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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



[54: Montesquieu, Grandeur et Decadence des Romains, c. 17.]



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



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



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



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



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



[C: This was also at the expense of Rome. The emperor ordered that the fleet of Alexandria should transport to Constantinople the grain of Egypt which it carried before to Rome: this grain supplied Rome during four months of the year. Claudian has described with force the famine occasioned by this measure: - Haec nobis, haec ante dabas; nunc pabula tantum Roma precor: miserere tuae; pater optime, gentis: Extremam defende famem. Claud. de Bell. Gildon. v. 34. - G. It was scarcely this measure. Gildo had cut off the African as well as the Egyptian supplies. - M.]



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



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



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



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



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



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



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



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



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



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



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


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


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


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




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



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



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



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



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



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



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



[80: Cod. Theodos. l. vi. tit. xxii.]



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



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



[83: Immanesque. . . dentes Qui secti ferro in tabulas auroque micantes, Inscripti rutilum coelato Consule nomen Per proceres et vulgus eant. Claud. in ii. Cons. Stilichon. 456. Montfaucon has represented some of these tablets or dypticks see Supplement a l'Antiquite expliquee, tom. iii. p. 220.]



[84: Consule laetatur post plurima seculo viso Pallanteus apex: agnoscunt rostra curules Auditas quondam proavis: desuetaque cingit Regius auratis Fora fascibus Ulpia lictor. Claud. in vi. Cons. Honorii, 643. From the reign of Carus to the sixth consulship of Honorius, there was an interval of one hundred and twenty years, during which the emperors were always absent from Rome on the first day of January. See the Chronologie de Tillemonte, tom. iii. iv. and v.]



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



[87: See Valesius ad Ammian. Marcellin. l. xxii. c. 7.]



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



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



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



[91: Procopius in Hist. Arcana, c. 26.]



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



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



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



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



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



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



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



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



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



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



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



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



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



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


[106: See Lipsius, Excursus D. ad 1 lib. Tacit. Annal.]


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


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


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




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



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



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



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



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



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



[116: Pandect. l. xxiii. tit. ii. n. 38, 57, 63.]



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



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



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



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



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



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



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



[124: See a very splendid example in the life of Agricola, particularly c. 20, 21. The lieutenant of Britain was intrusted with the same powers which Cicero, proconsul of Cilicia, had exercised in the name of the senate and people.]



[125: The Abbe Dubos, who has examined with accuracy (see Hist. de la Monarchie Francoise, tom. i. p. 41-100, edit. 1742) the institutions of Augustus and of Constantine, observes, that if Otho had been put to death the day before he executed his conspiracy, Otho would now appear in history as innocent as Corbulo.]



[126: Zosimus, l. ii. p. 110. Before the end of the reign of Constantius, the magistri militum were already increased to four. See Velesius ad Ammian. l. xvi. c. 7.]



[127: Though the military counts and dukes are frequently mentioned, both in history and the codes, we must have recourse to the Notitia for the exact knowledge of their number and stations. For the institution, rank, privileges, &c., of the counts in general see Cod. Theod. l. vi. tit. xii. - xx., with the commentary of Godefroy.]



[128: Zosimus, l ii. p. 111. The distinction between the two classes of Roman troops, is very darkly expressed in the historians, the laws, and the Notitia. Consult, however, the copious paratitlon, or abstract, which Godefroy has drawn up of the seventh book, de Re Militari, of the Theodosian Code, l. vii. tit. i. leg. 18, l. viii. tit. i. leg. 10.]



[129: Ferox erat in suos miles et rapax, ignavus vero in hostes et fractus. Ammian. l. xxii. c. 4. He observes, that they loved downy beds and houses of marble; and that their cups were heavier than their swords.]



[130: Cod. Theod. l. vii. tit. i. leg. 1, tit. xii. leg. i. See Howell's Hist. of the World, vol. ii. p. 19. That learned historian, who is not sufficiently known, labors to justify the character and policy of Constantine.]



