p. 24, 25.]

28 (return)
[ See Plutarch in Romul. tom. i. p. 49, edit. Bryan. Among other ceremonies, a large hole, which had been dug for that purpose, was filled up with handfuls of earth, which each of the settlers brought from the place of his birth, and thus adopted his new country.]

29 (return)
[ Philostorgius, l. ii. c. 9. This incident, though borrowed from a suspected writer, is characteristic and probable.]

30 (return)
[ See in the Memoires de l'Academie, tom. xxxv p. 747-758, a dissertation of M. d'Anville on the extent of Constantinople. He takes the plan inserted in the Imperium Orientale of Banduri as the most complete; but, by a series of very nice observations, he reduced the extravagant proportion of the scale, and instead of 9500, determines the circumference of the city as consisting of about 7800 French toises.]

In the actual state of the city, the palace and gardens of the Seraglio occupy the eastern promontory, the first of the seven hills, and cover about one hundred and fifty acres of our own measure. The seat of Turkish jealousy and despotism is erected on the foundations of a Grecian republic; but it may be supposed that the Byzantines were tempted by the conveniency of the harbor to extend their habitations on that side beyond the modern limits of the Seraglio. The new walls of Constantine stretched from the port to the Propontis across the enlarged breadth of the triangle, at the distance of fifteen stadia from the ancient fortification; and with the city of Byzantium they enclosed five of the seven hills, which, to the eyes of those who approach Constantinople, appear to rise above each other in beautiful order. 31 About a century after the death of the founder, the new buildings, extending on one side up the harbor, and on the other along the Propontis, already covered the narrow ridge of the sixth, and the broad summit of the seventh hill. The necessity of protecting those suburbs from the incessant inroads of the barbarians engaged the younger Theodosius to surround his capital with an adequate and permanent enclosure of walls. 32 From the eastern promontory to the golden gate, the extreme length of Constantinople was about three Roman miles; 33 the circumference measured between ten and eleven; and the surface might be computed as equal to about two thousand English acres. It is impossible to justify the vain and credulous exaggerations of modern travellers, who have sometimes stretched the limits of Constantinople over the adjacent villages of the European, and even of the Asiatic coast. 34 But the suburbs of Pera and Galata, though situate beyond the harbor, may deserve to be considered as a part of the city; 35 and this addition may perhaps authorize the measure of a Byzantine historian, who assigns sixteen Greek (about fourteen Roman) miles for the circumference of his native city. 36 Such an extent may not seem unworthy of an Imperial residence. Yet Constantinople must yield to Babylon and Thebes, 37 to ancient Rome, to London, and even to Paris. 38

31 (return)
[ Codinus, Antiquitat. Const. p. 12. He assigns the church of St. Anthony as the boundary on the side of the harbor. It is mentioned in Ducange, l. iv. c. 6; but I have tried, without success, to discover the exact place where it was situated.]

32 (return)
[ The new wall of Theodosius was constructed in the year 413. In 447 it was thrown down by an earthquake, and rebuilt in three months by the diligence of the praefect Cyrus. The suburb of the Blanchernae was first taken into the city in the reign of Heraclius Ducange, Const. l. i. c. 10, 11.]

33 (return)
[ The measurement is expressed in the Notitia by 14,075 feet. It is reasonable to suppose that these were Greek feet, the proportion of which has been ingeniously determined by M. d'Anville. He compares the 180 feet with 78 Hashemite cubits, which in different writers are assigned for the heights of St. Sophia. Each of these cubits was equal to 27 French inches.]

34 (return)
[ The accurate Thevenot (l. i. c. 15) walked in one hour and three quarters round two of the sides of the triangle, from the Kiosk of the Seraglio to the seven towers. D'Anville examines with care, and receives with confidence, this decisive testimony, which gives a circumference of ten or twelve miles. The extravagant computation of Tournefort (Lettre XI) of thirty-tour or thirty miles, without including Scutari, is a strange departure from his usual character.]

35 (return)
[ The sycae, or fig-trees, formed the thirteenth region, and were very much embellished by Justinian. It has since borne the names of Pera and Galata. The etymology of the former is obvious; that of the latter is unknown. See Ducange, Const. l. i. c. 22, and Gyllius de Byzant. l. iv. c. 10.]

36 (return)
[ One hundred and eleven stadia, which may be translated into modern Greek miles each of seven stadia, or 660, sometimes only 600 French toises. See D'Anville, Mesures Itineraires, p. 53.]

37 (return)
[ When the ancient texts, which describe the size of Babylon and Thebes, are settled, the exaggerations reduced, and the measures ascertained, we find that those famous cities filled the great but not incredible circumference of about twenty-five or thirty miles. Compare D'Anville, Mem. de l'Academie, tom. xxviii. p. 235, with his Description de l'Egypte, p. 201, 202.]

38 (return)
[ If we divide Constantinople and Paris into equal squares of 50 French toises, the former contains 850, and the latter 1160, of those divisions.]

Chapter XVII: Foundation Of Constantinople.—Part II.

The master of the Roman world, who aspired to erect an eternal monument of the glories of his reign could employ in the prosecution of that great work, the wealth, the labor, and all that yet remained of the genius of obedient millions. Some estimate may be formed of the expense bestowed with Imperial liberality on the foundation of Constantinople, by the allowance of about two millions five hundred thousand pounds for the construction of the walls, the porticos, and the aqueducts. 39 The forests that overshadowed the shores of the Euxine, and the celebrated quarries of white marble in the little island of Proconnesus, supplied an inexhaustible stock of materials, ready to be conveyed, by the convenience of a short water carriage, to the harbor of Byzantium. 40 A multitude of laborers and artificers urged the conclusion of the work with incessant toil: but the impatience of Constantine soon discovered, that, in the decline of the arts, the skill as well as numbers of his architects bore a very unequal proportion to the greatness of his designs. The magistrates of the most distant provinces were therefore directed to institute schools, to appoint professors, and by the hopes of rewards and privileges, to engage in the study and practice of architecture a sufficient number of ingenious youths, who had received a liberal education. 41 The buildings of the new city were executed by such artificers as the reign of Constantine could afford; but they were decorated by the hands of the most celebrated masters of the age of Pericles and Alexander. To revive the genius of Phidias and Lysippus, surpassed indeed the power of a Roman emperor; but the immortal productions which they had bequeathed to posterity were exposed without defence to the rapacious vanity of a despot. By his commands the cities of Greece and Asia were despoiled of their most valuable ornaments. 42 The trophies of memorable wars, the objects of religious veneration, the most finished statues of the gods and heroes, of the sages and poets, of ancient times, contributed to the splendid triumph of Constantinople; and gave occasion to the remark of the historian Cedrenus, 43 who observes, with some enthusiasm, that nothing seemed wanting except the souls of the illustrious men whom these admirable monuments were intended to represent. But it is not in the city of Constantine, nor in the declining period of an empire, when the human mind was depressed by civil and religious slavery, that we should seek for the souls of Homer and of Demosthenes.

39 (return)
[ Six hundred centenaries, or sixty thousand pounds' weight of gold. This sum is taken from Codinus, Antiquit. Const. p. 11; but unless that contemptible author had derived his information from some purer sources, he would probably have been unacquainted with so obsolete a mode of reckoning.]

40 (return)
[ For the forests of the Black Sea, consult Tournefort, Lettre XVI. for the marble quarries of Proconnesus, see Strabo, l. xiii. p. 588, (881, edit. Casaub.) The latter had already furnished the materials of the stately buildings of Cyzicus.]

41 (return)
[ See the Codex Theodos. l. xiii. tit. iv. leg. 1. This law is dated in the year 334, and was addressed to the praefect of Italy, whose jurisdiction extended over Africa. The commentary of Godefroy on the whole title well deserves to be consulted.]

42 (return)
[ Constantinopolis dedicatur poene omnium urbium nuditate. Hieronym. Chron. p. 181. See Codinus, p. 8, 9. The author of the Antiquitat. Const. l. iii. (apud Banduri Imp. Orient. tom. i. p. 41) enumerates Rome, Sicily, Antioch, Athens, and a long list of other cities. The provinces of Greece and Asia Minor may be supposed to have yielded the richest booty.]

43 (return)
[ Hist. Compend. p. 369. He describes the statue, or rather bust, of Homer with a degree of taste which plainly indicates that Cadrenus copied the style of a more fortunate age.]

