CHAPTER - Jornandes (de Rebus Geticis, c. 13, 14, p. 629, 630, edit. Grot.) has drawn the pedigree of Theodoric from Gapt, one of the Anses or Demigods, who lived about the time of Domitian. Cassiodorus, the first who celebrates the royal race of the Amali, (Viriar. viii. 5, ix. 25, x. 2, xi. 1,) reckons the grandson of Theodoric as the xviith in descent.

Peringsciold (the Swedish commentator of Cochloeus, Vit. Theodoric. p. 271, etc., Stockholm, 1699) labors to connect this genealogy with the legends or traditions of his native country. Amala was a name of hereditary sanctity and honor among the Visigoths. It enters into the names of Amalaberga, Amala suintha, (swinther means strength,) Amalafred, Amalarich. In the poem of the Nibelungen written three hundred years later, the Ostrogoths are called the Amilungen.

According to Wachter it means, unstained, from the privative a, and malo a stain. It is pure Sanscrit, Amala, immaculatus. Schlegel.

Indische Bibliothek, 1. p. 233. - M. More correctly on the banks of the Lake Pelso, (Nieusiedler- see,) near Carnuntum, almost on the same spot where Marcus Antoninus composed his meditations, (Jornandes, c. 52, p. 659. Severin. Pannonia Illustrata, p. 22. Cellarius, Geograph. Antiq. (tom. i. p. 350.) The date of Theodoric's birth is not accurately determined. We can hardly err, observes Manso, in placing it between the years 453 and 455, Manso, Geschichte des Ost Gothischen Reichs, p. 14. - M. The four first letters ( QEOD)of his name were inscribed on a gold plate, and when it was fixed on the paper, the king drew his pen through the intervals (Anonym. Valesian. ad calcem Amm. Marcellin p. 722.) This authentic fact, with the testimony of Procopius, or at least of the contemporary Goths, (Gothic. 1. i. c. 2, p. 311,) far outweighs the vague praises of Ennodius (Sirmond Opera, tom. i. p. 1596) and Theophanes, (Chronograph. p. 112.) Note: Le Beau and his Commentator, M. St. Martin, support, though with no very satisfactory evidence, the opposite opinion. But Lord Mahon (Life of Belisarius, p. 19) urges the much stronger argument, the Byzantine education of Theodroic. - M. Statura est quae resignet proceritate regnantem, (Ennodius, p. 1614.)

The bishop of Pavia (I mean the ecclesiastic who wished to be a bishop) then proceeds to celebrate the complexion, eyes, hands, etc, of his sovereign. The state of the Ostrogoths, and the first years of Theodoric, are found in Jornandes, (c. 52 - 56, p. 689 - 696) and Malchus, (Excerpt. Legat. p. 78 - 80,) who erroneously styles him the son of Walamir. Theophanes (p. 111) inserts a copy of her sacred letters to the provinces.

I]ste o[ti to< basi>leion hJme>tero>n ejsti kai< o[ti proceirhsa>meqa basile>a Traskallisai~on. Such female pretensions would have astonished the slaves of the first Caesars. Vol. iii. p. 504 - 508. Suidas, tom. i. p. 332, 333, edit. Kuster. Joannes Lydus accuses Zeno of timidity, or, rather, of cowardice; he purchased an ignominious peace from the enemies of the empire, whom he dared not meet in battle; and employed his whole time at home in confiscations and executions. Lydus, de Magist. iii. 45, p. 230. - M. Named Illus. - M. The contemporary histories of Malchus and Candidus are lost; but some extracts or fragments have been saved by Photius, (lxxviii. lxxix. p. - 102,) Constantine Porphyrogenitus, (Excerpt. Leg. p. 78 - 97,) and in various articles of the Lexicon of Suidas. The Chronicles of Marcellinus (Imago Historiae) are originals for the reigns of Zeno and Anastasius; and I must acknowledge, almost for the last time, my obligations to the large and accurate collections of Tillemont, (Hist. des Emp. tom. vi. p. 472 - 652). The Panegyric of Procopius of Gaza, (edited by Villoison in his Anecdota Graeca, and reprinted in the new edition of the Byzantine historians by Niebuhr, in the same vol. with Dexippus and Eunapius, viii. p. 488 516,) was unknown to Gibbon. It is vague and pedantic, and contains few facts. The same criticism will apply to the poetical panegyric of Priscian edited from the Ms. of Bobbio by Ang. Mai.

Priscian, the gram marian, Niebuhr argues from this work, must have been born in the African, not in either of the Asiatic Caesareas. Pref. p. xi. - M. In ipsis congressionis tuae foribus cessit invasor, cum profugo per te sceptra redderentur de salute dubitanti. Ennodius then proceeds (p. 1596, 1597, tom. i. Sirmond.) to transport his hero (on a flying dragon?) into Aethiopia, beyond the tropic of Cancer. The evidence of the Valesian Fragment, (p. 717,) Liberatus, (Brev. Eutych. c. 25 p. 118,) and Theophanes, (p. 112,) is more sober and rational. This cruel practice is specially imputed to the Triarian Goths, less barbarous, as it should seem, than the Walamirs; but the son of Theodemir is charged with the ruin of many Roman cities, (Malchus, Excerpt. Leg. p. 95.) Jornandes (c. 56, 57, p. 696) displays the services of Theodoric, confesses his rewards, but dissembles his revolt, of which such curious details have been preserved by Malchus, (Excerpt. Legat. p. 78 - 97.)

Marcellinus, a domestic of Justinian, under whose ivth consulship (A.D. 534) he composed his Chronicle, (Scaliger, Thesaurus Temporum, P. ii, p. 34 - 57,) betrays his prejudice and passion: in Graeciam debacchantem ...Zenonis munificentia pene pacatus ...beneficiis nunquam satiatus, etc. Gibbon has omitted much of the complicated intrigues of the Byzantine court with the two Theodorics. The weak emperor attempted to play them one against the other, and was himself in turn insulted, and the empire ravaged, by both. The details of the successive alliance and revolt, of hostility and of union, between the two Gothic chieftains, to dictate terms to the emperor, may be found in Malchus. - M. As he was riding in his own camp, an unruly horse threw him against the point of a spear which hung before a tent, or was fixed on a wagon, (Marcellin. in Chron. Evagrius, l. iii. c. 25.) See Malchus (p. 91) and Evagrius, (l. iii. c. 35.) Malchus, p. 85. In a single action, which was decided by the skill and discipline of Sabinian, Theodoric could lose 5000 men. Jornandes (c. 57, p. 696, 697) has abridged the great history of Cassiodorus. See, compare, and reconcile Procopius, (Gothic. l. i. c. i.,) the Valesian Fragment, (p. 718,) Theophanes, (p. 113,) and Marcellinus, (in Chron.) Theodoric's march is supplied and illustrated by Ennodius, (p. 1598 - 1602,) when the bombast of the oration is translated into the language of common sense. Tot reges, etc., (Ennodius, p. 1602.) We must recollect how much the royal title was multiplied and degraded, and that the mercenaries of Italy were the fragments of many tribes and nations. ft23a See Ennodius, p. 1603, 1604. Since the orator, in the king's presence, could mention and praise his mother, we may conclude that the magnanimity of Theodoric was not hurt by the vulgar reproaches of concubine and bastard. Gibbon here assumes that the mother of Theodoric was the concubine of Theodemir, which he leaves doubtful in the text. - M. This anecdote is related on the modern but respectable authority of Sigonius, (Op. tom. i. p. 580. De Occident. Impl. l. xv.:) his words are curious: “Would you return?” etc. She presented and almost displayed the original recess. The authority of Sigonius would scarcely have weighed with Gibboa except for an indecent anecdote. I have a recollection of a similar story in some of the Italian wars. - M. Hist. Miscell. l. xv., a Roman history from Janus to the ixth century, an Epitome of Eutropius, Paulus Diaconus, and Theophanes which Muratori has published from a Ms. in the Ambrosian library, (Script.

Rerum Italicarum, tom. i. p. 100.) Procopius (Gothic. l. i. c. i.) approves himself an impartial sceptic.

Cassiodorus (in Chron.) and Ennodius (p. 1604) are loyal and credulous, and the testimony of the Valesian Fragment (p. 718) may justify their belief. Marcellinus spits the venom of a Greek subject - perjuriis illectus, interfectusque est, (in Chron.) The sonorous and servile oration of Ennodius was pronounced at Milan or Ravenna in the years 507 or 508, (Sirmond, tom. i. p. 615.) Two or three years afterwards, the orator was rewarded with the bishopric of Pavia, which he held till his death in the year 521. (Dupin, Bibliot.

Eccles. tom. v. p. 11 - 14. See Saxii Onomasticon, tom. ii. p. 12.) Our best materials are occasional hints from Procopius and the Valesian Fragment, which was discovered by Sirmond, and is published at the end of Ammianus Marcellinus. The author's name is unknown, and his style is barbarous; but in his various facts he exhibits the knowledge, without the passions, of a contemporary. The president Montesquieu had formed the plan of a history of Theodoric, which at a distance might appear a rich and interesting subject. The best edition of the Variarum Libri xii. is that of Joh. Garretius, (Rotomagi, 1679, in Opp. Cassiodor. 2 vols. in fol.;) but they deserved and required such an editor as the Marquis Scipio Maffei, who thought of publishing them at Verona. The Barbara Eleganza (as it is ingeniously named by Tiraboschi) is never simple, and seldom perspicuous Compare Gibbon, ch. xxxvi. vol. iii. p. 459, etc. - Manso observes that this division was conducted not in a violent and irregular, but in a legal and orderly, manner. The Barbarian, who could not show a title of grant from the officers of Theodoric appointed for the purpose, or a prescriptive right of thirty years, in case he had obtained the property before the Ostrogothic conquest, was ejected from the estate. He conceives that estates too small to bear division paid a third of their produce. - Geschichte des Os Gothischen Reiches, p. 82. - M. Procopius, Gothic, l. i. c. i. Variarum, ii. Maffei (Verona Illustrata, P. i. p. 228) exaggerates the injustice of the Goths, whom he hated as an Italian noble. The plebeian Muratori crouches under their oppression. Procopius, Goth. l. iii. c. 421. Ennodius describes (p. 1612, 1613) the military arts and increasing numbers of the Goths. When Theodoric gave his sister to the king of the Vandals she sailed for Africa with a guard of 1000 noble Goths, each of whom was attended by five armed followers, (Procop. Vandal. l. i. c. 8.) The Gothic nobility must have been as numerous as brave. Manso (p. 100) quotes two passages from Cassiodorus to show that the Goths were not exempt from the fiscal claims. - Cassiodor, i. 19, iv. - M. See the acknowledgment of Gothic liberty, (Var. v. 30.) Procopius, Goth. l. i. c. 2. The Roman boys learnt the language (Var. viii. 21) of the Goths. Their general ignorance is not destroyed by the exceptions of Amalasuntha, a female, who might study without shame, or of Theodatus, whose learning provoked the indignation and contempt of his countrymen. A saying of Theodoric was founded on experience: “Romanus miser imitatur Gothum; ut utilis (dives) Gothus imitatur Romanum.” (See the Fragment and Notes of Valesius, p. 719.) The view of the military establishment of the Goths in Italy is collected from the Epistles of Cassiodorus (Var. i. 24, 40; iii. 3, 24, 48; iv. 13, 14; v. 26, 27; viii. 3, 4, 25.) They are illustrated by the learned Mascou, (Hist. of the Germans, l. xi. 40 - 44, Annotation xiv.) Note: Compare Manso, Geschichte des Ost Gothischen Reiches, p. 114. - M. See the clearness and vigor of his negotiations in Ennodius, (p. 1607,) and Cassiodorus, (Var. iii. 1, 2, 3, 4; iv. 13; v. 43, 44,) who gives the different styles of friendship, counsel expostulation, etc. Even of his table (Var. vi. 9) and palace, (vii. 5.) The admiration of strangers is represented as the most rational motive to justify these vain expenses, and to stimulate the diligence of the officers to whom these provinces were intrusted. See the public and private alliances of the Gothic monarch, with the Burgundians, (Var. i. 45, 46,) with the Franks, (ii. 40,) with the Thuringians, (iv. 1,) and with the Vandals, (v. 1;) each of these epistles affords some curious knowledge of the policy and manners of the Barbarians. His political system may be observed in Cassiodorus, (Var. iv. l ix. l,) Jornandes, (c. 58, p. 698, 699,) and the Valesian Fragment, (p. 720, 721.) Peace, honorable peace, was the constant aim of Theodoric. The curious reader may contemplate the Heruli of Procopius, (Goth. l. ii. c. 14,) and the patient reader may plunge into the dark and minute researches of M. de Buat, (Hist. des Peuples Anciens, tom. ix. p. 348 - 396.) Compare Manso, Ost Gothische Reich. Beylage, vi. Malte- Brun brings them from Scandinavia: their names, the only remains of their language, are Gothic. “They fought almost naked, like the Icelandic Berserkirs their bravery was like madness: few in number, they were mostly of royal blood. What ferocity, what unrestrained license, sullied their victories! The Goth respects the church, the priests, the senate; the Heruli mangle all in a general massacre: there is no pity for age, no refuge for chastity. Among themselves there is the same ferocity: the sick and the aged are put to death. at their own request, during a solemn festival; the widow ends her days by hanging herself upon the tree which shadows her husband's tomb. All these circumstances, so striking to a mind familiar with Scandinavian history, lead us to discover among the Heruli not so much a nation as a confederacy of princes and nobles, bound by an oath to live and die together with their arms in their hands. Their name, sometimes written Heruli or Eruli. sometimes Aeruli, signified, according to an ancient author, (Isid.

Hispal. in gloss. p. 24, ad calc. Lex. Philolog. Martini, ll,) nobles, and appears to correspond better with the Scandinavian word iarl or earl, than with any of those numerous derivations proposed by etymologists.” Malte- Brun, vol. i. p. 400, (edit. 1831.) Of all the Barbarians who threw themselves on the ruins of the Roman empire, it is most difficult to trace the origin of the Heruli. They seem never to have been very powerful as a nation, and branches of them are found in countries very remote from each other. In my opinion they belong to the Gothic race, and have a close affinity with the Scyrri or Hirri. They were, possibly, a division of that nation. They are often mingled and confounded with the Alani. Though brave and formidable. they were never numerous. nor did they found any state. - St. Martin, vol. vi. p. 375. - M. Schafarck considers them descendants of the Hirri. of which Heruli is a diminutive, - Slawische Alter thinner - M. 1845. Variarum, iv. 2. The spirit and forms of this martial institution are noticed by Cassiodorus; but he seems to have only translated the sentiments of the Gothic king into the language of Roman eloquence. Cassiodorus, who quotes Tacitus to the Aestians, the unlettered savages of the Baltic, (Var. v. 2,) describes the amber for which their shores have ever been famous, as the gum of a tree, hardened by the sun, and purified and wafted by the waves. When that singular substance is analyzed by the chemists, it yields a vegetable oil and a mineral acid. Scanzia, or Thule, is described by Jornandes (c. 3, p. 610 - 613) and Procopius, (Goth. l. ii. c. 15.) Neither the Goth nor the Greek had visited the country: both had conversed with the natives in their exile at Ravenna or Constantinople. Sapherinas pelles. In the time of Jornandes they inhabited Suethans, the proper Sweden; but that beautiful race of animals has gradually been driven into the eastern parts of Siberia. See Buffon, (Hist. Nat. tom. xiii. p. 309 - 313, quarto edition;) Pennant, (System of Quadrupeds, vol. i. p. 322 - 328;) Gmelin, (Hist. Gen des. Voyages, tom. xviii. p. 257, 258;) and Levesque, (Hist. de Russie, tom. v. p. 165, 166, 514, 515.) In the system or romance of Mr. Bailly, (Lettres sur les Sciences et sur l'Atlantide, tom. i. p. 249 - 256, tom. ii. p. 114 - 139,) the phoenix of the Edda, and the annual death and revival of Adonis and Osiris, are the allegorical symbols of the absence and return of the sun in the Arctic regions. This ingenious writer is a worthy disciple of the great Buffon; nor is it easy for the coldest reason to withstand the magic of their philosophy. Au[th te Qouli>taiv hJ megi>sth tw~n eJortw~n e]sti Says Procopius. At present a rude Manicheism (generous enough) prevails among the Samoyedes in Greenland and in Lapland, (Hist. des Voyages, tom. xviii. p. 508, 509, tom. xix. p. 105, 106, 527, 528;) yet, according to Orotius Samojutae coelum atque astra adorant, numina haud aliis iniquiora, (de Rebus Belgicis, l. iv. p. 338, folio edition) a sentence which Tacitus would not have disowned. See the Hist. des Peuples Anciens, etc., tom. ix. p. 255 - 273, 396 - 501. The count de Buat was French minister at the court of Bavaria: a liberal curiosity prompted his inquiries into the antiquities of the country, and that curiosity was the germ of twelve respectable volumes. See the Gothic transactions on the Danube and the Illyricum, in Jornandes, (c. 58, p. 699;) Ennodius, (p. 1607 - 1610;) Marcellmus (in Chron. p. 44, 47, 48;) and Cassiodorus, in (in Chron and Var. iii. 50, iv. 13, vii. 4 24, viii. 9, 10, 11, 21, ix. 8, 9.) I cannot forbear transcribing the liberal and classic style of Count Marcellinus: Romanus comes domesticorum, et Rusticus comes scholariorum cum centum armatis navibus, totidemque dromonibus, octo millia militum armatorum secum ferentibus, ad devastanda Italiae littora processerunt, ut usque ad Tarentum antiquissimam civitatem aggressi sunt; remensoque mari in honestam victoriam quam piratico ausu Romani ex Romanis rapuerunt, Anastasio Caesari reportarunt, (in Chron. p. 48.) See Variar. i. 16, ii. 38. See the royal orders and instructions, (Var. iv. 15, v. 16 - 20.) These armed boats should be still smaller than the thousand vessels of Agamemnon at the siege of Troy. (Manso, p. 121.) Vol. iii. p. 581 - 585. Ennodius (p. 1610) and Cassiodorus, in the royal name, (Var. ii 41,) record his salutary protection of the Alemanni. The Gothic transactions in Gaul and Spain are represented with some perplexity in Cassiodorus, (Var. iii. 32, 38, 41, 43, 44, v. 39.)

Jornandes, (c. 58, p. 698, 699,) and Procopius, (Goth. l. i. c. 12.) I will neither hear nor reconcile the long and contradictory arguments of the Abbe Dubos and the Count de Buat, about the wars of Burgundy. Theophanes, p. 113. Procopius affirms that no laws whatsoever were promulgated by Theodoric and the succeeding kings of Italy, (Goth. l. ii. c. 6.) He must mean in the Gothic language. A Latin edict of Theodoric is still extant, in one hundred and fifty-four articles. See Manso, 92. Savigny, vol. ii. p. 164, et seq. - M. The image of Theodoric is engraved on his coins: his modest successors were satisfied with adding their own name to the head of the reigning emperor, (Muratori, Antiquitat. Italiae Medii Aevi, tom. ii. dissert. xxvii. p. 577 - 579. Giannone, Istoria Civile di Napoli tom. i. p. 166.) The alliance of the emperor and the king of Italy are represented by Cassiodorus (Var. i. l, ii. 1, 2, 3, vi. l) and Procopius, (Goth. l. ii. c. 6, l. iii. c. 21,) who celebrate the friendship of Anastasius and Theodoric; but the figurative style of compliment was interpreted in a very different sense at Constantinople and Ravenna. All causes between Roman and Roman were judged by the old Roman courts. The comes Gothorum judged between Goth and Goth; between Goths and Romans, (without considering which was the plaintiff.) the comes Gothorum, with a Roman jurist as his assessor, making a kind of mixed jurisdiction, but with a natural predominance to the side of the Goth Savigny, vol. i. p. 290. - M. To the xvii. provinces of the Notitia, Paul Warnefrid the deacon (De Reb. Longobard. l. ii. c. 14 - 22) has subjoined an xviiith, the Apennine, (Muratori, Script. Rerum Italicarum, tom. i. p. 431 - 443.) But of these Sardinia and Corsica were possessed by the Vandals, and the two Rhaetias, as well as the Cottian Alps, seem to have been abandoned to a military government. The state of the four provinces that now form the kingdom of Naples is labored by Giannone (tom. i. p. 172, 178) with patriotic diligence. Manso enumerates and develops at some length the following sources of the royal revenue of Theodoric: 1. A domain, either by succession to that of Odoacer, or a part of the third of the lands was reserved for the royal patrimony. 1. Regalia, including mines, unclaimed estates, treasure-trove, and confiscations. 3. Land tax. 4. Aurarium, like the Chrysargyrum, a tax on certain branches of trade. 5. Grant of Monopolies. 6. Siliquaticum, a small tax on the sale of all kinds of commodities. 7. Portoria, customs Manso, 96, 111. Savigny (i. 285) supposes that in many cases the property remained in the original owner, who paid his tertia, a third of the produce to the crown, vol. i. p. 285. - M. See the Gothic history of Procopius, (l. i. c. 1, l. ii. c. 6,) the Epistles of Cassiodorus, (passim, but especially the vth and vith books, which contain the formulae, or patents of offices,) and the Civil History of Giannone, (tom. i. l. ii. iii.) The Gothic counts, which he places in every Italian city, are annihilated, however, by Maffei, (Verona Illustrata, P. i. l. viii. p. 227; for those of Syracuse and Naples (Var vi. 22, 23) were special and temporary commissions. Two Italians of the name of Cassiodorus, the father (Var. i. 24, 40) and the son, (ix. 24, 25,) were successively employed in the administration of Theodoric. The son was born in the year 479: his various epistles as quaestor, master of the offices, and Praetorian praefect, extend from 509 to 539, and he lived as a monk about thirty years, (Tiraboschi Storia della Letteratura Italiana, tom. iii. p. 7 - 24. Fabricius, Bibliot.

Lat. Med. Aevi, tom. i. p. 357, 358, edit. Mansi.) Cassiodorus was of an ancient and honorable family; his grandfather had distinguished himself in the defence of Sicily against the ravages of Genseric; his father held a high rank at the court of Valentinian III., enjoyed the friendship of Aetius, and was one of the ambassadors sent to arrest the progress of Attila. Cassiodorus himself was first the treasurer of the private expenditure to Odoacer, afterwards “count of the sacred largesses.” Yielding with the rest of the Romans to the dominion of Theodoric, he was instrumental in the peaceable submission of Sicily; was successively governor of his native provinces of Bruttium and Lucania, quaestor, magister, palatii, Praetorian praefect, patrician, consul, and private secretary, and, in fact, first minister of the king. He was five times Praetorian praefect under different sovereigns, the last time in the reign of Vitiges. This is the theory of Manso, which is not unencumbered with difficulties. M. Buat had supposed that it was the father of Cassiodorus who held the office first named. Compare Manso, p. 85, etc., and Beylage, vii. It certainly appears improbable that Cassiodorus should have been count of the sacred largesses at twenty years old. - M. See his regard for the senate in Cochlaeus, (Vit. Theod. viii. p. 72 - 80.) No more than 120,000 modii, or four thousand quarters, (Anonym.

Valesian. p. 721, and Var. i. 35, vi. 18, xi. 5, 39.) See his regard and indulgence for the spectacles of the circus, the amphitheatre, and the theatre, in the Chronicle and Epistles of Cassiodorus, (Var. i. 20, 27, 30, 31, 32, iii. 51, iv. 51, illustrated by the xivth Annotation of Mascou's History), who has contrived to sprinkle the subject with ostentatious, though agreeable, learning. Anonym. Vales. p. 721. Marius Aventicensis in Chron. In the scale of public and personal merit, the Gothic conqueror is at least as much above Valentinian, as he may seem inferior to Trajan. Vit. Fulgentii in Baron. Annal. Eccles. A.D. 500, No. 10. Cassiodorus describes in his pompous style the Forum of Trajan (Var. vii. 6,) the theatre of Marcellus, (iv. 51,) and the amphitheatre of Titus, (v. 42;) and his descriptions are not unworthy of the reader's perusal.

According to the modern prices, the Abbe Barthelemy computes that the brick work and masonry of the Coliseum would now cost twenty millions of French livres, (Mem. de l'Academie des Inscriptions, tom. xxviii. p. 585, 586.) How small a part of that stupendous fabric! For the aqueducts and cloacae, see Strabo, (l. v. p. 360;) Pliny, (Hist.

Natur. xxxvi. 24; Cassiodorus, (Var. iii. 30, 31, vi. 6;) Procopius, (Goth. l. i. c. 19;) and Nardini, (Roma Antica, p. 514 - 522.) How such works could be executed by a king of Rome, is yet a problem. Note:

See Niebuhr, vol. i. p. 402. These stupendous works are among the most striking confirmations of Niebuhr's views of the early Roman history; at least they appear to justify his strong sentence - “These works and the building of the Capitol attest with unquestionable evidence that this Rome of the later kings was the chief city of a great state.” - Page 110 - M. For the Gothic care of the buildings and statues, see Cassiodorus (Var. i. 21, 25, ii. 34, iv. 30, vii. 6, 13, 15) and the Valesian Fragment, (p. 721.) Var. vii. 15. These horses of Monte Cavallo had been transported from Alexandria to the baths of Constantine, (Nardini, p. 188.) Their sculpture is disdained by the Abbe Dubos, (Reflexions sur la Poesie et sur la Peinture, tom. i. section 39,) and admired by Winkelman, (Hist. de l'Art, tom. ii. p. 159.) Var. x. 10. They were probably a fragment of some triumphal car, (Cuper de Elephantis, ii. 10.) Procopius (Goth. l. iv. c. 21) relates a foolish story of Myron's cow, which is celebrated by the false with of thirty-six Greek epigrams, Antholog. l. iv. p. 302 - 306, edit. Hen. Steph.; Auson. Epigram. xiii. - lxviii.) See an epigram of Ennodius (ii. 3, p. 1893, 1894) on this garden and the royal gardener. His affection for that city is proved by the epithet of “Verona tua,' and the legend of the hero; under the barbarous name of Dietrich of Bern, (Peringsciold and Cochloeum, p. 240,) Maffei traces him with knowledge and pleasure in his native country, (l. ix. p. 230 - 236.) See Maffei, (Verona Illustrata, Part i. p. 231, 232, 308, etc.) His amputes Gothic architecture, like the corruption of language, writing etc., not to the Barbarians, but to the Italians themselves. Compare his sentiments with those of Tiraboschi, (tom. iii. p. 61.) Mr. Hallam (vol. iii. p. 432) observes that “the image of Theodoric's palace” is represented in Maffei, not from a coin, but from a seal. Compare D'Agincourt (Storia dell'arte, Italian Transl., Arcitecttura, Plate xvii.

No. 2, and Pittura, Plate xvi. No. 15,) where there is likewise an engraving from a mosaic in the church of St. Apollinaris in Ravenna, representing a building ascribed to Theodoric in that city. Neither of these, as Mr. Hallam justly observes, in the least approximates to what is called the Gothic style. They are evidently the degenerate Roman architecture, and more resemble the early attempts of our architects to get back from our national Gothic into a classical Greek style. One of them calls to mind Inigo Jones inner quadrangle in St. John's College Oxford. Compare Hallam and D'Agincon vol. i. p. 140 - 145. - M The villas, climate, and landscape of Baiae, (Var. ix. 6; see Cluver Italia Antiq. l. iv. c. 2, p. 1119, etc.,) Istria, (Var. xii. 22, 26,) and Comum, (Var. xi. 14; compare with Pliny's two villas, ix. 7,) are agreeably painted in the Epistles of Cassiodorus. In Liguria numerosa agricolarum progenies, (Ennodius, p. 1678, 1679, 1680.) St. Epiphanius of Pavia redeemed by prayer or ransom 6000 captives from the Burgundians of Lyons and Savoy. Such deeds are the best of miracles. The political economy of Theodoric (see Anonym. Vales. p. 721, and Cassiodorus, in Chron.) may be distinctly traced under the following heads: iron mine, (Var. iii. 23;) gold mine, (ix. 3;) Pomptine marshes, (ii. 32, 33;) Spoleto, (ii. 21;) corn, (i. 34, x. 27, 28, xi. 11, 12;) trade, (vi. 7, vii. 9, 23;) fair of Leucothoe or St. Cyprian in Lucania, (viii. 33;) plenty, (xii. 4;) the cursus, or public post, (i. 29, ii. 31, iv. 47, v. 5, vi 6, vii. 33;) the Flaminian way, (xii. 18.) The inscription commemorative of the draining of the Pomptine marshes may be found in many works; in Gruter, Inscript. Ant. Heidelberg, p. 152, No. 8. With variations, in Nicolai De' bonificamenti delle terre Pontine, p. 103. In Sartorius, in his prize essay on the reign of Theodoric, and Manse Beylage, xi. - M. LX modii tritici in solidum ipsius tempore fuerunt, et vinum xxx amphoras in solidum, (Fragment. Vales.) Corn was distributed from the granaries at xv or xxv modii for a piece of gold, and the price was still moderate. See the life of St. Caesarius in Baronius, (A.D. 508, No. 12, 13, 14.)

The king presented him with 300 gold solidi, and a discus of silver of the weight of sixty pounds. Ennodius in Vit. St. Epiphanii, in Sirmond, Op. tom. i. p. 1672 - 1690.

Theodoric bestowed some important favors on this bishop, whom he used as a counsellor in peace and war. Devotissimus ac si Catholicus, (Anonym. Vales. p. 720;) yet his offering was no more than two silver candlesticks (cerostrata) of the weight of seventy pounds, far inferior to the gold and gems of Constantinople and France, (Anastasius in Vit. Pont. in Hormisda, p. 34, edit. Paris.) The tolerating system of his reign (Ennodius, p. 1612. Anonym. Vales. p. 719. Procop. Goth. l. i. c. 1, l. ii. c. 6) may be studied in the Epistles of Cassiodorous, under the following heads: bishops, (Var. i. 9, vii. 15, 24, xi. 23;) immunities, (i. 26, ii. 29, 30;) church lands (iv. 17, 20;) sanctuaries, (ii. 11, iii. 47;) church plate, (xii. 20;) discipline, (iv. 44;) which prove, at the same time, that he was the head of the church as well as of the state. He recommended the same toleration to the emperor Justin. - M. We may reject a foolish tale of his beheading a Catholic deacon who turned Arian, (Theodor. Lector. No. 17.) Why is Theodoric surnamed After? From Vafer? (Vales. ad loc.) A light conjecture. Ennodius, p. 1621, 1622, 1636, 1638. His libel was approved and registered (synodaliter) by a Roman council, (Baronius, A.D. 503, No. 6, Franciscus Pagi in Breviar. Pont. Rom. tom. i. p. 242.) See Cassiodorus, (Var. viii. 15, ix. 15, 16,) Anastasius, (in Symmacho, p. 31,) and the xviith Annotation of Mascou. Baronius, Pagi, and most of the Catholic doctors, confess, with an angry growl, this Gothic usurpation. He disabled them - alicentia testandi; and all Italy mourned - lamentabili justitio. I wish to believe, that these penalties were enacted against the rebels who had violated their oath of allegiance; but the testimony of Ennodius (p. 1675 - 1678) is the more weighty, as he lived and died under the reign of Theodoric. Ennodius, in Vit. Epiphan. p. 1589, 1690. Boethius de Consolatione Philosphiae, l. i. pros. iv. p. 45, 46, 47. Respect, but weigh the passions of the saint and the senator; and fortify and alleviate their complaints by the various hints of Cassiodorus, (ii. 8, iv. 36, viii. 5.) Immanium expensarum pondus ...pro ipsorum salute, etc.; yet these are no more than words. The Jews were settled at Naples, (Procopius, Goth. l. i. c. 8,) at Genoa, (Var. ii. 28, iv. 33,) Milan, (v. 37,) Rome, (iv. 43.) See likewise Basnage, Hist. des Juifs, tom. viii. c. 7, p. 254. See History of the Jews vol. iii. p. 217. - M. Rex avidus communis exitii, etc., (Boethius, l. i. p. 59:) rex colum Romanis tendebat, (Anonym. Vales. p. 723.) These are hard words: they speak the passions of the Italians and those (I fear) of Theodoric himself. Gibbon should not have omitted the golden words of Theodoric in a letter which he addressed to Justin: That to pretend to a dominion over the conscience is to usurp the prerogative of God; that by the nature of things the power of sovereigns is confined to external government; that they have no right of punishment but over those who disturb the public peace, of which they are the guardians; that the most dangerous heresy is that of a sovereign who separates from himself a part of his subjects because they believe not according to his belief. Compare Le Beau, vol viii. p. 68. - M I have labored to extract a rational narrative from the dark, concise, and various hints of the Valesian Fragment, (p. 722, 723, 724,) Theophanes, (p. 145,) Anastasius, (in Johanne, p. 35,) and the Hist Miscella, (p. 103, edit. Muratori.) A gentle pressure and paraphrase of their words is no violence. Consult likewise Muratori (Annali d' Italia, tom. iv. p. 471 - 478,) with the Annals and Breviary (tom. i. p. 259 - 263) of the two Pagis, the uncle and the nephew. Le Clerc has composed a critical and philosophical life of Anicius Manlius Severinus Boetius, (Bibliot. Choisie, tom. xvi. p. 168 - 275;) and both Tiraboschi (tom. iii.) and Fabricius (Bibliot Latin.) may be usefully consulted. The date of his birth may be placed about the year 470, and his death in 524, in a premature old age, (Consol. Phil.

Metrica. i. p. 5.) For the age and value of this Ms., now in the Medicean library at Florence, see the Cenotaphia Pisana (p. 430 - 447) of Cardinal Noris. The Athenian studies of Boethius are doubtful, (Baronius, A.D. 510, No. 3, from a spurious tract, De Disciplina Scholarum,) and the term of eighteen years is doubtless too long: but the simple fact of a visit to Athens is justified by much internal evidence, (Brucker, Hist. Crit.

Philosoph. tom. iii. p. 524 - 527,) and by an expression (though vague and ambiguous) of his friend Cassiodorus, (Var. i. 45,) “longe positas Athenas intrioisti.” Bibliothecae comptos ebore ac vitro ^* parietes, etc., (Consol. Phil. l. i. pros. v. p. 74.) The Epistles of Ennodius (vi. 6, vii. 13, viii. 1 31, 37, 40) and Cassiodorus (Var. i. 39, iv. 6, ix. 21) afford many proofs of the high reputation which he enjoyed in his own times. It is true, that the bishop of Pavia wanted to purchase of him an old house at Milan, and praise might be tendered and accepted in part of payment. Gibbon translated vitro, marble; under the impression, no doubt that glass was unknown. - M. Pagi, Muratori, etc., are agreed that Boethius himself was consul in the year 510, his two sons in 522, and in 487, perhaps, his father. A desire of ascribing the last of these consulships to the philosopher had perplexed the chronology of his life. In his honors, alliances, children, he celebrates his own felicity - his past felicity, (p. 109 110) Si ego scissem tu nescisses. Beothius adopts this answer (l. i. pros. 4, p. 53) of Julius Canus, whose philosophic death is described by Seneca, (De Tranquillitate Animi, c. 14.) The characters of his two delators, Basilius (Var. ii. 10, 11, iv. 22) and Opilio, (v. 41, viii. 16,) are illustrated, not much to their honor, in the Epistles of Cassiodorus, which likewise mention Decoratus, (v. 31,) the worthless colleague of Beothius, (l. iii. pros. 4, p. 193.) A severe inquiry was instituted into the crime of magic, (Var. iv 22, 23, ix. 18;) and it was believed that many necromancers had escaped by making their jailers mad: for mad I should read drunk. Boethius had composed his own Apology, (p. 53,) perhaps more interesting than his Consolation. We must be content with the general view of his honors, principles, persecution, etc., (l. i. pros. 4, p. 42 - 62,) which may be compared with the short and weighty words of the Valesian Fragment, (p. 723.) An anonymous writer (Sinner, Catalog.

Mss. Bibliot. Bern. tom. i. p. 287) charges him home with honorable and patriotic treason. He was executed in Agro Calventiano, (Calvenzano, between Marignano and Pavia,) Anonym. Vales. p. 723, by order of Eusebius, count of Ticinum or Pavia. This place of confinement is styled the baptistery, an edifice and name peculiar to cathedrals. It is claimed by the perpetual tradition of the church of Pavia. The tower of Boethius subsisted till the year 1584, and the draught is yet preserved, (Tiraboschi, tom. iii. p. 47, 48.) See the Biographia Britannica, Alfred, tom. i. p. 80, 2d edition. The work is still more honorable if performed under the learned eye of Alfred by his foreign and domestic doctors. For the reputation of Boethius in the middle ages, consult Brucker, (Hist. Crit. Philosoph. tom. iii. p. 565, 566.) The inscription on his new tomb was composed by the preceptor of Otho III., the learned Pope Silvester II., who, like Boethius himself, was styled a magician by the ignorance of the times. The Catholic martyr had carried his head in his hands a considerable way, Baronius, A.D. 526, No. 17, 18;) and yet on a similar tale, a lady of my acquaintance once observed, “La distance n'y fait rien; il n'y a que lo remier pas qui coute.” Note: Madame du Deffand. This witticism referred to the miracle of St. Denis. - G. Boethius applauds the virtues of his father-in-law, (l. i. pros. 4, p. 59, l. ii. pros. 4, p. 118.) Procopius, (Goth. l. i. c. i.,) the Valesian Fragment, (p. 724,) and the Historia Miscella, (l. xv. p. 105,) agree in praising the superior innocence or sanctity of Symmachus; and in the estimation of the legend, the guilt of his murder is equal to the imprisonment of a pope. In the fanciful eloquence of Cassiodorus, the variety of sea and river fish are an evidence of extensive dominion; and those of the Rhine, of Sicily, and of the Danube, were served on the table of Theodoric, (Var. xii. 14.) The monstrous turbot of Domitian (Juvenal Satir. iii. 39) had been caught on the shores of the Adriatic. Procopius, Goth. l. i. c. 1. But he might have informed us, whether he had received this curious anecdote from common report or from the mouth of the royal physician. Procopius, Goth. l. i. c. 1, 2, 12, 13. This partition had been directed by Theodoric, though it was not executed till after his death, Regni hereditatem superstes reliquit, (Isidor. Chron. p. 721, edit. Grot.) Berimund, the third in descent from Hermanric, king of the Ostrogoths, had retired into Spain, where he lived and died in obscurity, (Jornandes, c. 33, p. 202, edit. Muratori.) See the discovery, nuptials, and death of his grandson Eutharic, (c. 58, p. 220.) His Roman games might render him popular, (Cassiodor. in Chron.,) but Eutharic was asper in religione, (Anonym. Vales. p. 723.) See the counsels of Theodoric, and the professions of his successor, in Procopius, (Goth. l. i. c. 1, 2,) Jornandes, (c. 59, p. 220, 221,) and Cassiodorus, (Var. viii. 1 - 7.) These epistles are the triumph of his ministerial eloquence. Anonym. Vales. p. 724. Agnellus de Vitis. Pont. Raven. in Muratori Script. Rerum Ital. tom. ii. P. i. p. 67. Alberti Descrittione d' Italia, p. 311. The Mausoleum of Theodoric, now Sante Maria della Rotonda, is engraved in D'Agincourt, Histoire de l'Art, p xviii. of the Architectural Prints. - M This legend is related by Gregory I., (Dialog. iv. 36,) and approved by Baronius, (A.D. 526, No. 28;) and both the pope and cardinal are grave doctors, sufficient to establish a probable opinion. Theodoric himself, or rather Cassiodorus, had described in tragic strains the volcanos of Lipari (Cluver. Sicilia, p. 406 - 410) and Vesuvius, (v 50.)

CHAPTER - There is some difficulty in the date of his birth (Ludewig in Vit.

Justiniani, p. 125;) none in the place - the district Bederiana - the village Tauresium, which he afterwards decorated with his name and splendor, (D'Anville, Hist. de l'Acad. etc., tom. xxxi. p. 287 - 292.) The names of these Dardanian peasants are Gothic, and almost English:

Justinian is a translation of uprauda, (upright;) his father Sabatius (in Graeco-barbarous language stipes) was styled in his village Istock, (Stock;) his mother Bigleniza was softened into Vigilantia. Ludewig (p. 127 - 135) attempts to justify the Anician name of Justinian and Theodora, and to connect them with a family from which the house of Austria has been derived. See the anecdotes of Procopius, (c. 6,) with the notes of N.

Alemannus. The satirist would not have sunk, in the vague and decent appellation of ge>wrgov, the bou>kolov and su>forzov of Zonaras. Yet why are those names disgraceful? - and what German baron would not be proud to descend from the Eumaeus of the Odyssey! It is whimsical enough that, in our own days, we should have, even in jest, a claimant to lineal descent from the godlike swineherd not in the person of a German baron, but in that of a professor of the Ionian University.

Constantine Koliades, or some malicious wit under this name, has written a tall folio to prove Ulysses to be Homer, and himself the descendant, the heir (?), of the Eumaeus of the Odyssey. - M St. Martin questions the fact in both cases. The ignorance of Justin rests on the secret history of Procopius, vol. viii. p. 8. St. Martin's notes on Le Beau. - M His virtues are praised by Procopius, (Persic. l. i. c. 11.) The quaestor Proclus was the friend of Justinian, and the enemy of every other adoption. Manichaean signifies Eutychian. Hear the furious acclamations of Constantinople and Tyre, the former no more than six days after the decease of Anastasius. They produced, the latter applauded, the eunuch's death, (Baronius, A.D. 518, P. ii. No. 15. Fleury, Hist Eccles. tom. vii. p. 200, 205, from the Councils, tom. v. p. 182, 207.) His power, character, and intentions, are perfectly explained by the court de Buat, (tom. ix. p. 54 - 81.) He was great-grandson of Aspar, hereditary prince in the Lesser Scythia, and count of the Gothic foederati of Thrace. The Bessi, whom he could influence, are the minor Goths of Jornandes, (c. 51.) Justiniani patricii factione dicitur interfectus fuisse, (Victor Tu nunensis, Chron. in Thesaur. Temp. Scaliger, P. ii. p. 7.) Procopius (Anecdot. c. 7) styles him a tyrant, but acknowledges something which is well explained by Alemannus. In his earliest youth (plane adolescens) he had passed some time as a hostage with Theodoric. For this curious fact, Alemannus (ad Procop.

Anecdot. c. 9, p. 34, of the first edition) quotes a Ms. history of Justinian, by his preceptor Theophilus. Ludewig (p. 143) wishes to make him a soldier. The ecclesiastical history of Justinian will be shown hereafter. See Baronius, A.D. 518 - 521, and the copious article Justinianas in the index to the viith volume of his Annals. The reign of the elder Justin may be found in the three Chronicles of Marcellinus, Victor, and John Malala, (tom. ii. p. 130 - 150,) the last of whom (in spite of Hody, Prolegom. No. 14, 39, edit. Oxon.) lived soon after Justinian, (Jortin's Remarks, etc., vol. iv p. 383:) in the Ecclesiastical History of Evagrius, (l. iv. c. 1, 2, 3, 9,) and the Excerpta of Theodorus Lector, (No. 37,) and in Cedrenus, (p. 362 - 366,) and Zonaras, (l. xiv. p. 58 - 61,) who may pass for an original. Dindorf, in his preface to the new edition of Malala, p. vi., concurs with this opinion of Gibbon, which was also that of Reiske, as to the age of the chronicler. - M. See the characters of Procopius and Agathias in La Mothe le Vayer, (tom. viii. p. 144 - 174,) Vossius, (de Historicis Graecis, l. ii. c. 22,) and Fabricius, (Bibliot. Graec. l. v. c. 5, tom. vi. p. 248 - 278.) Their religion, an honorable problem, betrays occasional conformity, with a secret attachment to Paganism and Philosophy. In the seven first books, two Persic, two Vandalic, and three Gothic, Procopius has borrowed from Appian the division of provinces and wars: the viiith book, though it bears the name of Gothic, is a miscellaneous and general supplement down to the spring of the year 553, from whence it is continued by Agathias till 559, (Pagi, Critica, A.D. 579, No. 5.) The literary fate of Procopius has been somewhat unlucky. 1. His book de Bello Gothico were stolen by Leonard Aretin, and published (Fulginii, 1470, Venet. 1471, apud Janson. Mattaire, Annal Typograph. tom. i. edit. posterior, p. 290, 304, 279, 299,) in his own name, (see Vossius de Hist. Lat. l. iii. c. 5, and the feeble defence of the Venice Giornale de Letterati, tom. xix. p. 207.) Procopius forms a part of the new Byzantine collection under the superintendence of Dindorf. - M. Agathias in Praefat. p. 7, 8, l. iv. p. 137. Evagrius, l. iv. c. 12. See likewise Photius, cod. lxiii. p. 65. Ku>rou paidei>a says, he, Praefat. ad l. de Edificiis peri< ktisma>twn is no more than Ku>rou paidi>a a pun! In these five books, Procopius affects a Christian as well as a courtly style. Procopius discloses himself, (Praefat. ad Anecdot. c. 1, 2, 5,) and the anecdotes are reckoned as the ninth book by Suidas, (tom. iii. p. 186, edit. Kuster.) The silence of Evagrius is a poor objection. Baronius (A.D. 548, No. 24) regrets the loss of this secret history: it was then in the Vatican library, in his own custody, and was first published sixteen years after his death, with the learned, but partial notes of Nicholas Alemannus, (Lugd. 1623.) Justinian an ass - the perfect likeness of Domitian - Anecdot. c. 8. - Theodora's lovers driven from her bed by rival daemons - her marriage foretold with a great daemon - a monk saw the prince of the daemons, instead of Justinian, on the throne - the servants who watched beheld a face without features, a body walking without a head, etc., etc.

Procopius declares his own and his friends' belief in these diabolical stories, (c. 12.) Montesquieu (Considerations sur la Grandeur et la Decadence des Romains, c. xx.) gives credit to these anecdotes, as connected, 1. with the weakness of the empire, and, 2. with the instability of Justinian's laws. The Anecdota of Procopius, compared with the former works of the same author, appear to me the basest and most disgraceful work in literature. The wars, which he has described in the former volumes as glorious or necessary, are become unprofitable and wanton massacres; the buildings which he celebrated, as raised to the immortal honor of the great emperor, and his admirable queen, either as magnificent embellishments of the city, or useful fortifications for the defence of the frontier, are become works of vain prodigality and useless ostentation.