[131: Ammian. l. xix. c. 2. He observes, (c. 5,) that the desperate sallies of two Gallic legions were like a handful of water thrown on a great conflagration.]



[132: Pancirolus ad Notitiam, p. 96. Memoires de l'Academie des Inscriptions, tom. xxv. p. 491.]



[133: Romana acies unius prope formae erat et hominum et armorum genere. - Regia acies varia magis multis gentibus dissimilitudine armorum auxiliorumque erat. T. Liv. l. xxxvii. c. 39, 40. Flaminius, even before the event, had compared the army of Antiochus to a supper in which the flesh of one vile animal was diversified by the skill of the cooks. See the Life of Flaminius in Plutarch.]



[134: Agathias, l. v. p. 157, edit. Louvre.]



[135: Valentinian (Cod. Theodos. l. vii. tit. xiii. leg. 3) fixes the standard at five feet seven inches, about five feet four inches and a half, English measure. It had formerly been five feet ten inches, and in the best corps, six Roman feet. Sed tunc erat amplior multitude se et plures sequebantur militiam armatam. Vegetius de Re Militari l. i. c. v.]



[136: See the two titles, De Veteranis and De Filiis Veteranorum, in the seventh book of the Theodosian Code. The age at which their military service was required, varied from twenty-five to sixteen. If the sons of the veterans appeared with a horse, they had a right to serve in the cavalry; two horses gave them some valuable privileges]



[137: Cod. Theod. l. vii. tit. xiii. leg. 7. According to the historian Socrates, (see Godefroy ad loc.,) the same emperor Valens sometimes required eighty pieces of gold for a recruit. In the following law it is faintly expressed, that slaves shall not be admitted inter optimas lectissimorum militum turmas.]



[138: The person and property of a Roman knight, who had mutilated his two sons, were sold at public auction by order of Augustus. (Sueton. in August. c. 27.) The moderation of that artful usurper proves, that this example of severity was justified by the spirit of the times. Ammianus makes a distinction between the effeminate Italians and the hardy Gauls. (L. xv. c. 12.) Yet only 15 years afterwards, Valentinian, in a law addressed to the praefect of Gaul, is obliged to enact that these cowardly deserters shall be burnt alive. Cod. Theod. l. vii. tit. xiii. leg. 5.) Their numbers in Illyricum were so considerable, that the province complained of a scarcity of recruits. (Id. leg. 10.)]



[139: They were called Murci. Murcidus is found in Plautus and Festus, to denote a lazy and cowardly person, who, according to Arnobius and Augustin, was under the immediate protection of the goddess Murcia. From this particular instance of cowardice, murcare is used as synonymous to mutilare, by the writers of the middle Latinity. See Linder brogius and Valesius ad Ammian. Marcellin, l. xv. c. 12]



[140: Malarichus - adhibitis Francis quorum ea tempestate in palatio multitudo florebat, erectius jam loquebatur tumultuabaturque. Ammian. l. xv. c. 5.]



[141: Barbaros omnium primus, ad usque fasces auxerat et trabeas consulares. Ammian. l. xx. c. 10. Eusebius (in Vit. Constantin. l. iv c.7) and Aurelius Victor seem to confirm the truth of this assertion yet in the thirty-two consular Fasti of the reign of Constantine cannot discover the name of a single Barbarian. I should therefore interpret the liberality of that prince as relative to the ornaments rather than to the office, of the consulship.]



[142: Cod. Theod. l. vi. tit. 8.]



[143: By a very singular metaphor, borrowed from the military character of the first emperors, the steward of their household was styled the count of their camp, (comes castrensis.) Cassiodorus very seriously represents to him, that his own fame, and that of the empire, must depend on the opinion which foreign ambassadors may conceive of the plenty and magnificence of the royal table. (Variar. l. vi. epistol. 9.)]