During the siege of Byzantium, the conqueror had pitched his tent on the commanding eminence of the second hill. To perpetuate the memory of his success, he chose the same advantageous position for the principal Forum; 44 which appears to have been of a circular, or rather elliptical form. The two opposite entrances formed triumphal arches; the porticos, which enclosed it on every side, were filled with statues; and the centre of the Forum was occupied by a lofty column, of which a mutilated fragment is now degraded by the appellation of the burnt pillar. This column was erected on a pedestal of white marble twenty feet high; and was composed of ten pieces of porphyry, each of which measured about ten feet in height, and about thirty-three in circumference. 45 On the summit of the pillar, above one hundred and twenty feet from the ground, stood the colossal statue of Apollo. It was a bronze, had been transported either from Athens or from a town of Phrygia, and was supposed to be the work of Phidias. The artist had represented the god of day, or, as it was afterwards interpreted, the emperor Constantine himself, with a sceptre in his right hand, the globe of the world in his left, and a crown of rays glittering on his head. 46 The Circus, or Hippodrome, was a stately building about four hundred paces in length, and one hundred in breadth. 47 The space between the two metoe or goals were filled with statues and obelisks; and we may still remark a very singular fragment of antiquity; the bodies of three serpents, twisted into one pillar of brass. Their triple heads had once supported the golden tripod which, after the defeat of Xerxes, was consecrated in the temple of Delphi by the victorious Greeks. 48 The beauty of the Hippodrome has been long since defaced by the rude hands of the Turkish conquerors; 4811 but, under the similar appellation of Atmeidan, it still serves as a place of exercise for their horses. From the throne, whence the emperor viewed the Circensian games, a winding staircase 49 descended to the palace; a magnificent edifice, which scarcely yielded to the residence of Rome itself, and which, together with the dependent courts, gardens, and porticos, covered a considerable extent of ground upon the banks of the Propontis between the Hippodrome and the church of St. Sophia. 50 We might likewise celebrate the baths, which still retained the name of Zeuxippus, after they had been enriched, by the munificence of Constantine, with lofty columns, various marbles, and above threescore statues of bronze. 51 But we should deviate from the design of this history, if we attempted minutely to describe the different buildings or quarters of the city. It may be sufficient to observe, that whatever could adorn the dignity of a great capital, or contribute to the benefit or pleasure of its numerous inhabitants, was contained within the walls of Constantinople. A particular description, composed about a century after its foundation, enumerates a capitol or school of learning, a circus, two theatres, eight public, and one hundred and fifty-three private baths, fifty-two porticos, five granaries, eight aqueducts or reservoirs of water, four spacious halls for the meetings of the senate or courts of justice, fourteen churches, fourteen palaces, and four thousand three hundred and eighty-eight houses, which, for their size or beauty, deserved to be distinguished from the multitude of plebeian inhabitants. 52

44 (return)
[ Zosim. l. ii. p. 106. Chron. Alexandrin. vel Paschal. p. 284, Ducange, Const. l. i. c. 24. Even the last of those writers seems to confound the Forum of Constantine with the Augusteum, or court of the palace. I am not satisfied whether I have properly distinguished what belongs to the one and the other.]

45 (return)
[ The most tolerable account of this column is given by Pocock. Description of the East, vol. ii. part ii. p. 131. But it is still in many instances perplexed and unsatisfactory.]

46 (return)
[ Ducange, Const. l. i. c. 24, p. 76, and his notes ad Alexiad. p. 382. The statue of Constantine or Apollo was thrown down under the reign of Alexius Comnenus. * Note: On this column (says M. von Hammer) Constantine, with singular shamelessness, placed his own statue with the attributes of Apollo and Christ. He substituted the nails of the Passion for the rays of the sun. Such is the direct testimony of the author of the Antiquit. Constantinop. apud Banduri. Constantine was replaced by the "great and religious" Julian, Julian, by Theodosius. A. D. 1412, the key stone was loosened by an earthquake. The statue fell in the reign of Alexius Comnenus, and was replaced by the cross. The Palladium was said to be buried under the pillar. Von Hammer, Constantinopolis und der Bosporos, i. 162.—M.]

47 (return)
[ Tournefort (Lettre XII.) computes the Atmeidan at four hundred paces. If he means geometrical paces of five feet each, it was three hundred toises in length, about forty more than the great circus of Rome. See D'Anville, Mesures Itineraires, p. 73.]

48 (return)
[ The guardians of the most holy relics would rejoice if they were able to produce such a chain of evidence as may be alleged on this occasion. See Banduri ad Antiquitat. Const. p. 668. Gyllius de Byzant. l. ii. c. 13. 1. The original consecration of the tripod and pillar in the temple of Delphi may be proved from Herodotus and Pausanias. 2. The Pagan Zosimus agrees with the three ecclesiastical historians, Eusebius, Socrates, and Sozomen, that the sacred ornaments of the temple of Delphi were removed to Constantinople by the order of Constantine; and among these the serpentine pillar of the Hippodrome is particularly mentioned. 3. All the European travellers who have visited Constantinople, from Buondelmonte to Pocock, describe it in the same place, and almost in the same manner; the differences between them are occasioned only by the injuries which it has sustained from the Turks. Mahomet the Second broke the under jaw of one of the serpents with a stroke of his battle axe Thevenot, l. i. c. 17. * Note: See note 75, ch. lxviii. for Dr. Clarke's rejection of Thevenot's authority. Von Hammer, however, repeats the story of Thevenot without questioning its authenticity.—M.]

4811 (return)
[ In 1808 the Janizaries revolted against the vizier Mustapha Baisactar, who wished to introduce a new system of military organization, besieged the quarter of the Hippodrome, in which stood the palace of the viziers, and the Hippodrome was consumed in the conflagration.—G.]

49 (return)
[ The Latin name Cochlea was adopted by the Greeks, and very frequently occurs in the Byzantine history. Ducange, Const. i. c. l, p. 104.]

50 (return)
[ There are three topographical points which indicate the situation of the palace. 1. The staircase which connected it with the Hippodrome or Atmeidan. 2. A small artificial port on the Propontis, from whence there was an easy ascent, by a flight of marble steps, to the gardens of the palace. 3. The Augusteum was a spacious court, one side of which was occupied by the front of the palace, and another by the church of St. Sophia.]

51 (return)
[ Zeuxippus was an epithet of Jupiter, and the baths were a part of old Byzantium. The difficulty of assigning their true situation has not been felt by Ducange. History seems to connect them with St. Sophia and the palace; but the original plan inserted in Banduri places them on the other side of the city, near the harbor. For their beauties, see Chron. Paschal. p. 285, and Gyllius de Byzant. l. ii. c. 7. Christodorus (see Antiquitat. Const. l. vii.) composed inscriptions in verse for each of the statues. He was a Theban poet in genius as well as in birth:—Baeotum in crasso jurares aere natum. * Note: Yet, for his age, the description of the statues of Hecuba and of Homer are by no means without merit. See Antholog. Palat. (edit. Jacobs) i. 37—M.]

52 (return)
[ See the Notitia. Rome only reckoned 1780 large houses, domus; but the word must have had a more dignified signification. No insulae are mentioned at Constantinople. The old capital consisted of 42 streets, the new of 322.]

The populousness of his favored city was the next and most serious object of the attention of its founder. In the dark ages which succeeded the translation of the empire, the remote and the immediate consequences of that memorable event were strangely confounded by the vanity of the Greeks and the credulity of the Latins. 53 It was asserted, and believed, that all the noble families of Rome, the senate, and the equestrian order, with their innumerable attendants, had followed their emperor to the banks of the Propontis; that a spurious race of strangers and plebeians was left to possess the solitude of the ancient capital; and that the lands of Italy, long since converted into gardens, were at once deprived of cultivation and inhabitants. 54 In the course of this history, such exaggerations will be reduced to their just value: yet, since the growth of Constantinople cannot be ascribed to the general increase of mankind and of industry, it must be admitted that this artificial colony was raised at the expense of the ancient cities of the empire. Many opulent senators of Rome, and of the eastern provinces, were probably invited by Constantine to adopt for their country the fortunate spot, which he had chosen for his own residence. The invitations of a master are scarcely to be distinguished from commands; and the liberality of the emperor obtained a ready and cheerful obedience. He bestowed on his favorites the palaces which he had built in the several quarters of the city, assigned them lands and pensions for the support of their dignity, 55 and alienated the demesnes of Pontus and Asia to grant hereditary estates by the easy tenure of maintaining a house in the capital. 56 But these encouragements and obligations soon became superfluous, and were gradually abolished. Wherever the seat of government is fixed, a considerable part of the public revenue will be expended by the prince himself, by his ministers, by the officers of justice, and by the domestics of the palace. The most wealthy of the provincials will be attracted by the powerful motives of interest and duty, of amusement and curiosity. A third and more numerous class of inhabitants will insensibly be formed, of servants, of artificers, and of merchants, who derive their subsistence from their own labor, and from the wants or luxury of the superior ranks. In less than a century, Constantinople disputed with Rome itself the preeminence of riches and numbers. New piles of buildings, crowded together with too little regard to health or convenience, scarcely allowed the intervals of narrow streets for the perpetual throng of men, of horses, and of carriages. The allotted space of ground was insufficient to contain the increasing people; and the additional foundations, which, on either side, were advanced into the sea, might alone have composed a very considerable city. 57