I doubt whether Gibbon has made sufficient allowance for the “malignity” of the Anecdota; at all events, the extreme and disgusting profligacy of Theodora's early life rests entirely on this viratent libel - M. For the life and manners of the empress Theodora see the Anecdotes; more especially c. 1 - 5, 9, 10 - 15, 16, 17, with the learned notes of Alemannus - a reference which is always implied. Comito was afterwards married to Sittas, duke of Armenia, the father, perhaps, at least she might be the mother, of the empress Sophia. Two nephews of Theodora may be the sons of Anastasia, (Aleman. p. 30, 31.) Her statute was raised at Constantinople, on a porphyry column. See Procopius, (de Edif. l. i. c. 11,) who gives her portrait in the Anecdotes, (c. 10.) Aleman. (p. 47) produces one from a Mosaic at Ravenna, loaded with pearls and jewels, and yet handsome. A fragment of the Anecdotes, (c. 9,) somewhat too naked, was suppressed by Alemannus, though extant in the Vatican Ms.; nor has the defect been supplied in the Paris or Venice editions. La Mothe le Vayer (tom. viii. p. 155) gave the first hint of this curious and genuine passage, (Jortin's Remarks, vol. iv. p. 366,) which he had received from Rome, and it has been since published in the Menagiana (tom. iii. p. 254 - 259) with a Latin version. After the mention of a narrow girdle, (as none could appear stark naked in the theatre,) Procopius thus proceeds. Ajnapeptwkui~a> te ejn tw~| ejda>fei uJpti>a e]keito. Qh~tev de> tinev kriqawn ejrjVi>ptoun a[v dh< oiJ ch~nev oi\ ejv tou~to pareskeuasme>noi ejtu>gcanon toi~v sto>masin ajnqe>nde kata< mi>an ajnelo>menoi h]sqion. I have heard that a learned prelate, now deceased, was fond of quoting this passage in conversation. ft147a Theodora surpassed the Crispa of Ausonius, (Epigram lxxi.,) who imitated the capitalis luxus of the females of Nola. See Quintilian Institut. viii. 6, and Torrentius ad Horat. Sermon. l. i. sat. 2, v. 101. At a memorable supper, thirty slaves waited round the table ten young men feasted with Theodora. Her charity was universal. Et lassata viris, necdum satiata, recessit. H de ka>k tw~n triw~n truphma>twn ejrgazome>nh ejneka>lei th~| fu>sei dusforoume>nh o[ti dh< mh< kai< touteron h\ nu~n ei]si trupw~|h o[pwv dunath< ei]h kai< ejkei>nh| ejrga>zesqai. She wished for a fourth altar, on which she might pour libations to the god of love. ft147a Gibbon should have remembered the axiom which he quotes in another piece, scelera ostendi oportet dum puniantur abscondi flagitia. - M. Anonym. de Antiquitat. C. P. l. iii. 132, in Banduri Imperium Orient. tom. i. p. 48. Ludewig (p. 154) argues sensibly that Theodora would not have immortalized a brothel: but I apply this fact to her second and chaster residence at Constantinople. See the old law in Justinian's Code, (l. v. tit. v. leg. 7, tit. xxvii. leg. 1,) under the years 336 and 454. The new edict (about the year 521 or 522, Aleman. p. 38, 96) very awkwardly repeals no more than the clause of mulieres scenicoe, libertinae, tabernariae. See the novels and 117, and a Greek rescript from Justinian to the bishops, (Aleman. p. 41.) I swear by the Father, etc., by the Virgin Mary, by the four Gospels, quae in manibus teneo, and by the Holy Archangels Michael and Gabriel, puram conscientiam germanumque servitium me servaturum, sacratissimis DDNN. Justiniano et Theodorae conjugi ejus, (Novell. viii. tit. 3.) Would the oath have been binding in favor of the widow?

Communes tituli et triumphi, etc., (Aleman. p. 47, 48.) “Let greatness own her, and she's mean no more,” etc.

Without Warburton's critical telescope, I should never have seen, in this general picture of triumphant vice, any personal allusion to Theodora. Her prisons, a labyrinth, a Tartarus, (Anecdot. c. 4,) were under the palace. Darkness is propitious to cruelty, but it is likewise favorable to calumny and fiction. A more jocular whipping was inflicted on Saturninus, for presuming to say that his wife, a favorite of the empress, had not been found a]trhtov . (Anecdot. c. 17.) Per viventem in saecula excoriari te faciam. Anastasius de Vitis Pont.

Roman. in Vigilio, p. 40. Ludewig, p. 161 - 166. I give him credit for the charitable attempt, although he hath not much charity in his temper. Compare the anecdotes (c. 17) with the Edifices (l. i. c. 9) - how differently may the same fact be stated! John Malala (tom. ii. p. 174, 175) observes, that on this, or a similar occasion, she released and clothed the girls whom she had purchased from the stews at five aurei apiece. Novel. viii. 1. An allusion to Theodora. Her enemies read the name Daemonodora, (Aleman. p. 66.) St. Sabas refused to pray for a son of Theodora, lest he should prove a heretic worse than Anastasius himself, (Cyril in Vit. St. Sabae, apud Aleman. p. 70, 109.) See John Malala, tom. ii. p. 174. Theophanes, p. 158. Procopius de Edific. l. v. c. 3. Theodora Chalcedonensis synodi inimica canceris plaga toto corpore perfusa vitam prodigiose finivit, (Victor Tununensis in Chron.) On such occasions, an orthodox mind is steeled against pity. Alemannus (p. 12, 13) understands the eujse>qwv ejkoimh>qh of Theophanes as civil language, which does not imply either piety or repentance; yet two years after her death, St. Theodora is celebrated by Paul Silentiarius, (in proem. v. 58 - 62.) As she persecuted the popes, and rejected a council, Baronius exhausts the names of Eve, Dalila, Herodias, etc.; after which he has recourse to his infernal dictionary: civis inferni - alumna daemonum - satanico agitata spiritu - oestro percita diabolico, etc., etc., (A.D. 548, No. 24.) Read and feel the xxiid book of the Iliad, a living picture of manners, passions, and the whole form and spirit of the chariot race West's Dissertation on the Olympic Games (sect. xii. - xvii.) affords much curious and authentic information. The four colors, albati, russati, prasini, veneti, represent the four seasons, according to Cassiodorus, (Var. iii. 51,) who lavishes much wit and eloquence on this theatrical mystery. Of these colors, the three first may be fairly translated white, red, and green. Venetus is explained by coeruleus, a word various and vague: it is properly the sky reflected in the sea; but custom and convenience may allow blue as an equivalent, (Robert. Stephan. sub voce. Spence's Polymetis, p. 228.) See Onuphrius Panvinius de Ludis Circensibus, l. i. c. 10, 11; the xviith Annotation on Mascou's History of the Germans; and Aleman ad c. vii. Marcellin. in Chron. p. 47. Instead of the vulgar word venata he uses the more exquisite terms of coerulea and coerealis. Baronius (A.D. 501, No. 4, 5, 6) is satisfied that the blues were orthodox; but Tillemont is angry at the supposition, and will not allow any martyrs in a playhouse, (Hist. des Emp. tom. vi. p. 554.) See Procopius, (Persic. l. i. c. 24.) In describing the vices of the factions and of the government, the public, is not more favorable than the secret, historian. Aleman. (p. 26) has quoted a fine passage from Gregory Nazianzen, which proves the inveteracy of the evil. The partiality of Justinian for the blues (Anecdot. c. 7) is attested by Evagrius, (Hist. Eccles. l. iv. c. 32,) John Malala, (tom ii p. 138, 139,) especially for Antioch; and Theophanes, (p. 142.) A wife, (says Procopius,) who was seized and almost ravished by a blue-coat, threw herself into the Bosphorus. The bishops of the second Syria (Aleman. p. 26) deplore a similar suicide, the guilt or glory of female chastity, and name the heroine. The doubtful credit of Procopius (Anecdot. c. 17) is supported by the less partial Evagrius, who confirms the fact, and specifies the names.

The tragic fate of the praefect of Constantinople is related by John Malala, (tom. ii. p. 139.) See John Malala, (tom. ii. p. 147;) yet he owns that Justinian was attached to the blues. The seeming discord of the emperor and Theodora is, perhaps, viewed with too much jealousy and refinement by Procopius, (Anecdot. c. 10.) See Aleman. Praefat. p. 6. This dialogue, which Theophanes has preserved, exhibits the popular language, as well as the manners, of Constantinople, in the vith century.

Their Greek is mingled with many strange and barbarous words, for which Ducange cannot always find a meaning or etymology. See this church and monastery in Ducange, C. P. Christiana, l. iv p 182. The history of the Nika sedition is extracted from Marcellinus, (in Chron.,) Procopius, (Persic. l. i. c. 26,) John Malala, (tom. ii. p. 213 - 218,) Chron. Paschal., (p. 336 - 340,) Theophanes, (Chronograph. p. 154 - 158) and Zonaras, (l. xiv. p. 61 - 63.) Marcellinus says in general terms, innumeris populis in circotrucidatis.

Procopius numbers 30,000 victims: and the 35,000 of Theophanes are swelled to 40,000 by the more recent Zonaras. Such is the usual progress of exaggeration. Hierocles, a contemporary of Justinian, composed his Sune>kdhmov (Itineraria, p. 631,) review of the eastern provinces and cities, before the year 535, (Wesseling, in Praefat. and Not. ad p. 623, etc.) See the Book of Genesis (xii. 10) and the administration of Joseph.

The annals of the Greeks and Hebrews agree in the early arts and plenty of Egypt: but this antiquity supposes a long series of improvement; and Warburton, who is almost stifled by the Hebrew calls aloud for the Samaritan, Chronology, (Divine Legation, vol. iii. p. 29, etc.) The recent extraordinary discoveries in Egyptian antiquities strongly confirm the high notion of the early Egyptian civilization, and imperatively demand a longer period for their development. As to the common Hebrew chronology, as far as such a subject is capable of demonstration, it appears to me to have been framed, with a particular view, by the Jews of Tiberias. It was not the chronology of the Samaritans, not that of the LXX., not that of Josephus, not that of St.

Paul. - M. Eight millions of Roman modii, besides a contribution of 80,000 aurei for the expenses of water-carriage, from which the subject was graciously excused. See the 13th Edict of Justinian: the numbers are checked and verified by the agreement of the Greek and Latin texts. Homer's Iliad, vi. 289. These veils, pe>ploi pampoi>kiloi were the work of the Sidonian women. But this passage is more honorable to the manufactures than to the navigation of Phoenicia, from whence they had been imported to Troy in Phrygian bottoms. See in Ovid (de Arte Amandi, iii. 269, etc.) a poetical list of twelve colors borrowed from flowers, the elements, etc. But it is almost impossible to discriminate by words all the nice and various shades both of art and nature. By the discovery of cochineal, etc., we far surpass the colors of antiquity. Their royal purple had a strong smell, and a dark cast as deep as bull's blood - obscuritas rubens, (says Cassiodorus, Var. 1, 2,) nigredo saguinea. The president Goguet (Origine des Loix et des Arts, part ii. l. ii. c. 2, p. 184 - 215) will amuse and satisfy the reader. I doubt whether his book, especially in England, is as well known as it deserves to be. Historical proofs of this jealousy have been occasionally introduced, and many more might have been added; but the arbitrary acts of despotism were justified by the sober and general declarations of law, (Codex Theodosian. l. x. tit. 21, leg. 3. Codex Justinian. l. xi. tit. 8, leg. 5.) An inglorious permission, and necessary restriction, was applied to the mince, the female dancers, (Cod. Theodos. l. xv. tit. 7, leg. 11.) In the history of insects (far more wonderful than Ovid's Metamorphoses) the silk-worm holds a conspicuous place. The bombyx of the Isle of Ceos, as described by Pliny, (Hist. Natur. xi. 26, 27, with the notes of the two learned Jesuits, Hardouin and Brotier,) may be illustrated by a similar species in China, (Memoires sur les Chinois, tom. ii. p. 575 - 598;) but our silk-worm, as well as the white mulberry-tree, were unknown to Theophrastus and Pliny. Georgic. ii. 121. Serica quando venerint in usum planissime non acio: suspicor tamen in Julii Caesaris aevo, nam ante non invenio, says Justus Lipsius, (Excursus i. ad Tacit. Annal. ii. 32.) See Dion Cassius, (l. xliii. p. 358, edit. Reimar,) and Pausanius, (l. vi. p. 519,) the first who describes, however strangely, the Seric insect. Tam longinquo orbe petitur, ut in publico matrona transluceat ...ut denudet foeminas vestis, (Plin. vi. 20, xi. 21.) Varro and Publius Syrus had already played on the Toga vitrea, ventus texilis, and nebula linen, (Horat. Sermon. i. 2, 101, with the notes of Torrentius and Dacier.) Gibbon must have written transparent draperies and naked matrons.

Through sometimes affected, he is never inaccurate. - M. On the texture, colors, names, and use of the silk, half silk, and liuen garments of antiquity, see the profound, diffuse, and obscure researches of the great Salmasius, (in Hist. August. p. 127, 309, 310, 339, 341, 342, 344, 388 - 391, 395, 513,) who was ignorant of the most common trades of Dijon or Leyden. Flavius Vopiscus in Aurelian. c. 45, in Hist. August. p. 224. See Salmasius ad Hist. Aug. p. 392, and Plinian. Exercitat. in Solinum, p. 694, 695. The Anecdotes of Procopius (c. 25) state a partial and imperfect rate of the price of silk in the time of Justinian. Procopius de Edit. l. iii. c. 1. These pinnes de mer are found near Smyrna, Sicily, Corsica, and Minorca; and a pair of gloves of their silk was presented to Pope Benedict XIV. Procopius, Persic. l. i. c. 20, l. ii. c. 25; Gothic. l. iv. c. 17. Menander in Excerpt. Legat. p. 107. Of the Parthian or Persian empire, Isidore of Charax (in Stathmis Parthicis, p. 7, 8, in Hudson, Geograph. Minor. tom. ii.) has marked the roads, and Ammianus Marcellinus (l. xxiii. c. 6, p. 400) has enumerated the provinces. See St. Martin, Mem. sur l'Armenie, vol. ii. p. 41. - M. The blind admiration of the Jesuits confounds the different periods of the Chinese history. They are more critically distinguished by M. de Guignes, (Hist. des Huns, tom. i. part i. in the Tables, part ii. in the Geography. Memoires de l'Academie des Inscriptions, tom. xxxii. xxxvi. xlii. xliii.,) who discovers the gradual progress of the truth of the annals and the extent of the monarchy, till the Christian aera. He has searched, with a curious eye, the connections of the Chinese with the nations of the West; but these connections are slight, casual, and obscure; nor did the Romans entertain a suspicion that the Seres or Sinae possessed an empire not inferior to their own. An abstract of the various opinions of the learned modern writers, Gosselin, Mannert, Lelewel, Malte-Brun, Heeren, and La Treille, on the Serica and the Thinae of the ancients, may be found in the new edition of Malte-Brun, vol. vi. p. 368, 382. - M. The roads from China to Persia and Hindostan may be investigated in the relations of Hackluyt and Thevenot, the ambassadors of Sharokh, Anthony Jenkinson, the Pere Greuber, etc. See likewise Hanway's Travels, vol. i. p. 345 - 357. A communication through Thibet has been lately explored by the English sovereigns of Bengal. For the Chinese navigation to Malacca and Achin, perhaps to Ceylon, see Renaudot, (on the two Mahometan Travellers, p. 8 - 11, 13 - 17, 141 - 157;) Dampier, (vol. ii. p. 136;) the Hist. Philosophique des deux Indes, (tom. i. p. 98,) and Hist. Generale des Voyages, (tom. vi. p. 201.) The knowledge, or rather ignorance, of Strabo, Pliny, Ptolemy, Arrian, Marcian, etc., of the countries eastward of Cape Comorin, is finely illustrated by D'Anville, (Antiquite Geographique de l'Inde, especially p. 161 - 198.) Our geography of India is improved by commerce and conquest; and has been illustrated by the excellent maps and memoirs of Major Rennel. If he extends the sphere of his inquiries with the same critical knowledge and sagacity, he will succeed, and may surpass, the first of modern geographers. The Taprobane of Pliny, (vi. 24,) Solinus, (c. 53,) and Salmas.

Plinianae Exercitat., (p. 781, 782,) and most of the ancients, who often confound the islands of Ceylon and Sumatra, is more clearly described by Cosmas Indicopleustes; yet even the Christian topographer has exaggerated its dimensions. His information on the Indian and Chinese trade is rare and curious, (l. ii. p. 138, l. xi. p. 337, 338, edit.

Montfaucon.) See Procopius, Persic. (l. ii. c. 20.) Cosmas affords some interesting knowledge of the port and inscription of Adulis, (Topograph. Christ. l. ii. p. 138, 140 - 143,) and of the trade of the Axumites along the African coast of Barbaria or Zingi, (p. 138, 139,) and as far as Taprobane, (l. xi. p. 339.) Mr. Salt obtained information of considerable ruins of an ancient town near Zulla, called Azoole, which answers to the position of Adulis. Mr.

Salt was prevented by illness, Mr. Stuart, whom he sent, by the jealousy of the natives, from investigating these ruins: of their existence there seems no doubt. Salt's 2d Journey, p. 452. - M. See the Christian missions in India, in Cosmas, (l. iii. p. 178, 179, l. xi. p. 337,) and consult Asseman. Bibliot. Orient. (tom. iv. p. 413 - 548.) The invention, manufacture, and general use of silk in China, may be seen in Duhalde, (Description Generale de la Chine, tom. ii. p. 165, - 223.) The province of Chekian is the most renowned both for quantity and quality. Procopius, (l. viii. Gothic. iv. c. 17. Theophanes Byzant. apud Phot.

Cod. lxxxiv. p. 38. Zonaras, tom. ii. l. xiv. p. 69. Pagi (tom. ii. p. 602) assigns to the year 552 this memorable importation. Menander (in Excerpt. Legat. p. 107) mentions the admiration of the Sogdoites; and Theophylact Simocatta (l. vii. c. 9) darkly represents the two rival kingdoms in (China) the country of silk. Cosmas, surnamed Indicopleustes, or the Indian navigator, performed his voyage about the year 522, and composed at Alexandria, between 535, and 547, Christian Topography, (Montfaucon, Praefat. c. i.,) in which he refutes the impious opinion, that the earth is a globe; and Photius had read this work, (Cod. xxxvi. p. 9, 10,) which displays the prejudices of a monk, with the knowledge of a merchant; the most valuable part has been given in French and in Greek by Melchisedec Thevenot, (Relations Curieuses, part i.,) and the whole is since published in a splendid edition by Pere Montfaucon, (Nova Collectio Patrum, Paris, 1707, 2 vols. in fol., tom. ii. p. 113 - 346.) But the editor, a theologian, might blush at not discovering the Nestorian heresy of Cosmas, which has been detected by La Croz (Christianisme des Indes, tom. i. p. 40 - 56.) See the character of Anastasius in Joannes Lydus de Magistratibus, iii. c. 45, 46, p. 230 - 232. His economy is there said to have degenerated into parsimony. He is accused of having taken away the levying of taxes and payment of the troops from the municipal authorities, (the decurionate) in the Eastern cities, and intrusted it to an extortionate officer named Mannus.

But Lydus, with no uncommon inconsistency in such writers, proceeds to paint the character of Anastasius as endowed with almost every virtue, not excepting the utmost liberality. He was only prevented by death from relieving his subjects altogether from the capitation tax, which he greatly diminished. - M. Evagrius (l. ii. c. 39, 40) is minute and grateful, but angry with Zosimus for calumniating the great Constantine. In collecting all the bonds and records of the tax, the humanity of Anastasius was diligent and artful: fathers were sometimes compelled to prostitute their daughters, (Zosim. Hist. l. ii. c. 38, p. 165, 166, Lipsiae, 1784.)

Timotheus of Gaza chose such an event for the subject of a tragedy, (Suidas, tom. iii. p. 475,) which contributed to the abolition of the tax, (Cedrenus, p. 35,) - a happy instance (if it be true) of the use of the theatre. See Josua Stylites, in the Bibliotheca Orientalis of Asseman, (tom. p. 268.) This capitation tax is slightly mentioned in the Chronicle of Edessa. Procopius (Anecdot. c. 19) fixes this sum from the report of the treasurers themselves. Tiberias had vicies ter millies; but far different was his empire from that of Anastasius. Evagrius, (l. iv. c. 30,) in the next generation, was moderate and well informed; and Zonaras, (l. xiv. c. 61,) in the xiith century, had read with care, and thought without prejudice; yet their colors are almost as black as those of the anecdotes. Procopius (Anecdot. c. 30) relates the idle conjectures of the times.

The death of Justinian, says the secret historian, will expose his wealth or poverty. See Corippus de Laudibus Justini Aug. l. ii. 260, etc., 384, etc “Plurima sunt vivo nimium neglecta parenti, Unde tot exhaustus contraxit debita fiscus.” Centenaries of gold were brought by strong men into the Hippodrome, “Debita persolvit, genitoris cauta recepit.” The Anecdotes (c. 11 - 14, 18, 20 - 30) supply many facts and more complaints. Lydus gravely refers this calamitous, and, as he considers it, fatal degradation of the Praetorian office to the alteration in the style of the official documents from Latin to Greek; and refers to a prophecy of a certain Fonteius, which connected the ruin of the Roman empire with its abandonment of its language. Lydus chiefly owed his promotion to his knowledge of Latin! - M. One to Scythopolis, capital of the second Palestine, and twelve for the rest of the province. Aleman. (p. 59) honestly produces this fact from a Ms. life of St. Sabas, by his disciple Cyril, in the Vatican Library, and since published by Cotelerius. John Malala (tom. ii. p. 232) mentions the want of bread, and Zonaras (l. xiv. p. 63) the leaden pipes, which Justinian, or his servants, stole from the aqueducts. Hullman (Geschichte des Byzantinischen Handels. p. 15) shows that the despotism of the government was aggravated by the unchecked rapenity of the officers. This state monopoly, even of corn, wine, and oil, was to force at the time of the first crusade. - M. For an aureus, one sixth of an ounce of gold, instead of 210, he gave no more than 180 folles, or ounces of copper. A disproportion of the mint, below the market price, must have soon produced a scarcity of small money. In England twelve pence in copper would sell for no more than seven pence, (Smith's Inquiry into the Wealth of Nations, vol. i. p. 49.) For Justinian's gold coin, see Evagrius, (l. iv. c. 30.) The oath is conceived in the most formidable words, (Novell. viii. tit. 3.) The defaulters imprecate on themselves, quicquid haben: telorum armamentaria coeli: the part of Judas, the leprosy of Gieza, the tremor of Cain, etc., besides all temporal pains. A similar or more generous act of friendship is related by Lucian of Eudamidas of Corinth, (in Toxare, c. 22, 23, tom. ii. p. 530,) and the story has produced an ingenious, though feeble, comedy of Fontenelle. John Malala, tom. ii. p. 101, 102, 103. One of these, Anatolius, perished in an earthquake - doubtless a judgment! The complaints and clamors of the people in Agathias (l. v. p. 146, 147) are almost an echo of the anecdote. The aliena pecunia reddenda of Corippus (l. ii. 381, etc.,) is not very honorable to Justinian's memory. See the history and character of John of Cappadocia in Procopius. (Persic, l. i. c. 35, 25, l. ii. c. 30. Vandal. l. i. c. 13. Anecdot. c. 2, 17, 22.) The agreement of the history and anecdotes is a mortal wound to the reputation of the praefct. This view, particularly of the cruelty of John of Cappadocia, is confirmed by the testimony of Joannes Lydus, who was in the office of the praefect, and eye-witness of the tortures inflicted by his command on the miserable debtors, or supposed debtors, of the state. He mentions one horrible instance of a respectable old man, with whom he was personally acquainted, who, being suspected of possessing money, was hung up by the hands till he was dead. Lydus de Magist. lib. iii. c. 57, p. 254. - M. Ouj gammata kai< tau~ta kaka< kakw~v gra>fai — A forcible expression. Joannes Lydus is diffuse on this subject, lib. iii. c. 65, p. 268. But the indignant virtue of Lydus seems greatly stimulated by the loss of his official fees, which he ascribes to the innovations of the minister. - M. According to Lydus, Theodora disclosed the crimes and unpopularity of the minister to Justinian, but the emperor had not the courage to remove, and was unable to replace, a servant, under whom his finances seemed to prosper. He attributes the sedition and conflagration to the popular resentment against the tyranny of John, lib. iii. c 70, p. 278.

Unfortunately there is a large gap in his work just at this period. - M. The chronology of Procopius is loose and obscure; but with the aid of Pagi I can discern that John was appointed Praetorian praefect of the East in the year 530 - that he was removed in January, 532 - restored before June, 533 - banished in 541 - and recalled between June, 548, and April 1, 549. Aleman. (p. 96, 97) gives the list of his ten successors - a rapid series in a part of a single reign. Lydus gives a high character of Phocas, his successor tom. iii. c. 78 p. 288. - M. This conflagration is hinted by Lucian (in Hippia, c. 2) and Galen, (l. iii. de Temperamentis, tom. i. p. 81, edit. Basil.) in the second century. A thousand years afterwards, it is positively affirmed by Zonaras, (l. ix. p. 424,) on the faith of Dion Cassius, Tzetzes, (Chiliad ii. 119, etc.,) Eustathius, (ad Iliad. E. p. 338,) and the scholiast of Lucian. See Fabricius, (Bibliot. Graec. l. iii. c. 22, tom. ii. p. 551, 552,) to whom I am more or less indebted for several of these quotations. Zonaras (l. xi. c. p. 55) affirms the fact, without quoting any evidence. Tzetzes describes the artifice of these burning-glasses, which he had read, perhaps, with no learned eyes, in a mathematical treatise of Anthemius. That treatise, peri< parado>xwn mhcanhma>twn has been lately published, translated, and illustrated, by M. Dupuys, a scholar and a mathematician, (Memoires de l'Academie des Inscriptions, tom xlii p. 392 - 451.) In the siege of Syracuse, by the silence of Polybius, Plutarch, Livy; in the siege of Constantinople, by that of Marcellinus and all the contemporaries of the vith century. Without any previous knowledge of Tzetzes or Anthemius, the immortal Buffon imagined and executed a set of burning-glasses, with which he could inflame planks at the distance of 200 feet, (Supplement a l'Hist. Naturelle, tom. i. 399 - 483, quarto edition.) What miracles would not his genius have performed for the public service, with royal expense, and in the strong sun of Constantinople or Syracuse? John Malala (tom. ii. p. 120 - 124) relates the fact; but he seems to confound the names or persons of Proclus and Marinus. Agathias, l. v. p. 149 - 152. The merit of Anthemius as an architect is loudly praised by Procopius (de Edif. l. i. c. 1) and Paulus Silentiarius, (part i. 134, etc.) See Procopius, (de Edificiis, l. i. c. 1, 2, l. ii. c. 3.) He relates a coincidence of dreams, which supposes some fraud in Justinian or his architect. They both saw, in a vision, the same plan for stopping an inundation at Dara. A stone quarry near Jerusalem was revealed to the emperor, (l. v. c. 6:) an angel was tricked into the perpetual custody of St. Sophia, (Anonym. de Antiq. C. P. l. iv. p. 70.) Among the crowd of ancients and moderns who have celebrated the edifice of St. Sophia, I shall distinguish and follow, 1. Four original spectators and historians: Procopius, (de Edific. l. i. c. 1,) Agathias, (l. v. p. 152, 153,) Paul Silentiarius, (in a poem of 1026 hexameters, and calcem Annae Commen. Alexiad.,) and Evagrius, (l. iv. c. 31.) 2. Two legendary Greeks of a later period: George Codinus, (de Origin. C. P. p. 64 - 74,) and the anonymous writer of Banduri, (Imp. Orient. tom. i. l. iv. p. 65 - 80.)3. The great Byzantine antiquarian. Ducange, (Comment. ad Paul Silentiar. p. 525 - 598, and C. P. Christ. l. iii. p. 5 - 78.) 4. Two French travellers - the one, Peter Gyllius, (de Topograph.

C. P. l. ii. c. 3, 4,) in the xvith; the other, Grelot, (Voyage de C. P. p. 95 - 164, Paris, 1680, in 4to:) he has given plans, prospects, and inside views of St. Sophia; and his plans, though on a smaller scale, appear more correct than those of Ducange. I have adopted and reduced the measures of Grelot: but as no Christian can now ascend the dome, the height is borrowed from Evagrius, compared with Gyllius, Greaves, and the Oriental Geographer. Solomon's temple was surrounded with courts, porticos, etc.; but the proper structure of the house of God was no more (if we take the Egyptian or Hebrew cubic at 22 inches) than 55 feet in height, 36 2/3 in breadth, and 110 in length - a small parish church, says Prideaux, (Connection, vol. i. p. 144, folio;) but few sanctuaries could be valued at four or five millions sterling! Hist of Jews, vol i p 257. - M Paul Silentiarius, in dark and poetic language, describes the various stones and marbles that were employed in the edifice of St. Sophia, (P. ii. p. 129, 133, etc., etc.:) 1. The Carystian — pale, with iron veins. 2. The Phrygian — of two sorts, both of a rosy hue; the one with a white shade, the other purple, with silver flowers. 3. The Porphyry of Egypt — with small stars. 4. The green marble of Laconia. 5. The Carian — from Mount Iassis, with oblique veins, white and red. 6. The Lydian — pale, with a red flower. 7. The African, or Mauritanian — of a gold or saffron hue. 8. The Celtic — black, with white veins. 9. The Bosphoric - white, with black edges. Besides the Proconnesian which formed the pavement; the Thessalian, Molossian, etc., which are less distinctly painted. The six books of the Edifices of Procopius are thus distributed the first is confined to Constantinople: the second includes Mesopotamia and Syria the third, Armenia and the Euxine; the fourth, Europe; the fifth, Asia Minor and Palestine; the sixth, Egypt and Africa. Italy is forgot by the emperor or the historian, who published this work of adulation before the date (A.D. 555) of its final conquest. Justinian once gave forty-five centenaries of gold (180,000l for the repairs of Antioch after the earthquake, (John Malala, tom. ii p 146 - 149.) For the Heraeum, the palace of Theodora, see Gyllius, (de Bosphoro Thracio, l. iii. c. xi.,) Aleman. (Not. ad. Anec. p. 80, 81, who quotes several epigrams of the Anthology,) and Ducange, (C. P. Christ. l. iv. c. 13, p. 175, 176.) Compare, in the Edifices, (l. i. c. 11,) and in the Anecdotes, (c. 8, 15.) the different styles of adulation and malevolence: stripped of the paint, or cleansed from the dirt, the object appears to be the same. Procopius, l. viii. 29; most probably a stranger and wanderer, as the Mediterranean does not breed whales. Balaenae quoque in nostra maria penetrant, (Plin. Hist. Natur. ix. 2.) Between the polar circle and the tropic, the cetaceous animals of the ocean grow to the length of 50, 80, or 100 feet, (Hist. des Voyages, tom. xv. p. 289. Pennant's British Zoology, vol. iii. p. 35.) Montesquieu observes, (tom. iii. p. 503, Considerations sur la Grandeur et la Decadence des Romains, c. xx.,) that Justinian's empire was like France in the time of the Norman inroads - never so weak as when every village was fortified. Procopius affirms (l. iv. c. 6) that the Danube was stopped by the ruins of the bridge. Had Apollodorus, the architect, left a description of his own work, the fabulous wonders of Dion Cassius (l lxviii. p. 1129) would have been corrected by the genuine picture Trajan's bridge consisted of twenty or twenty-two stone piles with wooden arches; the river is shallow, the current gentle, and the whole interval no more than 443 (Reimer ad Dion. from Marsigli) or 5l7 toises, (D'Anville, Geographie Ancienne, tom. i. p. 305.) Of the two Dacias, Mediterranea and Ripensis, Dardania, Pravalitana, the second Maesia, and the second Macedonia. See Justinian (Novell. xi.,) who speaks of his castles beyond the Danube, and on omines semper bellicis sudoribus inhaerentes. See D'Anville, (Memoires de l'Academie, etc., tom. xxxi p. 280, 299,) Rycaut, (Present State of the Turkish Empire, p. 97, 316,) Max sigli, (Stato Militare del Imperio Ottomano, p. 130.) The sanjak of Giustendil is one of the twenty under the beglerbeg of Rurselis, and his district maintains 48 zaims and 588 timariots. These fortifications may be compared to the castles in Mingrelia (Chardin, Voyages en Perse, tom. i. p. 60, 131) - a natural picture. The valley of Tempe is situate along the River Peneus, between the hills of Ossa and Olympus: it is only five miles long, and in some places no more than 120 feet in breadth. Its verdant beauties are elegantly described by Pliny, (Hist. Natur. l. iv. 15,) and more diffusely by Aelian, (Hist. Var. l. iii. c. i.) Xenophon Hellenic. l. iii. c. 2. After a long and tedious conversation with the Byzantine declaimers, how refreshing is the truth, the simplicity, the elegance of an Attic writer! See the long wall in Evagarius, (l. iv. c. 38.) This whole article is drawn from the fourth book of the Edifices, except Anchialus, (l. iii. c. 7.) Turn back to vol. i. p. 328. In the course of this History, I have sometimes mentioned, and much oftener slighted, the hasty inroads of the Isaurians, which were not attended with any consequences. Trebellius Pollio in Hist. August. p. 107, who lived under Diocletian, or Constantine. See likewise Pancirolus ad Notit. Imp. Orient c. 115, 141. See Cod. Theodos. l. ix. tit. 35, leg. 37, with a copious collective Annotation of Godefroy, tom. iii. p. 256, 257. See the full and wide extent of their inroads in Philostorgius (Hist.

Eccles. l. xi. c. 8,) with Godefroy's learned Dissertations. Cod. Justinian. l. ix. tit. 12, leg. 10. The punishments are severs - a fine of a hundred pounds of gold, degradation, and even death. The public peace might afford a pretence, but Zeno was desirous of monopolizing the valor and service of the Isaurians. The Isaurian war and the triumph of Anastasius are briefly and darkly represented by John Malala, (tom. ii. p. 106, 107,) Evagrius, (l. iii. c. 35,) Theophanes, p. 118 - 120,) and the Chronicle of Marcellinus. Fortes ea regio (says Justinian) viros habet, nec in ullo differt ab Isauria, though Procopius (Persic. l. i. c. 18) marks an essential difference between their military character; yet in former times the Lycaonians and Pisidians had defended their liberty against the great king, Xenophon. Anabasis, l. iii. c. 2.) Justinian introduces some false and ridiculous erudition of the ancient empire of the Pisidians, and of Lycaon, who, after visiting Rome, (long before Aeenas,) gave a name and people to Lycaoni, (Novell. 24, 25, 27, 30.) See Procopius, Persic. l. i. c. 19. The altar of national concern, of annual sacrifice and oaths, which Diocletian had created in the Isla of Elephantine, was demolished by Justinian with less policy than Procopius de Edificiis, l. iii. c. 7. Hist. l. viii. c. 3, 4. These unambitious Goths had refused to follow the standard of Theodoric. As late as the xvth and xvith century, the name and nation might be discovered between Caffa and the Straits of Azoph, (D'Anville, Memoires de l'academie, tom. xxx. p. 240.) They well deserved the curiosity of Busbequius, (p. 321 - 326;) but seem to have vanished in the more recent account of the Missions du Levant, (tom. i.,) Tott, Peysonnnel, etc. For the geography and architecture of this Armenian border, see the Persian Wars and Edifices (l. ii. c. 4 - 7, l. iii. c. 2 - 7) of Procopius. The country is described by Tournefort, (Voyage au Levant, tom. iii. lettre xvii. xviii.) That skilful botanist soon discovered the plant that infects the honey, (Plin. xxi. 44, 45:) he observes, that the soldiers of Lucullus might indeed be astonished at the cold, since, even in the plain of Erzerum, snow sometimes falls in June, and the harvest is seldom finished before September. The hills of Armenia are below the fortieth degree of latitude; but in the mountainous country which I inhabit, it is well known that an ascent of some hours carries the traveller from the climate of Languedoc to that of Norway; and a general theory has been introduced, that, under the line, an elevation of 2400 toises is equivalent to the cold of the polar circle, (Remond, Observations sur les Voyages de Coxe dans la Suisse, tom. ii. p. 104.) The identity or proximity of the Chalybians, or Chaldaeana may be investigated in Strabo, (l. xii. p. 825, 826,) Cellarius, (Geograph. Antiq. tom. ii. p. 202 - 204,) and Freret, (Mem. de Academie, tom. iv. p. 594) Xenophon supposes, in his romance, (Cyropaed l. iii.,) the same Barbarians, against whom he had fought in his retreat, (Anabasis, l. iv.) Procopius, Persic. l. i. c. 15. De Edific. l. iii. c. 6. Ni Taurus obstet in nostra maria venturus, (Pomponius Mela, iii. 8.)

Pliny, a poet as well as a naturalist, (v. 20,) personifies the river and mountain, and describes their combat. See the course of the Tigris and Euphrates in the excellent treatise of D'Anville. Procopius (Persic. l. ii. c. 12) tells the story with the tone, half sceptical, half superstitious, of Herodotus. The promise was not in the primitive lie of Eusebius, but dates at least from the year 400; and a third lie, the Veronica, was soon raised on the two former, (Evagrius, l. iv. c. 27.) As Edessa has been taken, Tillemont must disclaim the promise, (Mem. Eccles. tom. i. p. 362, 383, 617.) Firouz the Conqueror - unfortunately so named. See St. Martin, vol. vi. p. 439. - M. Rather Hepthalites. - M. They were purchased from the merchants of Adulis who traded to India, (Cosmas, Topograph. Christ. l. xi. p. 339;) yet, in the estimate of precious stones, the Scythian emerald was the first, the Bactrian the second, the Aethiopian only the third, (Hill's Theophrastus, p. 61, etc., 92.) The production, mines, etc., of emeralds, are involved in darkness; and it is doubtful whether we possess any of the twelve sorts known to the ancients, (Goguet, Origine des Loix, etc., part ii. l. ii. c. 2, art. 3.)

In this war the Huns got, or at least Perozes lost, the finest pearl in the world, of which Procopius relates a ridiculous fable. The Indo-Scythae continued to reign from the time of Augustus (Dionys. Perieget. 1088, with the Commentary of Eustathius, in Hudson, Geograph. Minor. tom. iv.) to that of the elder Justin, (Cosmas, Topograph. Christ. l. xi. p. 338, 339.) On their origin and conquests, see D'Anville, (sur l'Inde, p. 18, 45, etc., 69, 85, 89.) In the second century they were masters of Larice or Guzerat. According to the Persian historians, he was misled by guides who used he old stratagem of Zopyrus. Malcolm, vol. i. p. 101. - M. In the Ms. Chronicle of Tabary, it is said that the Moubedan Mobed, or Grand Pontiff, opposed with all his influence the violation of the treaty.

St. Martin, vol. vii. p. 254. - M. See the fate of Phirouz, or Perozes, and its consequences, in Procopius, (Persic. l. i. c. 3 - 6,) who may be compared with the fragments of Oriental history, (D'Herbelot, Bibliot. Orient. p. 351, and Texeira, History of Persia, translated or abridged by Stephens, l. i. c. 32, p. 132 - 138.) The chronology is ably ascertained by Asseman. (Bibliot. Orient. tom. iii. p. 396 - 427.) When Firoze advanced, Khoosh-Nuaz (the king of the Huns) presented on the point of a lance the treaty to which he had sworn, and exhorted him yet to desist before he destroyed his fame forever. Malcolm, vol. i. p. 103. - M. The Persian war, under the reigns of Anastasius and Justin, may be collected from Procopius, (Persic. l. i. c. 7, 8, 9,) Theophanes, (in Chronograph. p. 124 - 127,) Evagrius, (l. iii. c. 37,) Marcellinus, (in Chron. p. 47,) and Josue Stylites, (apud Asseman. tom. i. p. 272 - 281.) Gibbon should have written “some prostitutes.” Proc Pers. vol. 1 p. 7. - M. The description of Dara is amply and correctly given by Procopius, (Persic. l. i. c. 10, l. ii. c. 13. De Edific. l. ii. c. 1, 2, 3, l. iii. c. 5.) See the situation in D'Anville, (l'Euphrate et le Tigre, p. 53, 54, 55,) though he seems to double the interval between Dara and Nisibis. The situation (of Dara) does not appear to give it strength, as it must have been commanded on three sides by the mountains, but opening on the south towards the plains of Mesopotamia. The foundation of the walls and towers, built of large hewn stone, may be traced across the valley, and over a number of low rocky hills which branch out from the foot of Mount Masius. The circumference I conceive to be nearly two miles and a half; and a small stream, which flows through the middle of the place, has induced several Koordish and Armenian families to fix their residence within the ruins. Besides the walls and towers, the remains of many other buildings attest the former grandeur of Dara; a considerable part of the space within the walls is arched and vaulted underneath, and in one place we perceived a large cavern, supported by four ponderous columns, somewhat resembling the great cistern of Constantinople. In the centre of the village are the ruins of a palace (probably that mentioned by Procopius) or church, one hundred paces in length, and sixty in breadth. The foundations, which are quite entire, consist of a prodigious number of subterraneous vaulted chambers, entered by a narrow passage forty paces in length. The gate is still standing; a considerable part of the wall has bid defiance to time, etc.

M Donald Kinneir's Journey, p. 438. - M For the city and pass of Derbend, see D'Herbelot, (Bibliot. Orient. p. 157, 291, 807,) Petit de la Croix. (Hist. de Gengiscan, l. iv. c. 9,) Histoire Genealogique des Tatars, (tom. i. p. 120,) Olearius, (Voyage en Perse, p. 1039 - 1041,) and Corneille le Bruyn, (Voyages, tom. i. p. 146, 147:) his view may be compared with the plan of Olearius, who judges the wall to be of shells and gravel hardened by time. Procopius, though with some confusion, always denominates them Caspian, (Persic. l. i. c. 10.) The pass is now styled Tatar-topa, the Tartar-gates, (D'Anville, Geographie Ancienne, tom. ii. p. 119, 120.) Malte-Brun. tom. viii. p. 12, makes three passes: 1. The central, which leads from Mosdok to Teflis.

But the narrative of Col. Monteith, in the Journal of the Geographical Society of London. vol. iii. p. i. p. 39, clearly shows that there are but two passes between the Black Sea and the Caspian; the central, the Caucasian, or, as Col. Monteith calls it, the Caspian Gates, and the pass of Derbend, though it is practicable to turn this position (of Derbend) by a road a few miles distant through the mountains, p. 40. - M. The imaginary rampart of Gog and Magog, which was seriously explored and believed by a caliph of the ninth century, appears to be derived from the gates of Mount Caucasus, and a vague report of the wall of China, (Geograph. Nubiensis, p. 267 - 270. Memoires de l'Academie, tom. xxxi. p. 210 - 219.) See a learned dissertation of Baier, de muro Caucaseo, in Comment.

Acad. Petropol. ann. 1726, tom. i. p. 425 - 463; but it is destitute of a map or plan. When the czar Peter I. became master of Derbend in the year 1722, the measure of the wall was found to be 3285 Russian orgyioe, or fathom, each of seven feet English; in the whole somewhat more than four miles in length. See the fortifications and treaties of Chosroes, or Nushirwan, in Procopius (Persic. l. i. c. 16, 22, l. ii.) and D'Herbelot, (p. 682.) The life of Isocrates extends from Olymp. lxxxvi. 1. to cx. 3, (ante Christ. 436 - 438.) See Dionys. Halicarn. tom. ii. p. 149, 150, edit.

Hudson. Plutarch (sive anonymus) in Vit. X. Oratorum, p. 1538 - 1543, edit. H. Steph. Phot. cod. cclix. p. 1453. The schools of Athens are copiously though concisely represented in the Fortuna Attica of Meursius, (c. viii. p. 59 - 73, in tom. i. Opp.) For the state and arts of the city, see the first book of Pausanias, and a small tract of Dicaearchus, in the second volume of Hudson's Geographers,) who wrote about Olymp. cxvii. (Dodwell's Dissertia sect. 4.) Diogen Laert. de Vit. Philosoph. l. v. segm. 37, p. 289. See the Testament of Epicurus in Diogen. Laert. l. x. segm. 16 - 20, p. 611, 612. A single epistle (ad Familiares, xiii. l.) displays the injustice of the Areopagus, the fidelity of the Epicureans, the dexterous politeness of Cicero, and the mixture of contempt and esteem with which the Roman senators considered the philosophy and philosophers of Greece. Damascius, in Vit. Isidor. apud Photium, cod. ccxlii. p. 1054. See Lucian (in Eunuch. tom. ii. p. 350 - 359, edit. Reitz,) Philostratus (in Vit. Sophist. l. ii. c. 2,) and Dion Cassius, or Xiphilin, (lxxi. p. 1195,) with their editors Du Soul, Olearius, and Reimar, and, above all, Salmasius, (ad Hist. August. p. 72.) A judicious philosopher (Smith's Wealth of Nations, vol. ii. p. 340 - 374) prefers the free contributions of the students to a fixed stipend for the professor. Brucker, Hist. Crit. Philosoph. tom. ii. p. 310, etc. The birth of Epicurus is fixed to the year 342 before Christ, (Bayle,) Olympiad cix. 3; and he opened his school at Athens, Olmp. cxviii. 3, 306 years before the same aera. This intolerant law (Athenaeus, l. xiii. p. 610. Diogen. Laertius, l. v. s. 38. p. 290. Julius Pollux, ix. 5) was enacted in the same or the succeeding year, (Sigonius, Opp. tom. v. p. 62. Menagius ad Diogen. Laert. p. 204. Corsini, Fasti Attici, tom. iv. p. 67, 68.) Theophrastus chief of the Peripatetics, and disciple of Aristotle, was involved in the same exile. This is no fanciful aera: the Pagans reckoned their calamities from the reign of their hero. Proclus, whose nativity is marked by his horoscope, (A.D. 412, February 8, at C. P.,) died 124 years, A.D. 485, (Marin. in Vita Procli, c. 36.) The life of Proclus, by Marinus, was published by Fabricius (Hamburg, 1700, et ad calcem Bibliot. Latin. Lond. 1703.) See Saidas, (tom. iii. p. 185, 186,) Fabricius, (Bibliot. Graec. l. v. c. 26 p. 449 - 552,) and Brucker, (Hist. Crit. Philosoph. tom. ii. p. 319 - The life of Isidore was composed by Damascius, (apud Photium, sod. ccxlii. p. 1028 - 1076.) See the last age of the Pagan philosophers, in Brucker, (tom. ii. p. 341 - 351.) The suppression of the schools of Athens is recorded by John Malala, (tom. ii. p. 187, sub Decio Cos. Sol.,) and an anonymous Chronicle in the Vatican library, (apud Aleman. p. 106.) Agathias (l. ii. p. 69, 70, 71) relates this curious story Chosroes ascended the throne in the year 531, and made his first peace with the Romans in the beginning of 533 - a date most compatible with his young fame and the old age of Isidore, (Asseman. Bibliot. Orient. tom. iii. p. 404. Pagi, tom. ii. p. 543, 550.) Cassiodor. Variarum Epist. vi. 1. Jornandes, c. 57, p. 696, dit. Grot.

Quod summum bonum primumque in mundo decus dicitur. See the regulations of Justinian, (Novell. cv.,) dated at Constantinople, July 5, and addressed to Strategius, treasurer of the empire. Procopius, in Anecdot. c. 26. Aleman. p. 106. In the xviiith year after the consulship of Basilius, according to the reckoning of Marcellinus, Victor, Marius, etc., the secret history was composed, and, in the eyes of Procopius, the consulship was finally abolished. By Leo, the philosopher, (Novell. xciv. A.D. 886 - 911.) See Pagi (Dissertat. Hypatica, p. 325 - 362) and Ducange, (Gloss, Graec p. 1635, 1636.) Even the title was vilified: consulatus codicilli . . vilescunt, says the emperor himself. According to Julius Africanus, etc., the world was created the first of September, 5508 years, three months, and twenty-five days before the birth of Christ. (See Pezron, Antiquite des Tems defendue, p. 20 - 28.)