[144: Gutherius (de Officiis Domus Augustae, l. ii. c. 20, l. iii.) has very accurately explained the functions of the master of the offices, and the constitution of the subordinate scrinia. But he vainly attempts, on the most doubtful authority, to deduce from the time of the Antonines, or even of Nero, the origin of a magistrate who cannot be found in history before the reign of Constantine.]



[145: Tacitus (Annal. xi. 22) says, that the first quaestors were elected by the people, sixty-four years after the foundation of the republic; but he is of opinion, that they had, long before that period, been annually appointed by the consuls, and even by the kings. But this obscure point of antiquity is contested by other writers.]



[146: Tacitus (Annal. xi. 22) seems to consider twenty as the highest number of quaestors; and Dion (l. xliii. p 374) insinuates, that if the dictator Caesar once created forty, it was only to facilitate the payment of an immense debt of gratitude. Yet the augmentation which he made of praetors subsisted under the succeeding reigns.]



[147: Sueton. in August. c. 65, and Torrent. ad loc. Dion. Cas. p. 755.]



[148: The youth and inexperience of the quaestors, who entered on that important office in their twenty-fifth year, (Lips. Excurs. ad Tacit. l. iii. D.,) engaged Augustus to remove them from the management of the treasury; and though they were restored by Claudius, they seem to have been finally dismissed by Nero. (Tacit Annal. xiii. 29. Sueton. in Aug. c. 36, in Claud. c. 24. Dion, p. 696, 961, &c. Plin. Epistol. x. 20, et alibi.) In the provinces of the Imperial division, the place of the quaestors was more ably supplied by the procurators, (Dion Cas. p. 707. Tacit. in Vit. Agricol. c. 15;) or, as they were afterwards called, rationales. (Hist. August. p. 130.) But in the provinces of the senate we may still discover a series of quaestors till the reign of Marcus Antoninus. (See the Inscriptions of Gruter, the Epistles of Pliny, and a decisive fact in the Augustan History, p. 64.) From Ulpian we may learn, (Pandect. l. i. tit. 13,) that under the government of the house of Severus, their provincial administration was abolished; and in the subsequent troubles, the annual or triennial elections of quaestors must have naturally ceased.]



[149: Cum patris nomine et epistolas ipse dictaret, et edicta conscrib eret, orationesque in senatu recitaret, etiam quaestoris vice. Sueton, in Tit. c. 6. The office must have acquired new dignity, which was occasionally executed by the heir apparent of the empire. Trajan intrusted the same care to Hadrian, his quaestor and cousin. See Dodwell, Praelection. Cambden, x. xi. p. 362-394.]



[150: Terris edicta daturus; Supplicibus responsa. - Oracula regis Eloquio crevere tuo; nec dignius unquam Majestas meminit sese Romana locutam. Claudian in Consulat. Mall. Theodor. 33. See likewise Symmachus (Epistol. i. 17) and Cassiodorus. (Variar. iv. 5.)]



[151: Cod. Theod. l. vi. tit. 30. Cod. Justinian. l. xii. tit. 24.]



[152: In the departments of the two counts of the treasury, the eastern part of the Notitia happens to be very defective. It may be observed, that we had a treasury chest in London, and a gyneceum or manufacture at Winchester. But Britain was not thought worthy either of a mint or of an arsenal. Gaul alone possessed three of the former, and eight of the latter.]



[153: Cod. Theod. l. vi. tit. xxx. leg. 2, and Godefroy ad loc.]



[154: Strabon. Geograph. l. xxii. p. 809, [edit. Casaub.] The other temple of Comana, in Pontus, was a colony from that of Cappadocia, l. xii. p. 835. The President Des Brosses (see his Saluste, tom. ii. p. 21, [edit. Causub.]) conjectures that the deity adored in both Comanas was Beltis, the Venus of the east, the goddess of generation; a very different being indeed from the goddess of war.]



