About two years after the last victory of Belisarius, the emperor

returned from a Thracian journey of health, or business, or devotion.

Justinian was afflicted by a pain in his head; and his private entry

countenanced the rumor of his death. Before the third hour of the day,

the bakers' shops were plundered of their bread, the houses were shut,

and every citizen, with hope or terror, prepared for the impending

tumult. The senators themselves, fearful and suspicious, were convened

at the ninth hour; and the prÊfect received their commands to visit

every quarter of the city, and proclaim a general illumination for

the recovery of the emperor's health. The ferment subsided; but every

accident betrayed the impotence of the government, and the factious

temper of the people: the guards were disposed to mutiny as often as

their quarters were changed, or their pay was withheld: the frequent

calamities of fires and earthquakes afforded the opportunities of

disorder; the disputes of the blues and greens, of the orthodox and

heretics, degenerated into bloody battles; and, in the presence of the

Persian ambassador, Justinian blushed for himself and for his subjects.

Capricious pardon and arbitrary punishment imbittered the irksomeness

and discontent of a long reign: a conspiracy was formed in the palace;

and, unless we are deceived by the names of Marcellus and Sergius, the

most virtuous and the most profligate of the courtiers were associated

in the same designs. They had fixed the time of the execution; their

rank gave them access to the royal banquet; and their black slaves were

stationed in the vestibule and porticos, to announce the death of the

tyrant, and to excite a sedition in the capital. But the indiscretion

of an accomplice saved the poor remnant of the days of Justinian. The

conspirators were detected and seized, with daggers hidden under their

garments: Marcellus died by his own hand, and Sergius was dragged from

the sanctuary. Pressed by remorse, or tempted by the hopes of safety, he

accused two officers of the household of Belisarius; and torture forced

them to declare that they had acted according to the secret instructions

of their patron. Posterity will not hastily believe that a hero who,

in the vigor of life, had disdained the fairest offers of ambition and

revenge, should stoop to the murder of his prince, whom he could not

long expect to survive. His followers were impatient to fly; but flight

must have been supported by rebellion, and he had lived enough for

nature and for glory. Belisarius appeared before the council with less

fear than indignation: after forty years' service, the emperor had

prejudged his guilt; and injustice was sanctified by the presence

and authority of the patriarch. The life of Belisarius was graciously

spared; but his fortunes were sequestered, and, from December to July,

he was guarded as a prisoner in his own palace. At length his innocence

was acknowledged; his freedom and honor were restored; and death, which

might be hastened by resentment and grief, removed him from the world

in about eight months after his deliverance. The name of Belisarius can

never die but instead of the funeral, the monuments, the statues, so

justly due to his memory, I only read, that his treasures, the spoil of

the Goths and Vandals, were immediately confiscated by the emperor. Some

decent portion was reserved, however for the use of his widow: and as

Antonina had much to repent, she devoted the last remains of her life

and fortune to the foundation of a convent. Such is the simple and

genuine narrative of the fall of Belisarius and the ingratitude of

Justinian. That he was deprived of his eyes, and reduced by envy to beg

his bread, "Give a penny to Belisarius the general!" is a fiction of

later times, which has obtained credit, or rather favor, as a strange

example of the vicissitudes of fortune.