53 (return)
[ Liutprand, Legatio ad Imp. Nicephornm, p. 153. The modern Greeks have strangely disfigured the antiquities of Constantinople. We might excuse the errors of the Turkish or Arabian writers; but it is somewhat astonishing, that the Greeks, who had access to the authentic materials preserved in their own language, should prefer fiction to truth, and loose tradition to genuine history. In a single page of Codinus we may detect twelve unpardonable mistakes; the reconciliation of Severus and Niger, the marriage of their son and daughter, the siege of Byzantium by the Macedonians, the invasion of the Gauls, which recalled Severus to Rome, the sixty years which elapsed from his death to the foundation of Constantinople, &c.]

54 (return)
[ Montesquieu, Grandeur et Decadence des Romains, c. 17.]

55 (return)
[ Themist. Orat. iii. p. 48, edit. Hardouin. Sozomen, l. ii. c. 3. Zosim. l. ii. p. 107. Anonym. Valesian. p. 715. If we could credit Codinus, (p. 10,) Constantine built houses for the senators on the exact model of their Roman palaces, and gratified them, as well as himself, with the pleasure of an agreeable surprise; but the whole story is full of fictions and inconsistencies.]

56 (return)
[ The law by which the younger Theodosius, in the year 438, abolished this tenure, may be found among the Novellae of that emperor at the end of the Theodosian Code, tom. vi. nov. 12. M. de Tillemont (Hist. des Empereurs, tom. iv. p. 371) has evidently mistaken the nature of these estates. With a grant from the Imperial demesnes, the same condition was accepted as a favor, which would justly have been deemed a hardship, if it had been imposed upon private property.]

57 (return)
[ The passages of Zosimus, of Eunapius, of Sozomen, and of Agathias, which relate to the increase of buildings and inhabitants at Constantinople, are collected and connected by Gyllius de Byzant. l. i. c. 3. Sidonius Apollinaris (in Panegyr. Anthem. 56, p. 279, edit. Sirmond) describes the moles that were pushed forwards into the sea, they consisted of the famous Puzzolan sand, which hardens in the water.]

The frequent and regular distributions of wine and oil, of corn or bread, of money or provisions, had almost exempted the poorest citizens of Rome from the necessity of labor. The magnificence of the first Caesars was in some measure imitated by the founder of Constantinople: 58 but his liberality, however it might excite the applause of the people, has in curred the censure of posterity. A nation of legislators and conquerors might assert their claim to the harvests of Africa, which had been purchased with their blood; and it was artfully contrived by Augustus, that, in the enjoyment of plenty, the Romans should lose the memory of freedom. But the prodigality of Constantine could not be excused by any consideration either of public or private interest; and the annual tribute of corn imposed upon Egypt for the benefit of his new capital, was applied to feed a lazy and insolent populace, at the expense of the husbandmen of an industrious province. 59 5911 Some other regulations of this emperor are less liable to blame, but they are less deserving of notice. He divided Constantinople into fourteen regions or quarters, 60 dignified the public council with the appellation of senate, 61 communicated to the citizens the privileges of Italy, 62 and bestowed on the rising city the title of Colony, the first and most favored daughter of ancient Rome. The venerable parent still maintained the legal and acknowledged supremacy, which was due to her age, her dignity, and to the remembrance of her former greatness. 63

58 (return)
[ Sozomen, l. ii. c. 3. Philostorg. l. ii. c. 9. Codin. Antiquitat. Const. p. 8. It appears by Socrates, l. ii. c. 13, that the daily allowance of the city consisted of eight myriads of which we may either translate, with Valesius, by the words modii of corn, or consider us expressive of the number of loaves of bread. * Note: At Rome the poorer citizens who received these gratuities were inscribed in a register; they had only a personal right. Constantine attached the right to the houses in his new capital, to engage the lower classes of the people to build their houses with expedition. Codex Therodos. l. xiv.—G.]

59 (return)
[ See Cod. Theodos. l. xiii. and xiv., and Cod. Justinian. Edict. xii. tom. ii. p. 648, edit. Genev. See the beautiful complaint of Rome in the poem of Claudian de Bell. Gildonico, ver. 46-64.——Cum subiit par Roma mihi, divisaque sumsit Aequales aurora togas; Aegyptia rura In partem cessere novam.]

5911 (return)
[ This was also at the expense of Rome. The emperor ordered that the fleet of Alexandria should transport to Constantinople the grain of Egypt which it carried before to Rome: this grain supplied Rome during four months of the year. Claudian has described with force the famine occasioned by this measure:—

     Haec nobis, haec ante dabas; nunc pabula tantum 
     Roma precor: miserere tuae; pater optime, gentis: 
     Extremam defende famem. Claud. de Bell. Gildon. v. 34.—G.

It was scarcely this measure. Gildo had cut off the African as well as the Egyptian supplies.—M.]

60 (return)
[ The regions of Constantinople are mentioned in the code of Justinian, and particularly described in the Notitia of the younger Theodosius; but as the four last of them are not included within the wall of Constantine, it may be doubted whether this division of the city should be referred to the founder.]

61 (return)
[ Senatum constituit secundi ordinis; Claros vocavit. Anonym Valesian. p. 715. The senators of old Rome were styled Clarissimi. See a curious note of Valesius ad Ammian. Marcellin. xxii. 9. From the eleventh epistle of Julian, it should seem that the place of senator was considered as a burden, rather than as an honor; but the Abbe de la Bleterie (Vie de Jovien, tom. ii. p. 371) has shown that this epistle could not relate to Constantinople. Might we not read, instead of the celebrated name of the obscure but more probable word Bisanthe or Rhoedestus, now Rhodosto, was a small maritime city of Thrace. See Stephan. Byz. de Urbibus, p. 225, and Cellar. Geograph. tom. i. p. 849.]

62 (return)
[ Cod. Theodos. l. xiv. 13. The commentary of Godefroy (tom. v. p. 220) is long, but perplexed; nor indeed is it easy to ascertain in what the Jus Italicum could consist, after the freedom of the city had been communicated to the whole empire. * Note: "This right, (the Jus Italicum,) which by most writers is referred with out foundation to the personal condition of the citizens, properly related to the city as a whole, and contained two parts. First, the Roman or quiritarian property in the soil, (commercium,) and its capability of mancipation, usucaption, and vindication; moreover, as an inseparable consequence of this, exemption from land-tax. Then, secondly, a free constitution in the Italian form, with Duumvirs, Quinquennales. and Aediles, and especially with Jurisdiction." Savigny, Geschichte des Rom. Rechts i. p. 51—M.]

63 (return)
[ Julian (Orat. i. p. 8) celebrates Constantinople as not less superior to all other cities than she was inferior to Rome itself. His learned commentator (Spanheim, p. 75, 76) justifies this language by several parallel and contemporary instances. Zosimus, as well as Socrates and Sozomen, flourished after the division of the empire between the two sons of Theodosius, which established a perfect equality between the old and the new capital.]

