Chapter XVI: Conduct Towards The Christians, From Nero To

Constantine.--Part VIII.

The vague descriptions of exile and imprisonment, of pain and torture,

are so easily exaggerated or softened by the pencil of an artful

orator, * that we are naturally induced to inquire into a fact of a more

distinct and stubborn kind; the number of persons who suffered death in

consequence of the edicts published by Diocletian, his associates, and

his successors. The recent legendaries record whole armies and

cities, which were at once swept away by the undistinguishing rage of

persecution. The more ancient writers content themselves with pouring

out a liberal effusion of loose and tragical invectives, without

condescending to ascertain the precise number of those persons who were

permitted to seal with their blood their belief of the gospel. From

the history of Eusebius, it may, however, be collected, that only nine

bishops were punished with death; and we are assured, by his particular

enumeration of the martyrs of Palestine, that no more than ninety-two

Christians were entitled to that honorable appellation. As we are

unacquainted with the degree of episcopal zeal and courage which

prevailed at that time, it is not in our power to draw any useful

inferences from the former of these facts: but the latter may serve

to justify a very important and probable conclusion. According to the

distribution of Roman provinces, Palestine may be considered as

the sixteenth part of the Eastern empire: and since there were some

governors, who from a real or affected clemency had preserved their

hands unstained with the blood of the faithful, it is reasonable

to believe, that the country which had given birth to Christianity,

produced at least the sixteenth part of the martyrs who suffered

death within the dominions of Galerius and Maximin; the whole might

consequently amount to about fifteen hundred, a number which, if it is

equally divided between the ten years of the persecution, will allow an

annual consumption of one hundred and fifty martyrs. Allotting the same

proportion to the provinces of Italy, Africa, and perhaps Spain, where,

at the end of two or three years, the rigor of the penal laws was either

suspended or abolished, the multitude of Christians in the Roman empire,

on whom a capital punishment was inflicted by a judicial, sentence, will

be reduced to somewhat less than two thousand persons. Since it cannot

be doubted that the Christians were more numerous, and their enemies

more exasperated, in the time of Diocletian, than they had ever been in

any former persecution, this probable and moderate computation may teach

us to estimate the number of primitive saints and martyrs who sacrificed

their lives for the important purpose of introducing Christianity into

the world.

We shall conclude this chapter by a melancholy truth, which obtrudes

itself on the reluctant mind; that even admitting, without hesitation or

inquiry, all that history has recorded, or devotion has feigned, on

the subject of martyrdoms, it must still be acknowledged, that the

Christians, in the course of their intestine dissensions, have inflicted

far greater severities on each other, than they had experienced from

the zeal of infidels. During the ages of ignorance which followed the

subversion of the Roman empire in the West, the bishops of the Imperial

city extended their dominion over the laity as well as clergy of the

Latin church. The fabric of superstition which they had erected, and

which might long have defied the feeble efforts of reason, was at length

assaulted by a crowd of daring fanatics, who from the twelfth to the

sixteenth century assumed the popular character of reformers. The church

of Rome defended by violence the empire which she had acquired by fraud;

a system of peace and benevolence was soon disgraced by proscriptions,

war, massacres, and the institution of the holy office. And as the

reformers were animated by the love of civil as well as of religious

freedom, the Catholic princes connected their own interest with that of

the clergy, and enforced by fire and the sword the terrors of spiritual

censures. In the Netherlands alone, more than one hundred thousand of

the subjects of Charles V. are said to have suffered by the hand of the

executioner; and this extraordinary number is attested by Grotius, a man

of genius and learning, who preserved his moderation amidst the fury

of contending sects, and who composed the annals of his own age and

country, at a time when the invention of printing had facilitated the

means of intelligence, and increased the danger of detection. If we are

obliged to submit our belief to the authority of Grotius, it must be

allowed, that the number of Protestants, who were executed in a single

province and a single reign, far exceeded that of the primitive martyrs

in the space of three centuries, and of the Roman empire. But if the

improbability of the fact itself should prevail over the weight of

evidence; if Grotius should be convicted of exaggerating the merit and

sufferings of the Reformers; we shall be naturally led to inquire what

confidence can be placed in the doubtful and imperfect monuments of

ancient credulity; what degree of credit can be assigned to a courtly

bishop, and a passionate declaimer, * who, under the protection

of Constantine, enjoyed the exclusive privilege of recording the

persecutions inflicted on the Christians by the vanquished rivals or

disregarded predecessors of their gracious sovereign.

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 conqueror 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 CÊsars 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 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.

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. 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; and of the sylvan reign of Amycus, who defied the son of Leda

to the combat of the cestus. 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. From the Cyanean rocks to the point and harbor of Byzantium,

the winding length of the Bosphorus extends about sixteen miles, 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 oldcastles, 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: but the Turkish conqueror was most probably

ignorant, that near two thousand years before his reign, continents by

a bridge of boats. 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.

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. 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. 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.

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, amt 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. 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.

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. 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. 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. 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. * 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 ∆gean or Archipelago. Ancient

Troy, 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

SigÊan to the RhÊtean 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 RhÊteum celebrated his

memory with divine honors. 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 RhÊtean 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.