And this aera has been used by the Greeks, the Oriental Christians, and even by the Russians, till the reign of Peter I The period, however arbitrary, is clear and convenient. Of the 7296 years which are supposed to elapse since the creation, we shall find 3000 of ignorance and darkness; 2000 either fabulous or doubtful; 1000 of ancient history, commencing with the Persian empire, and the Republics of Rome and Athens; 1000 from the fall of the Roman empire in the West to the discovery of America; and the remaining 296 will almost complete three centuries of the modern state of Europe and mankind. I regret this chronology, so far preferable to our double and perplexed method of counting backwards and forwards the years before and after the Christian era. The aera of the world has prevailed in the East since the vith general council, (A.D. 681.) In the West, the Christian aera was first invented in the vith century: it was propagated in the viiith by the authority and writings of venerable Bede; but it was not till the xth that the use became legal and popular. See l'Art de Veriner les Dates, Dissert.

Preliminaire, p. iii. xii. Dictionnaire Diplomatique, tom. i. p. 329 - 337; the works of a laborious society of Benedictine monks.

CHAPTER - The complete series of the Vandal war is related by Procopius in a regular and elegant narrative, (l. i. c. 9 - 25, l. ii. c. 1 - 13,) and happy would be my lot, could I always tread in the footsteps of such a guide.

From the entire and diligent perusal of the Greek text, I have a right to pronounce that the Latin and French versions of Grotius and Cousin may not be implicitly trusted; yet the president Cousin has been often praised, and Hugo Grotius was the first scholar of a learned age. See Ruinart, Hist. Persecut. Vandal. c. xii. p. 589. His best evidence is drawn from the life of St. Fulgentius, composed by one of his disciples, transcribed in a great measure in the annals of Baronius, and printed in several great collections, (Catalog. Bibliot. Bunavianae, tom. i. vol. ii. p. 1258.) For what quality of the mind or body? For speed, or beauty, or valor? - In what language did the Vandals read Homer? - Did he speak German? - The Latins had four versions, (Fabric. tom. i. l. ii. c. 8, p. 297:) yet, in spite of the praises of Seneca, (Consol. c. 26,) they appear to have been more successful in imitating than in translating the Greek poets. But the name of Achilles might be famous and popular even among the illiterate Barbarians. A year - absurd exaggeration! The conquest of Africa may be dated A.

D 533, September 14. It is celebrated by Justinian in the preface to his Institutes, which were published November 21 of the same year.

Including the voyage and return, such a computation might be truly applied to our Indian empire. Wrmhto de< oJ Belisa>riov ejk Germani>av h\ Qra|kw~nte kai< /Illuriw~n metaxu< kei~tai (Pocop. Vandal. l. i. c. 11.) Aleman, (Not. ad Anecdot. p. 5,) an Italian, could easily reject the German vanity of Giphanius and Velserus, who wished to claim the hero; but his Germania, a metropolis of Thrace, I cannot find in any civil or ecclesiastical lists of the provinces and cities. M. von Hammer (in a review of Lord Mahon's Life of Belisarius in the Vienna Jahrbucher) shows that the name of Belisarius is a Sclavonic word, Beli-tzar, the White Prince, and that the place of his birth was a village of Illvria, which still bears the name of Germany. - M. The two first Persian campaigns of Belisarius are fairly and copiously related by his secretary, (Persic. l. i. c. 12 - 18.) The battle was fought on Easter Sunday, April 19, not at the end of the summer. The date is supplied from John Malala by Lord Mabon p. 47. - M. See the birth and character of Antonina, in the Anecdotes, c. l. and the notes of Alemannus, p. 3. See the preface of Procopius. The enemies of archery might quote the reproaches of Diomede Iliad. Delta. 385, etc.) and the permittere vulnera ventis of Lucan, (viii. 384:) yet the Romans could not despise the arrows of the Parthians; and in the siege of Troy, Pandarus, Paris, and Teucer, pierced those haughty warriors who insulted them as women or children. Neurhlasen to>xw| de< si>dhron (Iliad. Delta. 123.)

How concise - how just - how beautiful is the whole picture! I see the attitudes of the archer - I hear the twanging of the bow.

Li>gxe biog i]acen, a+lto d di`sto>v The text appears to allow for the largest vessels 50,000 medimni, or 3000 tons, (since the medimnus weighed 160 Roman, or avoirdupois, pounds.) I have given a more rational interpretation, by supposing that the Attic style of Procopius conceals the legal and popular modius, a sixth part of the medimnus, (Hooper's Ancient Measures, p. 152, etc.) A contrary and indeed a stranger mistake has crept into an oration of Dinarchus, (contra Demosthenem, in Reiske Orator. Graec tom iv. P. ii. p. 34.) By reducing the number of ships from 500 to 50, and translating medi>mnoi by mines, or pounds, Cousin has generously allowed 500 tons for the whole of the Imperial fleet!

Did he never think? I have read of a Greek legislator, who inflicted a double penalty on the crimes committed in a state of intoxication; but it seems agreed that this was rather a political than a moral law. Or even in three days, since they anchored the first evening in the neighboring isle of Tenedos: the second day they sailed to Lesbon the third to the promontory of Euboea, and on the fourth they reached Argos, (Homer, Odyss. P. 130 - 183. Wood's Essay on Homer, p. 40 - 46.) A pirate sailed from the Hellespont to the seaport of Sparta in three days, (Xenophon. Hellen. l. ii. c. l.) Caucana, near Camarina, is at least 50 miles (350 or 400 stadia) from Syracuse, (Cluver. Sicilia Antiqua, p. 191.) Lord Mahon. (Life of Belisarius, p.88) suggests some valid reasons for reading Catana, the ancient name of Catania. - M. Procopius, Gothic. l. i. c. 3. Tibi tollit hinnitum apta quadrigis equa, in the Sicilian pastures of Grosphus, (Horat. Carm. ii. 16.) Acragas .... magnanimum quondam generator equorum, (Virg. Aeneid. iii. 704.)

Thero's horses, whose victories are immortalized by Pindar, were bred in this country. The Caput Vada of Procopius (where Justinian afterwards founded a city - De Edific.l. vi. c. 6) is the promontory of Ammon in Strabo, the Brachodes of Ptolemy, the Capaudia of the moderns, a long narrow slip that runs into the sea, (Shaw's Travels, p. 111.) A centurion of Mark Antony expressed, though in a more manly train, the same dislike to the sea and to naval combats, (Plutarch in Antonio, p. 1730, edit. Hen. Steph.) Rather into the present Lake of Tunis. Lord Mahon, p. 92. - M. Sullecte is perhaps the Turris Hannibalis, an old building, now as large as the Tower of London. The march of Belisarius to Leptis.

Adrumetum, etc., is illustrated by the campaign of Caesar, (Hirtius, de Bello Africano, with the Analyse of Guichardt,) and Shaw's Travels (p. 105 - 113) in the same country. Para>deisov ka>llistov aJpa>ntwn w=n hJmei~v i]smen The paradises, a name and fashion adopted from Persia, may be represented by the royal garden of Ispahan, (Voyage d'Olearius, p. 774.) See, in the Greek romances, their most perfect model, (Longus. Pastoral. l. iv. p. 99 - 101 Achilles Tatius. l. i. p. 22, 23.) 80,000. (muria>dev ojktw> )Hist. Arc. c. 18. Gibbon has been misled by the translation. See Lord ov. p. 99. - M. The neighborhood of Carthage, the sea, the land, and the rivers, are changed almost as much as the works of man. The isthmus, or neck of the city, is now confounded with the continent; the harbor is a dry plain; and the lake, or stagnum, no more than a morass, with six or seven feet water in the mid-channel. See D'Anville, (Geographie Ancienne, tom. iii. p. 82,) Shaw, (Travels, p. 77 - 84,) Marmol, (Description de l'Afrique, tom. ii. p. 465,) and Thuanus, (lviii. 12, tom. iii. p. 334.) From Delphi, the name of Delphicum was given, both in Greek and Latin, to a tripod; and by an easy analogy, the same appellation was extended at Rome, Constantinople, and Carthage, to the royal banquetting room, (Procopius, Vandal. l. i. c. 21. Ducange, Gloss, Graec. p. 277., De>lfikon ad Alexiad. p. 412.) And a few others. Ojliga a]tta Procopius states in his work De Edi Sciis. l. vi. vol i. p. 5. - M Gibbon had forgotten that the bearer of the “victorious letters of his brother” had sailed into the port of Carthage; and that the letters had fallen into the hands of the Romans. Proc. Vandal. l. i. c. 23. - M. These orations always express the sense of the times, and sometimes of the actors. I have condensed that sense, and thrown away declamation. The relics of St. Augustin were carried by the African bishops to their Sardinian exile, (A.D. 500;) and it was believed, in the viiith century, that Liutprand, king of the Lombards, transported them (A.D. 721) from Sardinia to Pavia. In the year 1695, the Augustan friars of that city found a brick arch, marble coffin, silver case, silk wrapper, bones, blood, etc., and perhaps an inscription of Agostino in Gothic letters.

But this useful discovery has been disputed by reason and jealousy, (Baronius, Annal. A.D. 725, No. 2 - 9. Tillemont, Mem. Eccles. tom. xiii. p. 944. Montfaucon, Diarium Ital. p. 26 - 30. Muratori, Antiq. Ital.

Medii Aevi, tom. v. dissert. lviii. p. 9, who had composed a separate treatise before the decree of the bishop of Pavia, and Pope Benedict XIII.) Ta< th~v politei>av prooi>mia The expression of Procopius (de Edific. l. vi. c. 7.) Ceuta, which has been defaced by the Portuguese, flourished in nobles and palaces, in agriculture and manufactures, under the more prosperous reign of the Arabs, (l'Afrique de Marmai, tom. ii. p. 236. See the second and third preambles to the Digest, or Pandects, promulgated A.D. 533, December 16. To the titles of Vandalicus and Africanus, Justinian, or rather Belisarius, had acquired a just claim; Gothicus was premature, and Francicus false, and offensive to a great nation. See the original acts in Baronius, (A.D. 535, No. 21 - 54.) The emperor applauds his own clemency to the heretics, cum sufficiat eis vivere. Dupin (Geograph. Sacra Africana, p. lix. ad Optat. Milav.) observes and bewails this episcopal decay. In the more prosperous age of the church, he had noticed 690 bishoprics; but however minute were the dioceses, it is not probable that they all existed at the same time. The African laws of Justinian are illustrated by his German biographer, (Cod. l. i. tit. 27. Novell. 36, 37, 131. Vit. Justinian, p. 349 - 377.) Mount Papua is placed by D'Anville (tom. iii. p. 92, and Tabul. Imp.

Rom. Occident.) near Hippo Regius and the sea; yet this situation ill agrees with the long pursuit beyond Hippo, and the words of Procopius, (l. ii.c.4,). Ejn toi~v Noumidi>av ejsca>toiv. Compare Lord Mahon, 120. conceive Gibbon to be right - M. Shaw (Travels, p. 220) most accurately represents the manners of the Bedoweens and Kabyles, the last of whom, by their language, are the remnant of the Moors; yet how changed - how civilized are these modern savages! - provisions are plenty among them and bread is common. By Procopius it is styled a lyre; perhaps harp would have been more national. The instruments of music are thus distinguished by Venantius Fortunatus: - Romanusque lyra tibi plaudat, Barbarus harpa. Herodotus elegantly describes the strange effects of grief in another royal captive, Psammetichus of Egypt, who wept at the lesser and was silent at the greatest of his calamities, (l. iii. c. 14.) In the interview of Paulus Aemilius and Perses, Belisarius might study his part; but it is probable that he never read either Livy or Plutarch; and it is certain that his generosity did not need a tutor. After the title of imperator had lost the old military sense, and the Roman auspices were abolished by Christianity, (see La Bleterie, Mem. de l'Academie, tom. xxi. p. 302 - 332,) a triumph might be given with less inconsistency to a private general. If the Ecclesiastes be truly a work of Solomon, and not, like Prior's poem, a pious and moral composition of more recent times, in his name, and on the subject of his repentance. The latter is the opinion of the learned and free-spirited Grotius, (Opp. Theolog. tom. i. p. 258;) and indeed the Ecclesiastes and Proverbs display a larger compass of thought and experience than seem to belong either to a Jew or a king.

Rosenmuller, arguing from the difference of style from that of the greater part of the book of Proverbs, and from its nearer approximation to the Aramaic dialect than any book of the Old Testament, assigns the Ecclesiastes to some period between Nehemiah and Alexander the Great Schol. in Vet. Test. ix. Proemium ad Eccles. p. 19. - M. In the Belisaire of Marmontel the king and the conqueror of Africa meet, sup, and converse, without recollecting each other. It is surely a fault of that romance, that not only the hero, but all to whom he had been so conspicuously known, appear to have lost their eyes or their memory. Shaw, p. 59. Yet since Procopius (l. ii. c. 13 [tom. i. p. 466, edit.

Bonn]) speaks of a people of Mount Atlas, as already distinguished by white bodies and yellow hair, the phenomenon (which is likewise visible in the Andes of Peru, Buffon, tom. iii. p. 504) may naturally be ascribed to the elevation of the ground and the temperature of the air. The geographer of Ravenna (l. iii. ch. xi. p. 129, 130, 131; Paris, 1688) describes the Mauritania Gaditana (opposite to Cadiz), “Ubi gens Vandalorum, a Belisario devicta in Africa, fugit, et nunquam comparuit.” A single voice had protested, and Genseric dismissed, without a formal answer, the Vandals of Germany: but those of Africa derided his prudence, and affected to despise the poverty of their forests Procopius, Vandal. l. i. c. 22). From the mouth of the Great Elector (in 1687) Tollius describes the secret royalty and rebellious spirit of the Vandals of Brandenburg, who could muster five or six thousand soldiers, who had procured some cannon, etc. (Itinerar. Hungar. p. 42, apud Dubos, Hist. de la Monarchie Francoise, tom. i. p. 182, 183). The veracity, not of the elector, but of Tollius himself, may justly be suspected. On the probable Sclavonic origin of the Vandals, see editor’s note, vol. i. p. 573. — S. Procopius (l. i. c. 22 [tom. i. p. 400, edit. Bonn]) was in total darkness — ou]te mnh>mh tiv ou]te o]noma ejv ejme< swze>tai . Under the reign of Dagobert (a.d. 630) the Sclavonian tribes of the Sorbi and Venedi already bordered on Thuringia (Mascou, Hist. of the Germans, xv. 3, 4, 5). Sallust represents the Moors as a remnant of the army of Heracles (de Bell. Jugurth. c. 21 [18]), and Procopius (Vandal. l. ii. c. 10 [tom. ii. p. 450, edit. Bonn]) as the posterity of the Cananaeans who fled from the robber Joshua (lhsthinscription. I believe in the columns — I doubt the inscription — and I reject the pedigree. It has been supposed that Procopius is the only, or at least the most ancient, author who has spoken of this strange inscription, of which one may be tempted to attribute the invention to Procopius himself. Yet it is mentioned in the Armenian history of Moses of Chorene (l. i. c. 18), who lived and wrote more than a century before Procopius. This is sufficient to show that an earlier date must be assigned to this tradition. The same inscription is mentioned by Suidas (sub voc. Cana>an ), no doubt from Procopius. According to most of the Arabian writers, who adopted a nearly similar tradition, the indigenes of Northern Africa were the people of Palestine expelled by David, who passed into Africa under the guidance of Goliath, whom they call Djalout. It is impossible to admit traditions which bear a character so fabulous. St. Martin, vol. xi. p. 324. — Unless my memory greatly deceives me, I have read in the works of Lightfoot a similar Jewish tradition; but I have mislaid the reference, and cannot recover the passage. — M. Virgil (Georgic. iii. 339) and Pomponius Mela (i. 8) describe the wandering life of the African shepherds, similar to that of the Arabs and Tartars; and Shaw (p. 222) is the best commentator on the poet and the geographer. The customary gifts were a scepter, a crown or cap, a white cloak, a figured tunic, and shoes, all adorned with gold and silver; nor were these precious metals less acceptable in the shape of coin (Procop.

Vandal. l. i. c. 25). See the African government and warfare of Solomon in Procopius (Vandal. l. ii. c. 10, 11, 12, 13, 19, 20). He was recalled and again restored; and his last victory dates in the thirteenth year of Justinian (a.d. 539). An accident in his childhood had rendered him an eunuch (l. i. c. 11): the other Roman generals were amply furnished with beards, pw>gwnov ejmpipla>menoi (l. ii. c. 8). This natural antipathy of the horse for the camel is affirmed by the ancients (Xenophon. Cyropaed. l. vi. [c. 2] p. 438; l. vii. [c. 1] p. 483, 492, edit. Hutchinson; Polyaen. Stratagem. vii. 6 [section 6]; Plin. Hist.

Nat. viii. 26; AElian de Natur. Animal. iii. l. c. 7); but it is disproved by daily experience, and derided by the best judges, the Orientals (Voyage d’Olearius, p. 553). Procopius is the first who describes Mount Aurasius (Vandal. l. ii. c. 13; De. AEdific. l. vi. c. 7). He may be compared with Leo Africanus (dell’ Africa, parte v. in Ramusio, tom. i. fol. 77, recto), Marmol (tom. ii. p. 430), and Shaw (p. 56-59). Isidor. Chron. p. 722, edit. Grot. Mariana, Hist. Hispan. l. v. c. 8, p. 173. Yet, according to Isidore, the siege of Ceuta and the death of Theudes happened, a. ae. h 586-a.d. 548; and the place was defended, not by the Vandals, but by the Romans. Procopius, Vandal. l. i. c. 24. See the original Chronicle of Isidore and the fifth and sixth books of the History of Spain by Mariana. The Romans were finally expelled by Suintila, king of the Visigoths (a.d. 621-626), after their reunion to the Catholic Church. See the marriage and fate of Amalafrida in Procopius (Vandal l. i. c. 8, 9), and in Cassiodorus (Var. ix. 1) the expostulation of her royal brother. Compare likewise the Chronicle of Victor Tunnunensis. Lilybaeum was built by the Carthaginians, Olymp. xcv. 4; and in the first Punic war, a strong situation and excellent harbor rendered that place an important object to both nations. Compare the different passages of Procopius (Vandal. l. ii. c. 5; Gothic. l. i. c. 3). For the reign and character of Amalasontha, see Procopius (Gothic. l. i. c. 2, 3, 4, and Anecdot. c. 16, with the notes of Alemannus), Cassiodorus (Var. viii. ix. x. and xi. 1), and Jornandes (de Rebus Geticis, c. 59, and De Successione Regnorum, in Muratori, tom. i. p. 241). The marriage of Theodoric with Audefleda, the sister of Clovis, may be placed in the year 495, soon after the conquest of Italy (De Buat, Hist. des Peuples, tom. ix. p. 213). The nuptials of Eutharic and Amalasontha were celebrated in 515 (Cassiodor. in Chron. p. 453 [tom. i. p. 395, edit. Rotom.]). At the death of Theodoric his grandson Athalaric is described by Procopius as a boy about eight years old — ojktw< gegonw Cassiodorus, with authority and reason, adds two years to his age — “infantulum adhuc vix decennem.” The lake, from the neighboring towns of Etruria, was styled either Vulsiniensis (now of Bolsena) or Tarquiniensis. It is surrounded with white rocks, and stored with fish and wild-fowl. The younger Pliny (Epist. ii. 96 [95]) celebrates two woody islands that floated on its waters: if a fable, how credulous the ancients! if a fact, how careless the moderns! Yet, since Pliny, the island may have been fixed by new and gradual accessions. Amalasontha was not alive when this new ambassador, Peter of Thessalonica, arrived in Italy: he could not then secretly contribute to her death. “But” (says M. de Sainte Croix) “it is not beyond probability that Theodora had entered into some criminal intrigue with Gundelina, for that wife of Theodatus wrote to implore her protection, reminding her of the confidence which she and her husband had always placed in her former promises.” See, on Amalasontha and the authors of her death, an excellent dissertation of M. de Sainte Croix in the Archives Litteraires published by M. Vanderbourg, No. 50, t. xvii. p. 216. — G. Yet Procopius discredits his own evidence (Anecdot. c. 16), by confessing that in his public history he had not spoken the truth. See the Epistles from Queen Gundelina to the Empress Theodora (Var. x. 20, 21, 23, and observe a suspicious word, “de illa persona,” etc.), with the elaborate Commentary of Buat (tom. x. p. 177-185). For the conquest of Sicily compare the narrative of Procopius with the complaints of Totila (Gothic. l. i. c. 5; l. iii. c. 16). The Gothic queen had lately relieved that thankless island (Var. ix. 10, 11). The ancient magnitude and splendor of the five quarters of Syracuse are delineated by Cicero (in Verrem, actio ii. l. iv. c. 52, 53), Strabo (l. vi. p. 415 [p. 270, edit. Casaub.]), and D’Orville Sicula (tom. ii. p. 174- 202). The new city, restored by Augustus, shrunk toward the island. A hundred (there was no room on board for more). Gibbon has again been misled by Cousin’s translation. Lord Mahon, p. 154. — M. Procopius (Vandal. l. ii. c. 14, 15) so clearly relates the return of Belisarius into Sicily (p. 146, edit. Hoeschelii [tom. i. p. 481, edit.

Bonn]), that I am astonished at the strange misapprehension and reproaches of a learned critic (Oeuvres de la Mothe le Vayer, tom. viii. p. 162, 163). The ancient Alba was ruined in the first age of Rome. On the same spot, or at least in the neighborhood, successively arose, 1. The villa of Pompey, etc. (Procop. Goth. l. ii. c. 4 Oluver. Ital. Antiq tom. ii. p. 914.) A Sibylline oracle was ready to pronounce - Africa capta munitus cum nato peribit; a sentence of portentous ambiguity, (Gothic. l. i. c. 7,) which has been published in unknown characters by Opsopaeus, an editor of the oracles. The Pere Maltret has promised a commentary; but all his promises have been vain and fruitless. In his chronology, imitated, in some degree, from Thucydides, Procopius begins each spring the years of Justinian and of the Gothic war; and his first aera coincides with the first of April, 535, and not 536, according to the Annals of Baronius, (Pagi, Crit. tom. ii. p. 555, who is followed by Muratori and the editors of Sigonius.) Yet, in some passages, we are at a loss to reconcile the dates of Procopius with himself, and with the Chronicle of Marcellinus. The series of the first Gothic war is represented by Procopius (l. i. c. - 29, l. ii. c. l - 30, l. iii. c. l) till the captivity of Vitigas. With the aid of Sigonius (Opp. tom. i. de Imp. Occident. l. xvii. xviii.) and Muratori, (Annali d'Itaia, tom. v.,) I have gleaned some few additional facts. Jornandes, de Rebus Geticis, c. 60, p. 702, edit. Grot., and tom. i. p. 221. Muratori, de Success, Regn. p. 241. Nero (says Tacitus, Annal. xv. 35) Neapolim quasi Graecam urbem delegit. One hundred and fifty years afterwards, in the time of Septimius Severus, the Hellenism of the Neapolitans is praised by Philostratus. Gejnov [Ellhnev kai< ajstukoi< o[qen kai< talwn Jellhnikoi> eijsi (Icon. l. i. p. 763, edit.

Olear.) The otium of Naples is praised by the Roman poets, by Virgil, Horace, Silius Italicus, and Statius, (Cluver. Ital. Ant. l. iv. p. 1149, 1150.) In an elegant epistles, (Sylv. l. iii. 5, p. 94 - 98, edit. Markland,) Statius undertakes the difficult task of drawing his wife from the pleasures of Rome to that calm retreat. This measure was taken by Roger l., after the conquest of Naples, (A.D. 1139,) which he made the capital of his new kingdom, (Giannone, Istoria Civile, tom. ii. p. 169.) That city, the third in Christian Europe, is now at least twelve miles in circumference, (Jul.

Caesar. Capaccii Hist. Neapol. l. i. p. 47,) and contains more inhabitants (350,000) in a given space, than any other spot in the known world. Not geometrical, but common, paces or steps, of 22 French inches, (D' Anville, Mesures Itineraires, p. 7, 8.) The 2363 do not take an English mile. Belisarius was reproved by Pope Silverius for the massacre. He repeopled Naples, and imported colonies of African captives into Sicily, Calabria, and Apulia, (Hist. Miscell. l. xvi. in Muratori, tom. i. p. 106, 107.) Beneventum was built by Diomede, the nephew of Meleager (Cluver. tom. ii. p. 1195, 1196.) The Calydonian hunt is a picture of savage life, (Ovid, Metamorph. l. viii.) Thirty or forty heroes were leagued against a hog: the brutes (not the hog) quarrelled with lady for the head. The Decennovium is strangely confounded by Cluverius (tom. ii. p. 1007) with the River Ufens. It was in truth a canal of nineteen miles, from Forum Appii to Terracina, on which Horace embarked in the night. The Decennovium, which is mentioned by Lucan, Dion Cassius, and Cassiodorus, has been sufficiently ruined, restored, and obliterated, (D'Anville, Anayse de l'Italie, p. 185, etc.) A Jew, gratified his contempt and hatred for all the Christians, by enclosing three bands, each of ten hogs, and discriminated by the names of Goths, Greeks, and Romans. Of the first, almost all were found dead; almost all the second were alive: of the third, half died, and the rest lost their bristles. No unsuitable emblem of the event Bergier (Hist. des Grands Chemins des Romains, tom. i. p. 221 - 228, 440 - 444) examines the structure and materials, while D'Anville (Analyse d'Italie, p. 200 - 123) defines the geographical line. Of the first recovery of Rome, the year (536) is certain, from the series of events, rather than from the corrupt, or interpolated, text of Procopius. The month (December) is ascertained by Evagrius, (l. iv. v. 19;) and the day (the tenth) may be admitted on the slight evidence of Nicephorus Callistus, (l. xvii. c. 13.) For this accurate chronology, we are indebted to the diligence and judgment of Pagi, (tom, ii. p. 659, 560.) Note: Compare Maltret's note, in the edition of Dindorf the ninth is the day, according to his reading, - M. A horse of a bay or red color was styled fa>liov by the Greeks, balan by the Barbarians, and spadix by the Romans. Honesti spadices, says Virgil, (Georgic. l. iii. 72, with the Observations of Martin and Heyne.)

Spadix, or bai>on It signifies a branch of the palm-tree, whose name, foinired, (Aulus Gellius, ii. 26.) I interpret bandala>riov, it, not as a proper, name, but an office, standard-bearer, from bandum, (vexillum,) a Barbaric word adopted by the Greeks and Romans, (Paul Diacon. l. i. c. 20, p. 760. Grot. Nomina Hethica, p. 575. Ducange, Gloss. Latin. tom. i. p. 539, 540.) M. D'Anville has given, in the Memoirs of the Academy for the year 1756, (tom. xxx. p. 198 - 236,) a plan of Rome on a smaller scale, but far more accurate than that which he had delineated in 1738 for Rollin's history. Experience had improved his knowledge and instead of Rossi's topography, he used the new and excellent map of Nolli. Pliny's old measure of thirteen must be reduced to eight miles. It is easier to alter a text, than to remove hills or buildings. Compare Gibbon, ch. xi. note 43, and xxxi. 67, and ch. lxxi. “It is quite clear,” observes Sir J.

Hobhouse, “that all these measurements differ, (in the first and second it is 21, in the text 12 and 345 paces, in the last 10,) yet it is equally clear that the historian avers that they are all the same.” The present extent, 12 3/4 nearly agrees with the second statement of Gibbon. Sir.

J. Hobhouse also observes that the walls were enlarged by Constantine; but there can be no doubt that the circuit has been much changed.

Illust. of Ch. Harold, p. 180. - M. In the year 1709, Labat (Voyages en Italie, tom. iii. p. 218) reckoned 138,568 Christian souls, besides 8000 or 10,000 Jews - without souls?

In the year 1763, the numbers exceeded 160,000. The accurate eye of Nardini (Roma Antica, l. i. c. viii. p. 31) could distinguish the tumultuarie opere di Belisario. The fissure and leaning in the upper part of the wall, which Procopius observed, (Goth. l. i. c. 13,) is visible to the present hour, (Douat.

Roma Vetus, l. i. c. 17, p. 53, 54.) Lipsius (Opp. tom. iii. Poliorcet, l. iii.) was ignorant of this clear and conspicuous passage of Procopius, (Goth. l. i. c. 21.) The engine was named o]nagrov, the wild ass, a calcitrando, (Hen. Steph. Thesaur.

Linguae Graec. tom. ii. p. 1340, 1341, tom. iii. p. 877.) I have seen an ingenious model, contrived and executed by General Melville, which imitates or surpasses the art of antiquity. The description of this mausoleum, or mole, in Procopius, (l. i. c. 25.) is the first and best. The height above the walls scedo>n ti ejv li>qou bolhfeet.

Donatus and Nardini suppose that Hadrian's tomb was fortified by Honorius; it was united to the wall by men of old, (Procop in loc.)

Gibbon has mistaken the breadth for the height above the walls Hobhouse, Illust. of Childe Harold, p. 302. - M. Praxiteles excelled in Fauns, and that of Athens was his own masterpiece. Rome now contains about thirty of the same character.

When the ditch of St. Angelo was cleansed under Urban VIII., the workmen found the sleeping Faun of the Barberini palace; but a leg, a thigh, and the right arm, had been broken from that beautiful statue, (Winkelman, Hist. de l'Art, tom. ii. p. 52, 53, tom iii. p. 265.) Procopius has given the best description of the temple of Janus a national deity of Latium, (Heyne, Excurs. v. ad l. vii. Aeneid.) It was once a gate in the primitive city of Romulus and Numa, (Nardini, p. 13, 256, 329.) Virgil has described the ancient rite like a poet and an antiquarian. Vivarium was an angle in the new wall enclosed for wild beasts, (Procopius, Goth. l. i. c. 23.) The spot is still visible in Nardini (l iv. c. 2, p. 159, 160,) and Nolli's great plan of Rome. For the Roman trumpet, and its various notes, consult Lipsius de Militia Romana, (Opp. tom. iii. l. iv. Dialog. x. p. 125-129.) A mode of distinguishing the charge by the horse-trumpet of solid brass, and the retreat by the foot-trumpet of leather and light wood, was recommended by Procopius, and adopted by Belisarius. Procopius (Goth. l. ii. c. 3) has forgot to name these aqueducts nor can such a double intersection, at such a distance from Rome, be clearly ascertained from the writings of Frontinus, Fabretti, and Eschinard, de Aquis and de Agro Romano, or from the local maps of Lameti and Cingolani. Seven or eight miles from the city, (50 stadia,) on the road to Albano, between the Latin and Appian ways, I discern the remains of an aqueduct, (probably the Septimian,) a series (630 paces) of arches twenty-five feet high (uJyhlw< ejv a]gan ). They made sausages, ajlla~ntav , of mule's flesh; unwholesome, if the animals had died of the plague. Otherwise, the famous Bologna sausages are said to be made of ass flesh, (Voyages de Labat, tom. ii. p. 218.) The name of the palace, the hill, and the adjoining gate, were all derived from the senator Pincius. Some recent vestiges of temples and churches are now smoothed in the garden of the Minims of the Trinita del Monte, (Nardini, l. iv. c. 7, p. 196. Eschinard, p. 209, 210, the old plan of Buffalino, and the great plan of Nolli.) Belisarius had fixed his station between the Pincian and Salarian gates, (Procop. Goth. l. i. c. 15.) From the mention of the primum et secundum velum, it should seem that Belisarius, even in a siege, represented the emperor, and maintained the proud ceremonial of the Byzantine palace. De Beau, as a good Catholic, makes the Pope the victim of a dark intrigue. Lord Mahon, (p. 225.) with whom I concur, summed up against him. - M. Of this act of sacrilege, Procopius (Goth. l. i. c. 25) is a dry and reluctant witness. The narratives of Liberatus (Breviarium, c. 22) and Anastasius (de Vit. Pont. p. 39) are characteristic, but passionate. Hear the execrations of Cardinal Baronius, (A.D. 536, No. 123 A.D. 538, No. 4 - 20:) portentum, facinus omni execratione dignum. The old Capena was removed by Aurelian to, or near, the modern gate of St. Sebastian, (see Nolli's plan.) That memorable spot has been consecrated by the Egerian grove, the memory of Numa two umphal arches, the sepulchres of the Scipios, Metelli, etc. The expression of Procopius has an invidious cast,—tu>chn ejk tou~ ajsfalou~v thnhn karadokei~n (Goth. l. ii. c. 4.) Yet he is speaking of a woman. Anastasius (p. 40) has preserved this epithet of Sanguinarius which might do honor to a tiger. This transaction is related in the public history (Goth. l. ii. c. 8) with candor or caution; in the Anecdotes (c. 7) with malevolence or freedom; but Marcellinus, or rather his continuator, (in Chron.,) casts a shade of premeditated assassination over the death of Constantine. He had performed good service at Rome and Spoleto, (Procop. Goth l. i. c. 7, 14;) but Alemannus confounds him with a Constantianus comes stabuli. They refused to serve after his departure; sold their captives and cattle to the Goths; and swore never to fight against them. Procopius introduces a curious digression on the manners and adventures of this wandering nation, a part of whom finally emigrated to Thule or Scandinavia. (Goth. l. ii. c. 14, 15.) This national reproach of perfidy (Procop. Goth. l. ii. c. 25) offends the ear of La Mothe le Vayer, (tom. viii. p. 163 - 165,) who criticizes, as if he had not read, the Greek historian. Baronius applauds his treason, and justifies the Catholic bishops - qui ne sub heretico principe degant omnem lapidem movent - a useful caution. The more rational Muratori (Annali d'Italia, tom. v. p. 54) hints at the guilt of perjury, and blames at least the imprudence of Datius. St. Datius was more successful against devils than against Barbarians.

He travelled with a numerons retinue, and occupied at Corinth a large house. (Baronius, A.D. 538, No. 89, A.D. 539, No. 20.) Muria>dev tria>konta (Compare Procopius, Goth. l. ii. c. 7, 21.) Yet such population is incredible; and the second or third city of Italy need not repine if we only decimate the numbers of the present text Both Milan and Genoa revived in less than thirty years, (Paul Diacon de Gestis Langobard. l. ii. c. 38.) Note: Procopius says distinctly that Milan was the second city of the West. Which did Gibbon suppose could compete with it, Ravenna or Naples; the next page he calls it the second. - M. Besides Procopius, perhaps too Roman, see the Chronicles of Marius and Marcellinus, Jornandes, (in Success. Regn. in Muratori, tom. i. p. 241,) and Gregory of Tours, (l. iii. c. 32, in tom. ii. of the Historians of France.) Gregory supposes a defeat of Belisarius, who, in Aimoin, (de Gestis Franc. l. ii. c. 23, in tom. iii. p. 59,) is slain by the Franks. Agathias, l. i. p. 14, 15. Could he have seduced or subdued the Gepidae or Lombards of Pannonia, the Greek historian is confident that he must have been destroyed in Thrace. The king pointed his spear - the bull overturned a tree on his head - he expired the same day. Such is the story of Agathias; but the original historians of France (tom. ii. p. 202, 403, 558, 667) impute his death to a fever. Without losing myself in a labyrinth of species and names - the aurochs, urus, bisons, bubalus, bonasus, buffalo, etc., (Buffon. Hist.

Nat. tom. xi., and Supplement, tom. iii. vi.,) it is certain, that in the sixth century a large wild species of horned cattle was hunted in the great forests of the Vosges in Lorraine, and the Ardennes, (Greg.

Turon. tom. ii. l. x. c. 10, p. 369.) Auximum, p. 175. - M. In the siege of Auximum, he first labored to demolish an old aqueduct, and then cast into the stream,1. dead bodies; 2. mischievous herbs; and 3. quicklime. (says Procopius, l. ii. c. 27) ti>tanov by the ancients; by the moderns a]szestov . Yet both words are used as synonymous in Galen, Dioscorides, and Lucian, (Hen. Steph. Thesaur. Ling. Graec. tom. iii. p. 748.) The Goths suspected Mathasuintha as an accomplice in the mischief, which perhaps was occasioned by accidental lightning. In strict philosophy, a limitation of the rights of war seems to imply nonsense and contradiction. Grotius himself is lost in an idle distinction between the jus naturae and the jus gentium, between poison and infection. He balances in one scale the passages of Homer (Odyss. A 259, etc.) and Florus, (l. ii. c. 20, No. 7, ult.;) and in the other, the examples of Solon (Pausanias, l. x. c. 37) and Belisarius. See his great work De Jure Belli et Pacis, (l. iii. c. 4, s. 15, 16, 17, and in Barbeyrac's version, tom. ii. p. 257, etc.) Yet I can understand the benefit and validity of an agreement, tacit or express, mutually to abstain from certain modes of hostility. See the Amphictyonic oath in Aeschines, de falsa Legatione. Ravenna was taken, not in the year 540, but in the latter end of 539; and Pagi (tom. ii. p. 569) is rectified by Muratori. (Annali d'Italia, tom. v. p. 62,) who proves from an original act on papyrus, (Antiquit. Italiae Medii Aevi, tom. ii. dissert. xxxii. p. 999 - 1007,) Maffei, (Istoria Diplomat. p. 155 - 160,) that before the third of January, 540, peace and free correspondence were restored between Ravenna and Faenza. He was seized by John the Sanguinary, but an oath or sacrament was pledged for his safety in the Basilica Julii, (Hist. Miscell. l. xvii. in Muratori, tom. i. p. 107.) Anastasius (in Vit. Pont. p. 40) gives a dark but probable account. Montfaucon is quoted by Mascou (Hist. of the Germans, xii. 21) for a votive shield representing the captivity of Vitiges and now in the collection of Signor Landi at Rome. Vitiges lived two years at Constantinople, and imperatoris in affectu convictus (or conjunctus) rebus excessit humanis. His widow Mathasuenta, the wife and mother of the patricians, the elder and younger Germanus, united the streams of Anician and Amali blood, (Jornandes, c. 60, p. 221, in Muratori, tom. i.) Procopius, Goth. l. iii. c. 1. Aimoin, a French monk of the xith century, who had obtained, and has disfigured, some authentic information of Belisarius, mentions, in his name, 12,000, pueri or slaves - quos propriis alimus stipendiis - besides 18,000 soldiers, (Historians of France, tom. iii. De Gestis Franc. l. ii. c. 6, p. 48.) The diligence of Alemannus could add but little to the four first and most curious chapters of the Anecdotes. Of these strange Anecdotes, a part may be true, because probable - and a part true, because improbable. Procopius must have known the former, and the latter he could scarcely invent. Note: The malice of court scandal is proverbially inventive; and of such scandal the “Anecdota” may be an embellished record. - M. Procopius intimates (Anecdot. c. 4) that when Belisarius returned to Italy, (A.D. 543,) Antonina was sixty years of age. A forced, but more polite construction, which refers that date to the moment when he was writing, (A.D. 559,) would be compatible with the manhood of Photius, (Gothic. l. i. c. 10) in 536. Gompare the Vandalic War (l. i. c. 12) with the Anecdotes (c. i.) and Alemannus, (p. 2, 3.) This mode of baptismal adoption was revived by Leo the philosopher. In November, 537, Photius arrested the pope, (Liberat. Brev. c. 22.

Pagi, tom. ii. p. 562) About the end of 539, Belisarius sent Theodosius—tostwta — on an important and lucrative commission to Ravenna, (Goth. l. ii. c. 18.) Theophanes (Chronograph. p. 204) styles him Photinus, the son-in-law of Belisarius; and he is copied by the Historia Miscella and Anastasius. This and much of the private scandal in the “Anecdota” is liable to serious doubt. Who reported all these private conversations, and how did they reach the ears of Procopius? - M. This is a strange misrepresentation - he died of a dysentery; nor does it appear that it was immediately after this scene. Antonina proposed to raise him to the generalship of the army—ajlla> tiv proterh>sasa di>kh no>sw| aJlo>nta dusenteri>av ejx ajnqrw>pwn aujtozei .

Procop. Anecd. p. 14. The sudden change from the abstemious diet of a monk to the luxury of the court is a much more probable cause of his death. - M. The expression of Procopius does not appear to me to mean this kind of torture. Ibid. - M. The continuator of the Chronicle of Marcellinus gives, in a few decent words, the substance of the Anecdotes: Belisarius de Oriente evocatus, in offensam periculumque incurrens grave, et invidiae subeacens rursus remittitur in Italiam, (p. 54.)

CHAPTER - It will be a pleasure, not a task, to read Herodotus, (l. vii. c. 104, 134, p. 550, 615.) The conversation of Xerxes and Demaratus at Thermopylae is one of the most interesting and moral scenes in history.

It was the torture of the royal Spartan to behold, with anguish and remorse, the virtue of his country. See this proud inscription in Pliny, (Hist. Natur. vii. 27.) Few men have more exquisitely tasted of glory and disgrace; nor could Juvenal (Satir. x.) produce a more striking example of the vicissitudes of fortune, and the vanity of human wishes. Graikoutera oujde>na ejv jItali>an h[konta ei+don o[ti mh< tragw|doutav lwpodu>tav This last epithet of Procopius is too nobly translated by pirates; naval thieves is the proper word; strippers of garments, either for injury or insult, (Demosthenes contra Conon Reiske, Orator, Graec. tom. ii. p. 1264.) See the third and fourth books of the Gothic War: the writer of the Anecdotes cannot aggravate these abuses. Agathias, l. v. p. 157, 158. He confines this weakness of the emperor and the empire to the old age of Justinian; but alas! he was never young. This mischievous policy, which Procopius (Anecdot. c. 19) imputes to the emperor, is revealed in his epistle to a Scythian prince, who was capable of understanding it. ]Agan promhqh~ kai< ajgcinou>staton , says Agathias. Gens Germana feritate ferocior, says Velleius Paterculus of the Lombards, (ii. 106.) Langobardos paucitas nobilitat. Plurimis ac valentissimis nationibus cincti non per obsequium, sed praeliis et perilitando, tuti sunt, (Tacit. de Moribus German. c. 40.) See likewise Strabo, (l. viii. p. 446.) The best geographers place them beyond the Elbe, in the bishopric of Magdeburgh and the middle march of Brandenburgh; and their situation will agree with the patriotic remark of the count de Hertzberg, that most of the Barbarian conquerors issued from the same countries which still produce the armies of Prussia. See Malte Brun, vol. i. p 402. - M The Scandinavian origin of the Goths and Lombards, as stated by Paul Warnefrid, surnamed the deacon, is attacked by Cluverius, (Germania, Antiq. l. iii. c. 26, p. 102, etc.,) a native of Prussia, and defended by Grotius, (Prolegom. ad Hist. Goth. p. 28, etc.,) the Swedish Ambassador. Two facts in the narrative of Paul Diaconus (l. i. c. 20) are expressive of national manners: 1. Dum ad tabulam luderet - while he played at draughts. 2. Camporum viridantia lina. The cultivation of flax supposes property, commerce, agriculture, and manufactures I have used, without undertaking to reconcile, the facts in Procopius, (Goth. l. ii. c. 14, l. iii. c. 33, 34, l. iv. c. 18, 25,) Paul Diaconus, (de Gestis Langobard, l. i. c. 1 - 23, in Muratori, Script. Rerum Italicarum, tom. i. p. 405 - 419,) and Jornandes, (de Success. Regnorum, p. 242.)

The patient reader may draw some light from Mascou (Hist. of the Germans, and Annotat. xxiii.) and De Buat, (Hist. des Peuples, etc., tom. ix. x. xi.) I adopt the appellation of Bulgarians from Ennodius, (in Panegyr.

Theodorici, Opp. Sirmond, tom. i. p. 1598, 1599,) Jornandes, (de Rebus Geticis, c. 5, p. 194, et de Regn. Successione, p. 242,) Theophanes, (p. 185,) and the Chronicles of Cassiodorus and Marcellinus. The name of Huns is too vague; the tribes of the Cutturgurians and Utturgurians are too minute and too harsh.

According to Shafarik, the Danubian Bulgaria was peopled by a Slavo Bulgarian race. The Slavish population was conquered by the Bulgarian (of Uralian and Finnish descent,) and incorporated with them. This mingled race are the Bulgarians bordering on the Byzantine empire.

Shafarik, ii 152, et seq. - M. Procopius, (Goth. l. iv. c. 19.) His verbal message (he owns him self an illiterate Barbarian) is delivered as an epistle. The style is savage, figurative, and original. This sum is the result of a particular list, in a curious Ms. fragment of the year 550, found in the library of Milan. The obscure geography of the times provokes and exercises the patience of the count de Buat, (tom. xi. p. 69 - 189.) The French minister often loses himself in a wilderness which requires a Saxon and Polish guide. Panicum, milium. See Columella, l. ii. c. 9, p. 430, edit. Gesner. Plin.

Hist. Natur. xviii. 24, 25. The Samaritans made a pap of millet, mingled with mare's milk or blood. In the wealth of modern husbandry, our millet feeds poultry, and not heroes. See the dictionaries of Bomare and Miller. For the name and nation, the situation and manners, of the Sclavonians, see the original evidence of the vith century, in Procopius, (Goth. l. ii. c. 26, l. iii. c. 14,) and the emperor Mauritius or Maurice (Stratagemat. l. ii. c. 5, apud Mascon Annotat. xxxi.) The stratagems of Maurice have been printed only, as I understand, at the end of Scheffer's edition of Arrian's Tactics, at Upsal, 1664, (Fabric. Bibliot. Graec. l. iv. c. 8, tom. iii. p. 278,) a scarce, and hitherto, to me, an inaccessible book. Antes corum fortissimi .... Taysis qui rapidus et vorticosus in Histri fluenta furens devolvitur, (Jornandes, c. 5, p. 194, edit. Murator.

Procopius, Goth. l. iii. c. 14, et de Edific. l iv. c. 7.) Yet the same Procopius mentions the Goths and Huns as neighbors geitonou~nta to the Danube, (de Edific. l. v. c. 1.) The national title of Anticus, in the laws and inscriptions of Justinian, was adopted by his successors, and is justified by the pious Ludewig (in Vit. Justinian. p. 515.) It had strangely puzzled the civilians of the middle age. Procopius, Goth. l. iv. c. 25. An inroad of the Huns is connected, by Procopius, with a comet perhaps that of 531, (Persic. l. ii. c. 4.) Agathias (l. v. p. 154, 155) borrows from his predecessors some early facts. The cruelties of the Sclavonians are related or magnified by Procopius, (Goth. l. iii. c. 29, 38.) For their mild and liberal behavior to their prisoners, we may appeal to the authority, somewhat more recent of the emperor Maurice, (Stratagem. l. ii. c. 5.) Topirus was situate near Philippi in Thrace, or Macedonia, opposite to the Isle of Thasos, twelve days' journey from Constantinople (Cellarius, tom. i. p. 676, 846.) According to the malevolent testimony of the Anecdotes, (c. 18,) these inroads had reduced the provinces south of the Danube to the state of a Scythian wilderness. It must be remembered that the name of Turks is extended to a whole family of the Asiatic races, and not confined to the Assena, or Turks of the Altai. - M. Assena (the wolf) was the name of this chief. Klaproth, Tabl. Hist. de l'Asie p. 114. - M. From Caf to Caf; which a more rational geography would interpret, from Imaus, perhaps, to Mount Atlas. According to the religious philosophy of the Mahometans, the basis of Mount Caf is an emerald, whose reflection produces the azure of the sky. The mountain is endowed with a sensitive action in its roots or nerves; and their vibration, at the command of God, is the cause of earthquakes. (D'Herbelot, p. 230, 231.) Altai, i. e. Altun Tagh, the Golden Mountain. Von Hammer Osman Geschichte, vol. i. p. 2. - M. The Siberian iron is the best and most plentiful in the world; and in the southern parts, above sixty mines are now worked by the industry of the Russians, (Strahlenberg, Hist. of Siberia, p. 342, 387. Voyage en Siberie, par l'Abbe Chappe d'Auteroche, p. 603 - 608, edit in 12mo.