[155: Cod. Theod. l. x. tit. vi. de Grege Dominico. Godefroy has collected every circumstance of antiquity relative to the Cappadocian horses. One of the finest breeds, the Palmatian, was the forfeiture of a rebel, whose estate lay about sixteen miles from Tyana, near the great road between Constantinople and Antioch.]



[156: Justinian (Novell. 30) subjected the province of the count of Cappadocia to the immediate authority of the favorite eunuch, who presided over the sacred bed-chamber.]



[157: Cod. Theod. l. vi. tit. xxx. leg. 4, &c.]



[158: Pancirolus, p. 102, 136. The appearance of these military domestics is described in the Latin poem of Corippus, de Laudibus Justin. l. iii. 157-179. p. 419, 420 of the Appendix Hist. Byzantin. Rom. 177.]



[159: Ammianus Marcellinus, who served so many years, obtained only the rank of a protector. The first ten among these honorable soldiers were Clarissimi.]



[160: Xenophon, Cyropaed. l. viii. Brisson, de Regno Persico, l. i No 190, p. 264. The emperors adopted with pleasure this Persian metaphor.]



[161: For the Agentes in Rebus, see Ammian. l. xv. c. 3, l. xvi. c. 5, l. xxii. c. 7, with the curious annotations of Valesius. Cod. Theod. l. vi. tit. xxvii. xxviii. xxix. Among the passages collected in the Commentary of Godefroy, the most remarkable is one from Libanius, in his discourse concerning the death of Julian.]



[162: The Pandects (l. xlviii. tit. xviii.) contain the sentiments of the most celebrated civilians on the subject of torture. They strictly confine it to slaves; and Ulpian himself is ready to acknowledge that Res est fragilis, et periculosa, et quae veritatem fallat.]



[163: In the conspiracy of Piso against Nero, Epicharis (libertina mulier) was the only person tortured; the rest were intacti tormentis. It would be superfluous to add a weaker, and it would be difficult to find a stronger, example. Tacit. Annal. xv. 57.]



[164: Dicendum . . . de Institutis Atheniensium, Rhodiorum, doctissimorum hominum, apud quos etiam (id quod acerbissimum est) liberi, civesque torquentur. Cicero, Partit. Orat. c. 34. We may learn from the trial of Philotas the practice of the Macedonians. (Diodor. Sicul. l. xvii. p. 604. Q. Curt. l. vi. c. 11.]



[165: Heineccius (Element. Jur. Civil. part vii. p. 81) has collected these exemptions into one view.]



[166: This definition of the sage Ulpian (Pandect. l. xlviii. tit. iv.) seems to have been adapted to the court of Caracalla, rather than to that of Alexander Severus. See the Codes of Theodosius and ad leg. Juliam majestatis.]



[167: Arcadius Charisius is the oldest lawyer quoted to justify the universal practice of torture in all cases of treason; but this maxim of tyranny, which is admitted by Ammianus with the most respectful terror, is enforced by several laws of the successors of Constantine. See Cod. Theod. l. ix. tit. xxxv. majestatis crimine omnibus aequa est conditio.]



[168: Montesquieu, Esprit des Loix, l. xii. c. 13.]

[169: Mr. Hume (Essays, vol. i. p. 389) has seen this importance with some degree of perplexity.]



[170: The cycle of indictions, which may be traced as high as the reign of Constantius, or perhaps of his father, Constantine, is still employed by the Papal court; but the commencement of the year has been very reasonably altered to the first of January. See l'Art de Verifier les Dates, p. xi.; and Dictionnaire Raison. de la Diplomatique, tom. ii. p. 25; two accurate treatises, which come from the workshop of the Benedictines.]



[*: It does not appear that the establishment of the indiction is to be at tributed to Constantine: it existed before he had been created Augustus at Rome, and the remission granted by him to the city of Autun is the proof. He would not have ventured while only Caesar, and under the necessity of courting popular favor, to establish such an odious impost. Aurelius Victor and Lactantius agree in designating Diocletian as the author of this despotic institution. Aur. Vict. de Caes. c. 39. Lactant. de Mort. Pers. c. 7 - G.]