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,

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. 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.

[See Basilica Of Constantinople]

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, 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: 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. 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; 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." 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.

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.

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. From the eastern promontory to the golden gate,

the extreme length of Constantinople was about three Roman miles; 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. But

the suburbs of Pera and Galata, though situate beyond the harbor, may

deserve to be considered as a part of the city; 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. Such an extent may not seem unworthy of an Imperial

residence. Yet Constantinople must yield to Babylon and Thebes, to

ancient Rome, to London, and even to Paris.

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. 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. 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. 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. 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, 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.

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; 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. 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. The Circus, or Hippodrome, was a

stately building about four hundred paces in length, and one hundred in

breadth. The space between the two met 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. The beauty of the Hippodrome has been long since

defaced by the rude hands of the Turkish conquerors; 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 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. 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. 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.

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. 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. 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,

and alienated the demesnes of Pontus and Asia to grant hereditary

estates by the easy tenure of maintaining a house in the capital. 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.

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

CÊsars was in some measure imitated by the founder of Constantinople:

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. * 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, dignified the public council with the appellation of senate,

communicated to the citizens the privileges of Italy, 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.

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; 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. But while they displayed the vigor

and freshness of youth, the founder prepared to celebrate the dedication

of his city. 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. 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. But the name of Constantinople has prevailed

over that honorable epithet; and after the revolution of fourteen

centuries, still perpetuates the fame of its author.

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; from

which, as well as from the Notitia * of the East and West, 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.

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. 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. 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. 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.

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, 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 PrÊtorian prÊfects, with the prÊfects 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. Among those illustrious magistrates who

were esteemed coordinate with each other, the seniority of appointment

gave place to the union of dignities. 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.

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. In the epistles which the emperor addressed to the two

consuls elect, it was declared, that they were created by his sole

authority. 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. 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. 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. 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. The procession moved from the

palace 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. 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. In the two capitals of

the empire the annual games of the theatre, the circus, and the

amphitheatre, 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. 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.

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, 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. 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. 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 CÊsar 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. 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. 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.

II. The fortunes of the PrÊtorian prÊfects 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

prÊfects, always formidable, and sometimes fatal to the masters whom

they served, was supported by the strength of the PrÊtorian bands; but

after those haughty troops had been weakened by Diocletian, and finally

suppressed by Constantine, the prÊfects, 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 PrÊtorian prÊfect; and after

the monarchy was once more united in the person of Constantine, he still

continued to create the same number of Four PrÊfects, and intrusted to

their care the same provinces which they already administered. 1. The

prÊfect 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

prÊfect of Illyricum. 3. The power of the prÊfect of Italy was not

confined to the country from whence he derived his title; it extended

over the additional territory of RhÊtia 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 prÊfect 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.

After the PrÊtorian prÊfects 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 PrÊtorian prÊfects. 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 prÊfect; 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. His appointments were suitable to his dignity; 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 prÊfects,

they were attentive to counterbalance the power of this great office by

the uncertainty and shortness of its duration.

From their superior importance and dignity, Rome and Constantinople

were alone excepted from the jurisdiction of the PrÊtorian prÊfects. 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. Valerius Messalla was appointed the first prÊfect of Rome, that

his reputation might countenance so invidious a measure; but, at the end

of a few days, that accomplished citizen 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. As

the sense of liberty became less exquisite, the advantages of order

were more clearly understood; and the prÊfect, 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 prÊtors, 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, was gradually

reduced to two or three, and their important functions were confined to

the expensive obligation 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 prÊfects

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. 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 PrÊtorian prÊfects.

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

prÊfects, and the honorable magistrates of the provinces. In this class

the proconsuls of Asia, Achaia, and Africa, claimed a preÎminence, which

was yielded to the remembrance of their ancient dignity; and the appeal

from their tribunal to that of the prÊfects was almost the only mark of

their dependence. 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. The place of Augustal prefect 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-prefects,

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.

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 prÊfects or their deputies,

with the administration of justice and the finances in their respective

districts. The ponderous volumes of the Codes and Pandects 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 prÊfects,

who alone could impose the heavy fine of fifty pounds of gold: their

vicegerents were confined to the trifling weight of a few ounces.

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 PrÊtorian prÊfect. 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; and to prohibit the governor or his son from

contracting marriage with a native, or an inhabitant; or from purchasing

slaves, lands, or houses, within the extent of his jurisdiction.

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.

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. 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, on the

coast of Phnicia; 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 great empire, already corrupted by the

multiplicity of laws, of arts, and of vices. The court of the PrÊtorian

prÊfect 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. 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, 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.