Amsterdam. 1770.) The Turks offered iron for sale; yet the Roman ambassadors, with strange obstinacy, persisted in believing that it was all a trick, and that their country produced none, (Menander in Excerpt.

Leg. p. 152.) Of Irgana-kon, (Abulghazi Khan, Hist. Genealogique des Tatars, P ii. c. 5, p. 71 - 77, c. 15, p. 155.) The tradition of the Moguls, of the years which they passed in the mountains, agrees with the Chinese periods of the history of the Huns and Turks, (De Guignes, tom. i. part ii. p. 376,) and the twenty generations, from their restoration to Zingis. The Mongol Temugin is also, though erroneously, explained by Rubruquis, a smith. Schmidt, p 876. - M. There appears the same confusion here. Bertezena (Berte-Scheno) is claimed as the founder of the Mongol race. The name means the gray (blauliche) wolf. In fact, the same tradition of the origin from a wolf seems common to the Mongols and the Turks. The Mongol Berte- Scheno, of the very curious Mongol History, published and translated by M. Schmidt of Petersburg, is brought from Thibet. M. Schmidt considers this tradition of the Thibetane descent of the royal race of the Mongols to be much earlier than their conversion to Lamaism, yet it seems very suspicious. See Klaproth, Tabl. de l'Asie, p. 159. The Turkish Bertezena is called Thou-men by Klaproth, p. 115. In 552, Thou-men took the title of Kha-Khan, and was called Il Khan. - M.

Great B*: ucharia is called Turkistan: see Hammer, 2. It includes all the last steppes at the foot of the Altai. The name is the same with that of the Turan of Persian poetic legend. - M. The country of the Turks, now of the Calmucks, is well described in the Genealogical History, p. 521 - 562. The curious notes of the French translator are enlarged and digested in the second volume of the English version. Visdelou, p. 141, 151. The fact, though it strictly belongs to a subordinate and successive tribe, may be introduced here. Procopius, Persic. l. i. c. 12, l. ii. c. 3. Peyssonel, Observations sur les Peuples Barbares, p. 99, 100, defines the distance between Caffa and the old Bosphorus at xvi. long Tartar leagues. See, in a Memoire of M. de Boze, (Mem. de l'Academie des Inscriptions, tom. vi. p. 549 - 565,) the ancient kings and medals of the Cimmerian Bosphorus; and the gratitude of Athens, in the Oration of Demosthenes against Leptines, (in Reiske, Orator. Graec. tom. i. p. 466, 187.) For the origin and revolutions of the first Turkish empire, the Chinese details are borrowed from De Guignes (Hist. des Huns, tom. P. ii. p. 367 - 462) and Visdelou, (Supplement a la Bibliotheque Orient. d'Herbelot, p. 82 - 114.) The Greek or Roman hints are gathered in Menander (p. 108 - 164) and Theophylact Simocatta, (l. vii. c. 7, 8.) The Ogors or Varchonites, from Var. a river, (obviously connected with the name Avar,) must not be confounded with the Uigours, the eastern Turks, (v. Hammer, Osmanische Geschichte, vol. i. p. 3,) who speak a language the parent of the more modern Turkish dialects.

Compare Klaproth, page 121. They are the ancestors of the Usbeck Turks. These Ogors were of the same Finnish race with the Huns; and the 20,000 families which fled towards the west, after the Turkish invasion, were of the same race with those which remained to the east of the Volga, the true Avars of Theophy fact. - M. The River Til, or Tula, according to the geography of De Guignes, (tom. i. part ii. p. lviii. and 352,) is a small, though grateful, stream of the desert, that falls into the Orhon, Selinga, etc. See Bell, Journey from Petersburg to Pekin, (vol. ii. p. 124;) yet his own description of the Keat, down which he sailed into the Oby, represents the name and attributes of the black river, (p. 139.) M. Abel Remusat (Recherchea sur les Langues Tartares, vol. i. p. 320) and M. St. Martin (vol. ix. p. 373 consider it the Volga, which is called Atel or Etel by all the Turkish tribes. It is called Attilas by Menander, and Ettilia by the monk Ruysbreek (1253.) See Klaproth, Tabl. Hist. p. 247. This geography is much more clear and simple than that adopted by Gibbon from De Guignes, or suggested from Bell. - M. Theophylact, l. vii. c. 7, 8. And yet his true Avars are invisible even to the eyes of M. de Guignes; and what can be more illustrious than the false? The right of the fugitive Ogors to that national appellation is confessed by the Turks themselves, (Menander, p. 108.) The Alani are still found in the Genealogical History of the Tartars, (p. 617,) and in D'Anville's maps. They opposed the march of the generals of Zingis round the Caspian Sea, and were overthrown in a great battle, (Hist. de Gengiscan, l. iv. c. 9, p. 447.) The embassies and first conquests of the Avars may be read in Menander, (Excerpt. Legat. p. 99, 100, 101, 154, 155,) Theophanes, (p. 196,) the Historia Miscella, (l. xvi. p. 109,) and Gregory of Tours, (L iv. c. 23, 29, in the Historians of France, tom. ii. p. 214, 217.) Theophanes, (Chron. p. 204,) and the Hist. Miscella, (l. xvi. p. 110,) as understood by De Guignes, tom. i. part ii. p. 354,) appear to speak of a Turkish embassy to Justinian himself; but that of Maniach, in the fourth year of his successor Justin, is positively the first that reached Constantinople, (Menander p. 108.) The Russians have found characters, rude hieroglyphics, on the Irtish and Yenisei, on medals, tombs, idols, rocks, obelisks, etc., (Strahlenberg, Hist. of Siberia, p. 324, 346, 406, 429.) Dr. Hyde (de Religione Veterum Persarum, p. 521, etc.) has given two alphabets of Thibet and of the Eygours. I have long harbored a suspicion, that all the Scythian, and some, perhaps much, of the Indian science, was derived from the Greeks of Bactriana. Modern discoveries give no confirmation to this suspicion. The character of Indian science, as well as of their literature and mythology, indicates an original source.

Grecian art may have occasionally found its way into India. One or two of the sculptures in Col. Tod's account of the Jain temples, if correct, show a finer outline, and purer sense of beauty, than appears native to India, where the monstrous always predominated over simple nature. - M. This rite is so curious, that I have subjoined the description of it: - Then, kindling a fire with branches of frankincense, lowly murmuring certain barbarous words in the Scythian language, beating on a kind of bell (a gong) and a drum, they passed over the baggage the leaves of the frankincense, crackling with the fire, and at the same time themselves becoming frantic, and violently leaping about, seemed to exorcise the evil spirits. Having thus as they thought, averted all evil, they led Zemarchus himself through the fire. Menander, in Niebuhr's Bryant. Hist. p. 381. Compare Carpini's Travels. The princes of the race of Zingis Khan condescended to receive the ambassadors of the king of France, at the end of the 13th century without their submitting to this humiliating rite. See Correspondence published by Abel Remusat, Nouv. Mem. de l'Acad des Inscrip. vol. vii. On the embassy of Zemarchus, compare Klaproth, Tableaux de l'Asie p. 116. - M. All the details of these Turkish and Roman embassies, so curious in the history of human manners, are drawn from the extracts of Menander, (p. 106 - 110, 151 - 154, 161 - 164,) in which we often regret the want of order and connection. See D'Herbelot, (Bibliot. Orient. p. 568, 929;) Hyde, (de Religione Vet. Persarum, c. 21, p. 290, 291;) Pocock, (Specimen Hist. Arab. p. 70, 71;) Eutychius, (Annal. tom. ii. p. 176;) Texeira, (in Stevens, Hist. of Persia, l. i. c. 34.) Mazdak was an Archimagus, born, according to Mirkhond, (translated by De Sacy, p. 353, and Malcolm, vol. i. p. 104,) at Istakhar or Persepolis, according to an inedited and anonymous history, (the Modjmal- alte-warikh in the Royal Library at Paris, quoted by St. Martin, vol. vii. p. 322) at Wischapour in Chorasan: his father's name was Bamdadam. He announces himself as a reformer of Zoroastrianism, and carried the doctrine of the two principles to a much grater height. He preached the absolute indifference of human action, perfect equality of rank, community of property and of women, marriages between the nearest kindred; he interdicted the use of animal food, proscribed the killing of animals for food, enforced a vegetable diet. See St. Martin, vol. vii. p. 322. Malcolm, vol. i. p. 104. Mirkhond translated by De Sacy. It is remarkable that the doctrine of Mazdak spread into the West. Two inscriptions found in Cyrene, in 1823, and explained by M. Gesenius, and by M. Hamaker of Leyden, prove clearly that his doctrines had been eagerly embraced by the remains of the ancient Gnostics; and Mazdak was enrolled with Thoth, Saturn, Zoroaster, Pythagoras, Epicurus, John, and Christ, as the teachers of true Gnostic wisdom. See St. Martin, vol. vii. p. 338. Gesenius de Inscriptione Phoenicio-Graeca in Cyrenaica nuper reperta, Halle, 1825.

Hamaker, Lettre a M. Raoul Rochette, Leyden, 1825. - M. The fame of the new law for the community of women was soon propagated in Syria (Asseman. Bibliot. Orient. tom. iii. p. 402) and Greece, (Procop. Persic. l. i. c. 5.) He offered his own wife and sister to the prophet; but the prayers of Nushirvan saved his mother, and the indignant monarch never forgave the humiliation to which his filial piety had stooped: pedes tuos deosculatus (said he to Mazdak,) cujus foetor adhuc nares occupat, (Pocock, Specimen Hist. Arab. p. 71.) St. Martin questions this adoption: he urges its improbability; and supposes that Procopius, perverting some popular traditions, or the remembrance of some fruitless negotiations which took place at that time, has mistaken, for a treaty of adoption some treaty of guaranty or protection for the purpose of insuring the crown, after the death of Kobad, to his favorite son Chosroes, vol. viii. p. 32. Yet the Greek historians seem unanimous as to the proposal: the Persians might be expected to maintain silence on such a subject. - M. Procopius, Persic. l. i. c. 11. Was not Proclus over-wise? Was not the danger imaginary? - The excuse, at least, was injurious to a nation not ignorant of letters: ouj gra>mmasin oiJ ba>rzaroi touadoption was practised in Persia, I much doubt. From Procopius and Agathias, Pagi (tom. ii. p. 543, 626) has proved that Chosroes Nushirvan ascended the throne in the fifth year of Justinian, (A.D. 531, April 1. - A.D. 532, April 1.) But the true chronology, which harmonizes with the Greeks and Orientals, is ascertained by John Malala, (tom. ii. 211.) Cabades, or Kobad, after a reign of forty-three years and two months, sickened the 8th, and died the 13th of September, A.D. 531, aged eighty-two years. According to the annals of Eutychius, Nushirvan reigned forty seven years and six months; and his death must consequently be placed in March, A.D. 579. Procopius, Persic. l. i. c. 23. Brisson, de Regn. Pers. p. 494. The gate of the palace of Ispahan is, or was, the fatal scene of disgrace or death, (Chardin, Voyage en Perse, tom. iv. p. 312, 313.) This is a strange term. Nushirvan employed a stratagem similar to that of Jehu,2 Kings, x. 18 - 28, to separate the followers of Mazdak from the rest of his subjects, and with a body of his troops cut them all in pieces. The Greek writers concur with the Persian in this representation of Nushirvan's temperate conduct. Theophanes, p. 146. Mirkhond. p. 362. Eutychius, Ann. vol. ii. p. 179. Abulfeda, in an unedited part, consulted by St. Martin as well as in a passage formerly cited. Le Beau vol. viii. p. 38. Malcolm vol l p. 109. - M. In Persia, the prince of the waters is an officer of state. The number of wells and subterraneous channels is much diminished, and with it the fertility of the soil: 400 wells have been recently lost near Tauris, and 42,000 were once reckoned in the province of Khorasan (Chardin, tom. iii. p. 99, 100. Tavernier, tom. i. p. 416.) The character and government of Nushirvan is represented some times in the words of D'Herbelot, (Bibliot. Orient. p. 680, etc., from Khondemir,) Eutychius, (Annal. tom. ii. p. 179, 180, - very rich,) Abulpharagius, (Dynast. vii. p. 94, 95, - very poor,) Tarikh Schikard, (p. 144 - 150,) Texeira, (in Stevens, l. i. c. 35,) Asseman, (Bibliot Orient. tom. iii. p. 404 - 410,) and the Abbe Fourmont, (Hist. de l'Acad. des Inscriptions, tom. vii. p. 325 - 334,) who has translated a spurious or genuine testament of Nushirvan. A thousand years before his birth, the judges of Persia had given a solemn opinion,—tw~| basileu>onti Perse>wn ejxei~nai poie>ein to< a\n bou>lhtai (Herodot. l. iii. c. 31, p. 210, edit. Wesseling.) Nor had this constitutional maxim been neglected as a useless and barren theory. On the literary state of Persia, the Greek versions, philosophers, sophists, the learning or ignorance of Chosroes, Agathias (l. ii. c. 66 - 71) displays much information and strong prejudices. Asseman. Bibliot. Orient. tom. iv. p. DCCXLV. vi. vii. The Shah Nameh, or Book of Kings, is perhaps the original record of history which was translated into Greek by the interpreter Sergius, (Agathias, l. v. p. 141,) preserved after the Mahometan conquest, and versified in the year 994, by the national poet Ferdoussi. See D'Anquetil (Mem. de l'Academie, tom. xxxi. p. 379) and Sir William Jones, (Hist. of Nadir Shah, p. 161.) In the fifth century, the name of Restom, or Rostam, a hero who equalled the strength of twelve elephants, was familiar to the Armenians, (Moses Chorenensis, Hist. Armen. l. ii. c. 7, p. 96, edit.

Whiston.) In the beginning of the seventh, the Persian Romance of Rostam and Isfendiar was applauded at Mecca, (Sale's Koran, c. xxxi. p. 335.) Yet this exposition of ludicrum novae historiae is not given by Maracci, (Refutat. Alcoran. p. 544 - 548.) Procop. (Goth. l. iv. c. 10.) Kobad had a favorite Greek physician, Stephen of Edessa, (Persic. l. ii. c. 26.) The practice was ancient; and Herodotus relates the adventures of Democedes of Crotona, (l. iii p. 125 - 137. See Pagi, tom. ii. p. 626. In one of the treaties an honorable article was inserted for the toleration and burial of the Catholics, (Menander, in Excerpt. Legat. p. 142.) Nushizad, a son of Nushirvan, was a Christian, a rebel, and - a martyr? (D'Herbelot, p. 681.) On the Persian language, and its three dialects, consult D'Anquetil (p. 339 - 343) and Jones (p. 153 - 185): ajgri>a| tini< glw>tth| kai< ajmousota>th| is the character which Agathias (l. ii. p. 66) ascribes to an idiom renowned in the East for poetical softness. Agathias specifies the Gorgias, Phaedon, Parmenides, and Timaeus.

Renaudot (Fabricius, Bibliot. Graec. tom. xii. p. 246 - 261) does not mention this Barbaric version of Aristotle. Of these fables, I have seen three copies in three different languages: 1.

In Greek, translated by Simeon Seth (A.D. 1100) from the Arabic, and published by Starck at Berlin in 1697, in 12mo. 2. In Latin, a version from the Greek Sapientia Indorum, inserted by Pere Poussin at the end of his edition of Pachymer, (p. 547 - 620, edit. Roman.) 3. In French, from the Turkish, dedicated, in 1540, to Sultan Soliman Contes et Fables Indiennes de Bidpai et de Lokman, par Mm. Galland et Cardonne, Paris, 1778, 3 vols. in 12mo. Mr. Warton (History of English Poetry, vol. i. p. 129 - 131) takes a larger scope. The oldest Indian collection extant is the Pancha-tantra, (the five collections,) analyzed by Mr. Wilson in the Transactions of the Royal Asiat. Soc. It was translated into Persian by Barsuyah, the physician of Nushirvan, under the name of the Fables of Bidpai, (Vidyapriya, the Friend of Knowledge, or, as the Oriental writers understand it, the Friend of Medicine.) It was translated into Arabic by Abdolla Ibn Mokaffa, under the name of Kalila and Dimnah. From the Arabic it passed into the European languages. Compare Wilson, in Trans. As. Soc. i. 52. dohlen, das alte Indien, ii. p. 386. Silvestre de Sacy, Memoire sur Kalila vs Dimnah. - M. See the Historia Shahiludii of Dr. Hyde, (Syntagm. Dissertat. tom. ii. p. 61 - 69.) The endless peace (Procopius, Persic. l. i. c. 21) was concluded or ratified in the vith year, and iiid consulship, of Justinian, (A.D. 533, between January 1 and April 1. Pagi, tom. ii. p. 550.) Marcellinus, in his Chronicle, uses the style of Medes and Persians. Procopius, Persic. l. i. c. 26. Almondar, king of Hira, was deposed by Kobad, and restored by Nushirvan. His mother, from her beauty, was surnamed Celestial Water, an appellation which became hereditary, and was extended for a more noble cause (liberality in famine) to the Arab princes of Syria, (Pocock, Specimen Hist. Arab. p. 69, 70.) Procopius, Persic. l. ii. c. 1. We are ignorant of the origin and object of this strata, a paved road of ten days' journey from Auranitis to Babylonia. (See a Latin note in Delisle's Map Imp. Orient.) Wesseling and D'Anville are silent. I have blended, in a short speech, the two orations of the Arsacides of Armenia and the Gothic ambassadors. Procopius, in his public history, feels, and makes us feel, that Justinian was the true author of the war, (Persic. l. ii. c. 2, 3.) The invasion of Syria, the ruin of Antioch, etc., are related in a full and regular series by Procopius, (Persic. l. ii. c. 5 - 14.) Small collateral aid can be drawn from the Orientals: yet not they, but D'Herbelot himself, (p. 680,) should blush when he blames them for making Justinian and Nushirvan contemporaries. On the geography of the seat of war, D'Anville (l'Euphrate et le Tigre) is sufficient and satisfactory. It is Sura in Procopius. Is it a misprint in Gibbon? - M. Joannes Lydus attributes the easy capture of Antioch to the want of fortifications which had not been restored since the earthquake, l. iii. c. 54. p. 246. - M. Lydus asserts that he carried away all the statues, pictures, and marbles which adorned the city, l. iii. c. 54, p. 246. - M. In the public history of Procopius, (Persic. l. ii. c. 16, 18, 19, 20, 21, 24, 25, 26, 27, 28;) and, with some slight exceptions, we may reasonably shut our ears against the malevolent whisper of the Anecdotes, (c. 2, 3, with the Notes, as usual, of Alemannus.) The Lazic war, the contest of Rome and Persia on the Phasis, is tediously spun through many a page of Procopius (Persic. l. ii. c. 15, 17, 28, 29, 30.) Gothic. l. iv. c. 7 - 16) and Agathias, (l. ii. iii. and iv. p. 55 - 132, 141.) The Periplus, or circumnavigation of the Euxine Sea, was described in Latin by Sallust, and in Greek by Arrian: I. The former work, which no longer exists, has been restored by the singular diligence of M. de Brosses, first president of the parliament of Dijon, (Hist. de la Republique Romaine, tom. ii. l. iii. p. 199 - 298,) who ventures to assume the character of the Roman historian. His description of the Euxine is ingeniously formed of all the fragments of the original, and of all the Greeks and Latins whom Sallust might copy, or by whom he might be copied; and the merit of the execution atones for the whimsical design. 2. The Periplus of Arrian is addressed to the emperor Hadrian, (in Geograph. Minor. Hudson, tom. i.,) and contains whatever the governor of Pontus had seen from Trebizond to Dioscurias; whatever he had heard from Dioscurias to the Danube; and whatever he knew from the Danube to Trebizond. Besides the many occasional hints from the poets, historians etc., of antiquity, we may consult the geographical descriptions of Colchos, by Strabo (l. xi. p. 760 - 765) and Pliny, (Hist. Natur. vi. 5, 19, etc.) I shall quote, and have used, three modern descriptions of Mingrelia and the adjacent countries. 1. Of the Pere Archangeli Lamberti, (Relations de Thevenot, part i. p. 31 - 52, with a map,) who has all the knowledge and prejudices of a missionary. 2. Of Chardia, (Voyages en Perse, tom. i. p. 54, 68 - 168.) His observations are judicious and his own adventures in the country are still more instructive than his observations. 3. Of Peyssonel, (Observations sur les Peuples Barbares, p. 49, 50, 51, 58 62, 64, 65, 71, etc., and a more recent treatise, Sur le Commerce de la Mer Noire, tom. ii. p. 1 - 53.) He had long resided at Caffa, as consul of France; and his erudition is less valuable than his experience. Pliny, Hist. Natur. l. xxxiii. 15. The gold and silver mines of Colchos attracted the Argonauts, (Strab. l. i. p. 77.) The sagacious Chardin could find no gold in mines, rivers, or elsewhere. Yet a Mingrelian lost his hand and foot for showing some specimens at Constantinople of native gold Herodot. l. ii. c. 104, 105, p. 150, 151. Diodor. Sicul. l. i. p. 33, edit.

Wesseling. Dionys. Perieget. 689, and Eustath. ad loc. Schohast ad Apollonium Argonaut. l. iv. 282 - 291. Montesquieu, Esprit des Loix, l. xxi. c. 6. L'Isthme ... couvero de villes et nations qui ne sont plus. Bougainville, Memoires de l'Academie des Inscriptions, tom. xxvi. p. 33, on the African voyage of Hanno and the commerce of antiquity. A Greek historian, Timosthenes, had affirmed, in eam ccc. nationes dissimilibus linguis descendere; and the modest Pliny is content to add, et postea a nostris cxxx. interpretibus negotia ibi gesta, (vi. 5) But the words nunc deserta cover a multitude of past fictions. Buffon (Hist. Nat. tom. iii. p. 433 - 437) collects the unanimous suffrage of naturalists and travellers. If, in the time of Herodotus, they were in truth mela>gcreov and oujlo>tricev , (and he had observed them with care,) this precious fact is an example of the influence of climate on a foreign colony. The Mingrelian ambassador arrived at Constantinople with two hundred persons; but he ate (sold) them day by day, till his retinue was diminished to a secretary and two valets, (Tavernier, tom. i. p. 365.) To purchase his mistress, a Mingrelian gentleman sold twelve priests and his wife to the Turks, (Chardin, tom. i. p. 66.) Strabo, l. xi. p. 765. Lamberti, Relation de la Mingrelie. Yet we must avoid the contrary extreme of Chardin, who allows no more than 20,000 inhabitants to supply an annual exportation of 12,000 slaves; an absurdity unworthy of that judicious traveller. Herodot. l. iii. c. 97. See, in l. vii. c. 79, their arms and service in the expedition of Xerxes against Greece. Xenophon, who had encountered the Colchians in his retreat, (Anabasis, l. iv. p. 320, 343, 348, edit. Hutchinson; and Foster's Dissertation, p. liii. - lviii., in Spelman's English version, vol. ii.,) styles them aujto>nomoi . Before the conquest of Mithridates, they are named by Appian, e]qnov ajreimanebest edition, by John Schweighaeuser. Lipsae, 8 vols. largo octavo.) The conquest of Colchos by Mithridates and Pompey is marked by Appian (de Bell. Mithridat.) and Plutarch, (in Vit. Pomp.) We may trace the rise and fall of the family of Polemo, in Strabo, (l. xi. p. 755, l. xii. p. 867,) Dion Cassius, or Xiphilin, (p. 588, 593, 601, 719, 754, 915, 946, edit. Reimar,) Suetonius, (in Neron. c. 18, in Vespasian, c. 8,) Eutropius, (vii. 14,) Josephus, (Antiq. Judaic. l. xx. c. 7, p. 970, edit. Havercamp,) and Eusebius, (Chron. with Scaliger, Animadvers. p. 196.) In the time of Procopius, there were no Roman forts on the Phasis.

Pityus and Sebastopolis were evacuated on the rumor of the Persians, (Goth. l. iv. c. 4;) but the latter was afterwards restored by Justinian, (de Edif. l. iv. c. 7.) In the time of Pliny, Arrian, and Ptolemy, the Lazi were a particular tribe on the northern skirts of Colchos, (Cellarius, Geograph. Antiq. tom. ii. p. 222.) In the age of Justinian, they spread, or at least reigned, over the whole country. At present, they have migrated along the coast towards Trebizond, and compose a rude sea-faring people, with a peculiar language, (Chardin, p. 149. Peyssonel p. 64.) John Malala, Chron. tom. ii. p. 134 - 137 Theophanes, p. 144. Hist.

Miscell. l. xv. p. 103. The fact is authentic, but the date seems too recent. In speaking of their Persian alliance, the Lazi contemporaries of Justinian employ the most obsolete words, —ejn gra>mmasi mnhmei~a, pro>gonoi, etc. Could they belong to a connection which had not been dissolved above twenty years? The sole vestige of Petra subsists in the writings of Procopius and Agathias. Most of the towns and castles of Lazica may be found by comparing their names and position with the map of Mingrelia, in Lamberti. See the amusing letters of Pietro della Valle, the Roman traveler, (Viaggi, tom. ii. 207, 209, 213, 215, 266, 286, 300, tom. iii. p. 54, 127.) In the years 1618, 1619, and 1620, he conversed with Shah Abbas, and strongly encouraged a design which might have united Persia and Europe against their common enemy the Turk. See Herodotus, (l. i. c. 140, p. 69,) who speaks with diffidence, Larcher, (tom. i. p. 399 - 401, Notes sur Herodote,) Procopius, (Persic. l. i. c. 11,) and Agathias, (l. ii. p. 61, 62.) This practice, agreeable to the Zendavesta, (Hyde, de Relig. Pers. c. 34, p. 414 - 421,) demonstrates that the burial of the Persian kings, (Xenophon, Cyropaed. l. viii. p. 658), ti> gaton makari>wteron tou~ th~| gh~| micqh~nai is a Greek fiction, and that their tombs could be no more than cenotaphs. These seem the same people called Suanians, p. 328. - M. The punishment of flaying alive could not be introduced into Persia by Sapor, (Brisson, de Regn. Pers. l. ii. p. 578,) nor could it be copied from the foolish tale of Marsyas, the Phrygian piper, most foolishly quoted as a precedent by Agathias, (l. iv. p. 132, 133.) According to Agathias, the death of Gubazos preceded the defeat of Nacoragan. The trial took place after the battle. - M. In the palace of Constantinople there were thirty silentiaries, who were styled hastati, ante fores cubiculi, th~v [ajmfi to ] sigh~v ejpista>tai an honorable title which conferred the rank, without imposing the duties, of a senator, (Cod. Theodos. l. vi. tit. 23.

Gothofred. Comment. tom. ii. p. 129.) On these judicial orations, Agathias (l. iii. p. 81 - 89, l. iv. p. 108 - 119) lavishes eighteen or twenty pages of false and florid rhetoric. His ignorance or carelessness overlooks the strongest argument against the king of Lazica - his former revolt. The Orations in the third book of Agathias are not judicial, nor delivered before the Roman tribunal: it is a deliberative debate among the Colchians on the expediency of adhering to the Roman, or embracing the Persian alliance. - M. Procopius represents the practice of the Gothic court of Ravenna (Goth. l. i. c. 7;) and foreign ambassadors have been treated with the same jealousy and rigor in Turkey, (Busbequius, epist. iii. p. 149, 242, etc.,) Russia, (Voyage D'Olearius,) and China, (Narrative of A. de Lange, in Bell's Travels, vol. ii. p. 189 - 311.) The negotiations and treaties between Justinian and Chosroes are copiously explained by Procopius, (Persie, l. ii. c. 10, 13, 26, 27, 28.

Gothic. l. ii. c. 11, 15,) Agathias, (l. iv. p. 141, 142,) and Menander, (in Excerpt. Legat. p. 132 - 147.) Consult Barbeyrac, Hist. des Anciens Traites, tom. ii. p. 154, 181 - 184, 193 - 200. D'Herbelot, Bibliot. Orient. p. 680, 681, 294, 295. See Buffon, Hist. Naturelle, tom. iii. p. 449. This Arab cast of features and complexion, which has continued 3400 years (Ludolpb. Hist. et Comment. Aethiopic. l. i. c. 4) in the colony of Abyssinia, will justify the suspicion, that race, as well as climate, must have contributed to form the negroes of the adjacent and similar regions. Mr. Salt (Travels, vol. ii. p. 458) considers them to be distinct from the Arabs - “in feature, color, habit, and manners.” - M. The Portuguese missionaries, Alvarez, (Ramusio, tom. i. fol. 204, rect. 274, vers.) Bermudez, (Purchas's Pilgrims, vol. ii. l. v. c. 7, p. 1149 - 1188,) Lobo, (Relation, etc., par M. le Grand, with xv. Dissertations, Paris, 1728,) and Tellez (Relations de Thevenot, part iv.) could only relate of modern Abyssinia what they had seen or invented. The erudition of Ludolphus, (Hist. Aethiopica, Francofurt, 1681.

Commentarius, 1691. Appendix, 1694,) in twenty-five languages, could add little concerning its ancient history. Yet the fame of Caled, or Ellisthaeus, the conqueror of Yemen, is celebrated in national songs and legends. The negotiations of Justinian with the Axumites, or Aethiopians, are recorded by Procopius (Persic. l. i. c. 19, 20) and John Malala, tom. ii. p. 163 - 165, 193 - 196.) The historian of Antioch quotes the original narrative of the ambassador Nonnosus, of which Photius (Bibliot. Cod. iii.) has preserved a curious extract. The trade of the Axumites to the coast of India and Africa, and the Isle of Ceylon, is curiously represented by Cosmas Indicopleustes, (Topograph. Christian. l. ii. p. 132, 138, 139, 140, l. xi. p. 338, 339.) It appears by the important inscription discovered by Mr. Salt at Axoum, and from a law of Constantius, (16th Jan. 356, inserted in the Theodosian Code, l. 12, c. 12,) that in the middle of the fourth century of our era the princes of the Axumites joined to their titles that of king of the Homerites. The conquests which they made over the Arabs in the sixth century were only a restoration of the ancient order of things. St.

Martin vol. viii. p. 46 - M. Ludolph. Hist. et Comment. Aethiop. l. ii. c. 3. The city of Negra, or Nag'ran, in Yemen, is surrounded with palmtrees, and stands in the high road between Saana, the capital, and Mecca; from the former ten, from the latter twenty days' journey of a caravan of camels, (Abulfeda, Descript. Arabiae, p. 52.) The martyrdom of St. Arethas, prince of Negra, and his three hundred and forty companions, is embellished in the legends of Metaphrastes and Nicephorus Callistus, copied by Baronius, (A. D 522, No. 22 - 66, A.D. 523, No. 16 - 29,) and refuted with obscure diligence, by Basnage, (Hist. des Juifs, tom. viii. l. xii. c. ii. p. 333 - 348,) who investigates the state of the Jews in Arabia and Aethiopia. According to Johannsen, (Hist. Yemanae, Praef. p. 89,) Dunaan (Ds Nowas) massacred 20,000 Christians, and threw them into a pit, where they were burned. They are called in the Koran the companions of the pit (socii foveae.) - M. Alvarez (in Ramusio, tom. i. fol. 219, vers. 221, vers.) saw the flourishing state of Axume in the year 1520 - luogomolto buono e grande. It was ruined in the same century by the Turkish invasion. No more than 100 houses remain; but the memory of its past greatness is preserved by the regal coronation, (Ludolph. Hist. et Comment. l. ii. c. 11.) Lord Valentia's and Mr. Salt's Travels give a high notion of the ruins of Axum. - M. The Negus is differently called Elesbaan, Elesboas, Elisthaeus, probably the same name, or rather appellation. See St. Martin, vol. viii. p. 49. - M. According to the Arabian authorities, (Johannsen, Hist. Yemanae, p. 94, Bonn, 1828,) Abrahah was an Abyssinian, the rival of Ariathus, the brother of the Abyssinian king: he surprised and slew Ariathus, and by his craft appeased the resentment of Nadjash, the Abyssinian king.

Abrahah was a Christian; he built a magnificent church at Sana, and dissuaded his subjects from their accustomed pilgrimages to Mecca.

The church was defiled, it was supposed, by the Koreishites, and Abrahah took up arms to revenge himself on the temple at Mecca. He was repelled by miracle: his elephant would not advance, but knelt down before the sacred place; Abrahah fled, discomfited and mortally wounded, to Sana - M. The revolutions of Yemen in the sixth century must be collected from Procopius, (Persic. l. i. c. 19, 20,) Theophanes Byzant., (apud Phot. cod. lxiii. p. 80,) St. Theophanes, (in Chronograph. p. 144, 145, 188, 189, 206, 207, who is full of strange blunders,) Pocock, (Specimen Hist. Arab. p. 62, 65,) D'Herbelot, (Bibliot. Orientale, p. 12, 477,) and Sale's Preliminary Discourse and Koran, (c. 105.) The revolt of Abrahah is mentioned by Procopius; and his fall, though clouded with miracles, is an historical fact. Note: To the authors who have illustrated the obscure history of the Jewish and Abyssinian kingdoms in Homeritis may be added Schultens, Hist. Joctanidarum; Walch, Historia rerum in Homerite gestarum, in the 4th vol. of the Gottingen Transactions; Salt's Travels, vol. ii. p. 446, etc.: Sylvestre de Sacy, vol. i. Acad. des Inscrip. Jost, Geschichte der Israeliter; Johannsen, Hist.

Yemanae; St. Martin's notes to Le Beau, t. vii p. 42. - M. A period of sixty-seven years is assigned by most of the Arabian authorities to the Abyssinian kingdoms in Homeritis. - M.

CHAPTER - For the troubles of Africa, I neither have nor desire another guide than Procopius, whose eye contemplated the image, and whose ear collected the reports, of the memorable events of his own times. In the second book of the Vandalic war he relates the revolt of Stoza, (c. 14 - 24,) the return of Belisarius, (c. 15,) the victory of Germanus, (c. 16, 17, 18,) the second administration of Solomon, (c. 19, 20, 21,) the government of Sergius, (c. 22, 23,) of Areobindus, (c. 24,) the tyranny and death of Gontharis, (c. 25, 26, 27, 28;) nor can I discern any symptoms of flattery or malevolence in his various portraits. Corippus gives a different account of the death of Stoza; he was transfixed by an arrow from the hand of John, (not the hero of his poem) who broke desperately through the victorious troops of the enemy. Stoza repented, says the poet, of his treasonous rebellion, and anticipated - another Cataline - eternal torments as his punishment. All the other authorities confirm Gibbon's account of the death of John by the hand of Stoza. This poem of Corippus, unknown to Gibbon, was first published by Mazzuchelli during the present century, and is reprinted in the new edition of the Byzantine writers. - M This murder was prompted to the Armenian (according to Corippus) by Athanasius, (then praefect of Africa.) Hunc placidus cana gravitate coegit Inumitera mactare virum. - Corripus, vol. iv. p. 237 - M. Yet I must not refuse him the merit of painting, in lively colors, the murder of Gontharis. One of the assassins uttered a sentiment not unworthy of a Roman patriot: “If I fail,” said Artasires, “in the first stroke, kill me on the spot, lest the rack should extort a discovery of my accomplices.” The Moorish wars are occasionally introduced into the narrative of Procopius, (Vandal. l. ii. c. 19 - 23, 25, 27, 28. Gothic. l. iv. c. 17;) and Theophanes adds some prosperous and adverse events in the last years of Justinian. Now Tibesh, in the kingdom of Algiers. It is watered by a river, the Sujerass, which falls into the Mejerda, (Bagradas.) Tibesh is still remarkable for its walls of large stones, (like the Coliseum of Rome,) a fountain, and a grove of walnut-trees: the country is fruitful, and the neighboring Bereberes are warlike. It appears from an inscription, that, under the reign of Adrian, the road from Carthage to Tebeste was constructed by the third legion, (Marmol, Description de l'Afrique, tom. ii. p. 442, 443. Shaw's Travels, p. 64, 65, 66.) Corripus (Johannidos lib. iii. 417 - 441) describes the defeat and death of Solomon. - M. Procopius, Anecdot. c. 18. The series of the African history at tests this melancholy truth. In the second (c. 30) and third books, (c. 1 - 40,) Procopius continues the history of the Gothic war from the fifth to the fifteenth year of Justinian. As the events are less interesting than in the former period, he allots only half the space to double the time. Jornandes, and the Chronicle of Marcellinus, afford some collateral hints Sigonius, Pagi, Muratori, Mascou, and De Buat, are useful, and have been used. His real name, as appears by medals, was Baduilla, or Badiula. Totila signifies immortal: tod (in German) is death. Todilas, deathless.

Compare St Martin, vol. ix. p. 37. - M. This is not quite correct: he had crossed the Po before the battle of Faenza. - M. Sylverius, bishop of Rome, was first transported to Patara, in Lycia, and at length starved (sub eorum custodia inedia confectus) in the Isle of Palmaria, A.D. 538, June 20, (Liberat. in Breviar. c. 22. Anastasius, in Sylverio. Baronius, A.D. 540, No. 2, 3. Pagi, in Vit. Pont. tom. i. p. 285, 286.) Procopius (Anecdot. c. 1) accuses only the empress and Antonina. Palmaria, a small island, opposite to Terracina and the coast of the Volsci, (Cluver. Ital. Antiq. l. iii. c. 7, p. 1014.) As the Logothete Alexander, and most of his civil and military colleagues, were either disgraced or despised, the ink of the Anecdotes (c. 4, 5, 18) is scarcely blacker than that of the Gothic History (l. iii. c. 1, 3, 4, 9, 20, 21, etc.) Procopius (l. iii. c. 2, 8, etc.,) does ample and willing justice to the merit of Totila. The Roman historians, from Sallust and Tacitus were happy to forget the vices of their countrymen in the contemplation of Barbaric virtue. Procopius, l. iii. c. 12. The soul of a hero is deeply impressed on the letter; nor can we confound such genuine and original acts with the elaborate and often empty speeches of the Byzantine historians The avarice of Bessas is not dissembled by Procopius, (l. iii. c. 17, 20.)

He expiated the loss of Rome by the glorious conquest of Petraea, (Goth. l. iv. c. 12;) but the same vices followed him from the Tyber to the Phasis, (c. 13;) and the historian is equally true to the merits and defects of his character. The chastisement which the author of the romance of Belisaire has inflicted on the oppressor of Rome is more agreeable to justice than to history. During the long exile, and after the death of Vigilius, the Roman church was governed, at first by the archdeacon, and at length (A. D 655) by the pope Pelagius, who was not thought guiltless of the sufferings of his predecessor. See the original lives of the popes under the name of Anastasius, (Muratori, Script. Rer. Italicarum, tom. iii. P. i. p. 130, 131,) who relates several curious incidents of the sieges of Rome and the wars of Italy. Mount Garganus, now Monte St. Angelo, in the kingdom of Naples, runs three hundred stadia into the Adriatic Sea, (Strab. - vi. p. 436,) and in the darker ages was illustrated by the apparition, miracles, and church, of St. Michael the archangel. Horace, a native of Apulia or Lucania, had seen the elms and oaks of Garganus laboring and bellowing with the north wind that blew on that lofty coast, (Carm. ii. 9, Epist. ii. i. 201.) I cannot ascertain this particular camp of Hannibal; but the Punic quarters were long and often in the neighborhood of Arpi, (T. Liv. xxii. 9, 12, xxiv. 3, etc.) Totila .... Romam ingreditur .... ac evertit muros, domos aliquantas igni comburens, ac omnes Romanorum res in praedam ac cepit, hos ipsos Romanos in Campaniam captivos abduxit. Post quam devastationem, xl. autamp lius dies, Roma fuit ita desolata, ut nemo ibi hominum, nisi (nulloe?) bestiae morarentur, (Marcellin. in Chron. p. 54.) The tribuli are small engines with four spikes, one fixed in the ground, the three others erect or adverse, (Procopius, Gothic. l. iii. c. 24. Just.

Lipsius, Poliorcetwv, l. v. c. 3.) The metaphor was borrowed from the tribuli, (land-caltrops,) an herb with a prickly fruit, commex in Italy. (Martin, ad Virgil. Georgic. i. 153 vol. ii. p. 33.) Ruscia, the navale Thuriorum, was transferred to the distance of sixty stadia to Ruscianum, Rossano, an archbishopric without suffragans.

The republic of Sybaris is now the estate of the duke of Corigliano. (Riedesel, Travels into Magna Graecia and Sicily, p. 166 - 171.) This conspiracy is related by Procopius (Gothic. l. iii. c. 31, 32, with such freedom and candor, that the liberty of the Anecdotes gives him nothing to add. The honors of Belisarius are gladly commemorated by his secretary, (Procop. Goth. l. iii. c. 35, l. iv. c. 21.) This title Stra>thgov is ill translated, at least in this instance, by praefectus praetorio; and to a military character, magister militum is more proper and applicable, (Ducange, Gloss. Graec. p. 1458, 1459.) Alemannus, (ad Hist. Arcanum, p. 68,) Ducange, (Familiae Byzant. p. 98,) and Heineccius, (Hist. Juris Civilis, p. 434,) all three represent Anastasius as the son of the daughter of Theodora; and their opinion firmly reposes on the unambiguous testimony of Procopius, (Anecdot. c. 4, 5, - twice repeated.) And yet I will remark, 1. That in the year 547, Theodora could sarcely have a grandson of the age of puberty; 2.

That we are totally ignorant of this daughter and her husband; and, 3.

That Theodora concealed her bastards, and that her grandson by Justinian would have been heir apparent of the empire. The aJmarth>mata sins of the hero in Italy and after his return, are manifested ajparakalu>ptwv , and most probably swelled, by the author of the Anecdotes, (c. 4, 5.) The designs of Antonina were favored by the fluctuating jurisprudence of Justinian. On the law of marriage and divorce, that emperor was trocho versatilior, (Heineccius, Element Juris Civil. ad Ordinem Pandect. P. iv. No. 233.) The Romans were still attached to the monuments of their ancestors; and according to Procopius, (Goth. l. iv. c. 22,) the gallery of Aeneas, of a single rank of oars, 25 feet in breadth, 120 in length, was preserved entire in the navalia, near Monte Testaceo, at the foot of the Aventine, (Nardini, Roma Antica, l. vii. c. 9, p. 466. Donatus, Rom Antiqua, l. iv. c. 13, p. 334) But all antiquity is ignorant of relic. In these seas Procopius searched without success for the Isle of Calypso. He was shown, at Phaeacia, or Cocyra, the petrified ship of Ulysses, (Odyss. xiii. 163;) but he found it a recent fabric of many stones, dedicated by a merchant to Jupiter Cassius, (l. iv. c. 22.)

Eustathius had supposed it to be the fanciful likeness of a rock. M. D'Anville (Memoires de l'Acad. tom. xxxii. p. 513 - 528) illustrates the Gulf of Ambracia; but he cannot ascertain the situation of Dodona.

A country in sight of Italy is less known than the wilds of America.

Note: On the site of Dodona compare Walpole's Travels in the East, vol. ii. p. 473; Col. Leake's Northern Greece, vol. iv. p. 163; and a dissertation by the present bishop of Lichfield (Dr. Butler) in the appendix to Hughes's Travels, vol. i. p. 511. - M. This is a singular mistake. Gibbon must have hastily caught at his inexperience, and concluded that it must have been from youth. Lord Mahon has pointed out this error, p. 401. I should add that in the last 4to. edition, corrected by Gibbon, it stands “want of youth and experience;” - but Gibbon can scarcely have intended such a phrase. - M. See the acts of Germanus in the public (Vandal. l. ii, c. 16, 17, Goth. l. iii. c. 31, 32) and private history, (Anecdot. c. 5,) and those of his son Justin, in Agathias, (l. iv. p. 130, 131.) Notwithstanding an ambiguous expression of Jornandes, fratri suo, Alemannus has proved that he was the son of the emperor's brother. Conjuncta Aniciorum gens cum Amala stirpe spem adhuc utii usque generis promittit, (Jornandes, c. 60, p. 703.) He wrote at Ravenna before the death of Totila See note 31, p. 268. - M. The third book of Procopius is terminated by the death of Germanus, (Add. l. iv. c. 23, 24, 25, 26.) Procopius relates the whole series of this second Gothic war and the victory of Narses, (l. iv. c. 21, 26 - 35.) A splendid scene. Among the six subjects of epic poetry which Tasso revolved in his mind, he hesitated between the conquests of Italy by Belisarius and by Narses, (Hayley's Works, vol. iv. p. 70.) The country of Narses is unknown, since he must not be confounded with the Persarmenian. Procopius styles him basilikw~n crhma>twn tami>av (see Goth. l. ii. c. 13); Paul Warnefrid, (l. ii. c. 3, p. 776,) Chartularius: Marcellinus adds the name of Cubicularius. In an inscription on the Salarian bridge he is entitled Ex-consul, Expraepositus, Cubiculi Patricius, (Mascou, Hist. of the Germans, l. xiii. c. 25.) The law of Theodosius against ennuchs was obsolete or abolished, Annotation xx.,) but the foolish prophecy of the Romans subsisted in full vigor, (Procop. l. iv. c. 21.) Lord Mahon supposes them both to have been Persarmenians. Note, p. 256. - M. Paul Warnefrid, the Lombard, records with complacency the succor, service, and honorable dismission of his countrymen - reipublicae Romanae adversus aemulos adjutores fuerant, (l. ii. c. i. p. 774, edit.

Grot.) I am surprised that Alboin, their martial king, did not lead his subjects in person. The Lombards were still at war with the Gepidae.

See Procop. Goth. lib. iv. p. 25. - M. Gibbon has blindly followed the translation of Maltretus: Bis mille ducentos - while the original Greek says expressly something else, (Goth. lib. iv. c. 26.) In like manner, (p. 266,) he draws volunteers from Germany, on the authority of Cousin, who, in one place, has mistaken Germanus for Germania. Yet only a few pages further we find Gibbon loudly condemning the French and Latin readers of Procopius. Lord Mahon, p. 403. The first of these errors remains uncorrected in the new edition of the Byzantines. - M. He was, if not an impostor, the son of the blind Zames, saved by compassion, and educated in the Byzantine court by the various motives of policy, pride, and generosity, (Procop. Persic. l. i. c. 23.) In the time of Augustus, and in the middle ages, the whole waste from Aquileia to Ravenna was covered with woods, lakes, and morasses.