[171: The first twenty-eight titles of the eleventh book of the Theodosian Code are filled with the circumstantial regulations on the important subject of tributes; but they suppose a clearer knowledge of fundamental principles than it is at present in our power to attain.]



[172: The title concerning the Decurions (l. xii. tit. i.) is the most ample in the whole Theodosian Code; since it contains not less than one hundred and ninety-two distinct laws to ascertain the duties and privileges of that useful order of citizens. Note: The Decurions were charged with assessing, according to the census of property prepared by the tabularii, the payment due from each proprietor. This odious office was authoritatively imposed on the richest citizens of each town; they had no salary, and all their compensation was, to be exempt from certain corporal punishments, in case they should have incurred them. The Decurionate was the ruin of all the rich. Hence they tried every way of avoiding this dangerous honor; they concealed themselves, they entered into military service; but their efforts were unavailing; they were seized, they were compelled to become Decurions, and the dread inspired by this title was termed Impiety. - G. The Decurions were mutually responsible; they were obliged to undertake for pieces of ground abandoned by their owners on account of the pressure of the taxes, and, finally, to make up all deficiencies. Savigny chichte des Rom. Rechts, i. 25. - M.]



[173: Habemus enim et hominum numerum qui delati sunt, et agrun modum. Eumenius in Panegyr. Vet. viii. 6. See Cod. Theod. l. xiii. tit. x. xi., with Godefroy's Commentary.]



[174: Siquis sacrilega vitem falce succiderit, aut feracium ramorum foetus hebetaverit, quo delinet fidem Censuum, et mentiatur callide paupertatis ingenium, mox detectus capitale subibit exitium, et bona ejus in Fisci jura migrabunt. Cod. Theod. l. xiii. tit. xi. leg. 1. Although this law is not without its studied obscurity, it is, however clear enough to prove the minuteness of the inquisition, and the disproportion of the penalty.]



[175: The astonishment of Pliny would have ceased. Equidem miror P. R. victis gentibus argentum semper imperitasse non aurum. Hist Natur. xxxiii. 15.]



[E: The proprietors were not charged with the expense of this transport in the provinces situated on the sea-shore or near the great rivers, there were companies of boatmen, and of masters of vessels, who had this commission, and furnished the means of transport at their own expense. In return, they were themselves exempt, altogether, or in part, from the indiction and other imposts. They had certain privileges; particular regulations determined their rights and obligations. (Cod. Theod. l. xiii. tit. v. ix.) The transports by land were made in the same manner, by the intervention of a privileged company called Bastaga; the members were called Bastagarii Cod. Theod. l. viii. tit. v. - G.]



[176: Some precautions were taken (see Cod. Theod. l. xi. tit. ii. and Cod. Justinian. l. x. tit. xxvii. leg. 1, 2, 3) to restrain the magistrates from the abuse of their authority, either in the exaction or in the purchase of corn: but those who had learning enough to read the orations of Cicero against Verres, (iii. de Frumento,) might instruct themselves in all the various arts of oppression, with regard to the weight, the price, the quality, and the carriage. The avarice of an unlettered governor would supply the ignorance of precept or precedent.]



[177: Cod. Theod. l. xi. tit. xxviii. leg. 2, published the 24th of March, A. D. 395, by the emperor Honorius, only two months after the death of his father, Theodosius. He speaks of 528,042 Roman jugera, which I have reduced to the English measure. The jugerum contained 28,800 square Roman feet.]



[178: Godefroy (Cod. Theod. tom. vi. p. 116) argues with weight and learning on the subject of the capitation; but while he explains the caput, as a share or measure of property, he too absolutely excludes the idea of a personal assessment.]