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. The

influence of the revenue, the authority of law, and the command of a

military force, concurred to render their power supreme and absolute;

and whenever they were tempted to violate their allegiance, the loyal

province which they involved in their rebellion was scarcely sensible

of any change in its political state. From the time of Commodus to the

reign of Constantine, near one hundred governors might be enumerated,

who, with various success, erected the standard of revolt; and though

the innocent were too often sacrificed, the guilty might be sometimes

prevented, by the suspicious cruelty of their master. To secure his

throne and the public tranquillity from these formidable servants,

Constantine resolved to divide the military from the civil

administration, and to establish, as a permanent and professional

distinction, a practice which had been adopted only as an occasional

expedient. The supreme jurisdiction exercised by the PrÊtorian

prÊfects over the armies of the empire, was transferred to the two

masters-general whom he instituted, the one for the cavalry, the other

for the infantry; and though each of these illustrious officers was more

peculiarly responsible for the discipline of those troops which were

under his immediate inspection, they both indifferently commanded in the

field the several bodies, whether of horse or foot, which were united in

the same army. Their number was soon doubled by the division of the

east and west; and as separate generals of the same rank and title were

appointed on the four important frontiers of the Rhine, of the Upper and

the Lower Danube, and of the Euphrates, the defence of the Roman empire

was at length committed to eight masters-general of the cavalry and

infantry. Under their orders, thirty-five military commanders were

stationed in the provinces: three in Britain, six in Gaul, one in Spain,

one in Italy, five on the Upper, and four on the Lower Danube; in Asia,

eight, three in Egypt, and four in Africa. The titles of counts, and

dukes, by which they were properly distinguished, have obtained in

modern languages so very different a sense, that the use of them may

occasion some surprise. But it should be recollected, that the second

of those appellations is only a corruption of the Latin word, which was

indiscriminately applied to any military chief. All these provincial

generals were therefore dukes; but no more than ten among them were

dignified with the rank of counts or companions, a title of honor,

or rather of favor, which had been recently invented in the court of

Constantine. A gold belt was the ensign which distinguished the office

of the counts and dukes; and besides their pay, they received a liberal

allowance sufficient to maintain one hundred and ninety servants, and

one hundred and fifty-eight horses. They were strictly prohibited from

interfering in any matter which related to the administration of justice

or the revenue; but the command which they exercised over the troops of

their department, was independent of the authority of the magistrates.

About the same time that Constantine gave a legal sanction to the

ecclesiastical order, he instituted in the Roman empire the nice balance

of the civil and the military powers. The emulation, and sometimes the

discord, which reigned between two professions of opposite interests

and incompatible manners, was productive of beneficial and of pernicious

consequences. It was seldom to be expected that the general and the

civil governor of a province should either conspire for the disturbance,

or should unite for the service, of their country. While the one delayed

to offer the assistance which the other disdained to solicit, the troops

very frequently remained without orders or without supplies; the public

safety was betrayed, and the defenceless subjects were left exposed to

the fury of the Barbarians. The divided administration which had been

formed by Constantine, relaxed the vigor of the state, while it secured

the tranquillity of the monarch.

The memory of Constantine has been deservedly censured for another

innovation, which corrupted military discipline and prepared the ruin

of the empire. The nineteen years which preceded his final victory over

Licinius, had been a period of license and intestine war. The rivals

who contended for the possession of the Roman world, had withdrawn the

greatest part of their forces from the guard of the general frontier;

and the principal cities which formed the boundary of their respective

dominions were filled with soldiers, who considered their countrymen as

their most implacable enemies. After the use of these internal garrisons

had ceased with the civil war, the conqueror wanted either wisdom or

firmness to revive the severe discipline of Diocletian, and to suppress

a fatal indulgence, which habit had endeared and almost confirmed to the

military order. From the reign of Constantine, a popular and even legal

distinction was admitted between the Palatines and the Borderers; the

troops of the court, as they were improperly styled, and the troops of

the frontier. The former, elevated by the superiority of their pay and

privileges, were permitted, except in the extraordinary emergencies of

war, to occupy their tranquil stations in the heart of the provinces.

The most flourishing cities were oppressed by the intolerable weight

of quarters. The soldiers insensibly forgot the virtues of their

profession, and contracted only the vices of civil life. They were

either degraded by the industry of mechanic trades, or enervated by the

luxury of baths and theatres. They soon became careless of their martial

exercises, curious in their diet and apparel; and while they inspired

terror to the subjects of the empire, they trembled at the hostile

approach of the Barbarians. The chain of fortifications which Diocletian

and his colleagues had extended along the banks of the great rivers,

was no longer maintained with the same care, or defended with the same

vigilance. The numbers which still remained under the name of the troops

of the frontier, might be sufficient for the ordinary defence; but their

spirit was degraded by the humiliating reflection, that they who were

exposed to the hardships and dangers of a perpetual warfare, were

rewarded only with about two thirds of the pay and emoluments which were

lavished on the troops of the court. Even the bands or legions that were

raised the nearest to the level of those unworthy favorites, were in

some measure disgraced by the title of honor which they were allowed

to assume. It was in vain that Constantine repeated the most dreadful

menaces of fire and sword against the Borderers who should dare desert

their colors, to connive at the inroads of the Barbarians, or to

participate in the spoil. The mischiefs which flow from injudicious

counsels are seldom removed by the application of partial severities;

and though succeeding princes labored to restore the strength and

numbers of the frontier garrisons, the empire, till the last moment of

its dissolution, continued to languish under the mortal wound which had

been so rashly or so weakly inflicted by the hand of Constantine.

The same timid policy, of dividing whatever is united, of reducing

whatever is eminent, of dreading every active power, and of expecting

that the most feeble will prove the most obedient, seems to pervade the

institutions of several princes, and particularly those of Constantine.