Man has subdued nature, and the land has been cultivated since the waters are confined and embanked. See the learned researches of Muratori, (Antiquitat. Italiae Medii Aevi. tom. i. dissert xxi. p. 253, 254,) from Vitruvius, Strabo, Herodian, old charters, and local knowledge. The Flaminian way, as it is corrected from the Itineraries, and the best modern maps, by D'Anville, (Analyse de l'Italie, p. 147 - 162,) may be thus stated: Rome to Narni, 51 Roman miles; Terni, 57; Spoleto, 75; Foligno, 88; Nocera, 103; Cagli, 142; Intercisa, 157; Fossombrone, 160; Fano, 176; Pesaro, 184; Rimini, 208 - about 189 English miles. He takes no notice of the death of Totila; but West selling (Itinerar. p. 614) exchanges, for the field of Taginas, the unknown appellation of Ptanias, eight miles from Nocera. Taginae, or rather Tadinae, is mentioned by Pliny; but the bishopric of that obscure town, a mile from Gualdo, in the plain, was united, in the year 1007, with that of Nocera. The signs of antiquity are preserved in the local appellations, Fossato, the camp; Capraia, Caprea; Bastia, Busta Gallorum. See Cluverius, (Italia Antiqua, l. ii. c. 6, p. 615, 616, 617,) Lucas Holstenius, (Annotat. ad Cluver. p. 85, 86,) Guazzesi, (Dissertat. p. 177 - 217, a professed inquiry,) and the maps of the ecclesiastical state and the march of Ancona, by Le Maire and Magini. The battle was fought in the year of Rome 458; and the consul Decius, by devoting his own life, assured the triumph of his country and his colleague Fabius, (T. Liv. x. 28, 29.) Procopius ascribes to Camillus the victory of the Busta Gallorum; and his error is branded by Cluverius with the national reproach of Graecorum nugamenta. “Dog, wilt thou strike thy Lord?” was the more characteristic exclamation of the Gothic youth. Procop. lib. iv. p. 32. - M. Theophanes, Chron. p. 193. Hist. Miscell. l. xvi. p. 108. Evagrius, l. iv. c. 24. The inspiration of the Virgin revealed to Narses the day, and the word, of battle, (Paul Diacon. l. ii. c. 3, p. 776) jEpi< tou>tou basileu>ontov to< pe>mpton eJa>lw (Procop. Goth. lib. iv. p. 33.) In the year 536 by Belisarius, in 546 by Totila, in 547 by Belisarius, in 549 by Totila, and in 552 by Narses. Maltretus had inadvertently translated sextum; a mistake which he afterwards retracts; out the mischief was done; and Cousin, with a train of French and Latin readers, have fallen into the snare. Compare two passages of Procopius, (l. iii. c. 26, l. iv. c. 24,) which, with some collateral hints from Marcellinus and Jornandes, illustrate the state of the expiring senate. See, in the example of Prusias, as it is delivered in the fragments of Polybius, (Excerpt. Legat. xcvii. p. 927, 928,) a curious picture of a royal slave. The Dra>kwn item of Procopius (Goth. l. iv. c. 35) is evidently the Sarnus. The text is accused or altered by the rash violence of Cluverius (l. iv. c. 3. p. 1156:) but Camillo Pellegrini of Naples (Discorsi sopra la Campania Felice, p. 330, 331) has proved from old records, that as early as the year 822 that river was called the Dracontio, or Draconcello. Galen (de Method. Medendi, l. v. apud Cluver. l. iv. c. 3, p. 1159, 1160) describes the lofty site, pure air, and rich milk, of Mount Lactarius, whose medicinal benefits were equally known and sought in the time of Symmachus (l. vi. epist. 18) and Cassiodorus, (Var. xi. 10.)

Nothing is now left except the name of the town of Lettere. Buat (tom. xi. p. 2, etc.) conveys to his favorite Bavaria this remnant of Goths, who by others are buried in the mountains of Uri, or restored to their native isle of Gothland, (Mascou, Annot. xxi.) I leave Scaliger (Animadvers. in Euseb. p. 59) and Salmasius (Exercitat. Plinian. p. 51, 52) to quarrel about the origin of Cumae, the oldest of the Greek colonies in Italy, (Strab. l. v. p. 372, Velleius Paterculus, l. i. c. 4,) already vacant in Juvenal's time, (Satir. iii.,) and now in ruins. Agathias (l. i. c. 21) settles the Sibyl's cave under the wall of Cumae: he agrees with Servius, (ad. l. vi. Aeneid.;) nor can I perceive why their opinion should be rejected by Heyne, the excellent editor of Virgil, (tom. ii. p. 650, 651.) In urbe media secreta religio! But Cumae was not yet built; and the lines (l. vi. 96, 97) would become ridiculous, if Aeneas were actually in a Greek city. There is some difficulty in connecting the 35th chapter of the fourth book of the Gothic war of Procopius with the first book of the history of Agathias. We must now relinquish the statesman and soldier, to attend the footsteps of a poet and rhetorician, (l. i. p. 11, l. ii. p. 51, edit. Lonvre.) Among the fabulous exploits of Buccelin, he discomfited and slew Belisarius, subdued Italy and Sicily, etc. See in the Historians of France, Gregory of Tours, (tom. ii. l. iii. c. 32, p. 203,) and Aimoin, (tom. iii. l. ii. de Gestis Francorum, c. 23, p. 59.) th Agathius. Aligern, after the surrender of Cumae, had been sent to Cesent by Narses. Agathias. - M. Agathias notices their superstition in a philosophic tone, (l. i. p. 18.) At Zug, in Switzerland, idolatry still prevailed in the year 613: St.

Columban and St. Gaul were the apostles of that rude country; and the latter founded a hermitage, which has swelled into an ecclesiastical principality and a populous city, the seat of freedom and commerce. A body of Lothaire's troops was defeated near Fano, some were driven down precipices into the sea, others fled to the camp; many prisoners seized the opportunity of making their escape; and the Barbarians lost most of their booty in their precipitate retreat. Agathias. - M. See the death of Lothaire in Agathias (l. ii. p. 38) and Paul Warnefrid, surnamed Diaconus, (l. ii. c. 3, 775.) The Greek makes him rave and tear his flesh. He had plundered churches. Pere Daniel (Hist. de la Milice Francoise, tom. i. p. 17 - 21) has exhibited a fanciful representation of this battle, somewhat in the manner of the Chevalier Folard, the once famous editor of Polybius, who fashioned to his own habits and opinions all the military operations of antiquity. Agathias (l. ii. p. 47) has produced a Greek epigram of six lines on this victory of Narses, which a favorably compared to the battles of Marathon and Plataea. The chief difference is indeed in their consequences - so trivial in the former instance - so permanent and glorious in the latter. Note: Not in the epigram, but in the previous observations - M. The Beroia and Brincas of Theophanes or his transcriber (p. 201) must be read or understood Verona and Brixia. Jelei>peto gaav tadav tuconh ajmfore>wv oi]nou h\ kai< barzi>ton ajpodi>sqai (Agathias, l. ii. p. 48.) In the first scene of Richard III. our English poet has beautifully enlarged on this idea, for which, however, he was not indebted to the Byzantine historian. Maffei has proved, (Verona Illustrata. P. i. l. x. p. 257, 289,) against the common opinion, that the dukes of Italy were instituted before the conquest of the Lombards, by Narses himself. In the Pragmatic Sanction, (No. 23,) Justinian restrains the judices militares. See Paulus Diaconus, liii. c. 2, p. 776. Menander in (Excerp Legat. p. 133) mentions some risings in Italy by the Franks, and Theophanes (p. 201) hints at some Gothic rebellions. The Pragmatic Sanction of Justinian, which restores and regulates the civil state of Italy, consists of xxvii. articles: it is dated August 15, A.D. 554; is addressed to Narses, V. J. Praepositus Sacri Cubiculi, and to Antiochus, Praefectus Praetorio Italiae; and has been preserved by Julian Antecessor, and in the Corpus Juris Civilis, after the novels and edicts of Justinian, Justin, and Tiberius. A still greater number was consumed by famine in the southern provinces, without the Ionian Gulf. Acorns were used in the place of bread. Procopius had seen a deserted orphan suckled by a she-goat.

Seventeen passengers were lodged, murdered, and eaten, by two women, who were detected and slain by the eighteenth, etc. Denina considers that greater evil was inflicted upon Italy by the Urocian conquest than by any other invasion. Reveluz. d' Italia, t. i. l. v. p. 247. - M. Quinta regio Piceni est; quondam uberrimae multitudinis, ccclx. millia Picentium in fidem P. R. venere, (Plin. Hist. Natur. iii. 18.) In the time of Vespasian, this ancient population was already diminished. Perhaps fifteen or sixteen millions. Procopius (Anecdot. c. 18) computes that Africa lost five millions, that Italy was thrice as extensive, and that the depopulation was in a larger proportion. But his reckoning is inflamed by passion, and clouded with uncertainty. Zabergan was king of the Cutrigours, a tribe of Huns, who were neither Bulgarians nor Sclavonians. St. Martin, vol. ix. p. 408 - 420. - M In the decay of these military schools, the satire of Procopius (Anecdot. c. 24, Aleman. p. 102, 103) is confirmed and illustrated by Agathias, (l. v. p. 159,) who cannot be rejected as a hostile witness. The distance from Constantinople to Melanthias, Villa Caesariana, (Ammian. Marcellin. xxx. 11,) is variously fixed at 102 or 140 stadia, (Suidas, tom. ii. p. 522, 523. Agathias, l. v. p. 158,) or xviii. or xix. miles, (Itineraria, p. 138, 230, 323, 332, and Wesseling's Observations.)

The first xii. miles, as far as Rhegium, were paved by Justinian, who built a bridge over a morass or gullet between a lake and the sea, (Procop. de Edif. l. iv. c. 8.) The Atyras, (Pompon. Mela, l. ii. c. 2, p. 169, edit. Voss.) At the river's mouth, a town or castle of the same name was fortified by Justinian, (Procop. de Edif. l. iv. c. 2. Itinerar. p. 570, and Wesseling.) The Bulgarian war, and the last victory of Belisarius, are imperfectly represented in the prolix declamation of Agathias. (l. 5, p. 154-174,) and the dry Chronicle of Theophanes, (p. 197 198.) They could scarcely be real Indians; and the Aethiopians, sometimes known by that name, were never used by the ancients as guards or followers: they were the trifling, though costly objects of female and royal luxury, (Terent. Eunuch. act. i. scene ii Sueton. in August. c. 83, with a good note of Casaubon, in Caligula, c. 57.) The Sergius (Vandal. l. ii. c. 21, 22, Anecdot. c. 5) and Marcellus (Goth. l. iii. c. 32) are mentioned by Procopius. See Theophanes, p. 197, 201. Some words, “the acts of,” or “the crimes cf,” appear to have false from the text. The omission is in all the editions I have consulted. - M. Alemannus, (p. quotes an old Byzantian Ms., which has been printed in the Imperium Orientale of Banduri.) Of the disgrace and restoration of Belisarius, the genuine original record is preserved in the Fragment of John Malala (tom. ii. p. 234 - 243) and the exact Chronicle of Theophanes, (p. 194 - 204.) Cedrenus (Compend. p. 387, 388) and Zonaras (tom. ii. l. xiv. p. 69) seem to hesitate between the obsolete truth and the growing falsehood. Le Beau, following Allemannus, conceives that Belisarius was confounded with John of Cappadocia, who was thus reduced to beggary, (vol. ix. p. 58, 449.) Lord Mahon has, with considerable learning, and on the authority of a yet unquoted writer of the eleventh century, endeavored to reestablish the old tradition. I cannot acknowledge that I have been convinced, and am inclined to subscribe to the theory of Le Beau. - M. The source of this idle fable may be derived from a miscellaneous work of the xiith century, the Chiliads of John Tzetzes, a monk, (Basil. 1546, ad calcem Lycophront. Colon. Allobrog. 1614, in Corp. Poet. Graec.)

He relates the blindness and beggary of Belisarius in ten vulgar or political verses, (Chiliad iii. No. 88, 339 - 348, in Corp. Poet. Graec. tom. ii. p. 311.) ]Ekpwma xu>linon kratw~n, ejzoja tw~| milijw| Belisari>w| ojzolote tw~ strathla>th| On tu>ch mexasen, ajpotufloi~ dj oJ fqo>nov.

This moral or romantic tale was imported into Italy with the language and manuscripts of Greece; repeated before the end of the xvth century by Crinitus, Pontanus, and Volaterranus, attacked by Alciat, for the honor of the law; and defended by Baronius, (A.D. 561, No. 2, etc.,) for the honor of the church. Yet Tzetzes himself had read in other chronicles, that Belisarius did not lose his sight, and that he recovered his fame and fortunes. Note: I know not where Gibbon found Tzetzes to be a monk; I suppose he considered his bad verses a proof of his monachism. Compare to Gerbelius in Kiesling's edition of Tzetzes. - M. The statue in the villa Borghese at Rome, in a sitting posture, with an open hand, which is vulgarly given to Belisarius, may be ascribed with more dignity to Augustus in the act of propitiating Nemesis, (Winckelman, Hist. de l'Art, tom. iii. p. 266.) Ex nocturno visu etiam stipem, quotannis, die certo, emendicabat a populo, cavana manum asses porrigentibus praebens, (Sueton. in August. c. 91, with an excellent note of Casaubon.) Note: Lord Mahon abandons the statue, as altogether irreconcilable with the state of the arts at this period, (p. 472.) - M. The rubor of Domitian is stigmatized, quaintly enough, by the pen of Tacitus, (in Vit. Agricol. c. 45;) and has been likewise noticed by the younger Pliny, (Panegyr. c. 48,) and Suetonius, (in Domitian, c. 18, and Casaubon ad locum.) Procopius (Anecdot. c. 8) foolishly believes that only one bust of Domitian had reached the vith century. The studies and science of Justinian are attested by the confession (Anecdot. c. 8, 13) still more than by the praises (Gothic. l. iii. c. 31, de Edific. l. i. Proem. c. 7) of Procopius. Consult the copious index of Alemannus, and read the life of Justinian by Ludewig, (p. 135 - 142.) See in the C. P. Christiana of Ducange (l. i. c. 24, No. 1) a chain of original testimonies, from Procopius in the vith, to Gyllius in the xvith century. The first comet is mentioned by John Malala (tom. ii. p. 190, 219) and Theophanes, (p. 154;) the second by Procopius, (Persic. l. ii. 4.) Yet I strongly suspect their identity. The paleness of the sun sum Vandal. l. ii. c. 14) is applied by Theophanes (p. 158) to a different year. Note:

See Lydus de Ostentis, particularly c 15, in which the author begins to show the signification of comets according to the part of the heavens in which they appear, and what fortunes they prognosticate to the Roman empire and their Persian enemies. The chapter, however, is imperfect. (Edit. Neibuhr, p. 290.) - M. Seneca's viith book of Natural Questions displays, in the theory of comets, a philosophic mind. Yet should we not too candidly confound a vague prediction, a venient tempus, etc., with the merit of real discoveries. Astronomers may study Newton and Halley. I draw my humble science from the article Comete, in the French Encyclopedie, by M. d'Alembert. Whiston, the honest, pious, visionary Whiston, had fancied for the aera of Noah's flood (2242 years before Christ) a prior apparition of the same comet which drowned the earth with its tail. A Dissertation of Freret (Memoires de l'Academie des Inscriptions, tom. x. p. 357-377) affords a happy union of philosophy and erudition.

The phenomenon in the time of Ogyges was preserved by Varro, (Apud Augustin. de Civitate Dei, xxi. 8,) who quotes Castor, Dion of Naples, and Adastrus of Cyzicus - nobiles mathematici. The two subsequent periods are preserved by the Greek mythologists and the spurious books of Sibylline verses. Pliny (Hist. Nat. ii. 23) has transcribed the original memorial of Augustus. Mairan, in his most ingenious letters to the P. Parennin, missionary in China, removes the games and the comet of September, from the year 44 to the year 43, before the Christian aera; but I am not totally subdued by the criticism of the astronomer, (Opuscules, p. 275 ) This last comet was visible in the month of December, 1680. Bayle, who began his Pensees sur la Comete in January, 1681, (Oeuvres, tom. iii.,) was forced to argue that a supernatural comet would have confirmed the ancients in their idolatry. Bernoulli (see his Eloge, in Fontenelle, tom. v. p. 99) was forced to allow that the tail though not the head, was a sign of the wrath of God. Paradise Lost was published in the year 1667; and the famous lines (l. ii. 708, etc.) which startled the licenser, may allude to the recent comet of 1664, observed by Cassini at Rome in the presence of Queen Christina, (Fontenelle, in his Eloge, tom. v. p. 338.) Had Charles II. betrayed any symptoms of curiosity or fear? Compare Pingre, Histoire des Cometes. - M. For the cause of earthquakes, see Buffon, (tom. i. p. 502 - Supplement a l'Hist. Naturelle, tom. v. p. 382-390, edition in 4to., Valmont de Bomare, (Dictionnaire d'Histoire Naturelle, Tremblemen de Terre, Pyrites,) Watson, (Chemical Essays, tom. i. p. 181 - 209.) The earthquakes that shook the Roman world in the reign of Justinian are described or mentioned by Procopius, (Goth. l. iv. c. 25 Anecdot. c. 18,) Agathias, (l. ii. p. 52, 53, 54, l. v. p. 145-152,) John Malala, (Chron. tom. ii. p. 140-146, 176, 177, 183, 193, 220, 229, 231, 233, 234,) and Theophanes, (p. 151, 183, 189, 191-196.) Compare Daubeny on Earthquakes, and Lyell's Geology, vol. ii. p. 161 et seq. - M An abrupt height, a perpendicular cape, between Aradus and Botrys (Polyb. l. v. p. 411. Pompon. Mela, l. i. c. 12, p. 87, cum Isaac. Voss.

Observat. Maundrell, Journey, p. 32, 33. Pocock's Description, vol. ii. p. 99.) Botrys was founded (ann. ante Christ. 935 - 903) by Ithobal, king of Tyre, (Marsham, Canon. Chron. p. 387, 388.) Its poor representative, the village of Patrone, is now destitute of a harbor. The university, splendor, and ruin of Berytus are celebrated by Heineccius (p. 351 - 356) as an essential part of the history of the Roman law. It was overthrown in the xxvth year of Justinian, A. D 551, July 9, (Theophanes, p. 192;) but Agathias (l. ii. p. 51, 52) suspends the earthquake till he has achieved the Italian war. I have read with pleasure Mead's short, but elegant, treatise concerning Pestilential Disorders, the viiith edition, London, 1722. The great plague which raged in 542 and the following years (Pagi, Critica, tom. ii. p. 518) must be traced in Procopius, (Persic. l. ii. c. 22, 23,) Agathias, (l. v. p. 153, 154,) Evagrius, (l. iv. c. 29,) Paul Diaconus, (l. ii. c. iv. p. 776, 777,) Gregory of Tours, (tom. ii. l. iv. c. 5, p 205,) who styles it Lues Inguinaria, and the Chronicles of Victor Tunnunensis, (p. 9, in Thesaur. Temporum,) of Marcellinus, (p. 54,) and of Theophanes, (p. 153.) Dr. Friend (Hist. Medicin. in Opp. p. 416 - 420, Lond. 1733) is satisfied that Procopius must have studied physic, from his knowledge and use of the technical words. Yet many words that are now scientific were common and popular in the Greek idiom. See Thucydides, l. ii. c. 47 - 54, p. 127 - 133, edit. Duker, and the poetical description of the same plague by Lucretius. (l. vi. 1136 - 1284.) I was indebted to Dr. Hunter for an elaborate commentary on this part of Thucydides, a quarto of 600 pages, (Venet. 1603, apud Juntas,) which was pronounced in St. Mark's Library by Fabius Paullinus Utinensis, a physician and philosopher. Thucydides (c. 51) affirms, that the infection could only be once taken; but Evagrius, who had family experience of the plague, observes, that some persons, who had escaped the first, sunk under the second attack; and this repetition is confirmed by Fabius Paullinus, (p. 588.) I observe, that on this head physicians are divided; and the nature and operation of the disease may not always be similar. It was thus that Socrates had been saved by his temperance, in the plague of Athens, (Aul. Gellius, Noct. Attic. ii. l.) Dr. Mead accounts for the peculiar salubrity of religious houses, by the two advantages of seclusion and abstinence, (p. 18, 19.) Mead proves that the plague is contagious from Thucydides, Lacretius, Aristotle, Galen, and common experience, (p. 10 - 20;) and he refutes (Preface, p. 2 - 13) the contrary opinion of the French physicians who visited Marseilles in the year 1720. Yet these were the recent and enlightened spectators of a plague which, in a few months, swept away 50,000 inhabitants (sur le Peste de Marseille, Paris, 1786) of a city that, in the present hour of prosperity and trade contains no more then 90,000 souls, (Necker, sur les Finances, tom. i. p. 231.) The strong assertions of Procopius—ou]te gath| —are overthrown by the subsequent experience of Evagrius. After some figures of rhetoric, the sands of the sea, etc., Procopius (Anecdot. c. 18) attempts a more definite account; that muria>dav muria>dwn muri>av it had been exterminated under the reign of the Imperial demon. The expression is obscure in grammar and arithmetic and a literal interpretation would produce several millions of millions Alemannus (p. 80) and Cousin (tom. iii. p. 178) translate this passage, “two hundred millions:” but I am ignorant of their motives. The remaining myriad of myriads, would furnish one hundred millions, a number not wholly inadmissible.

CHAPTER - The civilians of the darker ages have established an absurd and incomprehensible mode of quotation, which is supported by authority and custom. In their references to the Code, the Pandects, and the Institutes, they mention the number, not of the book, but only of the law; and content themselves with reciting the first words of the title to which it belongs; and of these titles there are more than a thousand.

Ludewig (Vit. Justiniani, p. 268) wishes to shake off this pendantic yoke; and I have dared to adopt the simple and rational method of numbering the book, the title, and the law. Note: The example of Gibbon has been followed by M Hugo and other civilians. - M Germany, Bohemia, Hungary, Poland, and Scotland, have received them as common law or reason; in France, Italy, etc., they possess a direct or indirect influence; and they were respected in England, from Stephen to Edward I. our national Justinian, (Duck. de Usu et Auctoritate Juris Civilis, l. ii. c. 1, 8 - 15. Heineccius, Hist. Juris Germanici, c. 3, 4, No. 55 - 124, and the legal historians of each country.) Although the restoration of the Roman law, introduced by the revival of this study in Italy, is one of the most important branches of history, it had been treated but imperfectly when Gibbon wrote his work. That of Arthur Duck is but an insignificant performance. But the researches of the learned have thrown much light upon the matter. The Sarti, the Tiraboschi, the Fantuzzi, the Savioli, had made some very interesting inquiries; but it was reserved for M. de Savigny, in a work entitled “The History of the Roman Law during the Middle Ages,” to cast the strongest right on this part of history. He demonstrates incontestably the preservation of the Roman law from Justinian to the time of the Glossators, who by their indefatigable zeal, propagated the study of the Roman jurisprudence in all the countries of Europe. It is much to be desired that the author should continue this interesting work, and that the learned should engage in the inquiry in what manner the Roman law introduced itself into their respective countries, and the authority which it progressively acquired. For Belgium, there exists, on this subject, (proposed by the Academy of Brussels in 1781,) a Collection of Memoirs, printed at Brussels in 4to., 1783, among which should be distinguished those of M. de Berg. M. Berriat Saint Prix has given us hopes of the speedy appearance of a work in which he will discuss this question, especially in relation to France. M. Spangenberg, in his Introduction to the Study of the Corpus Juris Civilis Hanover, 1817, 1 vol. 8vo. p. 86, 116, gives us a general sketch of the history of the Roman law in different parts of Europe. We cannot avoid mentioning an elementary work by M. Hugo, in which he treats of the History of the Roman Law from Justinian to the present Time, 2d edit.

Berlin 1818 W. Francis Hottoman, a learned and acute lawyer of the xvith century, wished to mortify Cujacius, and to please the Chancellor de l'Hopital.

His Anti-Tribonianus (which I have never been able to procure) was published in French in 1609; and his sect was propagated in Germany, (Heineccius, Op. tom. iii. sylloge iii. p. 171 - 183.) Though there have always been many detractors of the Roman law, no sect of Anti- Tribonians has ever existed under that name, as Gibbon seems to suppose. - W. At the head of these guides I shall respectfully place the learned and perspicuous Heineccius, a German professor, who died at Halle in the year 1741, (see his Eloge in the Nouvelle Bibliotheque Germanique, tom. ii. p. 51 - 64.) His ample works have been collected in eight volumes in 4to. Geneva, 1743 - 1748. The treatises which I have separately used are, 1. Historia Juris Romani et Germanici, Lugd.

Batav. 1740, in 8 vo. 2. Syntagma Antiquitatum Romanam Jurisprudentiam illustrantium, 2 vols. in 8 vo. Traject. ad Rhenum.

The work of Bach on the History of the Roman Jurisprudence, with which Gibbon was not acquainted, is far superior to that of Heineccius and since that time we have new obligations to the modern historic civilians, whose indefatigable researches have greatly enlarged the sphere of our knowledge in this important branch of history. We want a pen like that of Gibbon to give to the more accurate notions which we have acquired since his time, the brilliancy, the vigor, and the animation which Gibbon has bestowed on the opinions of Heineccius and his contemporaries. - W Our original text is a fragment de Origine Juris (Pandect. l. i. tit. ii.) of Pomponius, a Roman lawyer, who lived under the Antonines, (Heinecc. tom. iii. syl. iii. p. 66 - 126.) It has been abridged, and probably corrupted, by Tribonian, and since restored by Bynkershoek (Opp. tom. i. p. 279 - 304.) The constitutional history of the kings of Rome may be studied in the first book of Livy, and more copiously in Dionysius Halicarnassensis, (l. li. p. 80 - 96, 119 - 130, l. iv. p. 198 - 220,) who sometimes betrays the character of a rhetorician and a Greek. M. Warnkonig refers to the work of Beaufort, on the Uncertainty of the Five First Ages of the Roman History, with which Gibbon was probably acquainted, to Niebuhr, and to the less known volume of Wachsmuth, “Aeltere Geschichte des Rom. Staats.” To these I would add A. W. Schlegel's Review of Niebuhr, and my friend Dr. Arnold's recently published volume, of which the chapter on the Law of the XII. Tables appears to me one of the most valuable, if not the most valuable, chapter. - M. This threefold division of the law was applied to the three Roman kings by Justus Lipsius, (Opp. tom. iv. p. 279;) is adopted by Gravina, (Origines Juris Civilis, p. 28, edit. Lips. 1737:) and is reluctantly admitted by Mascou, his German editor. Whoever is acquainted with the real notions of the Romans on the jus naturale, gentium et civile, cannot but disapprove of this explanation which has no relation to them, and might be taken for a pleasantry. It is certainly unnecessary to increase the confusion which already prevails among modern writers on the true sense of these ideas. Hugo. - W The most ancient Code or Digest was styled Jus Papirianum, from the first compiler, Papirius, who flourished somewhat before or after the Regifugium, (Pandect. l. i. tit. ii.) The best judicial critics, even Bynkershoek (tom. i. p. 284, 285) and Heineccius, (Hist. J. C. R. l. i. c. 16, 17, and Opp. tom. iii. sylloge iv. p. 1 - 8,) give credit to this tale of Pomponius, without sufficiently adverting to the value and rarity of such a monument of the third century, of the illiterate city. I much suspect that the Caius Papirius, the Pontifex Maximus, who revived the laws of Numa (Dionys. Hal. l. iii. p. 171) left only an oral tradition; and that the Jus Papirianum of Granius Flaccus (Pandect. l. L. tit. xvi. leg. 144) was not a commentary, but an original work, compiled in the time of Caesar, (Censorin. de Die Natali, l. iii. p. 13, Duker de Latinitate J.

C. p. 154.) Note: Niebuhr considers the Jus Papirianum, adduced by Verrius Fiaccus, to be of undoubted authenticity. Rom. Geschichte, l. 257. - M. Compare this with the work of M. Hugo. - W. A pompous, though feeble attempt to restore the original, is made in the Histoire de la Jurisprudence Romaine of Terasson, p. 22 - 72, Paris, 1750, in folio; a work of more promise than performance. In the year 1444, seven or eight tables of brass were dug up between Cortona and Gubio. A part of these (for the rest is Etruscan) represents the primitive state of the Pelasgic letters and language, which are ascribed by Herodotus to that district of Italy, (l. i. c. 56, 57, 58;) though this difficult passage may be explained of a Crestona in Thrace, (Notes de Larcher, tom. i. p. 256 - 261.) The savage dialect of the Eugubine tables ^! has exercised, and may still elude, the divination of criticism; but the root is undoubtedly Latin, of the same age and character as the Saliare Carmen, which, in the time of Horace, none could understand. The Roman idiom, by an infusion of Doric and Aeolic Greek, was gradually ripened into the style of the xii. tables, of the Duillian column, of Ennius, of Terence, and of Cicero, (Gruter.

Inscript. tom. i. p. cxlii. Scipion Maffei, Istoria Diplomatica, p. 241 - 258. Bibliotheque Italique, tom. iii. p. 30 - 41, 174 - 205. tom. xiv. p. - 52.) The Eugubine Tables have exercised the ingenuity of the Italian and German critics; it seems admitted (O. Muller, die Etrusker, ii. 313) that they are Tuscan. See the works of Lanzi, Passeri, Dempster, and O. Muller. - M Compare Livy (l. iii. c. 31 - 59) with Dionysius Halicarnassensis, (l. x. p. 644 - xi. p. 691.) How concise and animated is the Roman - how prolix and lifeless the Greek! Yet he has admirably judged the masters, and defined the rules, of historical composition. From the historians, Heineccius (Hist. J. R. l. i. No. 26) maintains that the twelve tables were of brass - aereas; in the text of Pomponius we read eboreas; for which Scaliger has substituted roboreas, (Bynkershoek, p. 286.) Wood, brass, and ivory, might be successively employed. Note: Compare Niebuhr, vol. ii. p. 349, etc. - M. Compare Niebuhr, 355, note 720. - M. It is a most important question whether the twelve tables in fact include laws imported from Greece.

The negative opinion maintained by our author, is now almost universally adopted, particularly by Mm. Niebuhr, Hugo, and others.

See my Institutiones Juris Romani privati Leodii, 1819, p. 311, 312. - W. Dr. Arnold, p. 255, seems to incline to the opposite opinion.

Compare some just and sensible observations in the Appendix to Mr.

Travers Twiss's Epitome of Niebuhr, p. 347, Oxford, 1836. - M. His exile is mentioned by Cicero, (Tusculan. Quaestion. v. 36; his statue by Pliny, (Hist. Nat. xxxiv. 11.) The letter, dream, and prophecy of Heraclitus, are alike spurious, (Epistolae Graec. Divers. p. 337.

Note: Compare Niebuhr, ii. 209. - M. See the Mem de l'Academ. des Inscript. xxii. p. 48. It would be difficult to disprove, that a certain Hermodorus had some share in framing the Laws of the Twelve Tables.

Pomponius even says that this Hermodorus was the author of the last two tables. Pliny calls him the Interpreter of the Decemvirs, which may lead us to suppose that he labored with them in drawing up that law.

But it is astonishing that in his Dissertation, (De Hermodoro vero XII.

Tabularum Auctore, Annales Academiae Groninganae anni 1817, 1818,) M. Gratama has ventured to advance two propositions entirely devoid of proof: “Decem priores tabulas ab ipsis Romanis non esse profectas, tota confirma Decemviratus Historia,” et “Hermodorum legum decemviralium ceri nominis auctorem esse, qui eas composuerit suis ordinibus, disposuerit, suaque fecerit auctoritate, ut a decemviris reciperentur.” This truly was an age in which the Roman Patricians would allow their laws to be dictated by a foreign Exile! Mr. Gratama does not attempt to prove the authenticity of the supposititious letter of Heraclitus. He contents himself with expressing his astonishment that M. Bonamy (as well as Gibbon) will be receive it as genuine. - W. This intricate subject of the Sicilian and Roman money, is ably discussed by Dr. Bentley, (Dissertation on the Epistles of Phalaris, p. 427 - 479,) whose powers in this controversy were called forth by honor and resentment. The Romans, or their allies, sailed as far as the fair promontory of Africa, (Polyb. l. iii. p. 177, edit. Casaubon, in folio.) Their voyages to Cumae, etc., are noticed by Livy and Dionysius. This circumstance would alone prove the antiquity of Charondas, the legislator of Rhegium and Catana, who, by a strange error of Diodorus Siculus (tom. i. l. xii. p. 485 - 492) is celebrated long afterwards as the author of the policy of Thurium. Zaleucus, whose existence has been rashly attacked, had the merit and glory of converting a band of outlaws (the Locrians) into the most virtuous and orderly of the Greek republics. (See two Memoirs of the Baron de St. Croix, sur la Legislation de la Grande Grece Mem. de l'Academie, tom. xlii. p. 276 - 333.) But the laws of Zaleucus and Charondas, which imposed on Diodorus and Stobaeus, are the spurious composition of a Pythagorean sophist, whose fraud has been detected by the critical sagacity of Bentley, p. 335 - 377. I seize the opportunity of tracing the progress of this national intercourse 1. Herodotus and Thucydides (A. U. C. 300 - 350) appear ignorant of the name and existence of Rome, (Joseph. contra Appion tom. ii. l. i. c. 12, p. 444, edit. Havercamp.) 2. Theopompus (A. U. C. 400, Plin. iii. 9) mentions the invasion of the Gauls, which is noticed in looser terms by Heraclides Ponticus, (Plutarch in Camillo, p. 292, edit.

H. Stephan.) 3. The real or fabulous embassy of the Romans to Alexander (A. U. C. 430) is attested by Clitarchus, (Plin. iii. 9,) by Aristus and Asclepiades, (Arrian. l. vii. p. 294, 295,) and by Memnon of Heraclea, (apud Photium, cod. ccxxiv. p. 725,) though tacitly denied by Livy. 4. Theophrastus (A. U. C. 440) primus externorum aliqua de Romanis diligentius scripsit, (Plin. iii. 9.) 5. Lycophron (A. U. C. 480 - 500) scattered the first seed of a Trojan colony and the fable of the Aeneid, (Cassandra, 1226 - 1280.)

Gh~v kai< zala>sshv skh~ptra kai< monarcijan Lazo>ntev Compare Niebuhr throughout. Niebuhr has written a dissertation (Kleine Schriften, i. p. 438,) arguing from this prediction, and on the other conclusive grounds, that the Lycophron, the author of the Cassandra, is not the Alexandrian poet. He had been anticipated in this sagacious criticism, as he afterwards discovered, by a writer of no less distinction than Charles James Fox. - Letters to Wakefield. And likewise by the author of the extraordinary translation of this poem, that most promising scholar, Lord Royston. See the Remains of Lord Royston, by the Rev. Henry Pepys, London, 1838. The tenth table, de modo sepulturae, was borrowed from Solon, (Cicero de Legibus, ii. 23 - 26:) the furtem per lancem et licium conceptum, is derived by Heineccius from the manners of Athens, (Antiquitat. Rom. tom. ii. p. 167 - 175.) The right of killing a nocturnal thief was declared by Moses, Solon, and the Decemvirs, (Exodus xxii. 3. Demosthenes contra Timocratem, tom. i. p. 736, edit. Reiske.

Macrob. Saturnalia, l. i. c. 4. Collatio Legum Mosaicarum et Romanatum, tit, vii. No. i. p. 218, edit. Cannegieter.) Are not the same points of similarity discovered in the legislation of all actions in the infancy of their civilization? - W. It is the praise of Diodorus, tom. i. l. xii. p. 494,) which may be fairly translated by the eleganti atque absoluta brevitate verborum of Aulus Gellius, (Noct. Attic. xxi. 1.) Listen to Cicero (de Legibus, ii. 23) and his representative Crassus, (de Oratore, i. 43, 44.) See Heineccius, (Hist. J. R. No. 29 - 33.) I have followed the restoration of the xii. tables by Gravina (Origines J. C. p. 280 - 307) and Terrasson, (Hist. de la Jurisprudence Romaine, p. 94 - 205.)

Note: The wish expressed by Warnkonig, that the text and the conjectural emendations on the fragments of the xii. tables should be submitted to rigid criticism, has been fulfilled by Dirksen, Uebersicht der bisherigen Versuche Leipzig Kritik und Herstellung des Textes der Zwolf-Tafel-Fragmente, Leipzug, 1824. - M. Finis aequi juris, (Tacit. Annal. iii. 27.) Fons omnis publici et privati juris, (T. Liv. iii. 34.) From the context of the phrase in Tacitus, “Nam secutae leges etsi alquando in maleficos ex delicto; saepius tamen dissensione ordinum * * * latae sunt,” it is clear that Gibbon has rendered this sentence incorrectly. Hugo, Hist. p. 62. - M. De principiis juris, et quibus modis ad hanc multitudinem infinitam ac varietatem legum perventum sit altius disseram, (Tacit. Annal. iii. 25.)

This deep disquisition fills only two pages, but they are the pages of Tacitus. With equal sense, but with less energy, Livy (iii. 34) had complained, in hoc immenso aliarum super alias acervatarum legum cumulo, etc. Suetonius in Vespasiano, c. 8. Cicero ad Familiares, viii. 8. Dionysius, with Arbuthnot, and most of the moderns, (except Eisenschmidt de Ponderibus, etc., p. 137 - 140,) represent the 100,000 asses by 10,000 Attic drachmae, or somewhat more than 300 pounds sterling. But their calculation can apply only to the latter times, when the as was diminished to 1-24th of its ancient weight: nor can I believe that in the first ages, however destitute of the precious metals, a single ounce of silver could have been exchanged for seventy pounds of copper or brass. A more simple and rational method is to value the copper itself according to the present rate, and, after comparing the mint and the market price, the Roman and avoirdupois weight, the primitive as or Roman pound of copper may be appreciated at one English shilling, and the 100,000 asses of the first class amounted to 5000 pounds sterling. It will appear from the same reckoning, that an ox was sold at Rome for five pounds, a sheep for ten shillings, and a quarter of wheat for one pound ten shillings, (Festus, p. 330, edit.

Dacier. Plin. Hist. Natur. xviii. 4:) nor do I see any reason to reject these consequences, which moderate our ideas of the poverty of the first Romans. Compare Niebuhr, English translation, vol. i. p. 448, etc. - M. Consult the common writers on the Roman Comitia, especially Sigonius and Beaufort. Spanheim (de Praestantia et Usu Numismatum, tom. ii. dissert. x. p. 192, 193) shows, on a curious medal, the Cista, Pontes, Septa, Diribitor, etc. Cicero (de Legibus, iii. 16, 17, 18) debates this constitutional question, and assigns to his brother Quintus the most unpopular side. Prae tumultu recusantium perferre non potuit, (Sueton. in August. c. 34.) See Propertius, l. ii. eleg. 6. Heineccius, in a separate history, has exhausted the whole subject of the Julian and Papian Poppaean laws, (Opp. tom. vii. P. i. p. 1 - 479.) Tacit. Annal. i. 15. Lipsius, Excursus E. in Tacitum. Note: This error of Gibbon has been long detected. The senate, under Tiberius did indeed elect the magistrates, who before that emperor were elected in the comitia. But we find laws enacted by the people during his reign, and that of Claudius. For example; the Julia-Norbana, Vellea, and Claudia de tutela foeminarum. Compare the Hist. du Droit Romain, by M. Hugo, vol. ii. p. 55, 57. The comitia ceased imperceptibly as the republic gradually expired. - W. Non ambigitur senatum jus facere posse, is the decision of Ulpian, (l. xvi. ad Edict. in Pandect. l. i. tit. iii. leg. 9.) Pomponius taxes the comitia of the people as a turba hominum, (Pandect. l. i. tit. ii. leg 9.)

The author adopts the opinion, that under the emperors alone the senate had a share in the legislative power. They had nevertheless participated in it under the Republic, since senatus-consulta relating to civil rights have been preserved, which are much earlier than the reigns of Augustus or Tiberius. It is true that, under the emperors, the senate exercised this right more frequently, and that the assemblies of the people had become much more rare, though in law they were still permitted, in the time of Ulpian. (See the fragments of Ulpian.) Bach has clearly demonstrated that the senate had the same power in the time of the Republic. It is natural that the senatus-consulta should have been more frequent under the emperors, because they employed those means of flattering the pride of the senators, by granting them the right of deliberating on all affairs which did not intrench on the Imperial power.

Compare the discussions of M. Hugo, vol. i. p. 284, et seq. - W. There is a curious passage from Aurelius, a writer on Law, on the Praetorian Praefect, quoted in Lydus de Magistratibus, p. 32, edit.

Hase. The Praetorian praefect was to the emperor what the master of the horse was to the dictator under the Republic. He was the delegate, therefore, of the full Imperial authority; and no appeal could be made or exception taken against his edicts. I had not observed this passage, when the third volume, where it would have been more appropriately placed, passed through the press. - M The jus honorarium of the praetors and other magistrates is strictly defined in the Latin text to the Institutes, (l. i. tit. ii. No. 7,) and more loosely explained in the Greek paraphrase of Theophilus, (p. 33 - 38, edit. Reitz,) who drops the important word honorarium. With the utmost deference for these excellent civilians, I cannot but consider this confusion of the judicial and legislative authority as a very perilous constitutional precedent. It might answer among a people so singularly trained as the Romans were by habit and national character in reverence for legal institutions, so as to be an aristocracy, if not a people, of legislators; but in most nations the investiture of a magistrate in such authority, leaving to his sole judgment the lawyers he might consult, and the view of public opinion which he might take, would be a very insufficient guaranty for right legislation. - M. Compare throughout the brief but admirable sketch of the progress and growth of the Roman jurisprudence, the necessary operation of the jusgentium, when Rome became the sovereign of nations, upon the jus civile of the citizens of Rome, in the first chapter of Savigny.

Geschichte des Romischen Rechts im Mittelalter. - M. Dion Cassius (tom. i. l. xxxvi. p. 100) fixes the perpetual edicts in the year of Rome, 686. Their institution, however, is ascribed to the year 585 in the Acta Diurna, which have been published from the papers of Ludovicus Vives. Their authenticity is supported or allowed by Pighius, (Annal. Rom. tom. ii. p. 377, 378,) Graevius, (ad Sueton. p. 778,) Dodwell, (Praelection. Cambden, p. 665,) and Heineccius: but a single word, Scutum Cimbricum, detects the forgery, (Moyle's Works, vol. i. p. 303.) The history of edicts is composed, and the text of the perpetual edict is restored, by the master-hand of Heineccius, (Opp. tom. vii. P. ii. p. 1 - 564;) in whose researches I might safely acquiesce. In the Academy of Inscriptions, M. Bouchaud has given a series of memoirs to this interesting subject of law and literature. This restoration was only the commencement of a work found among the papers of Heineccius, and published after his death. - G. Gibbon has here fallen into an error, with Heineccius, and almost the whole literary world, concerning the real meaning of what is called the perpetual edict of Hadrian. Since the Cornelian law, the edicts were perpetual, but only in this sense, that the praetor could not change them during the year of his magistracy. And although it appears that under Hadrian, the civilian Julianus made, or assisted in making, a complete collection of the edicts, (which certainly had been done likewise before Hadrian, for example, by Ofilius, qui diligenter edictum composuit,) we have no sufficient proof to admit the common opinion, that the Praetorian edict was declared perpetually unalterable by Hadrian. The writers on law subsequent to Hadrian (and among the rest Pomponius, in his Summary of the Roman Jurisprudence) speak of the edict as it existed in the time of Cicero.

They would not certainly have passed over in silence so remarkable a change in the most important source of the civil law. M. Hugo has conclusively shown that the various passages in authors, like Eutropius, are not sufficient to establish the opinion introduced by Heineccius.

Compare Hugo, vol. ii. p. 78. A new proof of this is found in the Institutes of Gaius, who, in the first books of his work, expresses himself in the same manner, without mentioning any change made by Hadrian. Nevertheless, if it had taken place, he must have noticed it, as he does l. i. 8, the responsa prudentum, on the occasion of a rescript of Hadrian. There is no lacuna in the text. Why then should Gaius maintain silence concerning an innovation so much more important than that of which he speaks? After all, this question becomes of slight interest, since, in fact, we find no change in the perpetual edict inserted in the Digest, from the time of Hadrian to the end of that epoch, except that made by Julian, (compare Hugo, l. c.) The latter lawyers appear to follow, in their commentaries, the same texts as their predecessors. It is natural to suppose, that, after the labors of so many men distinguished in jurisprudence, the framing of the edict must have attained such perfection that it would have been difficult to have made any innovation. We nowhere find that the jurists of the Pandects disputed concerning the words, or the drawing up of the edict. What difference would, in fact, result from this with regard to our codes, and our modern legislation? Compare the learned Dissertation of M.

Biener, De Salvii Juliani meritis in Edictum Praetorium recte aestimandis. Lipsae, 1809, 4to. - W. It is an important question in what manner the emperors were invested with this legislative power. The newly discovered Gaius distinctly states that it was in virtue of a law - Nec unquam dubitatum est, quin id legis vicem obtineat, cum ipse imperator per legem imperium accipiat. But it is still uncertain whether this was a general law, passed on the transition of the government from a republican to a monarchical form, or a law passed on the accession of each emperor. Compare Hugo, Hist. du Droit Romain, (French translation,) vol. ii. p. 8. - M. His laws are the first in the code. See Dodwell, (Praelect. Cambden, p. 319 - 340,) who wanders from the subject in confused reading and feeble paradox. This is again an error which Gibbon shares with Heineccius, and the generality of authors. It arises from having mistaken the insignificant edict of Hadrian, inserted in the Code of Justinian, (lib. vi, tit. xxiii. c. 11,) for the first constitutio principis, without attending to the fact, that the Pandects contain so many constitutions of the emperors, from Julius Caesar, (see l. i. Digest 29, l) M. Hugo justly observes, that the acta of Sylla, approved by the senate, were the same thing with the constitutions of those who after him usurped the sovereign power. Moreover, we find that Pliny, and other ancient authors, report a multitude of rescripts of the emperors from the time of Augustus. See Hugo, Hist. du Droit Romain, vol. ii. p. 24- 27. - W. Totam illam veterem et squalentem sylvam legum novis principalium rescriptorum et edictorum securibus truncatis et caeditis; (Apologet. c. 4, p. 50, edit. Havercamp.) He proceeds to praise the recent firmness of Severus, who repealed the useless or pernicious laws, without any regard to their age or authority. The constitutional style of Legibus Solutus is misinterpreted by the art or ignorance of Dion Cassius, (tom. i. l. liii. p. 713.) On this occasion, his editor, Reimer, joins the universal censure which freedom and criticism have pronounced against that slavish historian. The word (Lex Regia) was still more recent than the thing. The slaves of Commodus or Caracalla would have started at the name of royalty.

Note: Yet a century before, Domitian was called not only by Martial but even in public documents, Dominus et Deus Noster. Sueton.

Domit. cap. 13. Hugo. - W. See Gravina (Opp. p. 501 - 512) and Beaufort, (Republique Romaine, tom. i. p. 255 - 274.) He has made a proper use of two dissertations by John Frederic Gronovius and Noodt, both translated, with valuable notes, by Barbeyrac, 2 vols. in 12mo. 1731. Institut. l. i. tit. ii. No. 6. Pandect. l. i. tit. iv. leg. 1. Cod. Justinian, l. i. tit. xvii. leg. 1, No. 7. In his Antiquities and Elements, Heineccius has amply treated de constitutionibus principum, which are illustrated by Godefroy (Comment. ad Cod. Theodos. l. i. tit. i. ii. iii.) and Gravina, (p. 87 - 90.) Gaius asserts that the Imperial edict or rescript has and always had, the force of law, because the Imperial authority rests upon law. Constitutio principis est, quod imperator decreto vel edicto, vel epistola constituit, nee unquam dubitatum, quin id legis, vicem obtineat, cum ipse imperator per legem imperium accipiat. Gaius, 6 Instit. i. 2. - M. Theophilus, in Paraphras. Graec. Institut. p. 33, 34, edit. Reitz For his person, time, writings, see the Theophilus of J. H. Mylius, Excurs. iii. p. 1034 - 1073. There is more envy than reason in the complaint of Macrinus (Jul.

Capitolin. c. 13:) Nefas esse leges videri Commodi et Caracalla at hominum imperitorum voluntates. Commodus was made a Divus by Severus, (Dodwell, Praelect. viii. p. 324, 325.) Yet he occurs only twice in the Pandects. Of Antoninus Caracalla alone 200 constitutions are extant in the Code, and with his father 160. These two princes are quoted fifty times in the Pandects, and eight in the Institutes, (Terasson, p. 265.) Plin. Secund. Epistol. x. 66. Sueton. in Domitian. c. 23. It was a maxim of Constantine, contra jus rescripta non valeant, (Cod.