As Constantine urged the progress of the work with the impatience of a lover, the walls, the porticos, and the principal edifices were completed in a few years, or, according to another account, in a few months; 64 but this extraordinary diligence should excite the less admiration, since many of the buildings were finished in so hasty and imperfect a manner, that under the succeeding reign, they were preserved with difficulty from impending ruin. 65 But while they displayed the vigor and freshness of youth, the founder prepared to celebrate the dedication of his city. 66 The games and largesses which crowned the pomp of this memorable festival may easily be supposed; but there is one circumstance of a more singular and permanent nature, which ought not entirely to be overlooked. As often as the birthday of the city returned, the statute of Constantine, framed by his order, of gilt wood, and bearing in his right hand a small image of the genius of the place, was erected on a triumphal car. The guards, carrying white tapers, and clothed in their richest apparel, accompanied the solemn procession as it moved through the Hippodrome. When it was opposite to the throne of the reigning emperor, he rose from his seat, and with grateful reverence adored the memory of his predecessor. 67 At the festival of the dedication, an edict, engraved on a column of marble, bestowed the title of Second or New Rome on the city of Constantine. 68 But the name of Constantinople 69 has prevailed over that honorable epithet; and after the revolution of fourteen centuries, still perpetuates the fame of its author. 70

64 (return)
[ Codinus (Antiquitat. p. 8) affirms, that the foundations of Constantinople were laid in the year of the world 5837, (A. D. 329,) on the 26th of September, and that the city was dedicated the 11th of May, 5838, (A. D. 330.) He connects those dates with several characteristic epochs, but they contradict each other; the authority of Codinus is of little weight, and the space which he assigns must appear insufficient. The term of ten years is given us by Julian, (Orat. i. p. 8;) and Spanheim labors to establish the truth of it, (p. 69-75,) by the help of two passages from Themistius, (Orat. iv. p. 58,) and of Philostorgius, (l. ii. c. 9,) which form a period from the year 324 to the year 334. Modern critics are divided concerning this point of chronology and their different sentiments are very accurately described by Tillemont, Hist. des Empereurs, tom. iv. p. 619-625.]

65 (return)
[ Themistius. Orat. iii. p. 47. Zosim. l. ii. p. 108. Constantine himself, in one of his laws, (Cod. Theod. l. xv. tit. i.,) betrays his impatience.]

66 (return)
[ Cedrenus and Zonaras, faithful to the mode of superstition which prevailed in their own times, assure us that Constantinople was consecrated to the virgin Mother of God.]

67 (return)
[ The earliest and most complete account of this extraordinary ceremony may be found in the Alexandrian Chronicle, p. 285. Tillemont, and the other friends of Constantine, who are offended with the air of Paganism which seems unworthy of a Christian prince, had a right to consider it as doubtful, but they were not authorized to omit the mention of it.]

68 (return)
[ Sozomen, l. ii. c. 2. Ducange C. P. l. i. c. 6. Velut ipsius Romae filiam, is the expression of Augustin. de Civitat. Dei, l. v. c. 25.]

69 (return)
[ Eutropius, l. x. c. 8. Julian. Orat. i. p. 8. Ducange C. P. l. i. c. 5. The name of Constantinople is extant on the medals of Constantine.]

70 (return)
[ The lively Fontenelle (Dialogues des Morts, xii.) affects to deride the vanity of human ambition, and seems to triumph in the disappointment of Constantine, whose immortal name is now lost in the vulgar appellation of Istambol, a Turkish corruption of. Yet the original name is still preserved, 1. By the nations of Europe. 2. By the modern Greeks. 3. By the Arabs, whose writings are diffused over the wide extent of their conquests in Asia and Africa. See D'Herbelot, Bibliotheque Orientale, p. 275. 4. By the more learned Turks, and by the emperor himself in his public mandates Cantemir's History of the Othman Empire, p. 51.]

The foundation of a new capital is naturally connected with the establishment of a new form of civil and military administration. The distinct view of the complicated system of policy, introduced by Diocletian, improved by Constantine, and completed by his immediate successors, may not only amuse the fancy by the singular picture of a great empire, but will tend to illustrate the secret and internal causes of its rapid decay. In the pursuit of any remarkable institution, we may be frequently led into the more early or the more recent times of the Roman history; but the proper limits of this inquiry will be included within a period of about one hundred and thirty years, from the accession of Constantine to the publication of the Theodosian code; 71 from which, as well as from the Notitia 7111 of the East and West, 72 we derive the most copious and authentic information of the state of the empire. This variety of objects will suspend, for some time, the course of the narrative; but the interruption will be censured only by those readers who are insensible to the importance of laws and manners, while they peruse, with eager curiosity, the transient intrigues of a court, or the accidental event of a battle.

71 (return)
[ The Theodosian code was promulgated A. D. 438. See the Prolegomena of Godefroy, c. i. p. 185.]

7111 (return)
[ The Notitia Dignitatum Imperii is a description of all the offices in the court and the state, of the legions, &c. It resembles our court almanacs, (Red Books,) with this single difference, that our almanacs name the persons in office, the Notitia only the offices. It is of the time of the emperor Theodosius II., that is to say, of the fifth century, when the empire was divided into the Eastern and Western. It is probable that it was not made for the first time, and that descriptions of the same kind existed before.—G.]

72 (return)
[ Pancirolus, in his elaborate Commentary, assigns to the Notitia a date almost similar to that of the Theodosian Code; but his proofs, or rather conjectures, are extremely feeble. I should be rather inclined to place this useful work between the final division of the empire (A. D. 395) and the successful invasion of Gaul by the barbarians, (A. D. 407.) See Histoire des Anciens Peuples de l'Europe, tom. vii. p. 40.]

Chapter XVII: Foundation Of Constantinople.—Part III.

The manly pride of the Romans, content with substantial power, had left to the vanity of the East the forms and ceremonies of ostentatious greatness. 73 But when they lost even the semblance of those virtues which were derived from their ancient freedom, the simplicity of Roman manners was insensibly corrupted by the stately affectation of the courts of Asia. The distinctions of personal merit and influence, so conspicuous in a republic, so feeble and obscure under a monarchy, were abolished by the despotism of the emperors; who substituted in their room a severe subordination of rank and office from the titled slaves who were seated on the steps of the throne, to the meanest instruments of arbitrary power. This multitude of abject dependants was interested in the support of the actual government from the dread of a revolution, which might at once confound their hopes and intercept the reward of their services. In this divine hierarchy (for such it is frequently styled) every rank was marked with the most scrupulous exactness, and its dignity was displayed in a variety of trifling and solemn ceremonies, which it was a study to learn, and a sacrilege to neglect. 74 The purity of the Latin language was debased, by adopting, in the intercourse of pride and flattery, a profusion of epithets, which Tully would scarcely have understood, and which Augustus would have rejected with indignation. The principal officers of the empire were saluted, even by the sovereign himself, with the deceitful titles of your Sincerity, your Gravity, your Excellency, your Eminence, your sublime and wonderful Magnitude, your illustrious and magnificent Highness. 75 The codicils or patents of their office were curiously emblazoned with such emblems as were best adapted to explain its nature and high dignity; the image or portrait of the reigning emperors; a triumphal car; the book of mandates placed on a table, covered with a rich carpet, and illuminated by four tapers; the allegorical figures of the provinces which they governed; or the appellations and standards of the troops whom they commanded Some of these official ensigns were really exhibited in their hall of audience; others preceded their pompous march whenever they appeared in public; and every circumstance of their demeanor, their dress, their ornaments, and their train, was calculated to inspire a deep reverence for the representatives of supreme majesty. By a philosophic observer, the system of the Roman government might have been mistaken for a splendid theatre, filled with players of every character and degree, who repeated the language, and imitated the passions, of their original model. 76

73 (return)
[ Scilicet externae superbiae sueto, non inerat notitia nostri, (perhaps nostroe;) apud quos vis Imperii valet, inania transmittuntur. Tacit. Annal. xv. 31. The gradation from the style of freedom and simplicity, to that of form and servitude, may be traced in the Epistles of Cicero, of Pliny, and of Symmachus.]

74 (return)
[ The emperor Gratian, after confirming a law of precedency published by Valentinian, the father of his Divinity, thus continues: Siquis igitur indebitum sibi locum usurpaverit, nulla se ignoratione defendat; sitque plane sacrilegii reus, qui divina praecepta neglexerit. Cod. Theod. l. vi. tit. v. leg. 2.]

75 (return)
[ Consult the Notitia Dignitatum at the end of the Theodosian code, tom. vi. p. 316. * Note: Constantin, qui remplaca le grand Patriciat par une noblesse titree et qui changea avec d'autres institutions la nature de la societe Latine, est le veritable fondateur de la royaute moderne, dans ce quelle conserva de Romain. Chateaubriand, Etud. Histor. Preface, i. 151. Manso, (Leben Constantins des Grossen,) p. 153, &c., has given a lucid view of the dignities and duties of the officers in the Imperial court.—M.]

76 (return)
[ Pancirolus ad Notitiam utriusque Imperii, p. 39. But his explanations are obscure, and he does not sufficiently distinguish the painted emblems from the effective ensigns of office.]