The martial pride of the legions, whose victorious camps had so often

been the scene of rebellion, was nourished by the memory of their past

exploits, and the consciousness of their actual strength. As long as

they maintained their ancient establishment of six thousand men, they

subsisted, under the reign of Diocletian, each of them singly, a visible

and important object in the military history of the Roman empire. A few

years afterwards, these gigantic bodies were shrunk to a very diminutive

size; and when seven legions, with some auxiliaries, defended the city

of Amida against the Persians, the total garrison, with the inhabitants

of both sexes, and the peasants of the deserted country, did not exceed

the number of twenty thousand persons. From this fact, and from similar

examples, there is reason to believe, that the constitution of the

legionary troops, to which they partly owed their valor and discipline,

was dissolved by Constantine; and that the bands of Roman infantry,

which still assumed the same names and the same honors, consisted

only of one thousand or fifteen hundred men. The conspiracy of so many

separate detachments, each of which was awed by the sense of its own

weakness, could easily be checked; and the successors of Constantine

might indulge their love of ostentation, by issuing their orders to one

hundred and thirty-two legions, inscribed on the muster-roll of their

numerous armies. The remainder of their troops was distributed into

several hundred cohorts of infantry, and squadrons of cavalry. Their

arms, and titles, and ensigns, were calculated to inspire terror, and to

display the variety of nations who marched under the Imperial standard.

And not a vestige was left of that severe simplicity, which, in the ages

of freedom and victory, had distinguished the line of battle of a Roman

army from the confused host of an Asiatic monarch. A more particular

enumeration, drawn from the Notitia, might exercise the diligence of an

antiquary; but the historian will content himself with observing,

that the number of permanent stations or garrisons established on the

frontiers of the empire, amounted to five hundred and eighty-three; and

that, under the successors of Constantine, the complete force of the

military establishment was computed at six hundred and forty-five

thousand soldiers. An effort so prodigious surpassed the wants of a more

ancient, and the faculties of a later, period.

In the various states of society, armies are recruited from very

different motives. Barbarians are urged by the love of war; the citizens

of a free republic may be prompted by a principle of duty; the subjects,

or at least the nobles, of a monarchy, are animated by a sentiment of

honor; but the timid and luxurious inhabitants of a declining empire

must be allured into the service by the hopes of profit, or compelled

by the dread of punishment. The resources of the Roman treasury were

exhausted by the increase of pay, by the repetition of donatives, and by

the invention of new emolument and indulgences, which, in the opinion

of the provincial youth might compensate the hardships and dangers of a

military life. Yet, although the stature was lowered, although slaves,

least by a tacit connivance, were indiscriminately received into the

ranks, the insurmountable difficulty of procuring a regular and adequate

supply of volunteers, obliged the emperors to adopt more effectual and

coercive methods. The lands bestowed on the veterans, as the free reward

of their valor were henceforward granted under a condition which

contain the first rudiments of the feudal tenures; that their sons, who

succeeded to the inheritance, should devote themselves to the profession

of arms, as soon as they attained the age of manhood; and their cowardly

refusal was punished by the lose of honor, of fortune, or even of life.

But as the annual growth of the sons of the veterans bore a very small

proportion to the demands of the service, levies of men were frequently

required from the provinces, and every proprietor was obliged either to

take up arms, or to procure a substitute, or to purchase his exemption

by the payment of a heavy fine. The sum of forty-two pieces of gold, to

which it was reduced, ascertains the exorbitant price of volunteers, and

the reluctance with which the government admitted of this alterative.

Such was the horror for the profession of a soldier, which had affected

the minds of the degenerate Romans, that many of the youth of Italy

and the provinces chose to cut off the fingers of their right hand, to

escape from being pressed into the service; and this strange expedient

was so commonly practised, as to deserve the severe animadversion of the

laws, and a peculiar name in the Latin language.

Chapter XVII: Foundation Of Constantinople.--Part V.

The introduction of Barbarians into the Roman armies became every day

more universal, more necessary, and more fatal. The most daring of the

Scythians, of the Goths, and of the Germans, who delighted in war, and

who found it more profitable to defend than to ravage the provinces,

were enrolled, not only in the auxiliaries of their respective nations,

but in the legions themselves, and among the most distinguished of the

Palatine troops. As they freely mingled with the subjects of the empire,

they gradually learned to despise their manners, and to imitate their

arts. They abjured the implicit reverence which the pride of Rome had

exacted from their ignorance, while they acquired the knowledge

and possession of those advantages by which alone she supported her

declining greatness. The Barbarian soldiers, who displayed any military

talents, were advanced, without exception, to the most important

commands; and the names of the tribunes, of the counts and dukes, and of

the generals themselves, betray a foreign origin, which they no longer

condescended to disguise. They were often intrusted with the conduct of

a war against their countrymen; and though most of them preferred the

ties of allegiance to those of blood, they did not always avoid

the guilt, or at least the suspicion, of holding a treasonable

correspondence with the enemy, of inviting his invasion, or of sparing

his retreat. The camps and the palace of the son of Constantine were

governed by the powerful faction of the Franks, who preserved the

strictest connection with each other, and with their country, and who

resented every personal affront as a national indignity. When the tyrant

Caligula was suspected of an intention to invest a very extraordinary

candidate with the consular robes, the sacrilegious profanation would

have scarcely excited less astonishment, if, instead of a horse, the

noblest chieftain of Germany or Britain had been the object of his

choice. The revolution of three centuries had produced so remarkable

a change in the prejudices of the people, that, with the public

approbation, Constantine showed his successors the example of bestowing

the honors of the consulship on the Barbarians, who, by their merit and

services, had deserved to be ranked among the first of the Romans.