If the emperor could rejoice in the death of Belisarius, he enjoyed

the base satisfaction only eight months, the last period of a reign

of thirty-eight years, and a life of eighty-three years. It would

be difficult to trace the character of a prince who is not the most

conspicuous object of his own times: but the confessions of an enemy may

be received as the safest evidence of his virtues. The resemblance

of Justinian to the bust of Domitian, is maliciously urged; with

the acknowledgment, however, of a well-proportioned figure, a ruddy

complexion, and a pleasing countenance. The emperor was easy of access,

patient of hearing, courteous and affable in discourse, and a master

of the angry passions which rage with such destructive violence in the

breast of a despot. Procopius praises his temper, to reproach him with

calm and deliberate cruelty: but in the conspiracies which attacked his

authority and person, a more candid judge will approve the justice, or

admire the clemency, of Justinian. He excelled in the private virtues

of chastity and temperance: but the impartial love of beauty would have

been less mischievous than his conjugal tenderness for Theodora; and his

abstemious diet was regulated, not by the prudence of a philosopher, but

the superstition of a monk. His repasts were short and frugal: on solemn

fasts, he contented himself with water and vegetables; and such was his

strength, as well as fervor, that he frequently passed two days, and as

many nights, without tasting any food. The measure of his sleep was not

less rigorous: after the repose of a single hour, the body was awakened

by the soul, and, to the astonishment of his chamberlain, Justinian

walked or studied till the morning light. Such restless application

prolonged his time for the acquisition of knowledge and the despatch of

business; and he might seriously deserve the reproach of confounding,

by minute and preposterous diligence, the general order of his

administration. The emperor professed himself a musician and architect,

a poet and philosopher, a lawyer and theologian; and if he failed in the

enterprise of reconciling the Christian sects, the review of the Roman

jurisprudence is a noble monument of his spirit and industry. In the

government of the empire, he was less wise, or less successful: the age

was unfortunate; the people was oppressed and discontented; Theodora

abused her power; a succession of bad ministers disgraced his judgment;

and Justinian was neither beloved in his life, nor regretted at his

death. The love of fame was deeply implanted in his breast, but he

condescended to the poor ambition of titles, honors, and contemporary

praise; and while he labored to fix the admiration, he forfeited the

esteem and affection, of the Romans. The design of the African and

Italian wars was boldly conceived and executed; and his penetration

discovered the talents of Belisarius in the camp, of Narses in the

palace. But the name of the emperor is eclipsed by the names of his

victorious generals; and Belisarius still lives, to upbraid the envy and

ingratitude of his sovereign. The partial favor of mankind applauds

the genius of a conqueror, who leads and directs his subjects in the

exercise of arms. The characters of Philip the Second and of Justinian

are distinguished by the cold ambition which delights in war, and

declines the dangers of the field. Yet a colossal statue of bronze

represented the emperor on horseback, preparing to march against the

Persians in the habit and armor of Achilles. In the great square before

the church of St. Sophia, this monument was raised on a brass column

and a stone pedestal of seven steps; and the pillar of Theodosius, which

weighed seven thousand four hundred pounds of silver, was removed from

the same place by the avarice and vanity of Justinian. Future princes

were more just or indulgent to _his_ memory; the elder Andronicus, in

the beginning of the fourteenth century, repaired and beautified his

equestrian statue: since the fall of the empire it has been melted into

cannon by the victorious Turks.

I shall conclude this chapter with the comets, the earthquakes, and the

plague, which astonished or afflicted the age of Justinian.

I. In the fifth year of his reign, and in the month of September, a

comet was seen during twenty days in the western quarter of the heavens,

and which shot its rays into the north. Eight years afterwards, while

the sun was in Capricorn, another comet appeared to follow in the

Sagittary; the size was gradually increasing; the head was in the east,

the tail in the west, and it remained visible above forty days. The

nations, who gazed with astonishment, expected wars and calamities

from their baleful influence; and these expectations were abundantly

fulfilled. The astronomers dissembled their ignorance of the nature of

these blazing stars, which they affected to represent as the floating

meteors of the air; and few among them embraced the simple notion of

Seneca and the Chaldeans, that they are only planets of a longer

period and more eccentric motion. Time and science have justified the

conjectures and predictions of the Roman sage: the telescope has opened

new worlds to the eyes of astronomers; and, in the narrow space of

history and fable, one and the same comet is already found to have

revisited the earth in _seven_ equal revolutions of five hundred and

seventy-five years. The _first_, which ascends beyond the Christian Êra

one thousand seven hundred and sixty-seven years, is coeval with Ogyges,

the father of Grecian antiquity. And this appearance explains the

tradition which Varro has preserved, that under his reign the planet

Venus changed her color, size, figure, and course; a prodigy without

example either in past or succeeding ages. The _second_ visit, in the

year eleven hundred and ninety-three, is darkly implied in the fable of

Electra, the seventh of the Pleiads, who have been reduced to six since

the time of the Trojan war. That nymph, the wife of Dardanus, was unable

to support the ruin of her country: she abandoned the dances of her

sister orbs, fled from the zodiac to the north pole, and obtained,

from her dishevelled locks, the name of the _comet_. The _third_ period

expires in the year six hundred and eighteen, a date that exactly agrees

with the tremendous comet of the Sibyl, and perhaps of Pliny, which

arose in the West two generations before the reign of Cyrus. The

_fourth_ apparition, forty-four years before the birth of Christ, is of

all others the most splendid and important. After the death of CÊsar, a

long-haired star was conspicuous to Rome and to the nations, during the

games which were exhibited by young Octavian in honor of Venus and his

uncle. The vulgar opinion, that it conveyed to heaven the divine soul of

the dictator, was cherished and consecrated by the piety of a statesman;