All the magistrates of sufficient importance to find a place in the general state of the empire, were accurately divided into three classes. 1. The Illustrious. 2. The Spectabiles, or Respectable. And, 3. the Clarissimi; whom we may translate by the word Honorable. In the times of Roman simplicity, the last-mentioned epithet was used only as a vague expression of deference, till it became at length the peculiar and appropriated title of all who were members of the senate, 77 and consequently of all who, from that venerable body, were selected to govern the provinces. The vanity of those who, from their rank and office, might claim a superior distinction above the rest of the senatorial order, was long afterwards indulged with the new appellation of Respectable; but the title of Illustrious was always reserved to some eminent personages who were obeyed or reverenced by the two subordinate classes. It was communicated only, I. To the consuls and patricians; II. To the Praetorian praefects, with the praefects of Rome and Constantinople; III. To the masters-general of the cavalry and the infantry; and IV. To the seven ministers of the palace, who exercised their sacred functions about the person of the emperor. 78 Among those illustrious magistrates who were esteemed coordinate with each other, the seniority of appointment gave place to the union of dignities. 79 By the expedient of honorary codicils, the emperors, who were fond of multiplying their favors, might sometimes gratify the vanity, though not the ambition, of impatient courtiers. 80

77 (return)
[ In the Pandects, which may be referred to the reigns of the Antonines, Clarissimus is the ordinary and legal title of a senator.]

78 (return)
[ Pancirol. p. 12-17. I have not taken any notice of the two inferior ranks, Prefectissimus and Egregius, which were given to many persons who were not raised to the senatorial dignity.]

79 (return)
[ Cod. Theodos. l. vi. tit. vi. The rules of precedency are ascertained with the most minute accuracy by the emperors, and illustrated with equal prolixity by their learned interpreter.]

80 (return)
[ Cod. Theodos. l. vi. tit. xxii.]

I. As long as the Roman consuls were the first magistrates of a free state, they derived their right to power from the choice of the people. As long as the emperors condescended to disguise the servitude which they imposed, the consuls were still elected by the real or apparent suffrage of the senate. From the reign of Diocletian, even these vestiges of liberty were abolished, and the successful candidates who were invested with the annual honors of the consulship, affected to deplore the humiliating condition of their predecessors. The Scipios and the Catos had been reduced to solicit the votes of plebeians, to pass through the tedious and expensive forms of a popular election, and to expose their dignity to the shame of a public refusal; while their own happier fate had reserved them for an age and government in which the rewards of virtue were assigned by the unerring wisdom of a gracious sovereign. 81 In the epistles which the emperor addressed to the two consuls elect, it was declared, that they were created by his sole authority. 82 Their names and portraits, engraved on gilt tables of ivory, were dispersed over the empire as presents to the provinces, the cities, the magistrates, the senate, and the people. 83 Their solemn inauguration was performed at the place of the Imperial residence; and during a period of one hundred and twenty years, Rome was constantly deprived of the presence of her ancient magistrates. 84

81 (return)
[ Ausonius (in Gratiarum Actione) basely expatiates on this unworthy topic, which is managed by Mamertinus (Panegyr. Vet. xi. [x.] 16, 19) with somewhat more freedom and ingenuity.]

82 (return)
[ Cum de Consulibus in annum creandis, solus mecum volutarem.... te Consulem et designavi, et declaravi, et priorem nuncupavi; are some of the expressions employed by the emperor Gratian to his preceptor, the poet Ausonius.]

83 (return)
[ Immanesque... dentes Qui secti ferro in tabulas auroque micantes, Inscripti rutilum coelato Consule nomen Per proceres et vulgus eant. —Claud. in ii. Cons. Stilichon. 456.

Montfaucon has represented some of these tablets or dypticks see Supplement a l'Antiquite expliquee, tom. iii. p. 220.]

84 (return)
[

     Consule laetatur post plurima seculo viso
     Pallanteus apex: agnoscunt rostra curules 
     Auditas quondam proavis:
     desuetaque cingit Regius auratis 
     Fora fascibus Ulpia lictor.
     —Claud. in vi. Cons. Honorii, 643.

From the reign of Carus to the sixth consulship of Honorius, there was an interval of one hundred and twenty years, during which the emperors were always absent from Rome on the first day of January. See the Chronologie de Tillemonte, tom. iii. iv. and v.]

On the morning of the first of January, the consuls assumed the ensigns of their dignity. Their dress was a robe of purple, embroidered in silk and gold, and sometimes ornamented with costly gems. 85 On this solemn occasion they were attended by the most eminent officers of the state and army, in the habit of senators; and the useless fasces, armed with the once formidable axes, were borne before them by the lictors. 86 The procession moved from the palace 87 to the Forum or principal square of the city; where the consuls ascended their tribunal, and seated themselves in the curule chairs, which were framed after the fashion of ancient times. They immediately exercised an act of jurisdiction, by the manumission of a slave, who was brought before them for that purpose; and the ceremony was intended to represent the celebrated action of the elder Brutus, the author of liberty and of the consulship, when he admitted among his fellow-citizens the faithful Vindex, who had revealed the conspiracy of the Tarquins. 88 The public festival was continued during several days in all the principal cities in Rome, from custom; in Constantinople, from imitation in Carthage, Antioch, and Alexandria, from the love of pleasure, and the superfluity of wealth. 89 In the two capitals of the empire the annual games of the theatre, the circus, and the amphitheatre, 90 cost four thousand pounds of gold, (about) one hundred and sixty thousand pounds sterling: and if so heavy an expense surpassed the faculties or the inclinations of the magistrates themselves, the sum was supplied from the Imperial treasury. 91 As soon as the consuls had discharged these customary duties, they were at liberty to retire into the shade of private life, and to enjoy, during the remainder of the year, the undisturbed contemplation of their own greatness. They no longer presided in the national councils; they no longer executed the resolutions of peace or war. Their abilities (unless they were employed in more effective offices) were of little moment; and their names served only as the legal date of the year in which they had filled the chair of Marius and of Cicero. Yet it was still felt and acknowledged, in the last period of Roman servitude, that this empty name might be compared, and even preferred, to the possession of substantial power. The title of consul was still the most splendid object of ambition, the noblest reward of virtue and loyalty. The emperors themselves, who disdained the faint shadow of the republic, were conscious that they acquired an additional splendor and majesty as often as they assumed the annual honors of the consular dignity. 92

85 (return)
[ See Claudian in Cons. Prob. et Olybrii, 178, &c.; and in iv. Cons. Honorii, 585, &c.; though in the latter it is not easy to separate the ornaments of the emperor from those of the consul. Ausonius received from the liberality of Gratian a vestis palmata, or robe of state, in which the figure of the emperor Constantius was embroidered. Cernis et armorum proceres legumque potentes: Patricios sumunt habitus; et more Gabino Discolor incedit legio, positisque parumper Bellorum signis, sequitur vexilla Quirini. Lictori cedunt aquilae, ridetque togatus Miles, et in mediis effulget curia castris. —Claud. in iv. Cons. Honorii, 5. —strictaque procul radiare secures. —In Cons. Prob. 229]

87 (return)
[ See Valesius ad Ammian. Marcellin. l. xxii. c. 7.]

88 (return)
[ Auspice mox laeto sonuit clamore tribunal; Te fastos ineunte quater; solemnia ludit Omina libertas; deductum Vindice morem Lex servat, famulusque jugo laxatus herili Ducitur, et grato remeat securior ictu. —Claud. in iv Cons. Honorii, 611]

89 (return)
[ Celebrant quidem solemnes istos dies omnes ubique urbes quae sub legibus agunt; et Roma de more, et Constantinopolis de imitatione, et Antiochia pro luxu, et discincta Carthago, et domus fluminis Alexandria, sed Treviri Principis beneficio. Ausonius in Grat. Actione.]

90 (return)
[ Claudian (in Cons. Mall. Theodori, 279-331) describes, in a lively and fanciful manner, the various games of the circus, the theatre, and the amphitheatre, exhibited by the new consul. The sanguinary combats of gladiators had already been prohibited.]

91 (return)
[ Procopius in Hist. Arcana, c. 26.]