But as these hardy veterans, who had been educated in the ignorance or

contempt of the laws, were incapable of exercising any civil offices,

the powers of the human mind were contracted by the irreconcilable

separation of talents as well as of professions. The accomplished

citizens of the Greek and Roman republics, whose characters could adapt

themselves to the bar, the senate, the camp, or the schools, had learned

to write, to speak, and to act with the same spirit, and with equal

abilities.

IV. Besides the magistrates and generals, who at a distance from the

court diffused their delegated authority over the provinces and armies,

the emperor conferred the rank of Illustrious on seven of his more

immediate servants, to whose fidelity he intrusted his safety, or his

counsels, or his treasures. 1. The private apartments of the palace were

governed by a favorite eunuch, who, in the language of that age, was

styled the propositus, or prÊfect of the sacred bed-chamber. His

duty was to attend the emperor in his hours of state, or in those of

amusement, and to perform about his person all those menial services,

which can only derive their splendor from the influence of royalty.

Under a prince who deserved to reign, the great chamberlain (for such we

may call him) was a useful and humble domestic; but an artful domestic,

who improves every occasion of unguarded confidence, will insensibly

acquire over a feeble mind that ascendant which harsh wisdom and

uncomplying virtue can seldom obtain. The degenerate grandsons of

Theodosius, who were invisible to their subjects, and contemptible to

their enemies, exalted the prÊfects of their bed-chamber above the heads

of all the ministers of the palace; and even his deputy, the first of

the splendid train of slaves who waited in the presence, was thought

worthy to rank before the respectable proconsuls of Greece or Asia.

The jurisdiction of the chamberlain was acknowledged by the counts,

or superintendents, who regulated the two important provinces of the

magnificence of the wardrobe, and of the luxury of the Imperial table.

2. The principal administration of public affairs was committed to the

diligence and abilities of the master of the offices. He was the supreme

magistrate of the palace, inspected the discipline of the civil and

military schools, and received appeals from all parts of the empire, in

the causes which related to that numerous army of privileged persons,

who, as the servants of the court, had obtained for themselves and

families a right to decline the authority of the ordinary judges. The

correspondence between the prince and his subjects was managed by

the four scrinia, or offices of this minister of state. The first

was appropriated to memorials, the second to epistles, the third to

petitions, and the fourth to papers and orders of a miscellaneous kind.