while his secret superstition referred the comet to the glory of his own

times. The _fifth_ visit has been already ascribed to the fifth year of

Justinian, which coincides with the five hundred and thirty-first of

the Christian Êra. And it may deserve notice, that in this, as in the

preceding instance, the comet was followed, though at a longer interval,

by a remarkable paleness of the sun. The _sixth_ return, in the year

eleven hundred and six, is recorded by the chronicles of Europe and

China: and in the first fervor of the crusades, the Christians and

the Mahometans might surmise, with equal reason, that it portended the

destruction of the Infidels. The _seventh_ phenomenon, of one thousand

six hundred and eighty, was presented to the eyes of an enlightened age.

The philosophy of Bayle dispelled a prejudice which Milton's muse had

so recently adorned, that the comet, "from its horrid hair shakes

pestilence and war." Its road in the heavens was observed with exquisite

skill by Flamstead and Cassini: and the mathematical science of

Bernoulli, Newton, and Halley, investigated the laws of its

revolutions. At the _eighth_ period, in the year two thousand three

hundred and fifty-five, their calculations may perhaps be verified

by the astronomers of some future capital in the Siberian or American

wilderness.

II. The near approach of a comet may injure or destroy the globe which

we inhabit; but the changes on its surface have been hitherto produced

by the action of volcanoes and earthquakes. The nature of the soil may

indicate the countries most exposed to these formidable concussions,

since they are caused by subterraneous fires, and such fires are kindled

by the union and fermentation of iron and sulphur. But their times

and effects appear to lie beyond the reach of human curiosity; and the

philosopher will discreetly abstain from the prediction of earthquakes,

till he has counted the drops of water that silently filtrate on

the inflammable mineral, and measured the caverns which increase by

resistance the explosion of the imprisoned air. Without assigning the

cause, history will distinguish the periods in which these calamitous

events have been rare or frequent, and will observe, that this fever of

the earth raged with uncommon violence during the reign of Justinian.

Each year is marked by the repetition of earthquakes, of such duration,

that Constantinople has been shaken above forty days; of such extent,

that the shock has been communicated to the whole surface of the globe,

or at least of the Roman empire. An impulsive or vibratory motion was

felt: enormous chasms were opened, huge and heavy bodies were discharged

into the air, the sea alternately advanced and retreated beyond its

ordinary bounds, and a mountain was torn from Libanus, and cast into

the waves, where it protected, as a mole, the new harbor of Botrys

in Phnicia. The stroke that agitates an ant-hill may crush the

insect-myriads in the dust; yet truth must extort confession that man

has industriously labored for his own destruction. The institution of

great cities, which include a nation within the limits of a wall, almost

realizes the wish of Caligula, that the Roman people had but one neck.

Two hundred and fifty thousand persons are said to have perished in the

earthquake of Antioch, whose domestic multitudes were swelled by the

conflux of strangers to the festival of the Ascension. The loss of

Berytus was of smaller account, but of much greater value. That city,

on the coast of Phnicia, was illustrated by the study of the civil

law, which opened the surest road to wealth and dignity: the schools of

Berytus were filled with the rising spirits of the age, and many a youth

was lost in the earthquake, who might have lived to be the scourge or

the guardian of his country. In these disasters, the architect becomes

the enemy of mankind. The hut of a savage, or the tent of an Arab, may

be thrown down without injury to the inhabitant; and the Peruvians had

reason to deride the folly of their Spanish conquerors, who with so

much cost and labor erected their own sepulchres. The rich marbles of a

patrician are dashed on his own head: a whole people is buried under the

ruins of public and private edifices, and the conflagration is kindled

and propagated by the innumerable fires which are necessary for the

subsistence and manufactures of a great city. Instead of the mutual

sympathy which might comfort and assist the distressed, they dreadfully

experience the vices and passions which are released from the fear

of punishment: the tottering houses are pillaged by intrepid avarice;

revenge embraces the moment, and selects the victim; and the earth often

swallows the assassin, or the ravisher, in the consummation of their

crimes. Superstition involves the present danger with invisible terrors;

and if the image of death may sometimes be subservient to the virtue or

repentance of individuals, an affrighted people is more forcibly moved

to expect the end of the world, or to deprecate with servile homage the

wrath of an avenging Deity.