92 (return)
[ In Consulatu honos sine labore suscipitur. (Mamertin. in Panegyr. Vet. xi. [x.] 2.) This exalted idea of the consulship is borrowed from an oration (iii. p. 107) pronounced by Julian in the servile court of Constantius. See the Abbe de la Bleterie, (Memoires de l'Academie, tom. xxiv. p. 289,) who delights to pursue the vestiges of the old constitution, and who sometimes finds them in his copious fancy]

The proudest and most perfect separation which can be found in any age or country, between the nobles and the people, is perhaps that of the Patricians and the Plebeians, as it was established in the first age of the Roman republic. Wealth and honors, the offices of the state, and the ceremonies of religion, were almost exclusively possessed by the former who, preserving the purity of their blood with the most insulting jealousy, 93 held their clients in a condition of specious vassalage. But these distinctions, so incompatible with the spirit of a free people, were removed, after a long struggle, by the persevering efforts of the Tribunes. The most active and successful of the Plebeians accumulated wealth, aspired to honors, deserved triumphs, contracted alliances, and, after some generations, assumed the pride of ancient nobility. 94 The Patrician families, on the other hand, whose original number was never recruited till the end of the commonwealth, either failed in the ordinary course of nature, or were extinguished in so many foreign and domestic wars, or, through a want of merit or fortune, insensibly mingled with the mass of the people. 95 Very few remained who could derive their pure and genuine origin from the infancy of the city, or even from that of the republic, when Caesar and Augustus, Claudius and Vespasian, created from the body of the senate a competent number of new Patrician families, in the hope of perpetuating an order, which was still considered as honorable and sacred. 96 But these artificial supplies (in which the reigning house was always included) were rapidly swept away by the rage of tyrants, by frequent revolutions, by the change of manners, and by the intermixture of nations. 97 Little more was left when Constantine ascended the throne, than a vague and imperfect tradition, that the Patricians had once been the first of the Romans. To form a body of nobles, whose influence may restrain, while it secures the authority of the monarch, would have been very inconsistent with the character and policy of Constantine; but had he seriously entertained such a design, it might have exceeded the measure of his power to ratify, by an arbitrary edict, an institution which must expect the sanction of time and of opinion. He revived, indeed, the title of Patricians, but he revived it as a personal, not as an hereditary distinction. They yielded only to the transient superiority of the annual consuls; but they enjoyed the pre-eminence over all the great officers of state, with the most familiar access to the person of the prince. This honorable rank was bestowed on them for life; and as they were usually favorites, and ministers who had grown old in the Imperial court, the true etymology of the word was perverted by ignorance and flattery; and the Patricians of Constantine were reverenced as the adopted Fathers of the emperor and the republic. 98

93 (return)
[ Intermarriages between the Patricians and Plebeians were prohibited by the laws of the XII Tables; and the uniform operations of human nature may attest that the custom survived the law. See in Livy (iv. 1-6) the pride of family urged by the consul, and the rights of mankind asserted by the tribune Canuleius.]

94 (return)
[ See the animated picture drawn by Sallust, in the Jugurthine war, of the pride of the nobles, and even of the virtuous Metellus, who was unable to brook the idea that the honor of the consulship should be bestowed on the obscure merit of his lieutenant Marius. (c. 64.) Two hundred years before, the race of the Metelli themselves were confounded among the Plebeians of Rome; and from the etymology of their name of Coecilius, there is reason to believe that those haughty nobles derived their origin from a sutler.]

95 (return)
[ In the year of Rome 800, very few remained, not only of the old Patrician families, but even of those which had been created by Caesar and Augustus. (Tacit. Annal. xi. 25.) The family of Scaurus (a branch of the Patrician Aemilii) was degraded so low that his father, who exercised the trade of a charcoal merchant, left him only teu slaves, and somewhat less than three hundred pounds sterling. (Valerius Maximus, l. iv. c. 4, n. 11. Aurel. Victor in Scauro.) The family was saved from oblivion by the merit of the son.]

96 (return)
[ Tacit. Annal. xi. 25. Dion Cassius, l. iii. p. 698. The virtues of Agricola, who was created a Patrician by the emperor Vespasian, reflected honor on that ancient order; but his ancestors had not any claim beyond an Equestrian nobility.]

97 (return)
[ This failure would have been almost impossible if it were true, as Casaubon compels Aurelius Victor to affirm (ad Sueton, in Caesar v. 24. See Hist. August p. 203 and Casaubon Comment., p. 220) that Vespasian created at once a thousand Patrician families. But this extravagant number is too much even for the whole Senatorial order. unless we should include all the Roman knights who were distinguished by the permission of wearing the laticlave.]

98 (return)
[ Zosimus, l. ii. p. 118; and Godefroy ad Cod. Theodos. l. vi. tit. vi.]

II. The fortunes of the Praetorian praefects were essentially different from those of the consuls and Patricians. The latter saw their ancient greatness evaporate in a vain title.

The former, rising by degrees from the most humble condition, were invested with the civil and military administration of the Roman world. From the reign of Severus to that of Diocletian, the guards and the palace, the laws and the finances, the armies and the provinces, were intrusted to their superintending care; and, like the Viziers of the East, they held with one hand the seal, and with the other the standard, of the empire. The ambition of the praefects, always formidable, and sometimes fatal to the masters whom they served, was supported by the strength of the Praetorian bands; but after those haughty troops had been weakened by Diocletian, and finally suppressed by Constantine, the praefects, who survived their fall, were reduced without difficulty to the station of useful and obedient ministers. When they were no longer responsible for the safety of the emperor's person, they resigned the jurisdiction which they had hitherto claimed and exercised over all the departments of the palace. They were deprived by Constantine of all military command, as soon as they had ceased to lead into the field, under their immediate orders, the flower of the Roman troops; and at length, by a singular revolution, the captains of the guards were transformed into the civil magistrates of the provinces. According to the plan of government instituted by Diocletian, the four princes had each their Praetorian praefect; and after the monarchy was once more united in the person of Constantine, he still continued to create the same number of Four Praefects, and intrusted to their care the same provinces which they already administered. 1. The praefect of the East stretched his ample jurisdiction into the three parts of the globe which were subject to the Romans, from the cataracts of the Nile to the banks of the Phasis, and from the mountains of Thrace to the frontiers of Persia. 2. The important provinces of Pannonia, Dacia, Macedonia, and Greece, once acknowledged the authority of the praefect of Illyricum. 3. The power of the praefect of Italy was not confined to the country from whence he derived his title; it extended over the additional territory of Rhaetia as far as the banks of the Danube, over the dependent islands of the Mediterranean, and over that part of the continent of Africa which lies between the confines of Cyrene and those of Tingitania. 4. The praefect of the Gauls comprehended under that plural denomination the kindred provinces of Britain and Spain, and his authority was obeyed from the wall of Antoninus to the foot of Mount Atlas. 99

99 (return)
[ Zosimus, l. ii. p. 109, 110. If we had not fortunately possessed this satisfactory account of the division of the power and provinces of the Praetorian praefects, we should frequently have been perplexed amidst the copious details of the Code, and the circumstantial minuteness of the Notitia.]

After the Praetorian praefects had been dismissed from all military command, the civil functions which they were ordained to exercise over so many subject nations, were adequate to the ambition and abilities of the most consummate ministers. To their wisdom was committed the supreme administration of justice and of the finances, the two objects which, in a state of peace, comprehend almost all the respective duties of the sovereign and of the people; of the former, to protect the citizens who are obedient to the laws; of the latter, to contribute the share of their property which is required for the expenses of the state. The coin, the highways, the posts, the granaries, the manufactures, whatever could interest the public prosperity, was moderated by the authority of the Praetorian praefects. As the immediate representatives of the Imperial majesty, they were empowered to explain, to enforce, and on some occasions to modify, the general edicts by their discretionary proclamations. They watched over the conduct of the provincial governors, removed the negligent, and inflicted punishments on the guilty. From all the inferior jurisdictions, an appeal in every matter of importance, either civil or criminal, might be brought before the tribunal of the praefect; but his sentence was final and absolute; and the emperors themselves refused to admit any complaints against the judgment or the integrity of a magistrate whom they honored with such unbounded confidence. 100 His appointments were suitable to his dignity; 101 and if avarice was his ruling passion, he enjoyed frequent opportunities of collecting a rich harvest of fees, of presents, and of perquisites. Though the emperors no longer dreaded the ambition of their praefects, they were attentive to counterbalance the power of this great office by the uncertainty and shortness of its duration. 102

100 (return)
[ See a law of Constantine himself. A praefectis autem praetorio provocare, non sinimus. Cod. Justinian. l. vii. tit. lxii. leg. 19. Charisius, a lawyer of the time of Constantine, (Heinec. Hist. Romani, p. 349,) who admits this law as a fundamental principle of jurisprudence, compares the Praetorian praefects to the masters of the horse of the ancient dictators. Pandect. l. i. tit. xi.]

101 (return)
[ When Justinian, in the exhausted condition of the empire, instituted a Praetorian praefect for Africa, he allowed him a salary of one hundred pounds of gold. Cod. Justinian. l. i. tit. xxvii. leg. i.]