Each of these was directed by an inferior master of respectable dignity,

and the whole business was despatched by a hundred and forty-eight

secretaries, chosen for the most part from the profession of the law,

on account of the variety of abstracts of reports and references which

frequently occurred in the exercise of their several functions. From a

condescension, which in former ages would have been esteemed unworthy

the Roman majesty, a particular secretary was allowed for the Greek

language; and interpreters were appointed to receive the ambassadors of

the Barbarians; but the department of foreign affairs, which constitutes

so essential a part of modern policy, seldom diverted the attention of

the master of the offices. His mind was more seriously engaged by the

general direction of the posts and arsenals of the empire. There were

thirty-four cities, fifteen in the East, and nineteen in the West,

in which regular companies of workmen were perpetually employed in

fabricating defensive armor, offensive weapons of all sorts, and

military engines, which were deposited in the arsenals, and occasionally

delivered for the service of the troops. 3. In the course of nine

centuries, the office of quÊstor had experienced a very singular

revolution. In the infancy of Rome, two inferior magistrates were

annually elected by the people, to relieve the consuls from the

invidious management of the public treasure; a similar assistant

was granted to every proconsul, and to every prÊtor, who exercised a

military or provincial command; with the extent of conquest, the two

quÊstors were gradually multiplied to the number of four, of eight,

of twenty, and, for a short time, perhaps, of forty; and the noblest

citizens ambitiously solicited an office which gave them a seat in the

senate, and a just hope of obtaining the honors of the republic. Whilst

Augustus affected to maintain the freedom of election, he consented

to accept the annual privilege of recommending, or rather indeed of

nominating, a certain proportion of candidates; and it was his custom

to select one of these distinguished youths, to read his orations or

epistles in the assemblies of the senate. The practice of Augustus

was imitated by succeeding princes; the occasional commission was

established as a permanent office; and the favored quÊstor, assuming a

new and more illustrious character, alone survived the suppression of

his ancient and useless colleagues. As the orations which he composed in

the name of the emperor, acquired the force, and, at length, the form,

of absolute edicts, he was considered as the representative of the

legislative power, the oracle of the council, and the original source

of the civil jurisprudence. He was sometimes invited to take his seat

in the supreme judicature of the Imperial consistory, with the PrÊtorian

prÊfects, and the master of the offices; and he was frequently requested

to resolve the doubts of inferior judges: but as he was not oppressed

with a variety of subordinate business, his leisure and talents were

employed to cultivate that dignified style of eloquence, which, in the

corruption of taste and language, still preserves the majesty of the

Roman laws. In some respects, the office of the Imperial quÊstor may be

compared with that of a modern chancellor; but the use of a great seal,

which seems to have been adopted by the illiterate barbarians, was

never introduced to attest the public acts of the emperors. 4. The

extraordinary title of count of the sacred largesses was bestowed on

the treasurer-general of the revenue, with the intention perhaps of

inculcating, that every payment flowed from the voluntary bounty of the

monarch. To conceive the almost infinite detail of the annual and daily

expense of the civil and military administration in every part of a

great empire, would exceed the powers of the most vigorous imagination.

The actual account employed several hundred persons, distributed into

eleven different offices, which were artfully contrived to examine and

control their respective operations. The multitude of these agents had

a natural tendency to increase; and it was more than once thought

expedient to dismiss to their native homes the useless supernumeraries,

who, deserting their honest labors, had pressed with too much eagerness

into the lucrative profession of the finances. Twenty-nine provincial

receivers, of whom eighteen were honored with the title of count,

corresponded with the treasurer; and he extended his jurisdiction over

the mines from whence the precious metals were extracted, over the

mints, in which they were converted into the current coin, and over

the public treasuries of the most important cities, where they were

deposited for the service of the state. The foreign trade of the empire

was regulated by this minister, who directed likewise all the linen and

woollen manufactures, in which the successive operations of spinning,

weaving, and dyeing were executed, chiefly by women of a servile

condition, for the use of the palace and army. Twenty-six of these

institutions are enumerated in the West, where the arts had been more

recently introduced, and a still larger proportion may be allowed for

the industrious provinces of the East. 5. Besides the public revenue,

which an absolute monarch might levy and expend according to his

pleasure, the emperors, in the capacity of opulent citizens, possessed

a very extensive property, which was administered by the count or

treasurer of the private estate. Some part had perhaps been the ancient

demesnes of kings and republics; some accessions might be derived from

the families which were successively invested with the purple; but the

most considerable portion flowed from the impure source of confiscations

and forfeitures. The Imperial estates were scattered through the

provinces, from Mauritania to Britain; but the rich and fertile soil of

Cappadocia tempted the monarch to acquire in that country his fairest

possessions, and either Constantine or his successors embraced the

occasion of justifying avarice by religious zeal. They suppressed the

rich temple of Comana, where the high priest of the goddess of war

supported the dignity of a sovereign prince; and they applied to their

private use the consecrated lands, which were inhabited by six thousand

subjects or slaves of the deity and her ministers. But these were not

the valuable inhabitants: the plains that stretch from the foot of

Mount ArgÊus to the banks of the Sarus, bred a generous race of horses,

renowned above all others in the ancient world for their majestic shape

and incomparable swiftness. These sacred animals, destined for the

service of the palace and the Imperial games, were protected by the laws

from the profanation of a vulgar master. The demesnes of Cappadocia were

important enough to require the inspection of a count; officers of an

inferior rank were stationed in the other parts of the empire; and the

deputies of the private, as well as those of the public, treasurer

were maintained in the exercise of their independent functions, and

encouraged to control the authority of the provincial magistrates. 6,

7. The chosen bands of cavalry and infantry, which guarded the person of

the emperor, were under the immediate command of the two counts of the

domestics. The whole number consisted of three thousand five hundred

men, divided into seven schools, or troops, of five hundred each; and in

the East, this honorable service was almost entirely appropriated to

the Armenians. Whenever, on public ceremonies, they were drawn up in the

courts and porticos of the palace, their lofty stature, silent order,

and splendid arms of silver and gold, displayed a martial pomp not

unworthy of the Roman majesty. From the seven schools two companies

of horse and foot were selected, of the protectors, whose advantageous

station was the hope and reward of the most deserving soldiers.

They mounted guard in the interior apartments, and were occasionally

despatched into the provinces, to execute with celerity and vigor the

orders of their master. The counts of the domestics had succeeded to the

office of the PrÊtorian prÊfects; like the prÊfects, they aspired from

the service of the palace to the command of armies.

The perpetual intercourse between the court and the provinces was

facilitated by the construction of roads and the institution of posts.

But these beneficial establishments were accidentally connected with

a pernicious and intolerable abuse. Two or three hundred agents or

messengers were employed, under the jurisdiction of the master of the

offices, to announce the names of the annual consuls, and the edicts

or victories of the emperors. They insensibly assumed the license

of reporting whatever they could observe of the conduct either of

magistrates or of private citizens; and were soon considered as the eyes

of the monarch, and the scourge of the people. Under the warm influence

of a feeble reign, they multiplied to the incredible number of ten

thousand, disdained the mild though frequent admonitions of the laws,

and exercised in the profitable management of the posts a rapacious and

insolent oppression. These official spies, who regularly corresponded

with the palace, were encouraged by favor and reward, anxiously to watch

the progress of every treasonable design, from the faint and latent

symptoms of disaffection, to the actual preparation of an open revolt.