III. ∆thiopia and Egypt have been stigmatized, in every age, as the

original source and seminary of the plague. In a damp, hot, stagnating

air, this African fever is generated from the putrefaction of animal

substances, and especially from the swarms of locusts, not less

destructive to mankind in their death than in their lives. The fatal

disease which depopulated the earth in the time of Justinian and his

successors, first appeared in the neighborhood of Pelusium, between the

Serbonian bog and the eastern channel of the Nile. From thence, tracing

as it were a double path, it spread to the East, over Syria, Persia, and

the Indies, and penetrated to the West, along the coast of Africa,

and over the continent of Europe. In the spring of the second year,

Constantinople, during three or four months, was visited by the

pestilence; and Procopius, who observed its progress and symptoms

with the eyes of a physician, has emulated the skill and diligence of

Thucydides in the description of the plague of Athens. The infection

was sometimes announced by the visions of a distempered fancy, and the

victim despaired as soon as he had heard the menace and felt the stroke

of an invisible spectre. But the greater number, in their beds, in the

streets, in their usual occupation, were surprised by a slight fever; so

slight, indeed, that neither the pulse nor the color of the patient

gave any signs of the approaching danger. The same, the next, or

the succeeding day, it was declared by the swelling of the glands,

particularly those of the groin, of the armpits, and under the ear; and

when these buboes or tumors were opened, they were found to contain a

_coal_, or black substance, of the size of a lentil. If they came to a

just swelling and suppuration, the patient was saved by this kind and

natural discharge of the morbid humor. But if they continued hard and

dry, a mortification quickly ensued, and the fifth day was commonly

the term of his life. The fever was often accompanied with lethargy or

delirium; the bodies of the sick were covered with black pustules or

carbuncles, the symptoms of immediate death; and in the constitutions

too feeble to produce an irruption, the vomiting of blood was followed

by a mortification of the bowels. To pregnant women the plague was

generally mortal: yet one infant was drawn alive from his dead mother,

and three mothers survived the loss of their infected ftus. Youth was

the most perilous season; and the female sex was less susceptible than

the male: but every rank and profession was attacked with indiscriminate

rage, and many of those who escaped were deprived of the use of

their speech, without being secure from a return of the disorder. The

physicians of Constantinople were zealous and skilful; but their art

was baffled by the various symptoms and pertinacious vehemence of the

disease: the same remedies were productive of contrary effects, and the

event capriciously disappointed their prognostics of death or recovery.

The order of funerals, and the right of sepulchres, were confounded:

those who were left without friends or servants, lay unburied in the

streets, or in their desolate houses; and a magistrate was authorized to

collect the promiscuous heaps of dead bodies, to transport them by land

or water, and to inter them in deep pits beyond the precincts of the

city. Their own danger, and the prospect of public distress, awakened

some remorse in the minds of the most vicious of mankind: the confidence

of health again revived their passions and habits; but philosophy must

disdain the observation of Procopius, that the lives of such men were

guarded by the peculiar favor of fortune or Providence. He forgot, or

perhaps he secretly recollected, that the plague had touched the

person of Justinian himself; but the abstemious diet of the emperor may

suggest, as in the case of Socrates, a more rational and honorable cause

for his recovery. During his sickness, the public consternation

was expressed in the habits of the citizens; and their idleness and

despondence occasioned a general scarcity in the capital of the East.