Theodos. l. i. tit. ii. leg. 1.) The emperors reluctantly allow some scrutiny into the law and the fact, some delay, petition, etc.; but these insufficient remedies are too much in the discretion and at the peril of the judge. A compound of vermilion and cinnabar, which marks the Imperial diplomas from Leo I. (A.D. 470) to the fall of the Greek empire, (Bibliotheque Raisonnee de la Diplomatique, tom. i. p. 504 - 515 Lami, de Eruditione Apostolorum, tom. ii. p. 720 - 726.) Savigny states the following as the authorities for the Roman law at the commencement of the fifth century: - Schulting, Jurisprudentia Ante-Justinianea, p. 681 - 718. Cujacius assigned to Gregory the reigns from Hadrian to Gallienus. and the continuation to his fellow-laborer Hermogenes. This general division may be just, but they often trespassed on each other's ground Scaevola, most probably Q. Cervidius Scaevola; the master of Papinian considers this acceptance of fire and water as the essence of marriage, (Pandect. l. xxiv. tit. 1, leg. 66. See Heineccius, Hist. J. R. No. 317.) Cicero (de Officiis, iii. 19) may state an ideal case, but St. Am brose (de Officiis, iii. 2,) appeals to the practice of his own times, which he understood as a lawyer and a magistrate, (Schulting ad Ulpian, Fragment. tit. xxii. No. 28, p. 643, 644.) In this passage the author has endeavored to collect all the examples of judicial formularies which he could find. That which he adduces as the form of cretio haereditatis is absolutely false. It is sufficient to glance at the passage in Cicero which he cites, to see that it has no relation to it. The author appeals to the opinion of Schulting, who, in the passage quoted, himself protests against the ridiculous and absurd interpretation of the passage in Cicero, and observes that Graevius had already well explained the real sense. See in Gaius the form of cretio haereditatis Inst. l. ii. p. 166. - W. The furtum lance licioque conceptum was no longer understood in the time of the Antonines, (Aulus Gellius, xvi. 10.) The Attic derivation of Heineccius, (Antiquitat. Rom. l. iv. tit. i. No. 13 - 21) is supported by the evidence of Aristophanes, his scholiast, and Pollux. Nothing more is known of this ceremony; nevertheless we find that already in his own days Gaius turned it into ridicule. He says, (lib. iii. et p. 192, Sections 293,) prohibiti actio quadrupli ex edicto praetoris introducta est; lex autem eo nomine nullam poenam constituit. Hoc solum praecepit, ut qui quaerere velit, nudus quaerat, linteo cinctus, lancem habens; qui si quid invenerit. jubet id lex furtum manifestum esse. Quid sit autem linteum? quaesitum est. Sed verius est consuti genus esse, quo necessariae partes tegerentur. Quare lex tota ridicula est. Nam qui vestitum quaerere prohibet, is et nudum quaerere prohibiturus est; eo magis, quod invenerit ibi imponat, neutrum eorum procedit, si id quod quaeratur, ejus magnitudinis aut naturae sit ut neque subjici, neque ibi imponi possit. Certe non dubitatur, cujuscunque materiae sit ea lanx, satis legi fieri. We see moreover, from this passage, that the basin, as most authors, resting on the authority of Festus, have supposed, was not used to cover the figure. - W. Gibbon says the face, though equally inaccurately. This passage of Gaius, I must observe, as well as others in M. Warnkonig's work, is very inaccurately printed. - M. In his Oration for Murena, (c. 9 - 13,) Cicero turns into ridicule the forms and mysteries of the civilians, which are represented with more candor by Aulus Gellius, (Noct. Attic. xx. 10,) Gravina, (Opp p. 265, 266, 267,) and Heineccius, (Antiquitat. l. iv. tit. vi.) Gibbon had conceived opinions too decided against the forms of procedure in use among the Romans. Yet it is on these solemn forms that the certainty of laws has been founded among all nations. Those of the Romans were very intimately allied with the ancient religion, and must of necessity have disappeared as Rome attained a higher degree of civilization.

Have not modern nations, even the most civilized, overloaded their laws with a thousand forms, often absurd, almost always trivial? How many examples are afforded by the English law! See, on the nature of these forms, the work of M. de Savigny on the Vocation of our Age for Legislation and Jurisprudence, Heidelberg, 1814, p. 9, 10. - W. This work of M. Savigny has been translated into English by Mr. Hayward. - M. Compare, on the Responsa Prudentum, Warnkonig, Histoire Externe du Droit Romain Bruxelles, 1836, p. 122. - M. The series of the civil lawyers is deduced by Pomponius, (de Origine Juris Pandect. l. i. tit. ii.) The moderns have discussed, with learning and criticism, this branch of literary history; and among these I have chiefly been guided by Gravina (p. 41 - 79) and Hei neccius, (Hist. J. R.

No. 113 - 351.) Cicero, more especially in his books de Oratore, de Claris Oratoribus, de Legibus, and the Clavie Ciceroniana of Ernesti (under the names of Mucius, etc.) afford much genuine and pleasing information. Horace often alludes to the morning labors of the civilians, (Serm. I. i. 10, Epist. II. i. 103, etc) It is particularly in this division of the history of the Roman jurisprudence into epochs, that Gibbon displays his profound knowledge of the laws of this people. M. Hugo, adopting this division, prefaced these three periods with the history of the times anterior to the Law of the Twelve Tables, which are, as it were, the infancy of the Roman law. - W M. Hugo thinks that the ingenious system of the Institutes adopted by a great number of the ancient lawyers, and by Justinian himself, dates from Severus Sulpicius. Hist du Droit Romain, vol.iii.p. 119. - W. Crassus, or rather Cicero himself, proposes (de Oratore, i. 41, 42) an idea of the art or science of jurisprudence, which the eloquent, but illiterate, Antonius (i. 58) affects to deride. It was partly executed by Servius Sulpicius, (in Bruto, c. 41,) whose praises are elegantly varied in the classic Latinity of the Roman Gravina, (p. 60.) Perturbatricem autem omnium harum rerum academiam, hanc ab Arcesila et Carneade recentem, exoremus ut sileat, nam si invaserit in haec, quae satis scite instructa et composita videantur, nimis edet ruinas, quam quidem ego placare cupio, submovere non audeo. (de Legibus, i. 13.) From this passage alone, Bentley (Remarks on Freethinking, p. 250) might have learned how firmly Cicero believed in the specious doctrines which he has adorned. The stoic philosophy was first taught at Rome by Panaetius, the friend of the younger Scipio, (see his life in the Mem. de l'Academis des Inscriptions, tom. x. p. 75 - 89.) As he is quoted by Ulpian, (leg.40, 40, ad Sabinum in Pandect. l. xlvii. tit. ii. leg. 21.) Yet Trebatius, after he was a leading civilian, que qui familiam duxit, became an epicurean, (Cicero ad Fam. vii. 5.) Perhaps he was not constant or sincere in his new sect. Gibbon had entirely misunderstood this phrase of Cicero. It was only since his time that the real meaning of the author was apprehended. Cicero, in enumerating the qualifications of Trebatius, says, Accedit etiam, quod familiam ducit in jure civili, singularis memoria, summa scientia, which means that Trebatius possessed a still further most important qualification for a student of civil law, a remarkable memory, etc. This explanation, already conjectured by G. Menage, Amaenit. Juris Civilis, c. 14, is found in the dictionary of Scheller, v. Familia, and in the History of the Roman Law by M. Hugo. Many authors have asserted, without any proof sufficient to warrant the conjecture, that Trebatius was of the school of Epicurus - W. See Gravina (p. 45 - 51) and the ineffectual cavils of Mascou.

Heineccius (Hist. J. R. No. 125) quotes and approves a dissertation of Everard Otto, de Stoica Jurisconsultorum Philosophia. We have heard of the Catonian rule, the Aquilian stipulation, and the Manilian forms, of 211 maxims, and of 247 definitions, (Pandect. l. i. tit. xvi. xvii.) Read Cicero, l. i. de Oratore, Topica, pro Murena. See Pomponius, (de Origine Juris Pandect. l. i. tit. ii. leg. 2, No 47,) Heineccius, (ad Institut. l. i. tit. ii. No. 8, l. ii. tit. xxv. in Element et Antiquitat.,) and Gravina, (p. 41 - 45.) Yet the monopoly of Augustus, a harsh measure, would appear with some softening in contemporary evidence; and it was probably veiled by a decree of the senate The author here follows the then generally received opinion of Heineccius. The proofs which appear to confirm it are l. 2, _ 47, D. I. 2, and _ 8. Instit. I. 2. The first of these passages speaks expressly of a privilege granted to certain lawyers, until the time of Adrian, publice respondendi jus ante Augusti tempora non dabatur. Primus Divus Augustus, ut major juris auctoritas haberetur, constituit, ut ex auctoritate ejus responderent. The passage of the Institutes speaks of the different opinions of those, quibus est permissum jura condere. It is true that the first of these passages does not say that the opinion of these privileged lawyers had the force of a law for the judges. For this reason M. Hugo altogether rejects the opinion adopted by Heineccius, by Bach, and in general by all the writers who preceded him. He conceives that the _ 8 of the Institutes referred to the constitution of Valentinian III., which regulated the respective authority to be ascribed to the different writings of the great civilians. But we have now the following passage in the Institutes of Gaius: Responsa prudentum sunt sententiae et opiniones eorum, quibus permissum est jura condere; quorum omnium si in unum sententiae concorrupt, id quod ita sentiunt, legis vicem obtinet, si vero dissentiunt, judici licet, quam velit sententiam sequi, idque rescripto Divi Hadrian signiticatur. I do not know, how in opposition to this passage, the opinion of M. Hugo can be maintained. We must add to this the passage quoted from Pomponius and from such strong proofs, it seems incontestable that the emperors had granted some kind of privilege to certain civilians, quibus permissum erat jura condere. Their opinion had sometimes the force of law, legis vicem. M. Hugo, endeavoring to reconcile this phrase with his system, gives it a forced interpretation, which quite alters the sense; he supposes that the passage contains no more than what is evident of itself, that the authority of the civilians was to be respected, thus making a privilege of that which was free to all the world. It appears to me almost indisputable, that the emperors had sanctioned certain provisions relative to the authority of these civilians, consulted by the judges. But how far was their advice to be respected? This is a question which it is impossible to answer precisely, from the want of historic evidence. Is it not possible that the emperors established an authority to be consulted by the judges? and in this case this authority must have emanated from certain civilians named for this purpose by the emperors. See Hugo, l. c. Moreover, may not the passage of Suetonius, in the Life of Caligula, where he says that the emperor would no longer permit the civilians to give their advice, mean that Caligula entertained the design of suppressing this institution? See on this passage the Themis, vol. xi. p. 17, 36. Our author not being acquainted with the opinions opposed to Heineccius has not gone to the bottom of the subject. - W. I have perused the Diatribe of Gotfridus Mascovius, the learned Mascou, de Sectis Jurisconsultorum, (Lipsiae, 1728, in 12mo., p. 276,) a learned treatise on a narrow and barren ground. See the character of Antistius Labeo in Tacitus, (Annal. iii. 75,) and in an epistle of Ateius Capito, (Aul. Gellius, xiii. 12,) who accuses his rival of libertas nimia et vecors. Yet Horace would not have lashed a virtuous and respectable senator; and I must adopt the emendation of Bentley, who reads Labieno insanior, (Serm. I. iii. 82.) See Mascou, de Sectis, (c. i. p. 1 - 24.) Justinian (Institut. l. iii. tit. 23, and Theophil. Vers. Graec. p. 677, 680) has commemorated this weighty dispute, and the verses of Homer that were alleged on either side as legal authorities. It was decided by Paul, (leg. 33, ad Edict. in Pandect. l. xviii. tit. i. leg. 1,) since, in a simple exchange, the buyer could not be discriminated from the seller. This controversy was likewise given for the Proculians, to supersede the indecency of a search, and to comply with the aphorism of Hippocrates, who was attached to the septenary number of two weeks of years, or 700 of days, (Institut. l. i. tit. xxii.) Plutarch and the Stoics (de Placit. Philosoph. l. v. c. 24) assign a more natural reason. Fourteen years is the age—peri< h\n oj spermatikonetai ojVrJo>v . See the vestigia of the sects in Mascou, c. ix. p. 145 - 276. The series and conclusion of the sects are described by Mascou, c. ii. - vii. p. 24 - 120;) and it would be almost ridiculous to praise his equal justice to these obsolete sects. The work of Gaius, subsequent to the time of Adrian, furnishes us with some information on this subject. The disputes which rose between these two sects appear to have been very numerous. Gaius avows himself a disciple of Sabinus and of Caius.

Compare Hugo, vol. ii. p. 106. - W. At the first summons he flies to the turbot-council; yet Juvenal (Satir. iv. 75 - 81) styles the praefect or bailiff of Rome sanctissimus legum interpres. From his science, says the old scholiast, he was called, not a man, but a book. He derived the singular name of Pegasus from the galley which his father commanded. Tacit. Annal. xvii. 7. Sueton. in Nerone, c. xxxvii. Mascou, de Sectis, c. viii. p. 120 - 144 de Herciscundis, a legal term which was applied to these eclectic lawyers: herciscere is synonymous to dividere. This word has never existed. Cujacius is the author of it, who read me words terris condi in Servius ad Virg. herciscundi, to which he gave an erroneous interpretation. - W. See the Theodosian Code, l. i. tit. iv. with Godefroy's Commentary, tom. i. p. 30 - 35. ^! This decree might give occasion to Jesuitical disputes like those in the Lettres Provinciales, whether a Judge was obliged to follow the opinion of Papinian, or of a majority, against his judgment, against his conscience, etc. Yet a legislator might give that opinion, however false, the validity, not of truth, but of law. Note:

We possess (since 1824) some interesting information as to the framing of the Theodosian Code, and its ratification at Rome, in the year 438.

M. Closius, now professor at Dorpat in Russia, and M. Peyron, member of the Academy of Turin, have discovered, the one at Milan, the other at Turin, a great part of the five first books of the Code which were wanting, and besides this, the reports (gesta) of the sitting of the senate at Rome, in which the Code was published, in the year after the marriage of Valentinian III. Among these pieces are the constitutions which nominate commissioners for the formation of the Code; and though there are many points of considerable obscurity in these documents, they communicate many facts relative to this legislation. 3. A code, which we possess under the name of Codex Theodosianus, was finished in 438, published in the East, in an ordinance addressed to the Praetorian praefect, Florentinus, and intended to be published in the West. 4. Before it was published in the West, Valentinian submitted it to the senate. There is a report of the proceedings of the senate, which closed with loud acclamations and gratulations. - From Warnkonig, Histoire du Droit Romain, p. 169 - Wenck has published this work, Codicis Theodosiani libri priores. Leipzig, 1825. - M. 1. Imper. Constantinus Aug. ad Maximium Praef. Praetorio.

Perpetuas prudentum contentiones eruere cupientes, Ulpiani ac Pauli, in Papinianum notas, qui dum ingenii laudem sectantur, non tam corrigere eum quam depravere maluerunt, aboleri praecepimus. Dat.

III. Kalend. Octob. Const. Cons. et Crispi, (321.) Idem. Aug. ad Maximium Praef Praet. Universa, quae scriptura Pauli continentur, recepta auctoritate firmanda runt, et omni veneratione celebranda.

Ideoque sententiarum libros plepissima luce et perfectissima elocutione et justissima juris ratione succinctos in judiciis prolatos valere minimie dubitatur. Dat. V. Kalend. Oct. Trovia Coust. et Max. Coss. (327.) - W For the legal labors of Justinian, I have studied the Preface to the Institutes; the 1st, 2d, and 3d Prefaces to the Pandects; the 1st and 2d Preface to the Code; and the Code itself, (l. i. tit. xvii. de Veteri Jure enucleando.) After these original testimonies, I have consulted, among the moderns, Heineccius, (Hist. J. R. No. 383 - 404,) Terasson. (Hist. de la Jurisprudence Romaine, p. 295 - 356,) Gravina, (Opp. p. 93 - 100,) and Ludewig, in his Life of Justinian, (p.19 - 123, 318 - 321; for the Code and Novels, p. 209 - 261; for the Digest or Pandects, p. 262 - 317.) For the character of Tribonian, see the testimonies of Procopius, (Persic. l. i. c. 23, 24. Anecdot. c. 13, 20,) and Suidas, (tom. iii. p. 501, edit. Kuster.) Ludewig (in Vit. Justinian, p. 175 - 209) works hard, very hard, to whitewash - the blackamoor. I apply the two passages of Suidas to the same man; every circumstance so exactly tallies. Yet the lawyers appear ignorant; and Fabricius is inclined to separate the two characters, (Bibliot. Grae. tom. i. p. 341, ii. p. 518, iii. p. 418, xii. p. 346, 353, 474. This story is related by Hesychius, (de Viris Illustribus,) Procopius, (Anecdot. c. 13,) and Suidas, (tom. iii. p. 501.) Such flattery is incredible! - Nihil est quod credere de se Non possit, cum laudatur Diis aequa potestas.

Fontenelle (tom. i. p. 32 - 39) has ridiculed the impudence of the modest Virgil. But the same Fontenelle places his king above the divine Augustus; and the sage Boileau has not blushed to say, “Le destin a ses yeux n'oseroit balancer” Yet neither Augustus nor Louis XIV. were fools. Pa>ndektai (general receivers) was a common title of the Greek miscellanies, (Plin. Praefat. ad Hist. Natur.) The Digesta of Scaevola, Marcellinus, Celsus, were already familiar to the civilians: but Justinian was in the wrong when he used the two appellations as synonymous. Is the word Pandects Greek or Latin - masculine or feminine? The diligent Brenckman will not presume to decide these momentous controversies, (Hist. Pandect. Florentine. p. 200 - 304.) Note: The word was formerly in common use. See the preface is Aulus Gellius - W Angelus Politianus (l. v. Epist. ult.) reckons thirty-seven (p. 192 - 200) civilians quoted in the Pandects - a learned, and for his times, an extraordinary list. The Greek index to the Pandects enumerates thirtynine, and forty are produced by the indefatigable Fabricius, (Bibliot.

Graec. tom. iii. p. 488 - 502.) Antoninus Augustus (de Nominibus Propriis Pandect. apud Ludewig, p. 283) is said to have added fiftyfour names; but they must be vague or second-hand references. The Stecoi< of the ancient Mss. may be strictly defined as sentences or periods of a complete sense, which, on the breadth of the parchment rolls or volumes, composed as many lines of unequal length. The number Stixoi< in each book served as a check on the errors of the scribes, (Ludewig, p. 211 - 215; and his original author Suicer.

Thesaur. Ecclesiast. tom. i. p 1021 - 1036). An ingenious and learned oration of Schultingius (Jurisprudentia Ante- Justinianea, p. 883 - 907) justifies the choice of Tribonian, against the passionate charges of Francis Hottoman and his sectaries. Strip away the crust of Tribonian, and allow for the use of technical words, and the Latin of the Pandects will be found not unworthy of the silver age. It has been vehemently attacked by Laurentius Valla, a fastidious grammarian of the xvth century, and by his apologist Floridus Sabinus. It has been defended by Alciat, and a name less advocate, (most probably James Capellus.) Their various treatises are collected by Duker, (Opuscula de Latinitate veterum Jurisconsultorum, Lugd. Bat. 1721, in 12mo.) Note: Gibbon is mistaken with regard to Valla, who, though he inveighs against the barbarous style of the civilians of his own day, lavishes the highest praise on the admirable purity of the language of the ancient writers on civil law. (M. Warnkonig quotes a long passage of Valla in justification of this observation.) Since his time, this truth has been recognized by men of the highest eminence, such as Erasmus, David Hume and Runkhenius. - W. Nomina quidem veteribus servavimus, legum autem veritatem nostram fecimus. Itaque siquid erat in illis seditiosum, multa autem talia erant ibi reposita, hoc decisum est et definitum, et in perspicuum finem deducta est quaeque lex, (Cod. Justinian. l. i. tit. xvii. leg. 3, No 10.) A frank confession! Seditiosum, in the language of Justinian, means not seditious, but discounted. - W. The number of these emblemata (a polite name for forgeries) is much reduced by Bynkershoek, (in the four last books of his Observations,) who poorly maintains the right of Justinian and the duty of Tribonian. The antinomies, or opposite laws of the Code and Pandects, are sometimes the cause, and often the excuse, of the glorious uncertainty of the civil law, which so often affords what Montaigne calls “Questions pour l'Ami.” See a fine passage of Franciscus Balduinus in Justinian, (l. ii. p. 259, etc., apud Ludewig, p. 305, 306.) When Faust, or Faustus, sold at Paris his first printed Bibles as manuscripts, the price of a parchment copy was reduced from four or five hundred to sixty, fifty, and forty crowns. The public was at first pleased with the cheapness, and at length provoked by the discovery of the fraud, (Mattaire, Annal. Typograph. tom. i. p. 12; first edit.) Among the works which have been recovered, by the persevering and successful endeavors of M. Mai and his followers to trace the imperfectly erased characters of the ancient writers on these Palimpsests, Gibbon at this period of his labors would have hailed with delight the recovery of the Institutes of Gaius, and the fragments of the Theodosian Code, published by M Keyron of Turin. - M. This execrable practice prevailed from the viiith, and more especially from the xiith, century, when it became almost universal (Montfaucon, in the Memoires de l'Academie, tom. vi. p. 606, etc. Bibliotheque Raisonnee de la Diplomatique, tom. i. p. 176.) Pomponius (Pandect. l. i. tit. ii. leg. 2) observes, that of the three founders of the civil law, Mucius, Brutus, and Manilius, extant volumina, scripta Manilii monumenta; that of some old republican lawyers, haec versantur eorum scripta inter manus hominum. Eight of the Augustan sages were reduced to a compendium: of Cascellius, scripta non extant sed unus liber, etc.; of Trebatius, minus frequentatur; of Tubero, libri parum grati sunt. Many quotations in the Pandects are derived from books which Tribonian never saw; and in the long period from the viith to the xiiith century of Rome, the apparent reading of the moderns successively depends on the knowledge and veracity of their predecessors. All, in several instances, repeat the errors of the scribe and the transpositions of some leaves in the Florentine Pandects. This fact, if it be true, is decisive. Yet the Pandects are quoted by Ivo of Chartres, (who died in 1117,) by Theobald, archbishop of Canterbury, and by Vacarius, our first professor, in the year 1140, (Selden ad Fletam, c. 7, tom. ii. p. 1080 - 1085.) Have our British Mss. of the Pandects been collated? See the description of this original in Brenckman, (Hist. Pandect.

Florent. l. i. c. 2, 3, p. 4 - 17, and l. ii.) Politian, an enthusiast, revered it as the authentic standard of Justinian himself, (p. 407, 408;) but this paradox is refuted by the abbreviations of the Florentine Ms. (l. ii. c. 3, p. 117 - 130.) It is composed of two quarto volumes, with large margins, on a thin parchment, and the Latin characters betray the band of a Greek scribe. Brenckman, at the end of his history, has inserted two dissertations on the republic of Amalphi, and the Pisan war in the year 1135, etc. The discovery of the Pandects at Amalphi (A. D 1137) is first noticed (in 1501) by Ludovicus Bologninus, (Brenckman, l. i. c. 11, p. 73, 74, l. iv. c. 2, p. 417 - 425,) on the faith of a Pisan chronicle, (p. 409, 410,) without a name or a date. The whole story, though unknown to the xiith century, embellished by ignorant ages, and suspected by rigid criticism, is not, however, destitute of much internal probability, (l. i. c. 4 - 8, p. 17 - 50.) The Liber Pandectarum of Pisa was undoubtedly consulted in the xivth century by the great Bartolus, (p. 406, 407. See l. i. c. 9, p. 50 - 62.) Note: Savigny (vol. iii. p. 83, 89) examines and rejects the whole story. See likewise Hallam vol. iii. p. 514. - M. Pisa was taken by the Florentines in the year 1406; and in 1411 the Pandects were transported to the capital. These events are authentic and famous. They were new bound in purple, deposited in a rich casket, and shown to curious travellers by the monks and magistrates bareheaded, and with lighted tapers, (Brenckman, l. i. c. 10, 11, 12, p. 62 - 93.) After the collations of Politian, Bologninus, and Antoninus Augustinus, and the splendid edition of the Pandects by Taurellus, (in 1551,) Henry Brenckman, a Dutchman, undertook a pilgrimage to Florence, where he employed several years in the study of a single manuscript. His Historia Pandectarum Florentinorum, (Utrecht, 1722, in 4to.,) though a monument of industry, is a small portion of his original design. Cru>sea calkei>wn eJkato>mzoiJ eJnneazoijwn apud Homerum patrem omnis virtutis, (1st Praefat. ad Pandect.) A line of Milton or Tasso would surprise us in an act of parliament. Quae omnia obtinere sancimus in omne aevum. Of the first Code, he says, (2d Praefat.,) in aeternum valiturum. Man and forever! Novellae is a classic adjective, but a barbarous substantive, (Ludewig, p. 245.) Justinian never collected them himself; the nine collations, the legal standard of modern tribunals, consist of ninety-eight Novels; but the number was increased by the diligence of Julian, Haloander, and Contius, (Ludewig, p. 249, 258 Aleman. Not in Anecdot. p. 98.) Montesquieu, Considerations sur la Grandeur et la Decadence des Romains, c. 20, tom. iii. p. 501, in 4to. On this occasion he throws aside the gown and cap of a President a Mortier. Procopius, Anecdot. c. 28. A similar privilege was granted to the church of Rome, (Novel. ix.) For the general repeal of these mischievous indulgences, see Novel. cxi. and Edict. v. Lactantius, in his Institutes of Christianity, an elegant and specious work, proposes to imitate the title and method of the civilians. Quidam prudentes et arbitri aequitatis Institutiones Civilis Juris compositas ediderunt, (Institut. Divin. l. i. c. 1.) Such as Ulpian, Paul, Florentinus, Marcian. The emperor Justinian calls him suum, though he died before the end of the second century. His Institutes are quoted by Servius, Boethius, Priscian, etc.; and the Epitome by Arrian is still extant. (See the Prolegomena and notes to the edition of Schulting, in the Jurisprudentia Ante-Justinianea, Lugd. Bat. 1717. Heineccius, Hist. J R No. 313.

Ludewig, in Vit. Just. p. 199.) Gibbon, dividing the Institutes into four parts, considers the appendix of the criminal law in the last title as a fourth part. - W. See the Annales Politiques de l'Abbe de St. Pierre, tom. i. p. 25 who dates in the year 1735. The most ancient families claim the immemorial possession of arms and fiefs. Since the Crusades, some, the most truly respectable, have been created by the king, for merit and services. The recent and vulgar crowd is derived from the multitude of venal offices without trust or dignity, which continually ennoble the wealthy plebeians. Since the time of Gibbon, the House of Peers has been more than doubled: it is above 400, exclusive of the spiritual peers - a wise policy to increase the patrician order in proportion to the general increase of the nation. - M. If the option of a slave was bequeathed to several legatees, they drew lots, and the losers were entitled to their share of his value; ten pieces of gold for a common servant or maid under ten years: if above that age, twenty; if they knew a trade, thirty; notaries or writers, fifty; midwives or physicians, sixty; eunuchs under ten years, thirty pieces; above, fifty; if tradesmen, seventy, (Cod. l. vi. tit. xliii. leg. 3.) These legal prices are generally below those of the market. For the state of slaves and freedmen, see Institutes, l. i. tit. iii. - viii. l. ii. tit. ix. l. iii. tit. viii. ix. Pandects or Digest, l. i. tit. v. vi. l. xxxviii. tit. i. - iv., and the whole of the xlth book. Code, l. vi. tit. iv. v. l. vii. tit. i. - xxiii. Be it henceforward understood that, with the original text of the Institutes and Pandects, the correspondent articles in the Antiquities and Elements of Heineccius are implicitly quoted; and with the xxvii. first books of the Pandects, the learned and rational Commentaries of Gerard Noodt, (Opera, tom. ii. p. 1 - 590, the end. Lugd. Bat. 1724.) See the patria potestas in the Institutes, (l. i. tit. ix.,) the Pandects, (l. i. tit. vi. vii.,) and the Code, (l. viii. tit. xlvii. xlviii. xlix.) Jus potestatis quod in liberos habemus proprium est civium Romanorum. Nulli enim alii sunt homines, qui talem in liberos habeant potestatem qualem nos habemus. The newly-discovered Institutes of Gaius name one nation in which the same power was vested in the parent. Nec me praeterit Galatarum gentem credere, in potestate parentum liberos esse. Gaii Instit. edit. 1824, p. 257. - M. Dionysius Hal. l. ii. p. 94, 95. Gravina (Opp. p. 286) produces the words of the xii. tables. Papinian (in Collatione Legum Roman et Mosaicarum, tit. iv. p. 204) styles this patria potestas, lex regia: Ulpian (ad Sabin. l. xxvi. in Pandect. l. i. tit. vi. leg. 8) says, jus potestatis moribus receptum; and furiosus filium in potestate habebit How sacred - or rather, how absurd! All this is in strict accordance with the Roman character. - W. This parental power was strictly confined to the Roman citizen. The foreigner, or he who had only jus Latii, did not possess it. If a Roman citizen unknowingly married a Latin or a foreign wife, he did not possess this power over his son, because the son, following the legal condition of the mother, was not a Roman citizen. A man, however, alleging sufficient cause for his ignorance, might raise both mother and child to the rights of citizenship. Gaius. p. 30. - M. Pandect. l. xlvii. tit. ii. leg. 14, No. 13, leg. 38, No. 1. Such was the decision of Ulpian and Paul. The trina mancipatio is most clearly defined by Ulpian, (Fragment. x. p. 591, 592, edit. Schulting;) and best illustrated in the Antiquities of Heineccius. The son of a family sold by his father did not become in every respect a slave, he was statu liber; that is to say, on paying the price for which he was sold, he became entirely free. See Hugo, Hist.

Section 61 - W. By Justinian, the old law, the jus necis of the Roman father (Institut. l. iv. tit. ix. No. 7) is reported and reprobated. Some legal vestiges are left in the Pandects (l. xliii. tit. xxix. leg. 3, No. 4) and the Collatio Legum Romanarum et Mosaicarum, (tit. ii. No. 3, p. 189.) Except on public occasions, and in the actual exercise of his office. In publicis locis atque muneribus, atque actionibus patrum, jura cum filiorum qui in magistratu sunt potestatibus collata interquiescere paullulum et connivere, etc., (Aul. Gellius, Noctes Atticae, ii. 2.) The Lessons of the philosopher Taurus were justified by the old and memorable example of Fabius; and we may contemplate the same story in the style of Livy (xxiv. 44) and the homely idiom of Claudius Quadri garius the annalist. See the gradual enlargement and security of the filial peculium in the Institutes, (l. ii. tit. ix.,) the Pandects, (l. xv. tit. i. l. xli. tit. i.,) and the Code, (l. iv. tit. xxvi. xxvii.) The examples of Erixo and Arius are related by Seneca, (de Clementia, i. 14, 15,) the former with horror, the latter with applause. Quod latronis magis quam patris jure eum interfecit, nam patria potestas in pietate debet non in atrocitate consistere, (Marcian. Institut. l. xix. in Pandect. l. xlviii. tit. ix. leg.5.) The Pompeian and Cornelian laws de sicariis and parricidis are repeated, or rather abridged, with the last supplements of Alexander Severus, Constantine, and Valentinian, in the Pandects (l. xlviii. tit. viii ix,) and Code, (l. ix. tit. xvi. xvii.) See likewise the Theodosian Code, (l. ix. tit. xiv. xv.,) with Godefroy's Commentary, (tom. iii. p. 84 - 113) who pours a flood of ancient and modern learning over these penal laws. When the Chremes of Terence reproaches his wife for not obeying his orders and exposing their infant, he speaks like a father and a master, and silences the scruples of a foolish woman. See Apuleius, (Metamorph. l. x. p. 337, edit. Delphin.) The opinion of the lawyers, and the discretion of the magistrates, had introduced, in the time of Tacitus, some legal restraints, which might support his contrast of the boni mores of the Germans to the bonae leges alibi - that is to say, at Rome, (de Moribus Germanorum, c. 19.)

Tertullian (ad Nationes, l. i. c. 15) refutes his own charges, and those of his brethren, against the heathen jurisprudence. The wise and humane sentence of the civilian Paul (l. ii. Sententiarum in Pandect, 1. xxv. tit. iii. leg. 4) is represented as a mere moral precept by Gerard Noodt, (Opp. tom. i. in Julius Paulus, p. 567 - 558, and Amica Responsio, p. 591 - 606,) who maintains the opinion of Justus Lipsius, (Opp. tom. ii. p. 409, ad Belgas. cent. i. epist. 85,) and as a positive binding law by Bynkershoek, (de Jure occidendi Liberos, Opp. tom. i. p. 318 - 340. Curae Secundae, p. 391 - 427.) In a learned out angry controversy, the two friends deviated into the opposite extremes. Dionys. Hal. l. ii. p. 92, 93. Plutarch, in Numa, p. 140-141. To< sw~ma kai< to< h+qov ka>qaron kai< a]qikton ejpi< tw~| gamou~nti ge>nesqai. Among the winter frunenta, the triticum, or bearded wheat; the siligo, or the unbearded; the far, adorea, oryza, whose description perfectly tallies with the rice of Spain and Italy. I adopt this identity on the credit of M. Paucton in his useful and laborious Metrologie, (p. 517 - 529.) Aulus Gellius (Noctes Atticae, xviii. 6) gives a ridiculous definition of Aelius Melissus, Matrona, quae semel materfamilias quae saepius peperit, as porcetra and scropha in the sow kind. He then adds the genuine meaning, quae in matrimonium vel in manum convenerat. It was enough to have tasted wine, or to have stolen the key of the cellar, (Plin. Hist. Nat. xiv. 14.) Solon requires three payments per month. By the Misna, a daily debt was imposed on an idle, vigorous, young husband; twice a week on a citizen; once on a peasant; once in thirty days on a camel-driver; once in six months on a seaman. But the student or doctor was free from tribute; and no wife, if she received a weekly sustenance, could sue for a divorce; for one week a vow of abstinence was allowed. Polygamy divided, without multiplying, the duties of the husband, (Selden, Uxor Ebraica, l. iii. c 6, in his works, vol ii. p. 717 - 720.) On the Oppian law we may hear the mitigating speech of Vaerius Flaccus, and the severe censorial oration of the elder Cato, (Liv. xxxiv. l - 8.) But we shall rather hear the polished historian of the eighth, than the rough orators of the sixth, century of Rome. The principles, and even the style, of Cato are more accurately preserved by Aulus Gellius, (x. 23.) For the system of Jewish and Catholic matrimony, see Selden, Uxor Ebraica, Opp. vol. ii. p. 529 - 860,) Bingham, (Christian Antiquities, l. xxii.,) and Chardon, (Hist. des Sacremens, tom. vi.) The civil laws of marriage are exposed in the Institutes, (l. i. tit. x.,) the Pandects, (l. xxiii. xxiv. xxv.,) and the Code, (l. v.;) but as the title de ritu nuptiarum is yet imperfect, we are obliged to explore the fragments of Ulpian (tit. ix. p. 590, 591,) and the Collatio Legum Mosaicarum, (tit. xvi. p. 790, 791,) with the notes of Pithaeus and Schulting. They find in the Commentary of Servius (on the 1st Georgia and the 4th Aeneid) two curious passages. According to Plutarch, (p. 57,) Romulus allowed only three grounds of a divorce - drunkenness, adultery, and false keys. Otherwise, the husband who abused his supremacy forfeited half his goods to the wife, and half to the goddess Ceres, and offered a sacrifice (with the remainder?) to the terrestrial deities. This strange law was either imaginary or transient. Montesquieu relates and explains this fact in a different marnes Esprit des Loix, l. xvi. c. 16. - G. In the year of Rome 523, Spurius Carvilius Ruga repudiated a fair, a good, but a barren, wife, (Dionysius Hal. l. ii. p. 93. Plutarch, in Numa, p. 141; Valerius Maximus, l. ii. c. 1; Aulus Gellius, iv. 3.) He was questioned by the censors, and hated by the people; but his divorce stood unimpeached in law. - Sic fiunt octo marit Quinque per autumnos. Juvenal, Satir. vi. 20.

A rapid succession, which may yet be credible, as well as the non consulum numero, sed maritorum annos suos computant, of Seneca, (de Beneficiis, iii. 16.) Jerom saw at Rome a triumphant husband bury his twenty-first wife, who had interred twenty-two of his less sturdy predecessors, (Opp. tom. i. p. 90, ad Gerontiam.) But the ten husbands in a month of the poet Martial, is an extravagant hyperbole, (l. 71. epigram 7.) Sacellum Viriplacae, (Valerius Maximus, l. ii. c. 1,) in the Palatine region, appears in the time of Theodosius, in the description of Rome by Publius Victor. Valerius Maximus, l. ii. c. 9. With some propriety he judges divorce more criminal than celibacy: illo namque conjugalia sacre spreta tantum, hoc etiam injuriose tractata. See the laws of Augustus and his successors, in Heineccius, ad Legem Papiam-Poppaeam, c. 19, in Opp. tom. vi. P. i. p. 323 - 333. Aliae sunt leges Caesarum, aliae Christi; aliud Papinianus, aliud Paulus nocter praecipit, (Jerom. tom. i. p. 198. Selden, Uxor Ebraica l. iii. c. 31 p. 847 - 853.) The Institutes are silent; but we may consult the Codes of Theodosius (l. iii. tit. xvi., with Godefroy's Commentary, tom. i. p. 310 - 315) and Justinian, (l. v. tit. xvii.,) the Pandects (l. xxiv. tit. ii.) and the Novels, (xxii. cxvii. cxxvii. cxxxiv. cxl.) Justinian fluctuated to the last between civil and ecclesiastical law. In pure Greek, pornei>a it is not a common word; nor can the proper meaning, fornication, be strictly applied to matrimonial sin. In a figurative sense, how far, and to what offences, may it be extended?

Did Christ speak the Rabbinical or Syriac tongue? Of what original word is the translation? How variously is that Greek word translated in the versions ancient and modern! There are two (Mark, x. 11, Luke, xvi. 18) to one (Matthew, xix. 9) that such ground of divorce was not excepted by Jesus. Some critics have presumed to think, by an evasive answer, he avoided the giving offence either to the school of Sammai or to that of Hillel, (Selden, Uxor Ebraica, l. iii. c. 18 - 22, 28, 31.) But these had nothing to do with the question of a divorce made by judicial authority. - Hugo. The principles of the Roman jurisprudence are exposed by Justinian, (Institut. t. i. tit. x.;) and the laws and manners of the different nations of antiquity concerning forbidden degrees, etc., are copiously explained by Dr. Taylor in his Elements of Civil Law, (p. 108, 314 - 339,) a work of amusing, though various reading; but which cannot be praised for philosophical precision. According to the earlier law, (Gaii Instit. p. 27,) a man might marry his niece on the brother's, not on the sister's, side. The emperor Claudius set the example of the former. In the Institutes, this distinction was abolished and both declared illegal. - M. When her father Agrippa died, (A.D. 44,) Berenice was sixteen years of age, (Joseph. tom. i. Antiquit. Judaic. l. xix. c. 9, p. 952, edit.

Havercamp.) She was therefore above fifty years old when Titus (A.D. 79) invitus invitam invisit. This date would not have adorned the tragedy or pastoral of the tender Racine. The Aegyptia conjux of Virgil (Aeneid, viii. 688) seems to be numbered among the monsters who warred with Mark Antony against Augustus, the senate, and the gods of Italy. The Edict of Constantine first conferred this right; for Augustus had prohibited the taking as a concubine a woman who might be taken as a wife; and if marriage took place afterwards, this marriage made no change in the rights of the children born before it; recourse was then had to adoption, properly called arrogation. - G. The humble but legal rights of concubines and natural children are stated in the Institutes, (l. i. tit. x.,) the Pandects, (l. i. tit. vii.,) the Code, (l. v. tit. xxv.,) and the Novels, (lxxiv. lxxxix.) The researches of Heineccius and Giannone, (ad Legem Juliam et Papiam-Poppaeam, c. iv. p. 164 - 175. Opere Posthume, p. 108 - 158) illustrate this interesting and domestic subject. See, however, the two fragments of laws in the newly discovered extracts from the Theodosian Code, published by M. A. Peyron, at Turin. By the first law of Constantine, the legitimate offspring could alone inherit; where there were no near legitimate relatives, the inheritance went to the fiscus. The son of a certain Licinianus, who had inherited his father's property under the supposition that he was legitimate, and had been promoted to a place of dignity, was to be degraded, his property confiscated, himself punished with stripes and imprisonment. By the second, all persons, even of the highest rank, senators, perfectissimi, decemvirs, were to be declared infamous, and out of the protection of the Roman law, if born ex ancilla, vel ancillae filia, vel liberta, vel libertae filia, sive Romana facta, seu Latina, vel scaenicae filia, vel ex tabernaria, vel ex tabernariae filia, vel humili vel abjecta, vel lenonis, aut arenarii filia, vel quae mercimoniis publicis praefuit. Whatever a fond father had conferred on such children was revoked, and either restored to the legitimate children, or confiscated to the state; the mothers, who were guily of thus poisoning the minds of the fathers, were to be put to the torture (tormentis subici jubemus.)

The unfortunate son of Licinianus, it appears from this second law, having fled, had been taken, and was ordered to be kept in chains to work in the Gynaeceum at Carthage. Cod. Theodor ab. A. Person, 87 - 90. - M. See the article of guardians and wards in the Institutes, (l. i. tit. xiii. - xxvi.,) the Pandects, (l. xxvi. xxvii.,) and the Code, (l. v. tit. xxviii. - lxx.) Gibbon accuses the civilians of having “rashly fixed the age of puberty at twelve or fourteen years.” It was not so; before Justinian, no law existed on this subject. Ulpian relates the discussions which took place on this point among the different sects of civilians. See the Institutes, l. i. tit. 22, and the fragments of Ulpian. Nor was the curatorship obligatory for all minors. - W. Institut. l. ii. tit i. ii. Compare the pure and precise reasoning of Caius and Heineccius (l. ii. tit. i. p. 69 - 91) with the loose prolixity of Theophilus, (p. 207 - 265.) The opinions of Ulpian are preserved in the Pandects, (l. i. tit. viii. leg. 41, No. 1.) The heredium of the first Romans is defined by Varro, (de Re Rustica, l. i. c. ii. p. 141, c. x. p. 160, 161, edit. Gesner,) and clouded by Pliny's declamation, (Hist. Natur. xviii. 2.) A just and learned comment is given in the Administration des Terres chez les Romains, (p. 12 - 66.)

Note: On the duo jugera, compare Niebuhr, vol. i. p. 337. - M. The res mancipi is explained from faint and remote lights by Ulpian (Fragment. tit. xviii. p. 618, 619) and Bynkershoek, (Opp tom. i. p. - 315.) The definition is somewhat arbitrary; and as none except myself have assigned a reason, I am diffident of my own. From this short prescription, Hume (Essays, vol. i. p. 423) infers that there could not then be more order and settlement in Italy than now amongst the Tartars. By the civilian of his adversary Wallace, he is reproached, and not without reason, for overlooking the conditions, (Institut. l. ii. tit. vi.) The praetors changed the system of property by allowing a person, who had a thing in bonis, the right to recover before the prescribed term of usucaption had conferred absolute proprietorship. (Pauliana in rem actio.) Justinian went still further, in times when there was no longer any distinction between a Roman citizen and a stranger. He granted the right of recovering all things which had been acquired, whether by what were called civil or natural modes of acquisition, Cod. l. vii. t. 25, 31. And he so altered the theory of Gaius in his Institutes, ii. 1, that no trace remains of the doctrine taught by that civilian. - W. See the Institutes (l. i. tit. iv. v.) and the Pandects, (l. vii.) Noodt has composed a learned and distinct treatise de Usufructu, (Opp. tom. i. p. 387 - 478.) The questions de Servitutibus are discussed in the Institutes (l. ii. tit. iii.) and Pandects, (l. viii.) Cicero (pro Murena, c. 9) and Lactantius (Institut. Divin. l. i. c. i.) affect to laugh at the insignificant doctrine, de aqua de pluvia arcenda, etc. Yet it might be of frequent use among litigious neighbors, both in town and country. Among the patriarchs, the first-born enjoyed a mystic and spiritual primogeniture, (Genesis, xxv. 31.) In the land of Canaan, he was entitled to a double portion of inheritance, (Deuteronomy, xxi. 17, with Le Clerc's judicious Commentary.) At Athens, the sons were equal; but the poor daughters were endowed at the discretion of their brothers. See the klhrikoi> pleadings of Isaeus, (in the viith volume of the Greek Orators,) illustrated by the version and comment of Sir William Jones, a scholar, a lawyer, and a man of genius. In England, the eldest son also inherits all the land; a law, says the orthodox Judge Blackstone, (Commentaries on the Laws of England, vol. ii. p. 215,) unjust only in the opinion of younger brothers. It may be of some political use in sharpening their industry. Blackstone's Tables (vol. ii. p. 202) represent and compare the decrees of the civil with those of the canon and common law. A separate tract of Julius Paulus, de gradibus et affinibus, is inserted or abridged in the Pandects, (l. xxxviii. tit. x.) In the viith degrees he computes (No. 18) 1024 persons. The Voconian law was enacted in the year of Rome 584. The younger Scipio, who was then 17 years of age, (Frenshemius, Supplement.