Their careless or criminal violation of truth and justice was covered by

the consecrated mask of zeal; and they might securely aim their poisoned

arrows at the breast either of the guilty or the innocent, who had

provoked their resentment, or refused to purchase their silence. A

faithful subject, of Syria perhaps, or of Britain, was exposed to the

danger, or at least to the dread, of being dragged in chains to the

court of Milan or Constantinople, to defend his life and fortune

against the malicious charge of these privileged informers. The ordinary

administration was conducted by those methods which extreme necessity

can alone palliate; and the defects of evidence were diligently supplied

by the use of torture.

The deceitful and dangerous experiment of the criminal question, as

it is emphatically styled, was admitted, rather than approved, in

the jurisprudence of the Romans. They applied this sanguinary mode of

examination only to servile bodies, whose sufferings were seldom weighed

by those haughty republicans in the scale of justice or humanity; but

they would never consent to violate the sacred person of a citizen,

till they possessed the clearest evidence of his guilt. The annals

of tyranny, from the reign of Tiberius to that of Domitian,

circumstantially relate the executions of many innocent victims; but, as

long as the faintest remembrance was kept alive of the national freedom

and honor, the last hours of a Roman were secured from the danger of

ignominious torture. The conduct of the provincial magistrates was not,

however, regulated by the practice of the city, or the strict maxims of

the civilians. They found the use of torture established not only among

the slaves of oriental despotism, but among the Macedonians, who obeyed

a limited monarch; among the Rhodians, who flourished by the liberty

of commerce; and even among the sage Athenians, who had asserted and

adorned the dignity of human kind. The acquiescence of the provincials

encouraged their governors to acquire, or perhaps to usurp, a

discretionary power of employing the rack, to extort from vagrants or

plebeian criminals the confession of their guilt, till they insensibly

proceeded to confound the distinction of rank, and to disregard the

privileges of Roman citizens. The apprehensions of the subjects urged

them to solicit, and the interest of the sovereign engaged him to

grant, a variety of special exemptions, which tacitly allowed, and even

authorized, the general use of torture. They protected all persons of

illustrious or honorable rank, bishops and their presbyters, professors

of the liberal arts, soldiers and their families, municipal officers,

and their posterity to the third generation, and all children under

the age of puberty. But a fatal maxim was introduced into the new

jurisprudence of the empire, that in the case of treason, which included

every offence that the subtlety of lawyers could derive from a hostile

intention towards the prince or republic, all privileges were suspended,

and all conditions were reduced to the same ignominious level. As the

safety of the emperor was avowedly preferred to every consideration of

justice or humanity, the dignity of age and the tenderness of youth were

alike exposed to the most cruel tortures; and the terrors of a malicious

information, which might select them as the accomplices, or even as the

witnesses, perhaps, of an imaginary crime, perpetually hung over the

heads of the principal citizens of the Roman world.

These evils, however terrible they may appear, were confined to the

smaller number of Roman subjects, whose dangerous situation was in

some degree compensated by the enjoyment of those advantages, either of

nature or of fortune, which exposed them to the jealousy of the monarch.

The obscure millions of a great empire have much less to dread from

the cruelty than from the avarice of their masters, and their humble

happiness is principally affected by the grievance of excessive taxes,

which, gently pressing on the wealthy, descend with accelerated weight

on the meaner and more indigent classes of society. An ingenious

philosopher has calculated the universal measure of the public

impositions by the degrees of freedom and servitude; and ventures to

assert, that, according to an invariable law of nature, it must always

increase with the former, and diminish in a just proportion to the

latter. But this reflection, which would tend to alleviate the miseries

of despotism, is contradicted at least by the history of the Roman

empire; which accuses the same princes of despoiling the senate of its

authority, and the provinces of their wealth. Without abolishing all

the various customs and duties on merchandises, which are imperceptibly

discharged by the apparent choice of the purchaser, the policy of

Constantine and his successors preferred a simple and direct mode of

taxation, more congenial to the spirit of an arbitrary government.

Chapter XVII: Foundation Of Constantinople.--Part VI.

