[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.]