Livian. xlvi. 40,) found an occasion of exercising his generosity to his mother, sisters, etc. (Polybius, tom. ii. l. xxxi. p. 1453 - 1464, edit Gronov., a domestic witness.) Legem Voconiam (Ernesti, Clavis Ciceroniana) magna voce bonis lateribus (at lxv. years of age) suasissem, says old Cato, (de Senectute, c. 5,) Aulus Gellius (vii. 13, xvii. 6) has saved some passages. See the law of succession in the Institutes of Caius, (l. ii. tit. viii. p. - 144,) and Justinian, (l. iii. tit. i. - vi., with the Greek version of Theophilus, p. 515 - 575, 588 - 600,) the Pandects, (l. xxxviii. tit. vi. - xvii.,) the Code, (l. vi. tit. lv. - lx.,) and the Novels, (cxviii.) That succession was the rule, testament the exception, is proved by Taylor, (Elements of Civil Law, p. 519 - 527, (a learned, rambling, spirited writer. In the iid and iiid books, the method of the Institutes is doubtless preposterous; and the Chancellor Daguesseau (Oeuvres, tom. i. p. 275) wishes his countryman Domat in the place of Tribonian. Yet covenants before successions is not surely the natural order of civil laws. Prior examples of testaments are perhaps fabulous. At Athens a childless father only could make a will, (Plutarch, in Solone, tom. i. p. 164. See Isaeus and Jones.) The testament of Augustus is specified by Suetonius, (in August, c. 101, in Neron. c. 4,) who may be studied as a code of Roman antiquities. Plutarch (Opuscul. tom. ii. p. 976) is surprised o[tan de< diaqh>kav gra>fwsin, eJte>rouv mepousi klhrono>mouv, e[teoi de< pwlou~si taav . The language of Ulpian (Fragment. tit. xx. p. 627, edit. Schulting) is almost too exclusive - solum in usu est. Justinian (Novell. cxv. No. 3, 4) enumerates only the public and private crimes, for which a son might likewise disinherit his father. Note:

Gibbon has singular notions on the provisions of Novell. cxv. 3, 4, which probably he did not clearly understand. - W The substitutions of fidei-commissaires of the modern civil law is a feudal idea grafted on the Roman jurisprudence, and bears scarcely any resemblance to the ancient fidei-commissa, (Institutions du Droit Francois, tom. i. p. 347 - 383. Denissart, Decisions de Jurisprudence, tom. iv. p. 577 - 604.) They were stretched to the fourth degree by an abuse of the clixth Novel; a partial, perplexed, declamatory law. Dion Cassius (tom. ii. l. lvi. p. 814, with Reimar's Notes) specifies in Greek money the sum of 25,000 drachms. The revolutions of the Roman laws of inheritance are finely, though sometimes fancifully, deduced by Montesquieu, (Esprit des Loix, l. xxvii.) Of the civil jurisprudence of successions, testaments, codicils, legacies, and trusts, the principles are ascertained in the Institutes of Caius, (l. ii. tit. ii. - ix. p. 91 - 144,) Justinian, (l. ii. tit. x. - xxv.,) and Theophilus, (p. 328 - 514;) and the immense detail occupies twelve books (xxviii. - xxxix.) of the Pandects. The Institutes of Caius, (l. ii. tit. ix. x. p. 144 - 214,) of Justinian, (l. iii. tit. xiv. - xxx. l. iv. tit. i. - vi.,) and of Theophilus, (p. 616 - 837,) distinguish four sorts of obligations - aut re, aut verbis, aut literis aut consensu: but I confess myself partial to my own division. Note: It is not at all applicable to the Roman system of contracts, even if I were allowed to be good. - M. How much is the cool, rational evidence of Polybius (l. vi. p. 693, l. xxxi. p. 1459, 1460) superior to vague, indiscriminate applause - omnium maxime et praecipue fidem coluit, (A. Gellius, xx. l.) The Jus Praetorium de Pactis et Transactionibus is a separate and satisfactory treatise of Gerard Noodt, (Opp. tom. i. p. 483 - 564.) And I will here observe, that the universities of Holland and Brandenburg, in the beginning of the present century, appear to have studied the civil law on the most just and liberal principles. Simple agreements (pacta) formed as valid an obligation as a solemn contract. Only an action, or the right to a direct judicial prosecution, was not permitted in every case of compact. In all other respects, the judge was bound to maintain an agreement made by pactum. The stipulation was a form common to every kind of agreement, by which the right of action was given to this. - W. The nice and various subject of contracts by consent is spread over four books (xvii. - xx.) of the Pandects, and is one of the parts best deserving of the attention of an English student. This is erroneously called “benefits.” Gibbon enumerates various kinds of contracts, of which some alone are properly called benefits. - W. The covenants of rent are defined in the Pandects (l. xix.) and the Code, (l. iv. tit. lxv.) The quinquennium, or term of five years, appears to have been a custom rather than a law; but in France all leases of land were determined in nine years. This limitation was removed only in the year 1775, (Encyclopedie Methodique, tom. i. de la Jurisprudence, p. 668, 669;) and I am sorry to observe that it yet prevails in the beauteous and happy country where I am permitted to reside. I might implicitly acquiesce in the sense and learning of the three books of G. Noodt, de foenore et usuris. (Opp. tom. i. p. 175 - 268.) The interpretation of the asses or centesimoe usuroe at twelve, the unciarioe at one per cent., is maintained by the best critics and civilians: Noodt, (l. ii. c. 2, p. 207,) Gravina, (Opp. p. 205, etc., 210,) Heineccius, (Antiquitat. ad Institut. l. iii. tit. xv.,) Montesquieu, (Esprit des Loix, l. xxii. c. 22, tom. ii. p. 36. Defense de l'Esprit des Loix, tom. iii. p. 478, etc.,) and above all, John Frederic Gronovius (de Pecunia Veteri, l. iii. c. 13, p. 213 - 227, and his three Antexegeses, p. 455 - 655, the founder, or at least the champion, of this probable opinion; which is, however, perplexed with some difficulties. Primo xii. Tabulis sancitum est ne quis unciario foenore amplius exerceret, (Tacit. Annal. vi. 16.) Pour peu (says Montesquieu, Esprit des Loix, l. xxii. 22) qu'on soit verse dans l'histoire de Rome, on verra qu'une pareille loi ne devoit pas etre l'ouvrage des decemvirs. Was Tacitus ignorant - or stupid? But the wiser and more virtuous patricians might sacrifice their avarice to their ambition, and might attempt to check the odious practice by such interest as no lender would accept, and such penalties as no debtor would incur. The real nature of the foenus unciarium has been proved; it amounted in a year of twelve months to ten per cent. See, in the Magazine for Civil Law, by M.

Hugo, vol. v. p. 180, 184, an article of M. Schrader, following up the conjectures of Niebuhr, Hist. Rom. tom. ii. p. 431. - W. Compare a very clear account of this question in the appendix to Mr. Travers Twiss's Epitome of Niebuhr, vol. ii. p. 257. - M. Justinian has not condescended to give usury a place in his Institutes; but the necessary rules and restrictions are inserted in the Pandects (l. xxii. tit. i. ii.) and the Code, (l. iv. tit. xxxii. xxxiii.) The Fathers are unanimous, (Barbeyrac, Morale des Peres, p. 144. etc.:) Cyprian, Lactantius, Basil, Chrysostom, (see his frivolous arguments in Noodt, l. i. c. 7, p. 188,) Gregory of Nyssa, Ambrose, Jerom, Augustin, and a host of councils and casuists. Cato, Seneca, Plutarch, have loudly condemned the practice or abuse of usury. According to the etymology of foenus, the principal is supposed to generate the interest: a breed of barren metal, exclaims Shakespeare - and the stage is the echo of the public voice. Sir William Jones has given an ingenious and rational Essay on the law of Bailment, (London, 1781, p. 127, in 8vo.) He is perhaps the only lawyer equally conversant with the year-books of Westminster, the Commentaries of Ulpian, the Attic pleadings of Isaeus, and the sentences of Arabian and Persian cadhis. Noodt (Opp. tom. i. p. 137 - 172) has composed a separate treatise, ad Legem Aquilian, (Pandect. l. ix. tit. ii.) Aulus Gellius (Noct. Attic. xx. i.) borrowed this story from the Commentaries of Q. Labeo on the xii. tables. The narrative of Livy (i. 28) is weighty and solemn. At tu, Albane, maneres, is a harsh reflection, unworthy of Virgil's humanity, (Aeneid, viii. 643.) Heyne, with his usual good taste, observes that the subject was too horrid for the shield of Aencas, (tom. iii. p. 229.) The age of Draco (Olympiad xxxix. l) is fixed by Sir John Marsham (Canon Chronicus, p. 593 - 596) and Corsini, (Fasti Attici, tom. iii. p. 62.) For his laws, see the writers on the government of Athens, Sigonius, Meursius, Potter, etc. The viith, de delictis, of the xii. tables is delineated by Gravina, (Opp. p. 292, 293, with a commentary, p. 214 - 230.) Aulus Gellius (xx. 1) and the Collatio Legum Mosaicarum et Romanarum afford much original information. Livy mentions two remarkable and flagitious aeras, of 3000 persons accused, and of 190 noble matrons convicted, of the crime of poisoning, (xl. 43, viii. 18.) Mr. Hume discriminates the ages of private and public virtue, (Essays, vol. i. p. 22, 23.) I would rather say that such ebullitions of mischief (as in France in the year 1680) are accidents and prodigies which leave no marks on the manners of a nation. The xii. tables and Cicero (pro Roscio Amerino, c. 25, 26) are content with the sack; Seneca (Excerpt. Controvers. v 4) adorns it with serpents; Juvenal pities the guiltless monkey (innoxia simia - 156.)

Adrian (apud Dositheum Magistrum, l. iii. c. p. 874 - 876, with Schulting's Note,) Modestinus, (Pandect. xlviii. tit. ix. leg. 9,) Constantine, (Cod. l. ix. tit. xvii.,) and Justinian, (Institut. l. iv. tit. xviii.,) enumerate all the companions of the parricide. But this fanciful execution was simplified in practice. Hodie tamen viv exuruntur vel ad bestias dantur, (Paul. Sentent. Recept. l. v. tit. xxiv p. 512, edit.

Schulting.) The first parricide at Rome was L. Ostius, after the second Punic war, (Plutarch, in Romulo, tom. i. p. 54.) During the Cimbric, P. Malleolus was guilty of the first matricide, (Liv. Epitom. l. lxviii.) Horace talks of the formidine fustis, (l. ii. epist. ii. 154,) but Cicero (de Republica, l. iv. apud Augustin. de Civitat. Dei, ix. 6, in Fragment.

Philosoph. tom. iii. p. 393, edit. Olivet) affirms that the decemvirs made libels a capital offence: cum perpaucas res capite sanxisent - perpaucus! Bynkershoek (Observat. Juris Rom. l. i. c. 1, in Opp. tom. i. p. 9, 10, 11) labors to prove that the creditors divided not the body, but the price, of the insolvent debtor. Yet his interpretation is one perpetual harsh metaphor; nor can he surmount the Roman authorities of Quintilian, Caecilius, Favonius, and Tertullian. See Aulus Gellius, Noct.

Attic. xxi. Hugo (Histoire du Droit Romain, tom. i. p. 234) concurs with Gibbon See Niebuhr, vol. ii. p. 313. - M. The first speech of Lysias (Reiske, Orator. Graec. tom. v. p. 2 - 48) is in defence of a husband who had killed the adulterer. The rights of husbands and fathers at Rome and Athens are discussed with much learning by Dr. Taylor, (Lectiones Lysiacae, c. xi. in Reiske, tom. vi. p. 301 - 308.) See Casaubon ad Athenaeum, l. i. c. 5, p. 19. Percurrent raphanique mugilesque, (Catull. p. 41, 42, edit. Vossian.) Hunc mugilis intrat, (Juvenal. Satir. x. 317.) Hunc perminxere calones, (Horat l. i. Satir. ii. 44.) Familiae stuprandum dedit . . fraudi non fuit, (Val. Maxim. l. vi. c. l, No. 13.) This law is noticed by Livy (ii. 8) and Plutarch, (in Publiccla, tom. i. p. 187,) and it fully justifies the public opinion on the death of Caesar which Suetonius could publish under the Imperial government. Jure caesus existimatur, (in Julio, c. 76.) Read the letters that passed between Cicero and Matius a few months after the ides of March (ad Fam. xi. 27, 28.) Prw~toi de< Aqhnai~oi to>n te si>dhron kate>qento .Thucydid. l. i. c. 6 The historian who considers this circumstance as the test of civilization, would disdain the barbarism of a European court He first rated at millies (800,000l.) the damages of Sicily, (Divinatio in Caecilium, c. 5,) which he afterwards reduced to quadringenties, (320,000l. - 1 Actio in Verrem, c. 18,) and was finally content with tricies, (24,000l.) Plutarch (in Ciceron. tom. iii. p. 1584) has not dissembled the popular suspicion and report. Verres lived near thirty years after his trial, till the second triumvirate, when he was proscribed by the taste of Mark Antony for the sake of his Corinthian plate, (Plin. Hist. Natur. xxxiv. 3.) Such is the number assigned by Valer'us Maximus, (l. ix. c. 2, No. 1,) Florus (iv. 21) distinguishes 2000 senators and knights. Appian (de Bell. Civil. l. i. c. 95, tom. ii. p. 133, edit. Schweighauser) more accurately computes forty victims of the senatorian rank, and 1600 of the equestrian census or order. For the penal laws (Leges Corneliae, Pompeiae, Julae, of Sylla, Pompey, and the Caesars) see the sentences of Paulus, (l. iv. tit. xviii. - xxx. p. 497 - 528, edit. Schulting,) the Gregorian Code, (Fragment. l. xix. p. 705, 706, in Schulting,) the Collatio Legum Mosaicarum et Romanarum, (tit. i. - xv.,) the Theodosian Code, (l. ix.,) the Code of Justinian, (l. ix.,) the Pandects, (xlviii.,) the Institutes, (l. iv. tit. xviii.,) and the Greek version of Theophilus, (p. 917 - 926.) It was a guardian who had poisoned his ward. The crime was atrocious: yet the punishment is reckoned by Suetonius (c. 9) among the acts in which Galba showed himself acer, vehemens, et in delictis coercendis immodicus. The abactores or abigeatores, who drove one horse, or two mares or oxen, or five hogs, or ten goats, were subject to capital punishment, (Paul, Sentent. Recept. l. iv. tit. xviii. p. 497, 498.) Hadrian, (ad Concil.

Baeticae,) most severe where the offence was most frequent, condemns the criminals, ad gladium, ludi damnationem, (Ulpian, de Officio Proconsulis, l. viii. in Collatione Legum Mosaic. et Rom. tit. xi p. 235.) Till the publication of the Julius Paulus of Schulting, (l. ii. tit. xxvi. p. 317 - 323,) it was affirmed and believed that the Julian laws punished adultery with death; and the mistake arose from the fraud or error of Tribonian. Yet Lipsius had suspected the truth from the narratives of Tacitus, (Annal. ii. 50, iii. 24, iv. 42,) and even from the practice of Augustus, who distinguished the treasonable frailties of his female kindred. In cases of adultery, Severus confined to the husband the right of public accusation, (Cod. Justinian, l. ix. tit. ix. leg. 1.) Nor is this privilege unjust - so different are the effects of male or female infidelity. Timon (l. i.) and Theopompus (l. xliii. apud Athenaeum, l. xii. p. 517) describe the luxury and lust of the Etruscans: plou< me>n toi ge cai>rousi suno>ntev toi~v paisi< kai< toi~v meiraki>oiv. About the same period (A. U. C. 445) the Roman youth studied in Etruria, (liv. ix. 36.) The Persians had been corrupted in the same school: ajp j JEllh>nwn maqo>ntev paisi< mi>sgontai (Herodot. l. i. c. 135.) A curious dissertation might be formed on the introduction of paederasty after the time of Homer, its progress among the Greeks of Asia and Europe, the vehemence of their passions, and the thin device of virtue and friendship which amused the philosophers of Athens. But scelera ostendi oportet dum puniuntur, abscondi flagitia. The name, the date, and the provisions of this law are equally doubtful, (Gravina, Opp. p. 432, 433. Heineccius, Hist. Jur. Rom. No. 108.

Ernesti, Clav. Ciceron. in Indice Legum.) But I will observe that the nefanda Venus of the honest German is styled aversa by the more polite Italian. See the oration of Aeschines against the catamite Timarchus, (in Reiske, Orator. Graec. tom. iii. p. 21 - 184.) A crowd of disgraceful passages will force themselves on the memory of the classic reader: I will only remind him of the cool declaration of Ovid:- Odi concubitus qui non utrumque resolvant.

Hoc est quod puerum tangar amore minus. Aelius Lampridius, in Vit. Heliogabal. in Hist. August p. 112 Aurelius Victor, in Philippo, Codex Theodos. l. ix. tit. vii. leg. 7, and Godefroy's Commentary, tom. iii. p. 63. Theodosius abolished the subterraneous brothels of Rome, in which the prostitution of both sexes was acted with impunity. See the laws of Constantine and his successors against adultery, sodomy etc., in the Theodosian, (l. ix. tit. vii. leg. 7, l. xi. tit. xxxvi leg. 1, 4) and Justinian Codes, (l. ix. tit. ix. leg. 30, 31.) These princes speak the language of passion as well as of justice, and fraudulently ascribe their own severity to the first Caesars. Justinian, Novel. lxxvii. cxxxiv. cxli. Procopius in Anecdot. c. 11, 16, with the notes of Alemannus. Theophanes, p. 151. Cedrenus. p. 688.

Zonaras, l. xiv. p. 64. Montesquieu, Esprit des Loix, l. xii. c. 6. That eloquent philosopher conciliates the rights of liberty and of nature, which should never be placed in opposition to each other. For the corruption of Palestine, 2000 years before the Christian aera, see the history and laws of Moses. Ancient Gaul is stigmatized by Diodorus Siculus, (tom. i. l. v. p. 356,) China by the Mahometar and Christian travellers, (Ancient Relations of India and China, p. translated by Renaudot, and his bitter critic the Pere Premare, Lettres Edifiantes, tom. xix. p. 435,) and native America by the Spanish historians, (Garcilasso de la Vega, l. iii. c. 13, Rycaut's translation; and Dictionnaire de Bayle, tom. iii. p. 88.) I believe, and hope, that the negroes, in their own country, were exempt from this moral pestilence. The important subject of the public questions and judgments at Rome, is explained with much learning, and in a classic style, by Charles Sigonius, (l. iii. de Judiciis, in Opp. tom. iii. p. 679 - 864;) and a good abridgment may be found in the Republique Romaine of Beaufort, (tom. ii. l. v. p. 1 - 121.) Those who wish for more abstruse law may study Noodt, (de Jurisdictione et Imperio Libri duo, tom. i. p. 93 - 134,) Heineccius, (ad Pandect. l. i. et ii. ad Institut. l. iv. tit. xvii Element. ad Antiquitat.) and Gravina (Opp. 230 - 251.) The office, both at Rome and in England, must be considered as an occasional duty, and not a magistracy, or profession. But the obligation of a unanimous verdict is peculiar to our laws, which condemn the jurymen to undergo the torture from whence they have exempted the criminal. We are indebted for this interesting fact to a fragment of Asconius Pedianus, who flourished under the reign of Tiberius. The loss of his Commentaries on the Orations of Cicero has deprived us of a valuable fund of historical and legal knowledge. Polyb. l. vi. p. 643. The extension of the empire and city of Rome obliged the exile to seek a more distant place of retirement. Qui de se statuebant, humabanta corpora, manebant testamenta; pretium festinandi. Tacit. Annal. vi. 25, with the Notes of Lipsius. Julius Paulus, (Sentent. Recept. l. v. tit. xii. p. 476,) the Pandects, (xlviii. tit. xxi.,) the Code, (l. ix. tit. l.,) Bynkershoek, (tom. i. p. 59, Observat. J. C. R. iv. 4,) and Montesquieu, (Esprit des Loix, l. xxix. c. ix.,) define the civil limitations of the liberty and privileges of suicide.

The criminal penalties are the production of a later and darker age. Plin. Hist. Natur. xxxvi. 24. When he fatigued his subjects in building the Capitol, many of the laborers were provoked to despatch themselves: he nailed their dead bodies to crosses. The sole resemblance of a violent and premature death has engaged Virgil (Aeneid, vi. 434 - 439) to confound suicides with infants, lovers, and persons unjustly condemned. Heyne, the best of his editors, is at a loss to deduce the idea, or ascertain the jurisprudence, of the Roman poet.

CHAPTER - See the family of Justin and Justinian in the Familiae Byzantine of Ducange, p. 89 - 101. The devout civilians, Ludewig (in Vit. Justinian. p. 131) and Heineccius (Hist. Juris. Roman. p. 374) have since illustrated the genealogy of their favorite prince. In the story of Justin's elevation I have translated into simple and concise prose the eight hundred verses of the two first books of Corippus, de Laudibus Justini Appendix Hist. Byzant. p. 401 - Rome 1777. It is surprising how Pagi (Critica. in Annal. Baron. tom. ii. p 639) could be tempted by any chronicles to contradict the plain and decisive text of Corippus, (vicina dona, l. ii. 354, vicina dies, l. iv. 1,) and to postpone, till A.D. 567, the consulship of Justin. Theophan. Chronograph. p. 205. Whenever Cedrenus or Zonaras are mere transcribers, it is superfluous to allege their testimony. Corippus, l. iii. 390. The unquestionable sense relates to the Turks, the conquerors of the Avars; but the word scultor has no apparent meaning, and the sole Ms. of Corippus, from whence the first edition (1581, apud Plantin) was printed, is no longer visible. The last editor, Foggini of Rome, has inserted the conjectural emendation of soldan: but the proofs of Ducange, (Joinville, Dissert. xvi. p. 238 - 240,) for the early use of this title among the Turks and Persians, are weak or ambiguous. And I must incline to the authority of D'Herbelot, (Bibliotheque Orient. p. 825,) who ascribes the word to the Arabic and Chaldaean tongues, and the date to the beginning of the xith century, when it was bestowed by the khalif of Bagdad on Mahmud, prince of Gazna, and conqueror of India. For these characteristic speeches, compare the verse of Corippus (l. iii. 251 - 401) with the prose of Menander, (Excerpt. Legation. p 102, 103.) Their diversity proves that they did not copy each other their resemblance, that they drew from a common original. For the Austrasian war, see Menander (Excerpt. Legat. p. 110,) Gregory of Tours, (Hist. Franc. l. iv. c 29,) and Paul the deacon, (de Gest. Langobard. l. ii. c. 10.) Paul Warnefrid, the deacon of Friuli, de Gest. Langobard. l. i. c. 23, 24. His pictures of national manners, though rudely sketched are more lively and faithful than those of Bede, or Gregory of Tours The story is told by an impostor, (Theophylact. Simocat. l. vi. c. 10;) but he had art enough to build his fictions on public and notorious facts. It appears from Strabo, Pliny, and Ammianus Marcellinus, that the same practice was common among the Scythian tribes, (Muratori, Scriptores Rer. Italic. tom. i. p. 424.) The scalps of North America are likewise trophies of valor. The skull of Cunimund was preserved above two hundred years among the Lombards; and Paul himself was one of the guests to whom Duke Ratchis exhibited this cup on a high festival, (l. ii. c. 28.) Paul, l. i. c. 27. Menander, in Excerpt Legat. p. 110, 111. Ut hactenus etiam tam apud Bajoarior um gentem, quam et Saxmum, sed et alios ejusdem linguae homines .... . in eorum carmini bus celebretur. Paul, l. i. c. 27. He died A.D. 799, (Muratori, in Praefat. tom. i. p. 397.) These German songs, some of which might be as old as Tacitus, (de Moribus Germ. c. 2,) were compiled and transcribed by Charlemagne. Barbara et antiquissima carmina, quibus veterum regum actus et bella canebantur scripsit memoriaeque mandavit, (Eginard, in Vit. Carol. Magn. c. 29, p. 130, 131.) The poems, which Goldast commends, (Animadvers. ad Eginard. p. 207,) appear to be recent and contemptible romances. The other nations are rehearsed by Paul, (l. ii. c. 6, 26,) Muratori (Antichita Italiane, tom. i. dissert. i. p. 4) has discovered the village of the Bavarians, three miles from Modena. Gregory the Roman (Dialog. l. i. iii. c. 27, 28, apud Baron. Annal Eccles. A.D. 579, No. 10) supposes that they likewise adored this shegoat.

I know but of one religion in which the god and the victim are the same. The charge of the deacon against Narses (l. ii. c. 5) may be groundless; but the weak apology of the Cardinal (Baron. Annal Eccles. A.D. 567, No. 8 - 12) is rejected by the best critics - Pagi (tom. ii. p. 639, 640,) Muratori, (Annali d' Italia, tom. v. p. 160 - 163,) and the last editors, Horatius Blancus, (Script. Rerum Italic. tom. i. p. 427, 428,) and Philip Argelatus, (Sigon. Opera, tom. ii. p. 11, 12.) The Narses who assisted at the coronation of Justin (Corippus, l. iii. 221) is clearly understood to be a different person. The death of Narses is mentioned by Paul, l. ii. c. 11. Anastas. in Vit.

Johan. iii. p. 43. Agnellus, Liber Pontifical. Raven. in Script. Rer.

Italicarum, tom. ii. part i. p. 114, 124. Yet I cannot believe with Agnellus that Narses was ninety-five years of age. Is it probable that all his exploits were performed at fourscore? The designs of Narses and of the Lombards for the invasion of Italy are exposed in the last chapter of the first book, and the seven last chapters of the second book, of Paul the deacon. Which from this translation was called New Aquileia, (Chron. Venet. p. 3.) The patriarch of Grado soon became the first citizen of the republic, (p. 9, etc.,) but his seat was not removed to Venice till the year 1450. He is now decorated with titles and honors; but the genius of the church has bowed to that of the state, and the government of a Catholic city is strictly Presbyterian. Thomassin, Discipline de l'Eglise, tom. i. p. 156, 157, 161 - 165. Amelot de la Houssaye, Gouvernement de Venise, tom. i. p. 256 - 261. Paul has given a description of Italy, as it was then divided into eighteen regions, (l. ii. c. 14 - 24.) The Dissertatio Chorographica de Italia Medii Aevi, by Father Beretti, a Benedictine monk, and regius professor at Pavia, has been usefully consulted. For the conquest of Italy, see the original materials of Paul, (l. p. 7 - 10, 12, 14, 25, 26, 27,) the eloquent narrative of Sigonius, tom. il. de Regno Italiae, l. i. p. 13 - 19,) and the correct and critical review el Muratori, (Annali d' Italia, tom. v. p. 164 - 180.) The classical reader will recollect the wife and murder of Candaules, so agreeably told in the first book of Herodotus. The choice of Gyges aujtoimitated by the best writers of antiquity, (Graevius, ad Ciceron. Orat. pro Miloue c. 10) He killed a lion. His eyes were put out by the timid Justin. Peredeus requesting an interview, Justin substituted two patricians, whom the blinded Barbarian stabbed to the heart with two concealed daggers. See Le Beau, vol. x. p. 99. - M. See the history of Paul, l. ii. c. 28 - 32. I have borrowed some interesting circumstances from the Liber Pontificalis of Agnellus, in Script. Rer. Ital. tom. ii. p. 124. Of all chronological guides, Muratori is the safest. The original authors for the reign of Justin the younger are Evagrius, Hist. Eccles. l. v. c. 1 - 12; Theophanes, in Chonograph. p. 204 - 210; Zonaras, tom. ii. l. xiv. p. 70 - 72; Cedrenus, in Compend. p. 388 - 392. Dispositorque novus sacrae Baduarius aulae.

Successor soceri mox factus Cura-palati. - Cerippus.

Baduarius is enumerated among the descendants and allies of the house of Justinian. A family of noble Venetians (Casa Badoero) built churches and gave dukes to the republic as early as the ninth century; and, if their descent be admitted, no kings in Europe can produce a pedigree so ancient and illustrious. Ducange, Fam. Byzantin, p. 99 Amelot de la Houssaye, Gouvernement de Venise, tom. ii. p. 555. The praise bestowed on princes before their elevation is the purest and most weighty. Corippus has celebrated Tiberius at the time of the accession of Justin, (l. i. 212 - 222.) Yet even a captain of the guards might attract the flattery of an African exile. Evagrius (l. v. c. 13) has added the reproach to his ministers He applies this speech to the ceremony when Tiberius was invested with the rank of Caesar. The loose expression, rather than the positive error, of Theophanes, etc., has delayed it to his Augustan investitura immediately before the death of Justin. Theophylact Simocatta (l. iii. c. 11) declares that he shall give to posterity the speech of Justin as it was pronounced, without attempting to correct the imperfections of language or rhetoric. Perhaps the vain sophist would have been incapable of producing such sentiments. For the character and reign of Tiberius, see Evagrius, l v. c. 13.

Theophylact, l. iii. c. 12, etc. Theophanes, in Chron. p. 2 0 - 213.

Zonaras, tom. ii. l. xiv. p. 72. Cedrenus, p. 392. Paul Warnefrid, de Gestis Langobard. l. iii. c. 11, 12. The deacon of Forum Juli appears to have possessed some curious and authentic facts. It is therefore singular enough that Paul (l. iii. c. 15) should distinguish him as the first Greek emperor - primus ex Graecorum genere in Imperio constitutus. His immediate predecessors had in deed been born in the Latin provinces of Europe: and a various reading, in Graecorum Imperio, would apply the expression to the empire rather than the prince. Consult, for the character and reign of Maurice, the fifth and sixth books of Evagrius, particularly l. vi. c. l; the eight books of his prolix and florid history by Theophylact Simocatta; Theophanes, p. 213, etc.; Zonaras, tom. ii. l. xiv. p. 73; Cedrenus, p. 394. Aujtokra>twr o]ntwv geno>menov than tw~n paqw~n ejk th~n oijkei>av ejxenhla>thse yuch~v ajristokratei>an de< ejn toi~v eJautou~ logismoi~v katasthsa>menov. Evagrius composed his history in the twelfth year of Maurice; and he had been so wisely indiscreet that the emperor know and rewarded his favorable opinion, (l. vi. c. 24.) The Columna Rhegina, in the narrowest part of the Faro of Messina, one hundred stadia from Rhegium itself, is frequently mentioned in ancient geography. Cluver. Ital. Antiq. tom. ii. p. 1295. Lucas Holsten.

Annotat. ad Cluver. p. 301. Wesseling, Itinerar. p. 106. The Greek historians afford some faint hints of the wars of Italy (Menander, in Excerpt. Legat. p. 124, 126. Theophylact, l. iii. c. 4.)

The Latins are more satisfactory; and especially Paul Warnefrid, (l iii. c. 13 - 34,) who had read the more ancient histories of Secundus and Gregory of Tours. Baronius produces some letters of the popes, etc.; and the times are measured by the accurate scale of Pagi and Muratori. The papal advocates, Zacagni and Fontanini, might justly claim the valley or morass of Commachio as a part of the exarchate. But the ambition of including Modena, Reggio, Parma, and Placentia, has darkened a geographical question somewhat doubtful and obscure Even Muratori, as the servant of the house of Este, is not free from partiality and prejudice. See Brenckman, Dissert. Ima de Republica Amalphitana, p. 1 - 42, ad calcem Hist. Pandect. Florent. Gregor. Magn. l. iii. epist. 23, 25. I have described the state of Italy from the excellent Dissertation of Beretti. Giannone (Istoria Civile, tom. i. p. 374 - 387) has followed the learned Camillo Pellegrini in the geography of the kingdom of Naples.

After the loss of the true Calabria, the vanity of the Greeks substituted that name instead of the more ignoble appellation of Bruttium; and the change appears to have taken place before the time of Charlemagne, (Eginard, p. 75.) Maffei (Verona Illustrata, part i. p. 310 - 321) and Muratori (Antichita Italiane, tom. ii. Dissertazione xxxii. xxxiii. p. 71 - 365) have asserted the native claims of the Italian idiom; the former with enthusiasm, the latter with discretion; both with learning, ingenuity, and truth. Note:

Compare the admirable sketch of the degeneracy of the Latin language and the formation of the Italian in Hallam, Middle Ages, vol. iii. p. 329. - M. Paul, de Gest. Langobard. l. iii. c. 5, 6, 7. Paul, l. ii. c. 9. He calls these families or generations by the Teutonic name of Faras, which is likewise used in the Lombard laws. The humble deacon was not insensible of the nobility of his own race. See l. iv. c. 39. Compare No. 3 and 177 of the Laws of Rotharis. Paul, l. ii. c. 31, 32, l. iii. c. 16. The Laws of Rotharis, promulgated A.D. 643, do not contain the smallest vestige of this payment of thirds; but they preserve many curious circumstances of the state of Italy and the manners of the Lombards. The studs of Dionysius of Syracuse, and his frequent victories in the Olympic games, had diffused among the Greeks the fame of the Venetian horses; but the breed was extinct in the time of Strabo, (l. v. p. 325.) Gisulf obtained from his uncle generosarum equarum greges.

Paul, l. ii. c. 9. The Lombards afterwards introduced caballi sylvatici - wild horses. Paul, l. iv. c. 11. Tunc (A.D. 596) primum, bubali in Italiam delati Italiae populis miracula fuere, (Paul Warnefrid, l. iv. c. 11.) The buffaloes, whose native climate appears to be Africa and India, are unknown to Europe, except in Italy, where they are numerous and useful. The ancients were ignorant of these animals, unless Aristotle (Hist. Anim. l. ii. c. 1, p. 58, Paris, 1783) has described them as the wild oxen of Arachosia. See Buffon, Hist. Naturelle, tom. xi. and Supplement, tom. vi. Hist.

Generale des Voyages, tom. i. p. 7, 481, ii. 105, iii. 291, iv. 234, 461, v. 193, vi. 491, viii. 400, x. 666. Pennant's Quadrupedes, p. 24.

Dictionnaire d'Hist. Naturelle, par Valmont de Bomare, tom. ii. p. 74.

Yet I must not conceal the suspicion that Paul, by a vulgar error, may have applied the name of bubalus to the aurochs, or wild bull, of ancient Germany. Consult the xxist Dissertation of Muratori. Their ignorance is proved by the silence even of those who professedly treat of the arts of hunting and the history of animals. Aristotle, (Hist.

Animal. l. ix. c. 36, tom. i. p. 586, and the Notes of his last editor, M.

Camus, tom. ii. p. 314,) Pliny, (Hist. Natur. l. x. c. 10,) Aelian (de Natur. Animal. l. ii. c. 42,) and perhaps Homer, (Odyss. xxii. 302 - 306,) describe with astonishment a tacit league and common chase between the hawks and the Thracian fowlers. Particularly the gerfaut, or gyrfalcon, of the size of a small eagle. See the animated description of M. de Buffon, Hist. Naturelle, tom. xvi. p. 239, etc. Script. Rerum Italicarum, tom. i. part ii. p. 129. This is the xvith law of the emperor Lewis the Pious. His father Charlemagne had falconers in his household as well as huntsmen, (Memoires sur l'ancienne Chevalerie, par M. de St. Palaye, tom. iii. p. 175.) I observe in the laws of Rotharis a more early mention of the art of hawking, (No. 322;) and in Gaul, in the fifth century, it is celebrated by Sidonius Apollinaris among the talents of Avitus, (202 - 207.) See Beckman, Hist. of Inventions, vol. i. p. 319 - M. The epitaph of Droctulf (Paul, l. iii. c. 19) may be applied to many of his countrymen: - Terribilis visu facies, sed corda benignus Longaque robusto pectore barba fuit.

The portraits of the old Lombards might still be seen in the palace of Monza, twelve miles from Milan, which had been founded or restored by Queen Theudelinda, (l. iv. 22, 23.) See Muratori, tom. i. disserta, xxiii. p. 300. The story of Autharis and Theudelinda is related by Paul, l. iii. 29, 34; and any fragment of Bavarian antiquity excites the indefatigable diligence of the count de Buat, Hist. des Peuples de l'Europe, ton. xi. p. 595 - 635, tom. xii. p. 1 - 53. Giannone (Istoria Civile de Napoli, tom. i. p. 263) has justly censured the impertinence of Boccaccio, (Gio. iii. Novel. 2,) who, without right, or truth, or pretence, has given the pious queen Theudelinda to the arms of a muleteer. Paul, l. iii. c. 16. The first dissertations of Muratori, and the first volume of Giannone's history, may be consulted for the state of the kingdom of Italy. The most accurate edition of the Laws of the Lombards is to be found in the Scriptores Rerum Italicarum, tom. i. part ii. p. 1 - 181, collated from the most ancient Mss. and illustrated by the critical notes of Muratori. Montesquieu, Esprit des Loix, l. xxviii. c. 1. Les loix des Bourguignons sont assez judicieuses; celles de Rotharis et des autres princes Lombards le sont encore plus. See Leges Rotharis, No. 379, p. 47. Striga is used as the name of a witch. It is of the purest classic origin, (Horat. epod. v. 20. Petron. c. 134;) and from the words of Petronius, (quae striges comederunt nervos tuos?) it may be inferred that the prejudice was of Italian rather than Barbaric extraction. Quia incerti sumus de judicio Dei, et multos audivimus per pugnam sine justa causa suam causam perdere. Sed propter consuetudinom gentem nostram Langobardorum legem impiam vetare non possumus.

See p. 74, No. 65, of the Laws of Luitprand, promulgated A.D. 724. Read the history of Paul Warnefrid; particularly l. iii. c. 16. Baronius rejects the praise, which appears to contradict the invectives of Pope Gregory the Great; but Muratori (Annali d' Italia, tom. v. p. 217) presumes to insinuate that the saint may have magnified the faults of Arians and enemies. The passages of the homilies of Gregory, which represent the miserable state of the city and country, are transcribed in the Annals of Baronius, A.D. 590, No. 16, A.D. 595, No. 2, etc., etc. The inundation and plague were reported by a deacon, whom his bishop, Gregory of Tours, had despatched to Rome for some relics The ingenious messenger embellished his tale and the river with a great dragon and a train of little serpents, (Greg. Turon. l. x. c. 1.) Gregory of Rome (Dialog. l. ii. c. 15) relates a memorable prediction of St. Benedict. Roma a Gentilibus non exterminabitur sed tempestatibus, coruscis turbinibus ac terrae motu in semetipsa marces cet. Such a prophecy melts into true history, and becomes the evidence of the fact after which it was invented. Quia in uno se ore cum Jovis laudibus, Christi laudes non capiunt, et quam grave nefandumque sit episcopis canere quod nec laico religioso conveniat, ipse considera, (l. ix. ep. 4.) The writings of Gregory himself attest his innocence of any classic taste or literature Bayle, (Dictionnaire Critique, tom. ii. 598, 569,) in a very good article of Gregoire I., has quoted, for the buildings and statues, Platina in Gregorio I.; for the Palatine library, John of Salisbury, (de Nugis Curialium, l. ii. c. 26;) and for Livy, Antoninus of Florence: the oldest of the three lived in the xiith century. Gregor. l. iii. epist. 24, edict. 12, etc. From the epistles of Gregory, and the viiith volume of the Annals of Baronius, the pious reader may collect the particles of holy iron which were inserted in keys or crosses of gold, and distributed in Britain, Gaul, Spain, Africa, Constantinople, and Egypt. The pontifical smith who handled the file must have understood the miracles which it was in his own power to operate or withhold; a circumstance which abates the superstition of Gregory at the expense of his veracity. Besides the epistles of Gregory himself, which are methodized by Dupin, (Bibliotheque Eccles. tom. v. p. 103 - 126,) we have three lives of the pope; the two first written in the viiith and ixth centuries, (de Triplici Vita St. Greg. Preface to the ivth volume of the Benedictine edition,) by the deacons Paul (p. 1 - 18) and John, (p. 19 - 188,) and containing much original, though doubtful, evidence; the third, a long and labored compilation by the Benedictine editors, (p. 199 - 305.) The annals of Baronius are a copious but partial history. His papal prejudices are tempered by the good sense of Fleury, (Hist. Eccles. tom. viii.,) and his chronology has been rectified by the criticism of Pagi and Muratori. John the deacon has described them like an eye-witness, (l. iv. c. 83, 84;) and his description is illustrated by Angelo Rocca, a Roman antiquary, (St. Greg. Opera, tom. iv. p. 312 - 326;) who observes that some mosaics of the popes of the viith century are still preserved in the old churches of Rome, (p. 321 - 323) The same walls which represented Gregory's family are now decorated with the martyrdom of St. Andrew, the noble contest of Dominichino and Guido. Disciplinis vero liberalibus, hoc est grammatica, rhetorica, dialectica ita apuero est institutus, ut quamvis eo tempore florerent adhuc Romae studia literarum, tamen nulli in urbe ipsa secundus putaretur. Paul.

Diacon. in Vit. St. Gregor. c. 2. The Benedictines (Vit. Greg. l. i. p. 205 - 208) labor to reduce the monasteries of Gregory within the rule of their own order; but, as the question is confessed to be doubtful, it is clear that these powerful monks are in the wrong. See Butler's Lives of the Saints, vol. iii. p. 145; a work of merit: the sense and learning belong to the author - his prejudices are those of his profession. Monasterium Gregorianum in ejusdem Beati Gregorii aedibus ad clivum Scauri prope ecclesiam SS. Johannis et Pauli in honorem St.

Andreae, (John, in Vit. Greg. l. i. c. 6. Greg. l. vii. epist. 13.) This house and monastery were situate on the side of the Caelian hill which fronts the Palatine; they are now occupied by the Camaldoli: San Gregorio triumphs, and St. Andrew has retired to a small chapel Nardini, Roma Antica, l. iii. c. 6, p. 100. Descrizzione di Roma, tom. i. p. 442 - 446. The Lord's Prayer consists of half a dozen lines; the Sacramentarius and Antiphonarius of Gregory fill 880 folio pages, (tom. iii. p. i. p. 1 - 880;) yet these only constitute a part of the Ordo Romanus, which Mabillon has illustrated and Fleury has abridged, (Hist. Eccles. tom. viii. p. 139 - 152.) I learn from the Abbe Dobos, (Reflexions sur la Poesie et la Peinture, tom. iii. p. 174, 175,) that the simplicity of the Ambrosian chant was confined to four modes, while the more perfect harmony of the Gregorian comprised the eight modes or fifteen chords of the ancient music. He observes (p. 332) that the connoisseurs admire the preface and many passages of the Gregorian office. John the deacon (in Vit. Greg. l. ii. c. 7) expresses the early contempt of the Italians for tramontane singing. Alpina scilicet corpora vocum suarum tonitruis altisone perstrepentia, susceptae modulationis dulcedinem proprie non resultant: quia bibuli gutturis barbara feritas dum inflexionibus et repercussionibus mitem nititur edere cantilenam, naturali quodam fragore, quasi plaustra per gradus confuse sonantia, rigidas voces jactat, etc. In the time of Charlemagne, the Franks, though with some reluctance, admitted the justice of the reproach.

Muratori, Dissert. xxv. A French critic (Petrus Gussanvillus, Opera, tom. ii. p. 105 - 112) has vindicated the right of Gregory to the entire nonsense of the Dialogues.

Dupin (tom. v. p. 138) does not think that any one will vouch for the truth of all these miracles: I should like to know how many of them he believed himself. Baronius is unwilling to expatiate on the care of the patrimonies, lest he should betray that they consisted not of kingdoms, but farms. The French writers, the Benedictine editors, (tom. iv. l. iii. p. 272, etc.,) and Fleury, (tom. viii. p. 29, etc.,) are not afraid of entering into these humble, though useful, details; and the humanity of Fleury dwells on the social virtues of Gregory. I much suspect that this pecuniary fine on the marriages of villains produced the famous, and often fabulous right, de cuissage, de marquette, etc. With the consent of her husband, a handsome bride might commute the payment in the arms of a young landlord, and the mutual favor might afford a precedent of local rather than legal tyranny The temporal reign of Gregory I. is ably exposed by Sigonius in the first book, de Regno Italiae. See his works, tom. ii. p. 44 - CHAPTER - Missis qui ... reposcerent ... veteres Persarum ac Macedonum terminos, seque invasurum possessa Cyro et post Alexandro, per vaniloquentiam ac minas jaciebat. Tacit. Annal. vi. 31. Such was the language of the Arsacides. I have repeatedly marked the lofty claims of the Sassanians. See the embassies of Menander, extracted and preserved in the tenth century by the order of Constantine Porphyrogenitus. The general independence of the Arabs, which cannot be admitted without many limitations, is blindly asserted in a separate dissertation of the authors of the Universal History, vol. xx. p. 196 - 250. A perpetual miracle is supposed to have guarded the prophecy in favor of the posterity of Ishmael; and these learned bigots are not afraid to risk the truth of Christianity on this frail and slippery foundation. It certainly appears difficult to extract a prediction of the perpetual independence of the Arabs from the text in Genesis, which would have received an ample fulfilment during centuries of uninvaded freedom. But the disputants appear to forget the inseparable connection in the prediction between the wild, the Bedoween habits of the Ismaelites, with their national independence. The stationary and civilized descendant of Ismael forfeited, as it were, his birthright, and ceased to be a genuine son of the “wild man” The phrase, “dwelling in the presence of his brethren,” is interpreted by Rosenmuller (in loc.) and others, according to the Hebrew geography, “to the East” of his brethren, the legitimate race of Abraham - M. D'Herbelot, Biblioth. Orient. p. 477. Pocock, Specimen Hist. Arabum, p. 64, 65. Father Pagi (Critica, tom. ii. p. 646) has proved that, after ten years' peace, the Persian war, which continued twenty years, was renewed A.D. 571. Mahomet was born A.D. 569, in the year of the elephant, or the defeat of Abrahah, (Gagnier, Vie de Mahomet, tom. i. p. 89, 90, 98;) and this account allows two years for the conquest of Yemen. Abrahah, according to some accounts, was succeeded by his son Taksoum, who reigned seventeen years; his brother Mascouh, who was slain in battle against the Persians, twelve. But this chronology is irreconcilable with the Arabian conquests of Nushirvan the Great.

Either Seif, or his son Maadi Karb, was the native prince placed on the throne by the Persians. St. Martin, vol. x. p. 78. See likewise Johannsen, Hist. Yemanae. - M. Persarmenia was long maintained in peace by the tolerant administration of Mejej, prince of the Gnounians. On his death he was succeeded by a persecutor, a Persian, named Ten-Schahpour, who attempted to propagate Zoroastrianism by violence. Nushirvan, on an appeal to the throne by the Armenian clergy, replaced Ten-Schahpour, in 552, by Veschnas-Vahram. The new marzban, or governor, was instructed to repress the bigoted Magi in their persecutions of the Armenians, but the Persian converts to Christianity were still exposed to cruel sufferings. The most distinguished of them, Izdbouzid, was crucified at Dovin in the presence of a vast multitude. The fame of this martyr spread to the West. Menander, the historian, not only, as appears by a fragment published by Mai, related this event in his history, but, according to M. St. Martin, wrote a tragedy on the subject. This, however, is an unwarrantable inference from the phrase which merely means that he related the tragic event in his history. An epigram on the same subject, preserved in the Anthology, Jacob's Anth.