102 (return)
[ For this, and the other dignities of the empire, it may be sufficient to refer to the ample commentaries of Pancirolus and Godefroy, who have diligently collected and accurately digested in their proper order all the legal and historical materials. From those authors, Dr. Howell (History of the World, vol. ii. p. 24-77) has deduced a very distinct abridgment of the state of the Roman empire]

From their superior importance and dignity, Rome and Constantinople were alone excepted from the jurisdiction of the Praetorian praefects. The immense size of the city, and the experience of the tardy, ineffectual operation of the laws, had furnished the policy of Augustus with a specious pretence for introducing a new magistrate, who alone could restrain a servile and turbulent populace by the strong arm of arbitrary power. 103 Valerius Messalla was appointed the first praefect of Rome, that his reputation might countenance so invidious a measure; but, at the end of a few days, that accomplished citizen 104 resigned his office, declaring, with a spirit worthy of the friend of Brutus, that he found himself incapable of exercising a power incompatible with public freedom. 105 As the sense of liberty became less exquisite, the advantages of order were more clearly understood; and the praefect, who seemed to have been designed as a terror only to slaves and vagrants, was permitted to extend his civil and criminal jurisdiction over the equestrian and noble families of Rome. The praetors, annually created as the judges of law and equity, could not long dispute the possession of the Forum with a vigorous and permanent magistrate, who was usually admitted into the confidence of the prince. Their courts were deserted, their number, which had once fluctuated between twelve and eighteen, 106 was gradually reduced to two or three, and their important functions were confined to the expensive obligation 107 of exhibiting games for the amusement of the people. After the office of the Roman consuls had been changed into a vain pageant, which was rarely displayed in the capital, the praefects assumed their vacant place in the senate, and were soon acknowledged as the ordinary presidents of that venerable assembly. They received appeals from the distance of one hundred miles; and it was allowed as a principle of jurisprudence, that all municipal authority was derived from them alone. 108 In the discharge of his laborious employment, the governor of Rome was assisted by fifteen officers, some of whom had been originally his equals, or even his superiors. The principal departments were relative to the command of a numerous watch, established as a safeguard against fires, robberies, and nocturnal disorders; the custody and distribution of the public allowance of corn and provisions; the care of the port, of the aqueducts, of the common sewers, and of the navigation and bed of the Tyber; the inspection of the markets, the theatres, and of the private as well as the public works. Their vigilance insured the three principal objects of a regular police, safety, plenty, and cleanliness; and as a proof of the attention of government to preserve the splendor and ornaments of the capital, a particular inspector was appointed for the statues; the guardian, as it were, of that inanimate people, which, according to the extravagant computation of an old writer, was scarcely inferior in number to the living inhabitants of Rome. About thirty years after the foundation of Constantinople, a similar magistrate was created in that rising metropolis, for the same uses and with the same powers. A perfect equality was established between the dignity of the two municipal, and that of the four Praetorian praefects. 109

103 (return)
[ Tacit. Annal. vi. 11. Euseb. in Chron. p. 155. Dion Cassius, in the oration of Maecenas, (l. lvii. p. 675,) describes the prerogatives of the praefect of the city as they were established in his own time.]

104 (return)
[ The fame of Messalla has been scarcely equal to his merit. In the earliest youth he was recommended by Cicero to the friendship of Brutus. He followed the standard of the republic till it was broken in the fields of Philippi; he then accepted and deserved the favor of the most moderate of the conquerors; and uniformly asserted his freedom and dignity in the court of Augustus. The triumph of Messalla was justified by the conquest of Aquitain. As an orator, he disputed the palm of eloquence with Cicero himself. Messalla cultivated every muse, and was the patron of every man of genius. He spent his evenings in philosophic conversation with Horace; assumed his place at table between Delia and Tibullus; and amused his leisure by encouraging the poetical talents of young Ovid.]

105 (return)
[ Incivilem esse potestatem contestans, says the translator of Eusebius. Tacitus expresses the same idea in other words; quasi nescius exercendi.]

106 (return)
[ See Lipsius, Excursus D. ad 1 lib. Tacit. Annal.]

107 (return)
[ Heineccii. Element. Juris Civilis secund ordinem Pandect i. p. 70. See, likewise, Spanheim de Usu. Numismatum, tom. ii. dissertat. x. p. 119. In the year 450, Marcian published a law, that three citizens should be annually created Praetors of Constantinople by the choice of the senate, but with their own consent. Cod. Justinian. li. i. tit. xxxix. leg. 2.]

108 (return)
[ Quidquid igitur intra urbem admittitur, ad P. U. videtur pertinere; sed et siquid intra contesimum milliarium. Ulpian in Pandect l. i. tit. xiii. n. 1. He proceeds to enumerate the various offices of the praefect, who, in the code of Justinian, (l. i. tit. xxxix. leg. 3,) is declared to precede and command all city magistrates sine injuria ac detrimento honoris alieni.]

109 (return)
[ Besides our usual guides, we may observe that Felix Cantelorius has written a separate treatise, De Praefecto Urbis; and that many curious details concerning the police of Rome and Constantinople are contained in the fourteenth book of the Theodosian Code.]

Chapter XVII: Foundation Of Constantinople.—Part IV.

Those who, in the imperial hierarchy, were distinguished by the title of Respectable, formed an intermediate class between the illustrious praefects, and the honorable magistrates of the provinces. In this class the proconsuls of Asia, Achaia, and Africa, claimed a preeminence, which was yielded to the remembrance of their ancient dignity; and the appeal from their tribunal to that of the praefects was almost the only mark of their dependence. 110 But the civil government of the empire was distributed into thirteen great Dioceses, each of which equalled the just measure of a powerful kingdom. The first of these dioceses was subject to the jurisdiction of the count of the east; and we may convey some idea of the importance and variety of his functions, by observing, that six hundred apparitors, who would be styled at present either secretaries, or clerks, or ushers, or messengers, were employed in his immediate office. 111 The place of Augustal proefect of Egypt was no longer filled by a Roman knight; but the name was retained; and the extraordinary powers which the situation of the country, and the temper of the inhabitants, had once made indispensable, were still continued to the governor. The eleven remaining dioceses, of Asiana, Pontica, and Thrace; of Macedonia, Dacia, and Pannonia, or Western Illyricum; of Italy and Africa; of Gaul, Spain, and Britain; were governed by twelve vicars or vice-proefects, 112 whose name sufficiently explains the nature and dependence of their office. It may be added, that the lieutenant-generals of the Roman armies, the military counts and dukes, who will be hereafter mentioned, were allowed the rank and title of Respectable.

110 (return)
[ Eunapius affirms, that the proconsul of Asia was independent of the praefect; which must, however, be understood with some allowance. the jurisdiction of the vice-praefect he most assuredly disclaimed. Pancirolus, p. 161.]

111 (return)
[ The proconsul of Africa had four hundred apparitors; and they all received large salaries, either from the treasury or the province See Pancirol. p. 26, and Cod. Justinian. l. xii. tit. lvi. lvii.]

112 (return)
[ In Italy there was likewise the Vicar of Rome. It has been much disputed whether his jurisdiction measured one hundred miles from the city, or whether it stretched over the ten thousand provinces of Italy.]

As the spirit of jealousy and ostentation prevailed in the councils of the emperors, they proceeded with anxious diligence to divide the substance and to multiply the titles of power. The vast countries which the Roman conquerors had united under the same simple form of administration, were imperceptibly crumbled into minute fragments; till at length the whole empire was distributed into one hundred and sixteen provinces, each of which supported an expensive and splendid establishment. Of these, three were governed by proconsuls, thirty-seven by consulars, five by correctors, and seventy-one by presidents. The appellations of these magistrates were different; they ranked in successive order, the ensigns of and their situation, from accidental circumstances, might be more or less agreeable or advantageous. But they were all (excepting only the pro-consuls) alike included in the class of honorable persons; and they were alike intrusted, during the pleasure of the prince, and under the authority of the praefects or their deputies, with the administration of justice and the finances in their respective districts. The ponderous volumes of the Codes and Pandects 113 would furnish ample materials for a minute inquiry into the system of provincial government, as in the space of six centuries it was approved by the wisdom of the Roman statesmen and lawyers.

It may be sufficient for the historian to select two singular and salutary provisions, intended to restrain the abuse of authority.