The name and use of the indictions, which serve to ascertain the

chronology of the middle ages, were derived from the regular practice

of the Roman tributes. The emperor subscribed with his own hand, and in

purple ink, the solemn edict, or indiction, which was fixed up in the

principal city of each diocese, during two months previous to the first

day of September. And by a very easy connection of ideas, the word

indiction was transferred to the measure of tribute which it prescribed,

and to the annual term which it allowed for the payment. This general

estimate of the supplies was proportioned to the real and imaginary

wants of the state; but as often as the expense exceeded the revenue, or

the revenue fell short of the computation, an additional tax, under the

name of superindiction, was imposed on the people, and the most valuable

attribute of sovereignty was communicated to the PrÊtorian prÊfects,

who, on some occasions, were permitted to provide for the unforeseen and

extraordinary exigencies of the public service. The execution of these

laws (which it would be tedious to pursue in their minute and intricate

detail) consisted of two distinct operations: the resolving the general

imposition into its constituent parts, which were assessed on the

provinces, the cities, and the individuals of the Roman world; and the

collecting the separate contributions of the individuals, the cities,

and the provinces, till the accumulated sums were poured into the

Imperial treasuries. But as the account between the monarch and

the subject was perpetually open, and as the renewal of the demand

anticipated the perfect discharge of the preceding obligation, the

weighty machine of the finances was moved by the same hands round the

circle of its yearly revolution. Whatever was honorable or important in

the administration of the revenue, was committed to the wisdom of the

prÊfects, and their provincial representatives; the lucrative functions

were claimed by a crowd of subordinate officers, some of whom depended

on the treasurer, others on the governor of the province; and who,

in the inevitable conflicts of a perplexed jurisdiction, had frequent

opportunities of disputing with each other the spoils of the people. The

laborious offices, which could be productive only of envy and reproach,

of expense and danger, were imposed on the Decurions, who formed the

corporations of the cities, and whom the severity of the Imperial laws

had condemned to sustain the burdens of civil society. The whole landed

property of the empire (without excepting the patrimonial estates of the

monarch) was the object of ordinary taxation; and every new purchaser

contracted the obligations of the former proprietor. An accurate census,

or survey, was the only equitable mode of ascertaining the proportion

which every citizen should be obliged to contribute for the public

service; and from the well-known period of the indictions, there is

reason to believe that this difficult and expensive operation was

repeated at the regular distance of fifteen years. The lands were

measured by surveyors, who were sent into the provinces; their nature,

whether arable or pasture, or vineyards or woods, was distinctly

reported; and an estimate was made of their common value from the

average produce of five years. The numbers of slaves and of cattle

constituted an essential part of the report; an oath was administered

to the proprietors, which bound them to disclose the true state of their

affairs; and their attempts to prevaricate, or elude the intention of

the legislator, were severely watched, and punished as a capital crime,

which included the double guilt of treason and sacrilege. A large

portion of the tribute was paid in money; and of the current coin of

the empire, gold alone could be legally accepted. The remainder of the

taxes, according to the proportions determined by the annual indiction,

was furnished in a manner still more direct, and still more oppressive.

According to the different nature of lands, their real produce in the

various articles of wine or oil, corn or barley, wood or iron, was

transported by the labor or at the expense of the provincials * to the

Imperial magazines, from whence they were occasionally distributed

for the use of the court, of the army, and of two capitals, Rome and

Constantinople. The commissioners of the revenue were so frequently

obliged to make considerable purchases, that they were strictly

prohibited from allowing any compensation, or from receiving in money

the value of those supplies which were exacted in kind. In the primitive

simplicity of small communities, this method may be well adapted to

collect the almost voluntary offerings of the people; but it is at once

susceptible of the utmost latitude, and of the utmost strictness, which

in a corrupt and absolute monarchy must introduce a perpetual contest

between the power of oppression and the arts of fraud. The agriculture

of the Roman provinces was insensibly ruined, and, in the progress of

despotism which tends to disappoint its own purpose, the emperors were

obliged to derive some merit from the forgiveness of debts, or the

remission of tributes, which their subjects were utterly incapable of

paying. According to the new division of Italy, the fertile and happy

province of Campania, the scene of the early victories and of the

delicious retirements of the citizens of Rome, extended between the

sea and the Apennine, from the Tiber to the Silarus. Within sixty years

after the death of Constantine, and on the evidence of an actual survey,

an exemption was granted in favor of three hundred and thirty thousand

English acres of desert and uncultivated land; which amounted to one

eighth of the whole surface of the province. As the footsteps of the

Barbarians had not yet been seen in Italy, the cause of this amazing

desolation, which is recorded in the laws, can be ascribed only to the

administration of the Roman emperors.

Either from design or from accident, the mode of assessment seemed to

unite the substance of a land tax with the forms of a capitation. The

returns which were sent of every province or district, expressed the

number of tributary subjects, and the amount of the public impositions.

The latter of these sums was divided by the former; and the estimate,

that such a province contained so many capita, or heads of tribute; and

that each head was rated at such a price, was universally received, not

only in the popular, but even in the legal computation. The value of

a tributary head must have varied, according to many accidental, or at

least fluctuating circumstances; but some knowledge has been preserved

of a very curious fact, the more important, since it relates to one of

the richest provinces of the Roman empire, and which now flourishes as

the most splendid of the European kingdoms. The rapacious ministers of

Constantius had exhausted the wealth of Gaul, by exacting twenty-five

pieces of gold for the annual tribute of every head. The humane policy

of his successor reduced the capitation to seven pieces. A moderate

proportion between these opposite extremes of extraordinary oppression

and of transient indulgence, may therefore be fixed at sixteen pieces

of gold, or about nine pounds sterling, the common standard, perhaps,

of the impositions of Gaul. But this calculation, or rather, indeed,

the facts from whence it is deduced, cannot fail of suggesting two

difficulties to a thinking mind, who will be at once surprised by the

equality, and by the enormity, of the capitation. An attempt to explain

them may perhaps reflect some light on the interesting subject of the

finances of the declining empire.

History of the Decline and Fall of the Roman Empire — Volume 2(#891) · 第 13 / 27 章