[179: Quid profuerit (Julianus) anhelantibus extrema penuria Gallis, hinc maxime claret, quod primitus partes eas ingressus, pro capitibusingulis tributi nomine vicenos quinos aureos reperit flagitari; discedens vero septenos tantum numera universa complentes. Ammian. l. xvi. c. 5.]



[180: In the calculation of any sum of money under Constantine and his successors, we need only refer to the excellent discourse of Mr. Greaves on the Denarius, for the proof of the following principles; 1. That the ancient and modern Roman pound, containing 5256 grains of Troy weight, is about one twelfth lighter than the English pound, which is composed of 5760 of the same grains. 2. That the pound of gold, which had once been divided into forty-eight aurei, was at this time coined into seventy-two smaller pieces of the same denomination. 3. That five of these aurei were the legal tender for a pound of silver, and that consequently the pound of gold was exchanged for fourteen pounds eight ounces of silver, according to the Roman, or about thirteen pounds according to the English weight. 4. That the English pound of silver is coined into sixty-two shillings. From these elements we may compute the Roman pound of gold, the usual method of reckoning large sums, at forty pounds sterling, and we may fix the currency of the aureus at somewhat more than eleven shillings. Note: See, likewise, a Dissertation of M. Letronne, "Considerations Generales sur l'Evaluation des Monnaies Grecques et Romaines" Paris, 1817 - M.]



[F: Two masterly dissertations of M. Savigny, in the Mem. of the Berlin Academy (1822 and 1823) have thrown new light on the taxation system of the Empire. Gibbon, according to M. Savigny, is mistaken in supposing that there was but one kind of capitation tax; there was a land tax, and a capitation tax, strictly so called. The land tax was, in its operation, a proprietor's or landlord's tax. But, besides this, there was a direct capitation tax on all who were not possessed of landed property. This tax dates from the time of the Roman conquests; its amount is not clearly known. Gradual exemptions released different persons and classes from this tax. One edict exempts painters. In Syria, all under twelve or fourteen, or above sixty-five, were exempted; at a later period, all under twenty, and all unmarried females; still later, all under twenty-five, widows and nuns, soldiers, veterani and clerici - whole dioceses, that of Thrace and Illyricum. Under Galerius and Licinius, the plebs urbana became exempt; though this, perhaps, was only an ordinance for the East. By degrees, however, the exemption was extended to all the inhabitants of towns; and as it was strictly capitatio plebeia, from which all possessors were exempted it fell at length altogether on the coloni and agricultural slaves. These were registered in the same cataster (capitastrum) with the land tax. It was paid by the proprietor, who raised it again from his coloni and laborers. - M.]



[181: Geryones nos esse puta, monstrumque tributum, Hic capita ut vivam, tu mihi tolle tria. Sidon. Apollinar. Carm. xiii. The reputation of Father Sirmond led me to expect more satisfaction than I have found in his note (p. 144) on this remarkable passage. The words, suo vel suorum nomine, betray the perplexity of the commentator.]



[182: This assertion, however formidable it may seem, is founded on the original registers of births, deaths, and marriages, collected by public authority, and now deposited in the Controlee General at Paris. The annual average of births throughout the whole kingdom, taken in five years, (from 1770 to 1774, both inclusive,) is 479,649 boys, and 449,269 girls, in all 928,918 children. The province of French Hainault alone furnishes 9906 births; and we are assured, by an actual enumeration of the people, annually repeated from the year 1773 to the year 1776, that upon an average, Hainault contains 257,097 inhabitants. By the rules of fair analogy, we might infer, that the ordinary proportion of annual births to the whole people, is about 1 to 26; and that the kingdom of France contains 24,151,868 persons of both sexes and of every age. If we content ourselves with the more moderate proportion of 1 to 25, the whole population will amount to 23,222,950. From the diligent researches of the French Government, (which are not unworthy of our own imitation,) we may hope to obtain a still greater degree of certainty on this important subject Note: On no subject has so much valuable information been collected since the time of Gibbon, as the statistics of the different countries of Europe but much is still wanting as to our own - M.]