Contagion is the inseparable symptom of the plague; which, by mutual

respiration, is transfused from the infected persons to the lungs and

stomach of those who approach them. While philosophers believe and

tremble, it is singular, that the existence of a real danger should have

been denied by a people most prone to vain and imaginary terrors. Yet

the fellow-citizens of Procopius were satisfied, by some short and

partial experience, that the infection could not be gained by the

closest conversation: and this persuasion might support the assiduity

of friends or physicians in the care of the sick, whom inhuman prudence

would have condemned to solitude and despair. But the fatal security,

like the predestination of the Turks, must have aided the progress

of the contagion; and those salutary precautions to which Europe is

indebted for her safety, were unknown to the government of Justinian.

No restraints were imposed on the free and frequent intercourse of the

Roman provinces: from Persia to France, the nations were mingled and

infected by wars and emigrations; and the pestilential odor which lurks

for years in a bale of cotton was imported, by the abuse of trade, into

the most distant regions. The mode of its propagation is explained

by the remark of Procopius himself, that it always spread from the

sea-coast to the inland country: the most sequestered islands and

mountains were successively visited; the places which had escaped the

fury of its first passage were alone exposed to the contagion of the

ensuing year. The winds might diffuse that subtile venom; but unless the

atmosphere be previously disposed for its reception, the plague would

soon expire in the cold or temperate climates of the earth. Such was the

universal corruption of the air, that the pestilence which burst forth

in the fifteenth year of Justinian was not checked or alleviated by any

difference of the seasons. In time, its first malignity was abated and

dispersed; the disease alternately languished and revived; but it was

not till the end of a calamitous period of fifty-two years, that mankind

recovered their health, or the air resumed its pure and salubrious

quality. No facts have been preserved to sustain an account, or even

a conjecture, of the numbers that perished in this extraordinary

mortality. I only find, that during three months, five, and at length

ten, thousand persons died each day at Constantinople; that many cities

of the East were left vacant, and that in several districts of Italy the

harvest and the vintage withered on the ground. The triple scourge of

war, pestilence, and famine, afflicted the subjects of Justinian; and

his reign is disgraced by the visible decrease of the human species,

which has never been repaired in some of the fairest countries of the

globe.

Chapter XLIV: Idea Of The Roman Jurisprudence.--Part I.

Idea Of The Roman Jurisprudence.--The Laws Of The Kings--The

Twelve Of The Decemvirs.--The Laws Of The People.--The

Decrees Of The Senate.--The Edicts Of The Magistrates And

Emperors--Authority Of The Civilians.--Code, Pandects,

Novels, And Institutes Of Justinian:--I. Rights Of Persons.--

II. Rights Of Things.--III. Private Injuries And Actions.--

IV. Crimes And Punishments.

The vain titles of the victories of Justinian are crumbled into dust;

but the name of the legislator is inscribed on a fair and everlasting

monument. Under his reign, and by his care, the civil jurisprudence

was digested in the immortal works of the Code, the Pandects, and

the Institutes: the public reason of the Romans has been silently or

studiously transfused into the domestic institutions of Europe,, and the

laws of Justinian still command the respect or obedience of independent

nations. Wise or fortunate is the prince who connects his own reputation

with the honor or interest of a perpetual order of men. The defence of

their founder is the first cause, which in every age has exercised

the zeal and industry of the civilians. They piously commemorate his

virtues; dissemble or deny his failings; and fiercely chastise the guilt

or folly of the rebels, who presume to sully the majesty of the purple.

The idolatry of love has provoked, as it usually happens, the rancor

of opposition; the character of Justinian has been exposed to the blind

vehemence of flattery and invective; and the injustice of a sect (the

_Anti-Tribonians_,) has refused all praise and merit to the prince, his

ministers, and his laws. Attached to no party, interested only for the

truth and candor of history, and directed by the most temperate and

skilful guides, I enter with just diffidence on the subject of civil

law, which has exhausted so many learned lives, and clothed the walls of

such spacious libraries. In a single, if possible in a short, chapter,

I shall trace the Roman jurisprudence from Romulus to Justinian,

appreciate the labors of that emperor, and pause to contemplate the

principles of a science so important to the peace and happiness of

society. The laws of a nation form the most instructive portion of its

history; and although I have devoted myself to write the annals of a

declining monarchy, I shall embrace the occasion to breathe the pure and

invigorating air of the republic.

History of the Decline and Fall of the Roman Empire — Volume 4(#893) · 第 22 / 49 段