1. For the preservation of peace and order, the governors of the provinces were armed with the sword of justice. They inflicted corporal punishments, and they exercised, in capital offences, the power of life and death. But they were not authorized to indulge the condemned criminal with the choice of his own execution, or to pronounce a sentence of the mildest and most honorable kind of exile. These prerogatives were reserved to the praefects, who alone could impose the heavy fine of fifty pounds of gold: their vicegerents were confined to the trifling weight of a few ounces. 114 This distinction, which seems to grant the larger, while it denies the smaller degree of authority, was founded on a very rational motive. The smaller degree was infinitely more liable to abuse. The passions of a provincial magistrate might frequently provoke him into acts of oppression, which affected only the freedom or the fortunes of the subject; though, from a principle of prudence, perhaps of humanity, he might still be terrified by the guilt of innocent blood. It may likewise be considered, that exile, considerable fines, or the choice of an easy death, relate more particularly to the rich and the noble; and the persons the most exposed to the avarice or resentment of a provincial magistrate, were thus removed from his obscure persecution to the more august and impartial tribunal of the Praetorian praefect. 2. As it was reasonably apprehended that the integrity of the judge might be biased, if his interest was concerned, or his affections were engaged, the strictest regulations were established, to exclude any person, without the special dispensation of the emperor, from the government of the province where he was born; 115 and to prohibit the governor or his son from contracting marriage with a native, or an inhabitant; 116 or from purchasing slaves, lands, or houses, within the extent of his jurisdiction. 117 Notwithstanding these rigorous precautions, the emperor Constantine, after a reign of twenty-five years, still deplores the venal and oppressive administration of justice, and expresses the warmest indignation that the audience of the judge, his despatch of business, his seasonable delays, and his final sentence, were publicly sold, either by himself or by the officers of his court. The continuance, and perhaps the impunity, of these crimes, is attested by the repetition of impotent laws and ineffectual menaces. 118

113 (return)
[ Among the works of the celebrated Ulpian, there was one in ten books, concerning the office of a proconsul, whose duties in the most essential articles were the same as those of an ordinary governor of a province.]

114 (return)
[ The presidents, or consulars, could impose only two ounces; the vice-praefects, three; the proconsuls, count of the east, and praefect of Egypt, six. See Heineccii Jur. Civil. tom. i. p. 75. Pandect. l. xlviii. tit. xix. n. 8. Cod. Justinian. l. i. tit. liv. leg. 4, 6.]

115 (return)
[ Ut nulli patriae suae administratio sine speciali principis permissu permittatur. Cod. Justinian. l. i. tit. xli. This law was first enacted by the emperor Marcus, after the rebellion of Cassius. (Dion. l. lxxi.) The same regulation is observed in China, with equal strictness, and with equal effect.]

116 (return)
[ Pandect. l. xxiii. tit. ii. n. 38, 57, 63.]

117 (return)
[ In jure continetur, ne quis in administratione constitutus aliquid compararet. Cod. Theod. l. viii. tit. xv. leg. l. This maxim of common law was enforced by a series of edicts (see the remainder of the title) from Constantine to Justin. From this prohibition, which is extended to the meanest officers of the governor, they except only clothes and provisions. The purchase within five years may be recovered; after which on information, it devolves to the treasury.]

118 (return)
[ Cessent rapaces jam nunc officialium manus; cessent, inquam nam si moniti non cessaverint, gladiis praecidentur, &c. Cod. Theod. l. i. tit. vii. leg. l. Zeno enacted that all governors should remain in the province, to answer any accusations, fifty days after the expiration of their power. Cod Justinian. l. ii. tit. xlix. leg. l.]

All the civil magistrates were drawn from the profession of the law. The celebrated Institutes of Justinian are addressed to the youth of his dominions, who had devoted themselves to the study of Roman jurisprudence; and the sovereign condescends to animate their diligence, by the assurance that their skill and ability would in time be rewarded by an adequate share in the government of the republic. 119 The rudiments of this lucrative science were taught in all the considerable cities of the east and west; but the most famous school was that of Berytus, 120 on the coast of Phoenicia; which flourished above three centuries from the time of Alexander Severus, the author perhaps of an institution so advantageous to his native country. After a regular course of education, which lasted five years, the students dispersed themselves through the provinces, in search of fortune and honors; nor could they want an inexhaustible supply of business in a great empire already corrupted by the multiplicity of laws, of arts, and of vices. The court of the Praetorian praefect of the east could alone furnish employment for one hundred and fifty advocates, sixty-four of whom were distinguished by peculiar privileges, and two were annually chosen, with a salary of sixty pounds of gold, to defend the causes of the treasury. The first experiment was made of their judicial talents, by appointing them to act occasionally as assessors to the magistrates; from thence they were often raised to preside in the tribunals before which they had pleaded. They obtained the government of a province; and, by the aid of merit, of reputation, or of favor, they ascended, by successive steps, to the illustrious dignities of the state. 121 In the practice of the bar, these men had considered reason as the instrument of dispute; they interpreted the laws according to the dictates of private interest and the same pernicious habits might still adhere to their characters in the public administration of the state. The honor of a liberal profession has indeed been vindicated by ancient and modern advocates, who have filled the most important stations, with pure integrity and consummate wisdom: but in the decline of Roman jurisprudence, the ordinary promotion of lawyers was pregnant with mischief and disgrace. The noble art, which had once been preserved as the sacred inheritance of the patricians, was fallen into the hands of freedmen and plebeians, 122 who, with cunning rather than with skill, exercised a sordid and pernicious trade. Some of them procured admittance into families for the purpose of fomenting differences, of encouraging suits, and of preparing a harvest of gain for themselves or their brethren. Others, recluse in their chambers, maintained the dignity of legal professors, by furnishing a rich client with subtleties to confound the plainest truths, and with arguments to color the most unjustifiable pretensions. The splendid and popular class was composed of the advocates, who filled the Forum with the sound of their turgid and loquacious rhetoric. Careless of fame and of justice, they are described, for the most part, as ignorant and rapacious guides, who conducted their clients through a maze of expense, of delay, and of disappointment; from whence, after a tedious series of years, they were at length dismissed, when their patience and fortune were almost exhausted. 123

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[ Summa igitur ope, et alacri studio has leges nostras accipite; et vosmetipsos sic eruditos ostendite, ut spes vos pulcherrima foveat; toto legitimo opere perfecto, posse etiam nostram rempublicam in par tibus ejus vobis credendis gubernari. Justinian in proem. Institutionum.]

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[ The splendor of the school of Berytus, which preserved in the east the language and jurisprudence of the Romans, may be computed to have lasted from the third to the middle of the sixth century Heinecc. Jur. Rom. Hist. p. 351-356.]

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[ As in a former period I have traced the civil and military promotion of Pertinax, I shall here insert the civil honors of Mallius Theodorus. 1. He was distinguished by his eloquence, while he pleaded as an advocate in the court of the Praetorian praefect. 2. He governed one of the provinces of Africa, either as president or consular, and deserved, by his administration, the honor of a brass statue. 3. He was appointed vicar, or vice-praefect, of Macedonia. 4. Quaestor. 5. Count of the sacred largesses. 6. Praetorian praefect of the Gauls; whilst he might yet be represented as a young man. 7. After a retreat, perhaps a disgrace of many years, which Mallius (confounded by some critics with the poet Manilius; see Fabricius Bibliothec. Latin. Edit. Ernest. tom. i.c. 18, p. 501) employed in the study of the Grecian philosophy he was named Praetorian praefect of Italy, in the year 397. 8. While he still exercised that great office, he was created, it the year 399, consul for the West; and his name, on account of the infamy of his colleague, the eunuch Eutropius, often stands alone in the Fasti. 9. In the year 408, Mallius was appointed a second time Praetorian praefect of Italy. Even in the venal panegyric of Claudian, we may discover the merit of Mallius Theodorus, who, by a rare felicity, was the intimate friend, both of Symmachus and of St. Augustin. See Tillemont, Hist. des Emp. tom. v. p. 1110-1114.]

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[ Mamertinus in Panegyr. Vet. xi. [x.] 20. Asterius apud Photium, p. 1500.]

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[ The curious passage of Ammianus, (l. xxx. c. 4,) in which he paints the manners of contemporary lawyers, affords a strange mixture of sound sense, false rhetoric, and extravagant satire. Godefroy (Prolegom. ad. Cod. Theod. c. i. p. 185) supports the historian by similar complaints and authentic facts. In the fourth century, many camels might have been laden with law-books. Eunapius in Vit. Aedesii, p. 72.]

III. In the system of policy introduced by Augustus, the governors, those at least of the Imperial provinces, were invested with the full powers of the sovereign himself. Ministers of peace and war, the distribution of rewards and punishments depended on them alone, and they successively appeared on their tribunal in the robes of civil magistracy, and in complete armor at the head of the Roman legions. 124 The influence of the revenue, the authority of law, and the