[183: Cod. Theod. l. v. tit. ix. x. xi. Cod. Justinian. l. xi. tit. lxiii. Coloni appellantur qui conditionem debent genitali solo, propter agriculturum sub dominio possessorum. Augustin. de Civitate Dei, l. x. c. i.]



[184: The ancient jurisdiction of (Augustodunum) Autun in Burgundy, the capital of the Aedui, comprehended the adjacent territory of (Noviodunum) Nevers. See D'Anville, Notice de l'Ancienne Gaule, p. 491. The two dioceses of Autun and Nevers are now composed, the former of 610, and the latter of 160 parishes. The registers of births, taken during eleven years, in 476 parishes of the same province of Burgundy, and multiplied by the moderate proportion of 25, (see Messance Recherches sur la Population, p. 142,) may authorizes us to assign an average number of 656 persons for each parish, which being again multiplied by the 770 parishes of the dioceses of Nevers and Autun, will produce the sum of 505,120 persons for the extent of country which was once possessed by the Aedui.]



[185: We might derive an additional supply of 301,750 inhabitants from the dioceses of Chalons (Cabillonum) and of Macon, (Matisco,) since they contain, the one 200, and the other 260 parishes. This accession of territory might be justified by very specious reasons. 1. Chalons and Macon were undoubtedly within the original jurisdiction of the Aedui. (See D'Anville, Notice, p. 187, 443.) 2. In the Notitia of Gaul, they are enumerated not as Civitates, but merely as Castra. 3. They do not appear to have been episcopal seats before the fifth and sixth centuries. Yet there is a passage in Eumenius (Panegyr. Vet. viii. 7) which very forcibly deters me from extending the territory of the Aedui, in the reign of Constantine, along the beautiful banks of the navigable Saone. Note: In this passage of Eumenius, Savigny supposes the original number to have been 32,000: 7000 being discharged, there remained 25,000 liable to the tribute. See Mem. quoted above. - M.]



[186: Eumenius in Panegyr Vet. viii. 11.]



[187: L'Abbe du Bos, Hist. Critique de la M. F. tom. i. p. 121]



[188: See Cod. Theod. l. xiii. tit. i. and iv.]



[G: The emperor Theodosius put an end, by a law. to this disgraceful source of revenue. (Godef. ad Cod. Theod. xiii. tit. i. c. 1.) But before he deprived himself of it, he made sure of some way of replacing this deficit. A rich patrician, Florentius, indignant at this legalized licentiousness, had made representations on the subject to the emperor. To induce him to tolerate it no longer, he offered his own property to supply the diminution of the revenue. The emperor had the baseness to accept his offer - G.]



[189: Zosimus, l. ii. p. 115. There is probably as much passion and prejudice in the attack of Zosimus, as in the elaborate defence of the memory of Constantine by the zealous Dr. Howell. Hist. of the World, vol. ii. p. 20.]



[190: Cod. Theod. l. xi. tit vii. leg. 3.]



[191: See Lipsius de Magnitud. Romana, l. ii. c. 9. The Tarragonese Spain presented the emperor Claudius with a crown of gold of seven, and Gaul with another of nine, hundred pounds weight. I have followed the rational emendation of Lipsius. Note: This custom is of still earlier date, the Romans had borrowed it from Greece. Who is not acquainted with the famous oration of Demosthenes for the golden crown, which his citizens wished to bestow, and Aeschines to deprive him of? - G.]



[192: Cod. Theod. l. xii. tit. xiii. The senators were supposed to be exempt from the Aurum Coronarium; but the Auri Oblatio, which was required at their hands, was precisely of the same nature.]



[193: The great Theodosius, in his judicious advice to his son, (Claudian in iv. Consulat. Honorii, 214, &c.,) distinguishes the station of a Roman prince from that of a Parthian monarch. Virtue was necessary for the one; birth might suffice for the other.]

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