Palat. i. 27, belongs to the historian. Yet Armenia remained in peace under the government of Veschnas-Vahram and his successor Varazdat. The tyranny of his successor Surena led to the insurrection under Vartan, the Mamigonian, who revenged the death of his brother on the marzban Surena, surprised Dovin, and put to the sword the governor, the soldiers, and the Magians. From St. Martin, vol x. p. 79 - 89. - M. Malathiah. It was in the lesser Armenia. - M. He had vanquished the Albanians, who brought into the field 12,000 horse and 60,000 foot; but he dreaded the multitude of venomous reptiles, whose existence may admit of some doubt, as well as that of the neighboring Amazons. Plutarch, in Pompeio, tom. ii. p. 1165, 1166. In the history of the world I can only perceive two navies on the Caspian: 1. Of the Macedonians, when Patrocles, the admiral of the kings of Syria, Seleucus and Antiochus, descended most probably the River Oxus, from the confines of India, (Plin. Hist. Natur. vi. 21.) 2. Of the Russians, when Peter the First conducted a fleet and army from the neighborhood of Moscow to the coast of Persia, (Bell's Travels, vol. ii. p. 325 - 352.) He justly observes, that such martial pomp had never been displayed on the Volga. This circumstance rests on the statements of Evagrius and Theophylaci Simocatta. They are not of sufficient authority to establish a fact so improbable. St. Martin, vol. x. p. 140. - M. For these Persian wars and treaties, see Menander, in Excerpt. Legat. p. 113 - 125. Theophanes Byzant. apud Photium, cod. lxiv p. 77, 80, 81. Evagrius, l. v. c. 7 - 15. Theophylact, l. iii. c. 9 - 16 Agathias, l. iv. p. 140. Buzurg Mihir may be considered, in his character and station, as the Seneca of the East; but his virtues, and perhaps his faults, are less known than those of the Roman, who appears to have been much more loquacious. The Persian sage was the person who imported from India the game of chess and the fables of Pilpay. Such has been the fame of his wisdom and virtues, that the Christians claim him as a believer in the gospel; and the Mahometans revere Buzurg as a premature Mussulman. D'Herbelot, Bibliotheque Orientale, p. 218. See the imitation of Scipio in Theophylact, l. i. c. 14; the image of Christ, l. ii. c. 3. Hereafter I shall speak more amply of the Christian images - I had almost said idols. This, if I am not mistaken, is the oldest of divine manufacture; but in the next thousand years, many others issued from the same workshop. Ragae, or Rei, is mentioned in the Apocryphal book of Tobit as already flourishing, 700 years before Christ, under the Assyrian empire. Under the foreign names of Europus and Arsacia, this city, 500 stadia to the south of the Caspian gates, was successively embellished by the Macedonians and Parthians, (Strabo, l. xi. p. 796.) Its grandeur and populousness in the ixth century are exaggerated beyond the bounds of credibility; but Rei has been since ruined by wars and the unwholesomeness of the air. Chardin, Voyage en Perse, tom. i. p. 279, 280. D'Herbelot, Biblioth. Oriental. p. 714. Theophylact. l. iii. c. 18. The story of the seven Persians is told in the third book of Herodotus; and their noble descendants are often mentioned, especially in the fragments of Ctesias. Yet the independence of Otanes (Herodot. l. iii. c. 83, 84) is hostile to the spirit of despotism, and it may not seem probable that the seven families could survive the revolutions of eleven hundred years. They might, however, be represented by the seven ministers, (Brisson, de Regno Persico, l. i. p. 190;) and some Persian nobles, like the kings of Pontus (Polyb l. v. p. 540) and Cappadocia, (Diodor. Sicul. l. xxxi. tom. ii. p. 517,) might claim their descent from the bold companions of Darius. He is generally called Baharam Choubeen, Baharam, the stick- like, probably from his appearance. Malcolm, vol. i. p. 120. - M. The Persian historians say, that Hormouz entreated his general to increase his numbers; but Baharam replied, that experience had taught him that it was the quality, not the number of soldiers, which gave success. * * * No man in his army was under forty years, and none above fifty. Malcolm, vol. i. p. 121 - M. See an accurate description of this mountain by Olearius, (Voyage en Perse, p. 997, 998,) who ascended it with much difficulty and danger in his return from Ispahan to the Caspian Sea. The Orientals suppose that Bahram convened this assembly and proclaimed Chosroes; but Theophylact is, in this instance, more distinct and credible. Yet Theophylact seems to have seized the opportunity to indulge his propensity for writing orations; and the orations read rather like those of a Grecian sophist than of an Eastern assembly. - M. See the words of Theophylact, l. iv. c. 7., etc. Baralov toi~v Qeoi~v nikhth>v ejpifanh>v, tura>nnwn ejcqrophv megista>nwn, th~v Persikh~v a]rcwn duna>mewv, ect. In his answer, Chosroes styles himself th~| nukti< carizojmenov o]mmata… oJ toumenov [p. 175] This is genuine Oriental bombast. Theophylact (l. iv. c. 7) imputes the death of Hormouz to his son, by whose command he was beaten to death with clubs. I have followed the milder account of Khondemir and Eutychius, and shall always be content with the slightest evidence to extenuate the crime of parricide.

Note: Malcolm concurs in ascribing his death to Bundawee, (Bindoes,) vol. i. p. 123. The Eastern writers generally impute the crime to the uncle St. Martin, vol. x. p. 300. - M. After the battle of Pharsalia, the Pompey of Lucan (l. viii. 256 - 455) holds a similar debate. He was himself desirous of seeking the Parthians: but his companions abhorred the unnatural alliance and the adverse prejudices might operate as forcibly on Chosroes and his companions, who could describe, with the same vehemence, the contrast of laws, religion, and manners, between the East and West. In this age there were three warriors of the name of Narses, who have been often confounded, (Pagi, Critica, tom. ii. p. 640:) 1. A Persarmenian, the brother of Isaac and Armatius, who, after a successful action against Belisarius, deserted from his Persian sovereign, and afterwards served in the Italian war. - 2. The eunuch who conquered Italy. - 3. The restorer of Chosroes, who is celebrated in the poem of Corippus (l. iii. 220 - 327) as excelsus super omnia vertico agmina .... habitu modestus .... morum probitate placens, virtute verendus; fulmineus, cautus, vigilans, etc. The Armenians adhered to Chosroes. St. Martin, vol. x. p. 312. - M. According to Mivkhond and the Oriental writers, Bahram received the daughter of the Khakan in marriage, and commanded a body of Turks in an invasion of Persia. Some say that he was assassinated; Malcolm adopts the opinion that he was poisoned. His sister Gourdieh, the companion of his flight, is celebrated in the Shah Nameh. She was afterwards one of the wives of Chosroes. St. Martin. vol. x. p. 331. - M. ft980a Experimentis cognitum est Barbaros malle Roma petere reges quam habere. These experiments are admirably represented in the invitation and expulsion of Vonones, (Annal. ii. 1 - 3,) Tiridates, (Annal. vi. 32- 44,) and Meherdates, (Annal. xi. 10, xii. 10-14.) The eye of Tacitus seems to have transpierced the camp of the Parthians and the walls of the harem. Concerning Nisibis, see St. Martin and his Armenian authorities, vol. x p. 332, and Memoires sur l'Armenie, tom. i. p. 25. - M. Sergius and his companion Bacchus, who are said to have suffered in the persecution of Maximian, obtained divine honor in France, Italy, Constantinople, and the East. Their tomb at Rasaphe was famous for miracles, and that Syrian town acquired the more honorable name of Sergiopolis. Tillemont, Mem. Eccles. tom. v. p. 481 - 496. Butler's Saints, vol. x. p. 155. Evagrius (l. vi. c. 21) and Theophylact (l. v. c. 13, 14) have preserved the original letters of Chosroes, written in Greek, signed with his own hand, and afterwards inscribed on crosses and tables of gold, which were deposited in the church of Sergiopolis. They had been sent to the bishop of Antioch, as primate of Syria. St. Martin thinks that they were first written in Syriac, and then translated into the bad Greek in which they appear, vol. x. p. 334. - M. The Greeks only describe her as a Roman by birth, a Christian by religion: but she is represented as the daughter of the emperor Maurice in the Persian and Turkish romances which celebrate the love of Khosrou for Schirin, of Schirin for Ferhad, the most beautiful youth of the East, D'Herbelot, Biblioth. Orient. p. 789, 997, 998. Compare M. von Hammer's preface to, and poem of, Schirin in which he gives an account of the various Persian poems, of which he has endeavored to extract the essence in his own work. - M. The whole series of the tyranny of Hormouz, the revolt of Bahram, and the flight and restoration of Chosroes, is related by two contemporary Greeks - more concisely by Evagrius, (l. vi. c. 16, 17, 18, 19,) and most diffusely by Theophylact Simocatta, (l. iii. c. 6 - 18, l. iv. c. 1 - 16, l. v. c. 1 - 15:) succeeding compilers, Zonaras and Cedrenus, can only transcribe and abridge. The Christian Arabs, Eutychius (Annal. tom. ii. p. 200 - 208) and Abulpharagius (Dynast. p. 96 - 98) appear to have consulted some particular memoirs. The great Persian historians of the xvth century, Mirkhond and Khondemir, are only known to me by the imperfect extracts of Schikard, (Tarikh, p. 150 - 155,) Texeira, or rather Stevens, (Hist. of Persia, p. 182 - 186,) a Turkish Ms. translated by the Abbe Fourmount, (Hist. de l'Academie des Inscriptions, tom. vii. p. 325 - 334,) and D'Herbelot, (aux mots Hormouz, p. 457 - 459.

Bahram, p. 174. Khosrou Parviz, p. 996.) Were I perfectly satisfied of their authority, I could wish these Oriental materials had been more copious. A general idea of the pride and power of the chagan may be taken from Menander (Excerpt. Legat. p. 118, etc.) and Theophylact, (l. i. c. 3, l. vii. c. 15,) whose eight books are much more honorable to the Avar than to the Roman prince. The predecessors of Baian had tasted the liberality of Rome, and he survived the reign of Maurice, (Buat, Hist. des Peuples Barbares, tom. xi. p. 545.) The chagan who invaded Italy, A.D. 611, (Muratori, Annali, tom. v. p. 305,) was then invenili aetate florentem, (Paul Warnefrid, de Gest. Langobard. l v c 38,) the son, perhaps, or the grandson, of Baian. Theophylact, l. i. c. 5, 6. Even in the field, the chagan delighted in the use of these aromatics. He solicited, as a gift, jIndikaav and received peJperi kai< fu>llon Jindw~n, kasi>an te kai< to>n lego>menon ko>ston .

Theophylact, l. vii. c. 13. The Europeans of the ruder ages consumed more spices in their meat and drink than is compatible with the delicacy of a modern palate. Vie Privee des Francois, tom. ii. p. 162, 163. Theophylact, l. vi. c. 6, l. vii. c. 15. The Greek historian confesses the truth and justice of his reproach Menander (in Excerpt. Legat. p. 126 - 132, 174, 175) describes the perjury of Baian and the surrender of Sirmium. We have lost his account of the siege, which is commended by Theophylact, l. i. c. 3.

To< d j o[pwv Mena>ndrw| tw~| perifanei~ safw~v dingo>reutai Note:

Compare throughout Schlozer Nordische Geschichte, p. 362 - 373 - M. See D'Anville, in the Memoires de l'Acad. des Inscriptions, tom. xxviii. p. 412 - 443. The Sclavonic name of Belgrade is mentioned in the xth century by Constantine Porphyrogenitus: the Latin appellation of Alba Croeca is used by the Franks in the beginning of the ixth, (p. 414.) Baron. Annal. Eccles. A. B. 600, No. 1. Paul Warnefrid (l. iv. c. 38) relates their irruption into Friuli, and (c. 39) the captivity of his ancestors, about A.D. 632. The Sclavi traversed the Adriatic cum multitudine navium, and made a descent in the territory of Sipontum, (c. 47.) Even the helepolis, or movable turret. Theophylact, l. ii. 16, 17. The arms and alliances of the chagan reached to the neighborhood of a western sea, fifteen months' journey from Constantinople. The emperor Maurice conversed with some itinerant harpers from that remote country, and only seems to have mistaken a trade for a nation Theophylact, l. vi. c. 2. This is one of the most probable and luminous conjectures of the learned count de Buat, (Hist. des Peuples Barbares, tom. xi. p. 546 - 568.) The Tzechi and Serbi are found together near Mount Caucasus, in Illyricum, and on the lower Elbe. Even the wildest traditions of the Bohemians, etc., afford some color to his hypothesis. See Fredegarius, in the Historians of France, tom. ii. p. 432. Baian did not conceal his proud insensibility. [Oti toioutou~v (not tosoutou~v according to a foolish emendation) ejpafh>sw th~| Jrwmaikn~ See the march and return of Maurice, in Theophylact, l. v. c. 16 l. vi. c. 1, 2, 3. If he were a writer of taste or genius, we might suspect him of an elegant irony: but Theophylact is surely harmless. Ei+v oijwnonesqai peri< pa>trhv —Iliad, xii. 243.

This noble verse, which unites the spirit of a hero with the reason of a sage, may prove that Homer was in every light superior to his age and country. Theophylact, l. vii. c. 3. On the evidence of this fact, which had not occurred to my memory, the candid reader will correct and excuse a note in Chapter XXXIV., note 86 of this History, which hastens the decay of Asimus, or Azimuntium; another century of patriotism and valor is cheaply purchased by such a confession. See the shameful conduct of Commentiolus, in Theophylact, l. ii. c. - 15, l. vii. c. 13, 14, l. viii. c. 2, 4. See the exploits of Priscus, l. viii. c. 23. The general detail of the war against the Avars may be traced in the first, second, sixth, seventh, and eighth books of the history of the emperor Maurice, by Theophylact Simocatta. As he wrote in the reign of Heraclius, he had no temptation to flatter; but his want of judgment renders him diffuse in trifles, and concise in the most interesting facts. Maurice himself composed xii books on the military art, which are still extant, and have been published (Upsal, 1664) by John Schaeffer, at the end of the Tactics of Arrian, (Fabricius, Bibliot Graeca, l. iv. c. 8, tom. iii. p. 278,) who promises to speak more fully of his work in its proper place. See the mutinies under the reign of Maurice, in Theophylact l iii c. 1 - 4, .vi. c. 7, 8, 10, l. vii. c. 1 l. viii. c. 6, etc. Theophylact and Theophanes seem ignorant of the conspiracy and avarice of Maurice. These charges, so unfavorable to the memory of that emperor, are first mentioned by the author of the Paschal Chronicle, (p. 379, 280;) from whence Zonaras (tom. ii. l. xiv. p. 77, 78) has transcribed them. Cedrenus (p. 399) has followed another computation of the ransom. In their clamors against Maurice, the people of Constantinople branded him with the name of Marcionite or Marcionist; a heresy (says Theophylact, l. viii. c. 9) mata> tinov mwra~v eujlazeiqhv te kai< katage>lastov . Did they only cast out a vague reproach - or had the emperor really listened to some obscure teacher of those ancient Gnostics? The church of St. Autonomous (whom I have not the honor to know) was 150 stadia from Constantinople, (Theophylact, l. viii. c. 9.) The port of Eutropius, where Maurice and his children were murdered, is described by Gyllius (de Bosphoro Thracio, l. iii. c. xi.) as one of the two harbors of Chalcedon. The inhabitants of Constantinople were generally subject; and Theophylact insinuates, (l. viii. c. 9,) that if it were consistent with the rules of history, he could assign the medical cause. Yet such a digression would not have been more impertinent than his inquiry (l. vii. c. 16, 17) into the annual inundations of the Nile, and all the opinions of the Greek philosophers on that subject. From this generous attempt, Corneille has deduced the intricate web of his tragedy of Heraclius, which requires more than one representation to be clearly understood, (Corneille de Voltaire, tom. v. p. 300;) and which, after an interval of some years, is said to have puzzled the author himself, (Anecdotes Dramatiques, tom. i. p. 422.) The revolt of Phocas and death of Maurice are told by Theophylact Simocatta, (l. viii. c. 7 - 12,) the Paschal Chronicle, (p. 379, 380,) Theophanes, (Chronograph. p. 238 - 244,) Zonaras, (tom. ii. l. xiv. p. 77 - 80,) and Cedrenus, (p. 399 - 404.) Gregor. l. xi. epist. 38, indict. vi. Benignitatem vestrae pietatis ad Imperiale fastigium pervenisse gaudemus. Laetentur coeli et exultet terra, et de vestris benignis actibus universae republicae populus nunc usque vehementer afflictus hilarescat, etc. This base flattery, the topic of Protestant invective, is justly censured by the philosopher Bayle, (Dictionnaire Critique, Gregoire I. Not. H. tom. ii. p. 597 598.)

Cardinal Baronius justifies the pope at the expense of the fallen emperor. The images of Phocas were destroyed; but even the malice of his enemies would suffer one copy of such a portrait or caricature (Cedrenus, p. 404) to escape the flames. The family of Maurice is represented by Ducange, (Familiae By zantinae, p. 106, 107, 108;) his eldest son Theodosius had been crowned emperor, when he was no more than four years and a half old, and he is always joined with his father in the salutations of Gregory.

With the Christian daughters, Anastasia and Theocteste, I am surprised to find the Pagan name of Cleopatra. Some of the cruelties of Phocas are marked by Theophylact, l. viii. c. 13, 14, 15. George of Pisidia, the poet of Heraclius, styles him (Bell.

Avaricum, p. 46, Rome, 1777) th~v turanni>dov oJ duska>qektov kai< biofqo>rov dralife was easily vanquished. In the writers, and in the copies of those writers, there is such hesitation between the names of Priscus and Crispus, (Ducange, Fam Byzant. p. 111,) that I have been tempted to identify the son-in-law of Phocas with the hero five times victorious over the Avars. According to Theophanes kizw>tia and eijko>nav [th~v ] zeomh>torov .

Cedrenus adds, ajceiropoi>hton e]ikona tou~ kuro>ou which Heraclius bore as a banner in the first Persian expedition. See George Pisid.

Acroas L 140. The manufacture seems to have flourished; but Foggini, the Roman editor, (p. 26,) is at a loss to determine whether this picture was an original or a copy. See the tyranny of Phocas and the elevation of Heraclius, in Chron.

Paschal. p. 380 - 383. Theophanes, p. 242 - 250. Nicephorus, p. 3 - 7.

Cedrenus, p. 404 - 407. Zonaras, tom. ii. l. xiv. p. 80 - 82. Theophylact, l. viii. c. 15. The life of Maurice was composed about the year 628 (l. viii. c. 13) by Theophylact Simocatta, ex-praefect, a native of Egypt. Photius, who gives an ample extract of the work, (cod. lxv. p. 81 - 100,) gently reproves the affectation and allegory of the style. His preface is a dialogue between Philosophy and History; they seat themselves under a plane-tree, and the latter touches her lyre. Christianis nec pactum esse, nec fidem nec foedus .... . quod si ulla illis fides fuisset, regem suum non occidissent. Eutych. Annales tom. ii. p. 211, vers. Pocock. We must now, for some ages, take our leave of contemporary historians, and descend, if it be a descent, from the affectation of rhetoric to the rude simplicity of chronicles and abridgments. Those of Theophanes (Chronograph. p. 244 - 279) and Nicephorus (p. 3 - 16) supply a regular, but imperfect, series of the Persian war; and for any additional facts I quote my special authorities. Theophanes, a courtier who became a monk, was born A.D. 748; Nicephorus patriarch of Constantinople, who died A.D. 829, was somewhat younger: they both suffered in the cause of images Hankius, de Scriptoribus Byzantinis, p. 200 - 246. The Persian historians have been themselves deceived: but Theophanes (p. 244) accuses Chosroes of the fraud and falsehood; and Eutychius believes (Annal. tom. ii. p. 212) that the son of Maurice, who was saved from the assassins, lived and died a monk on Mount Sinai. Eutychius dates all the losses of the empire under the reign of Phocas; an error which saves the honor of Heraclius, whom he brings not from Carthage, but Salonica, with a fleet laden with vegetables for the relief of Constantinople, (Annal. tom. ii. p. 223, 224.) The other Christians of the East, Barhebraeus, (apud Asseman, Bibliothec. Oriental. tom. iii. p. 412, 413,) Elmacin, (Hist. Saracen. p. 13 - 16,) Abulpharagius, (Dynast. p. 98, 99,) are more sincere and accurate. The years of the Persian war are disposed in the chronology of Pagi. On the conquest of Jerusalem, an event so interesting to the church, see the Annals of Eutychius, (tom. ii. p. 212 - 223,) and the lamentations of the monk Antiochus, (apud Baronium, Annal. Eccles.

A.D. 614, No. 16 - 26,) whose one hundred and twenty-nine homilies are still extant, if what no one reads may be said to be extant. See Hist. of Jews, vol. iii. p. 240. - M. The life of this worthy saint is composed by Leontius, a contemporary bishop; and I find in Baronius (Annal. Eccles. A.D. 610, No. 10, etc.) and Fleury (tom. viii. p. 235 - 242) sufficient extracts of this edifying work.) The error of Baronius, and many others who have carried the arms of Chosroes to Carthage instead of Chalcedon, is founded on the near resemblance of the Greek words, Kalxh>dona and Karch>dona, in the text of Theophanes, etc., which have been sometimes confounded by transcribers, and sometimes by critics. The genuine acts of St. Anastasius are published in those of the with general council, from whence Baronius (Annal. Eccles. A.D. 614, 626, 627) and Butler (Lives of the Saints, vol. i. p. 242 - 248) have taken their accounts. The holy martyr deserted from the Persian to the Roman army, became a monk at Jerusalem, and insulted the worship of the Magi, which was then established at Caesarea in Palestine. Abulpharagius, Dynast. p. 99. Elmacin, Hist. Saracen. p. 14. D'Anville, Mem. de l'Academie des Inscriptions, tom. xxxii. p. 568 - 571. The difference between the two races consists in one or two humps; the dromedary has only one; the size of the proper camel is larger; the country he comes from, Turkistan or Bactriana; the dromedary is confined to Arabia and Africa. Buffon, Hist. Naturelle, tom. xi. p. 211, etc. Aristot. Hist. Animal. tom. i. l. ii. c. 1, tom. ii. p. 185. The ruins of these scenes of Khoosroo's magnificence have been visited by Sir R. K. Porter. At the ruins of Tokht i Bostan, he saw a gorgeous picture of a hunt, singularly illustrative of this passage.

Travels, vol. ii. p. 204. Kisra Shirene, which he afterwards examined, appears to have been the palace of Dastagerd. Vol. ii. p. 173 - 175. - M. Theophanes, Chronograph. p. 268. D'Herbelot, Bibliotheque Orientale, p. 997. The Greeks describe the decay, the Persians the splendor, of Dastagerd; but the former speak from the modest witness of the eye, the latter from the vague report of the ear. The historians of Mahomet, Abulfeda (in Vit. Mohammed, p. 92, 93) and Gagnier, (Vie de Mahomet, tom. ii. p. 247,) date this embassy in the viith year of the Hegira, which commences A.D. 628, May 11.

Their chronology is erroneous, since Chosroes died in the month of February of the same year, (Pagi, Critica, tom. ii. p. 779.) The count de Boulainvilliers (Vie de Mahomed, p. 327, 328) places this embassy about A.D. 615, soon after the conquest of Palestine. Yet Mahomet would scarcely have ventured so soon on so bold a step. Khoosroo Purveez was encamped on the banks of the Karasoo River when he received the letter of Mahomed. He tore the letter and threw it into the Karasoo. For this action, the moderate author of the Zeenut-ul- Tuarikh calls him a wretch, and rejoices in all his subsequent misfortunes. These impressions still exist. I remarked to a Persian, when encamped near the Karasoo, in 1800, that the banks were very high, which must make it difficult to apply its waters to irrigation. “It once fertilized the whole country,” said the zealous Mahomedan, “but its channel sunk with honor from its banks, when that madman, Khoosroo, threw our holy Prophet's letter into its stream; which has ever since been accursed and useless. Malcolm's Persia, vol. i. p. 126 - M. See the xxxth chapter of the Koran, entitled the Greeks. Our honest and learned translator, Sale, (p. 330, 331,) fairly states this conjecture, guess, wager, of Mahomet; but Boulainvilliers, (p. 329 - 344,) with wicked intentions, labors to establish this evident prophecy of a future event, which must, in his opinion, embarrass the Christian polemics. Paul Warnefrid, de Gestis Langobardorum, l. iv. c. 38, 42. Muratori, Annali d'Italia, tom. v. p. 305, etc. The Paschal Chronicle, which sometimes introduces fragments of history into a barren list of names and dates, gives the best account of the treason of the Avars, p. 389, 390. The number of captives is added by Nicephorus. Some original pieces, such as the speech or letter of the Roman ambassadors, (p. 386 - 388,) likewise constitute the merit of the Paschal Chronicle, which was composed, perhaps at Alexandria, under the reign of Heraclius. Nicephorus, (p. 10, 11,) is happy to observe, that of two sons, its incestuous fruit, the elder was marked by Providence with a stiff neck, the younger with the loss of hearing. George of Pisidia, (Acroas. i. 112 - 125, p. 5,) who states the opinions, acquits the pusillanimous counsellors of any sinister views.

Would he have excused the proud and contemptuous admonition of Crispus? JEpiqwpta>zwn oujk e]xon basilei o]faske katalimpa>nein basi>leia, kai< toi~v po>rjrJw ejpicwrai>zein duna>mesin. Eij tanav eujexi>av jEsfalme>nav le>gousin oujk ajpeiko>twv, Kei>sqw to< loiqorsidov Antistro>fwn de<, ect.—George Pisid. Acroas. i. 51, etc. p: 4.

The Orientals are not less fond of remarking this strange vicissitude; and I remember some story of Khosrou Parviz, not very unlike the ring of Polycrates of Samos. Baronius gravely relates this discovery, or rather transmutation, of barrels, not of honey, but of gold, (Annal. Eccles. A.D. 620, No. 3, etc.) Yet the loan was arbitrary, since it was collected by soldiers, who were ordered to leave the patriarch of Alexandria no more than one hundred pounds of gold. Nicephorus, (p. 11,) two hundred years afterwards, speaks with ill humor of this contribution, which the church of Constantinople might still feel. Theophylact Symocatta, l. viii. c. 12. This circumstance need not excite our surprise. The muster-roll of a regiment, even in time of peace, is renewed in less than twenty or twenty-five years. He changed his purple for black, buckskins, and dyed them red in the blood of the Persians, (Georg. Pisid. Acroas. iii. 118, 121, 122 See the notes of Foggini, p. 35.) George of Pisidia, (Acroas. ii. 10, p. 8) has fixed this important point of the Syrian and Cilician gates. They are elegantly described by Xenophon, who marched through them a thousand years before. A narrow pass of three stadia between steep, high rocks (pe>trai hjlizatoi ), and the Mediterranean, was closed at each end by strong gates, impregnable to the land (parelqei~n oujk hjn bi>a| ), accessible by sea, (Anabasis, l. i. p. 35, 36, with Hutchinson's Geographical Dissertation, p. vi.) The gates were thirty-five parasangs, or leagues, from Tarsus, (Anabasis, l. i. p. 33, 34,) and eight or ten from Antioch.

Compare Itinerar. Wesseling, p. 580, 581. Schultens, Index Geograph. ad calcem Vit. Saladin. p. 9. Voyage en Turquie et en Perse, par M.

Otter, tom. i. p. 78, 79. Heraclius might write to a friend in the modest words of Cicero:

Castra habuimus ea ipsa quae contra Darium habuerat apud Issum Alexander, imperator haud paulo melior quam aut tu aut ego.” Ad Atticum, v. 20. Issus, a rich and flourishing city in the time of Xenophon, was ruined by the prosperity of Alexandria or Scanderoon, on the other side of the bay. Foggini (Annotat. p. 31) suspects that the Persians were deceived by the falagx peplhgmearmy. He observes (p. 28) that the military descriptions of George of Pisidia are transcribed in the Tactics of the emperor Leo. George of Pisidia, an eye-witness, (Acroas. ii. 122, etc.,) described in three acroaseis, or cantos, the first expedition of Heraclius. The poem has been lately (1777) published at Rome; but such vague and declamatory praise is far from corresponding with the sanguine hopes of Pagi, D'Anville, etc. Theophanes (p. 256) carries Heraclius swiftly (kata< tacoconfounds the two expeditions, defines the province of Lazica. Eutychius (Annal. tom. ii. p. 231) has given the 5000 men, with the more probable station of Trebizond. From Constantinople to Trebizond, with a fair wind, four or five days; from thence to Erzerom, five; to Erivan, twelve; to Taurus, ten; in all, thirty-two. Such is the Itinerary of Tavernier, (Voyages, tom. i. p. 12 - 56,) who was perfectly conversant with the roads of Asia. Tournefort, who travelled with a pacha, spent ten or twelve days between Trebizond and Erzerom, (Voyage du Levant, tom. iii. lettre xviii.;) and Chardin (Voyages, tom. i. p. 249 - 254) gives the more correct distance of fifty-three parasangs, each of 5000 paces, (what paces?) between Erivan and Tauris. The expedition of Heraclius into Persia is finely illustrated by M.

D'Anville, (Memoires de l'Academie des Inscriptions, tom. xxviii. p. 559 - 573.) He discovers the situation of Gandzaca, Thebarma, Dastagerd, etc., with admirable skill and learning; but the obscure campaign of 624 he passes over in silence. Et pontem indignatus Araxes. - Virgil, Aeneid, viii. 728.

The River Araxes is noisy, rapid, vehement, and, with the melting of the snows, irresistible: the strongest and most massy bridges are swept away by the current; and its indignation is attested by the ruins of many arches near the old town of Zulfa. Voyages de Chardin, tom. i. p. 252. Chardin, tom. i. p. 255 - 259. With the Orientals, (D'Herbelot, Biblioth. Orient. p. 834,) he ascribes the foundation of Tauris, or Tebris, to Zobeide, the wife of the famous Khalif Haroun Alrashid; but it appears to have been more ancient; and the names of Gandzaca, Gazaca, Gaza, are expressive of the royal treasure. The number of 550,000 inhabitants is reduced by Chardin from 1,100,000, the popular estimate. He opened the gospel, and applied or interpreted the first casual passage to the name and situation of Albania. Theophanes, p. 258. The heath of Mogan, between the Cyrus and the Araxes, is sixty parasangs in length and twenty in breadth, (Olearius, p. 1023, 1024,) abounding in waters and fruitful pastures, (Hist. de Nadir Shah, translated by Mr. Jones from a Persian Ms., part ii. p. 2, 3.) See the encampments of Timur, (Hist. par Sherefeddin Ali, l. v. c. 37, l. vi. c. 13,) and the coronation of Nadir Shah, (Hist. Persanne, p. 3 - 13 and the English Life by Mr. Jones, p. 64, 65.) Thebarma and Ormia, near the Lake Spauta, are proved to be the same city by D'Anville, (Memoires de l'Academie, tom. xxviii. p. 564, 565.) It is honored as the birthplace of Zoroaster, according to the Persians, (Schultens, Index Geograph. p. 48;) and their tradition is fortified by M. Perron d'Anquetil, (Mem. de l'Acad. des Inscript. tom. xxxi. p. 375,) with some texts from his, or their, Zendavesta. D'Anville (Mem. de l'Acad. des Inscript. tom. xxxii. p. 560) labored to prove the identity of these two cities; but according to M. St. Martin, vol. xi. p. 97, not with perfect success. Ourmiah. called Ariema in the ancient Pehlvi books, is considered, both by the followers of Zoroaster and by the Mahometans, as his birthplace. It is situated in the southern part of Aderbidjan. - M. I cannot find, and (what is much more,) M. D'Anville does not attempt to seek, the Salban, Tarantum, territory of the Huns, etc., mentioned by Theophanes, (p. 260 - 262.) Eutychius, (Annal. tom. ii. p. 231, 232,) an insufficient author, names Asphahan; and Casbin is most probably the city of Sapor. Ispahan is twenty-four days' journey from Tauris, and Casbin half way between, them (Voyages de Tavernier, tom. i. p. 63 - 82.) At ten parasangs from Tarsus, the army of the younger Cyrus passed the Sarus, three plethra in breadth: the Pyramus, a stadium in breadth, ran five parasangs farther to the east, (Xenophon, Anabas. l. i. p 33, 34.) Note: Now the Sihan. - M. George of Pisidia (Bell. Abaricum, 246 - 265, p. 49) celebrates with truth the persevering courage of the three campaigns (trei~v peridro>mouv ) against the Persians. Petavius (Annotationes ad Nicephorum, p. 62, 63, 64) discriminates the names and actions of five Persian generals who were successively sent against Heraclius. This number of eight myriads is specified by George of Pisidia, (Bell.

Abar. 219.) The poet (50 - 88) clearly indicates that the old chagan lived till the reign of Heraclius, and that his son and successor was born of a foreign mother. Yet Foggini (Annotat. p. 57) has given another interpretation to this passage. A bird, a frog, a mouse, and five arrows, had been the present of the Scythian king to Darius, (Herodot. l. iv. c. 131, 132.) Substituez une lettre a ces signes (says Rousseau, with much good taste) plus elle sera menacante moins elle effrayera; ce ne sera qu'une fanfarronade dont Darius n'eut fait que rire, (Emile, tom. iii. p. 146.) Yet I much question whether the senate and people of Constantinople laughed at this message of the chagan. The Paschal Chronicle (p. 392 - 397) gives a minute and authentic narrative of the siege and deliverance of Constantinople Theophanes (p. 264) adds some circumstances; and a faint light may be obtained from the smoke of George of Pisidia, who has composed a poem (de Bello Abarico, p. 45 - 54) to commemorate this auspicious event. The power of the Chozars prevailed in the viith, viiith, and ixth centuries. They were known to the Greeks, the Arabs, and under the name of Kosa, to the Chinese themselves. De Guignes, Hist. des Huns, tom. ii. part ii. p. 507 - 509. Moses of Chorene speaks of an invasion of Armenia by the Khazars in the second century, l. ii. c. 62. M. St. Martin suspects them to be the same with the Hunnish nation of the Acatires or Agazzires. They are called by the Greek historians Eastern Turks; like the Madjars and other Hunnish or Finnish tribes, they had probably received some admixture from the genuine Turkish races. Ibn. Hankal (Oriental Geography) says that their language was like the Bulgarian, and considers them a people of Finnish or Hunnish race. Klaproth, Tabl. Hist. p. 268 - 273. Abel Remusat, Rech. sur les Langues Tartares, tom. i. p. 315, 316. St. Martin, vol. xi. p. 115. - M Epiphania, or Eudocia, the only daughter of Heraclius and his first wife Eudocia, was born at Constantinople on the 7th of July, A.D. 611, baptized the 15th of August, and crowned (in the oratory of St.

Stephen in the palace) the 4th of October of the same year. At this time she was about fifteen. Eudocia was afterwards sent to her Turkish husband, but the news of his death stopped her journey, and prevented the consummation, (Ducange, Familiae Byzantin. p. 118.) Elmcain (Hist. Saracen. p. 13 - 16) gives some curious and probable facts; but his numbers are rather too high - 300,000 Romans assembled at Edessa - 500,000 Persians killed at Nineveh. The abatement of a cipher is scarcely enough to restore his sanity Ctesias (apud Didor. Sicul. tom. i. l. ii. p. 115, edit. Wesseling) assigns 480 stadia (perhaps only 32 miles) for the circumference of Nineveh.

Jonas talks of three days' journey: the 120,000 persons described by the prophet as incapable of discerning their right hand from their left, may afford about 700,000 persons of all ages for the inhabitants of that ancient capital, (Goguet, Origines des Loix, etc., tom. iii. part i. p. 92, 93,) which ceased to exist 600 years before Christ. The western suburb still subsisted, and is mentioned under the name of Mosul in the first age of the Arabian khalifs. Niebuhr (Voyage en Arabie, etc., tom. ii. p. 286) passed over Nineveh without perceiving it. He mistook for a ridge of hills the old rampart of brick or earth. It is said to have been 100 feet high, flanked with towers, each of the height of 200 feet. Rex regia arma fero (says Romulus, in the first consecration) .... bina postea (continues Livy, i. 10) inter tot bella, opima parta sunt spolia, adeo rara ejus fortuna decoris. If Varro (apud Pomp Festum, p. 306, edit. Dacier) could justify his liberality in granting the opime spoils even to a common soldier who had slain the king or general of the enemy, the honor would have been much more cheap and common Macdonald Kinneir places Dastagerd at Kasr e Shirin, the palace of Sira on the banks of the Diala between Holwan and Kanabee. Kinnets Geograph. Mem. p. 306. - M. In describing this last expedition of Heraclius, the facts, the places, and the dates of Theophanes (p. 265 - 271) are so accurate and authentic, that he must have followed the original letters of the emperor, of which the Paschal Chronicle has preserved (p. 398 - 402) a very curious specimen. The Schirin of Persian poetry. The love of Chosru and Schirin rivals in Persian romance that of Joseph with Zuleika the wife of Potiphar, of Solomon with the queen of Sheba, and that of Mejnoun and Leila. The number of Persian poems on the subject may be seen in M. von Hammer's preface to his poem of Schirin. - M The words of Theophanes are remarkable: eijsh~lqen Cosroliv cwrhqeitou quprinces who discover a propensity to war should repeatedly transcribe and translate such salutary texts. His name was Kabad (as appears from an official letter in the Paschal Chronicle, p. 402.) St. Martin considers the name Siroes, Schirquieh of Schirwey, derived from the word schir, royal. St. Martin, xi. 153. - M. The authentic narrative of the fall of Chosroes is contained in the letter of Heraclius (Chron. Paschal. p. 398) and the history of Theophanes, (p. 271.) According to Le Beau, this massacre was perpetrated at Mahuza in Babylonia, not in the presence of Chosroes. The Syrian historian, Thomas of Maraga, gives Chosroes twenty-four sons; Mirkhond, (translated by De Sacy,) fifteen; the inedited Modjmel-alte-warikh, agreeing with Gibbon, eighteen, with their names. Le Beau and St.

Martin, xi. 146. - M. On the first rumor of the death of Chosroes, an Heracliad in two cantos was instantly published at Constantinople by George of Pisidia, (p. 97 - 105.) A priest and a poet might very properly exult in the damnation of the public enemy but such mean revenge is unworthy of a king and a conqueror; and I am sorry to find so much black superstition in the letter of Heraclius: he almost applauds the parricide of Siroes as an act of piety and justice. Note: The Mahometans show no more charity towards the memory of Chosroes or Khoosroo Purveez. All his reverses are ascribed to the just indignation of God, upon a monarch who had dared, with impious and accursed hands, to tear the letter of the Holy Prophet Mahomed. Compare note, p. 231. - M. Yet Gibbon himself places the flight and death of Yesdegird Ill., the last king of Persia, in 651. The famous era of Yesdegird dates from his accession, June 16 632. - M. The best Oriental accounts of this last period of the Sassanian kings are found in Eutychius, (Annal. tom. ii. p. 251 - 256,) who dissembles the parricide of Siroes, D'Herbelot (Bibliotheque Orientale, p. 789,) and Assemanni, (Bibliothec. Oriental. tom. iii. p. 415 - 420.) The letter of Siroes in the Paschal Chronicle (p. 402) unfortunately ends before he proceeds to business. The treaty appears in its execution in the histories of Theophanes and Nicephorus. M. Mai. Script. Vet.

Nova Collectio, vol. i. P. 2, p. 223, has added some lines, but no clear sense can be made out of the fragment. - M. The burden of Corneille's song, “Montrez Heraclius au peuple qui l’attend,” is much better suited to the present occasion. See his triumph in Theophanes (p. 272, 273) and Nicephorus, (p. 15, 16.) The life of the mother and tenderness of the son are attested by George of Pisidia, (Bell. Abar. 255, etc., p. 49.) The metaphor of the Sabbath is used somewhat profanely by these Byzantine Christians. See Baronius, (Annal. Eccles. A.D. 628, No. 1 - 4,) Eutychius, (Annal. tom. ii. p. 240 - 248,) Nicephorus, (Brev. p. 15.) The seals of the case had never been broken; and this preservation of the cross is ascribed (under God) to the devotion of Queen Sira. If the clergy imposed upon the kneeling and penitent emperor the persecution of the Jews, it must be acknowledge that provocation was not wanting; for how many of them had been eye-witnesses of, perhaps sufferers in, the horrible atrocities committed on the capture of the city!

Yet we have no authentic account of great severities exercised by Heraclius. The law of Hadrian was reenacted, which prohibited the Jews from approaching within three miles of the city - a law, which, in the present exasperated state of the Christians, might be a measure of security of mercy, rather than of oppression. Milman, Hist. of the Jews, iii. 242. - M. George of Pisidia, Acroas. iii. de Expedit. contra Persas, 415, etc., and Heracleid. Acroas. i. 65 - 138. I neglect the meaner parallels of Daniel, Timotheus, etc.; Chosroes and the chagan were of course compared to Belshazzar, Pharaoh, the old serpent, etc. Suidas (in Excerpt. Hist. Byzant. p. 46) gives this number; but either the Persian must be read for the Isaurian war, or this passage does not belong to the emperor Heraclius.

CHAPTER - By what means shall I authenticate this previous inquiry, which I have studied to circumscribe and compress? - If I persist in supporting each fact or reflection by its proper and special evidence, every line would demand a string of testimonies, and every note would swell to a critical dissertation. But the numberless passages of antiquity which I have seen with my own eyes, are compiled, digested and illustrated by Petavius and Le Clerc, by Beausobre and Mosheim. I shall be content to fortify my narrative by the names and characters of these respectable guides; and in the contemplation of a minute or remote object, I am not ashamed to borrow the aid of the strongest glasses: 1. The Dogmata Theologica of Petavius are a work of incredible labor and compass; the volumes which relate solely to the Incarnation (two folios, vth and vith, of 837 pages) are divided into xvi. books - the first of history, the remainder of controversy and doctrine. The Jesuit's learning is copious and correct; his Latinity is pure, his method clear, his argument profound and well connected; but he is the slave of the fathers, the scourge of heretics, and the enemy of truth and candor, as often as they are inimical to the Catholic cause. 2. The Arminian Le Clerc, who has composed in a quarto volume (Amsterdam, 1716) the ecclesiastical history of the two first centuries, was free both in his temper and situation; his sense is clear, but his thoughts are narrow; he reduces the reason or folly of ages to the standard of his private judgment, and his impartiality is sometimes quickened, and sometimes tainted by his opposition to the fathers. See the heretics (Cerinthians, lxxx. Ebionites, ciii. Carpocratians, cxx. Valentiniins, cxxi. Basilidians, cxxiii.

Marcionites, cxli., etc.) under their proper dates. 3. The Histoire Critique du Manicheisme (Amsterdam, 1734, 1739, in two vols. in 4to., with a posthumous dissertation sur les Nazarenes, Lausanne, 1745) of M. de Beausobre is a treasure of ancient philosophy and theology. The learned historian spins with incomparable art the systematic thread of opinion, and transforms himself by turns into the person of a saint, a sage, or a heretic. Yet his refinement is sometimes excessive; he betrays an amiable partiality in favor of the weaker side, and, while he guards against calumny, he does not allow sufficient scope for superstition and fanaticism. A copious table of contents will direct the reader to any point that he wishes to examine. 4. Less profound than Petavius, less independent than Le Clerc, less ingenious than Beausobre, the historian Mosheim is full, rational, correct, and moderate. In his learned work, De Rebus Christianis ante Constantinum (Helmstadt 1753, in 4to.,) see the Nazarenes and Ebionites, p. 172 - 179, 328 - 332. The Gnostics in general, p. 179, etc. Cerinthus, p. 196 - 202. Basilides, p. 352 - 361.

Carpocrates, p. 363 - 367. Valentinus, p. 371 - 389 Marcion, p. 404 - 410. The Manichaeans, p. 829 - 837, etc. Kai< gantev hJmiei~v topwn prosdokw~men genh>sesqai Jew Tryphon, (Justin. Dialog. p. 207) in the name of his countrymen, and the modern Jews, the few who divert their thoughts from money to religion, still hold the same language, and allege the literal sense of the prophets. See on this passage Bp. Kaye, Justin Martyr, p. 25. - M. Note: Most of the modern writers, who have closely examined this subject, and who will not be suspected of any theological bias, Rosenmuller on Isaiah ix. 5, and on Psalm xlv. 7, and Bertholdt, Christologia Judaeorum, c. xx., rightly ascribe much higher notions of the Messiah to the Jews. In fact, the dispute seems to rest on the notion that there was a definite and authorized notion of the Messiah, among the Jews, whereas it was probably so vague, as to admit every shade of difference, from the vulgar expectation of a mere temporal king, to the philosophic notion of an emanation from the Deity. - M. Chrysostom (Basnage, Hist. des Juifs, tom. v. c. 9, p. 183) and Athanasius (Petav. Dogmat. Theolog. tom. v. l. i. c. 2, p. 3) are obliged to confess that the Divinity of Christ is rarely mentioned by himself or his apostles. The two first chapters of St. Matthew did not exist in the Ebionite copies, (Epiphan. Haeres. xxx. 13;) and the miraculous conception is one of the last articles which Dr. Priestley has curtailed from his scanty creed. The distinct allusion to the facts related in the two first chapters of the Gospel, in a work evidently written about the end of the reign of Nero, the Ascensio Isaiae, edited by Archbishop Lawrence, seems convincing evidence that they are integral parts of the authentic Christian history. - M. It is probable enough that the first of the Gospels for the use of the Jewish converts was composed in the Hebrew or Syriac idiom: the fact is attested by a chain of fathers - Papias, Irenaeus, Origen, Jerom, etc.

It is devoutly believed by the Catholics, and admitted by Casaubon, Grotius, and Isaac Vossius, among the Protestant critics. But this Hebrew Gospel of St. Matthew is most unaccountably lost; and we may accuse the diligence or fidelity of the primitive churches, who have preferred the unauthorized version of some nameless Greek. Erasmus and his followers, who respect our Greek text as the original Gospel, deprive themselves of the evidence which declares it to be the work of an apostle. See Simon, Hist. Critique, etc., tom. iii. c. 5 - 9, p. 47 - 101, and the Prolegomena of Mill and Wetstein to the New Testament.

Surely the extinction of the Judaeo-Christian community related from Mosheim by Gibbon himself (c. xv.) accounts both simply and naturally for the loss of a composition, which had become of no use - nor does it follow that the Greek Gospel of St. Matthew is unauthorized. - M. The metaphysics of the soul are disengaged by Cicero (Tusculan. l. i.) and Maximus of Tyre (Dissertat. xvi.) from the intricacies of dialogue, which sometimes amuse, and often perplex, the readers of the Phoedrus, the Phoedon, and the Laws of Plato. The disciples of Jesus were persuaded that a man might have sinned before he was born, (John, ix. 2,) and the Pharisees held the transmigration of virtuous souls, (Joseph. de Bell. Judaico, l. ii. c. 7;) and a modern Rabbi is modestly assured, that Hermes, Pythagoras, Plato, etc., derived their metaphysics from his illustrious countrymen. Four different opinions have been entertained concerning the origin of human souls: 1. That they are eternal and divine. 2. That they were created in a separate state of existence, before their union with the body. 3. That they have been propagated from the original stock of Adam, who contained in himself the mental as well as the corporeal seed of his posterity. 4. That each soul is occasionally created and embodied in the moment of conception. - The last of these sentiments appears to have prevailed among the moderns; and our spiritual history is grown less sublime, without becoming more intelligible. \Oti hJ teu~ Swth~rov yuch< hJ tou~ jAdaheresies imputed to Origen, and denied by his apologist, (Photius, Bibliothec. cod. cxvii. p. 296.) Some of the Rabbis attribute one and the same soul to the persons of Adam, David, and the Messiah. Apostolis adhuc in seculo superstitibus, apud Judaeam Christi sanguine recente, Phantasma domini corpus asserebatur. Hieronym, advers. Lucifer. c. 8. The epistle of Ignatius to the Smyrnaeans, and even the Gospel according to St. John, are levelled against the growing error of the Docetes, who had obtained too much credit in the world, John, iv. 1 - 5.) About the year 200 of the Christian aera, Irenaeus and Hippolytus refuted the thirty-two sects, th~v yeudwnu>mou gnwse>wv which had multiplied to fourscore in the time of Epiphanius, (Phot. Biblioth. cod. cxx. cxxi. cxxii.) The five books of Irenaeus exist only in barbarous Latin; but the original might perhaps be found in some monastery of Greece. The pilgrim Cassian, who visited Egypt in the beginning of the vth century, observes and laments the reign of anthropomorphism among the monks, who were not conscious that they embraced the system of Epicurus, (Cicero, de Nat. Deorum, i. 18, 34.) Ab universo propemodum genere monachorum, qui per totam provinciam Egyptum morabantur, pro simplicitatis errore susceptum est, ut e contraric memoratum pontificem (Theophilus) velut haeresi gravissima depravatum, pars maxima seniorum ab universo fraternitatis corpore decerneret detestandum, (Cassian, Collation. x. 2.) As long as St.

Augustin remained a Manichaean, he was scandalized by the anthropomorphism of the vulgar Catholics. Ita est in oratione senex mente confusus, eo quod illam imaginem Deitatis, quam proponere sibi in oratione consueverat, aboleri de suo corde sentiret, ut in amarissimos fletus, crebrosque singultus repente prorumpens, in terram prostratus, cum ejulatu validissimo proclamaret; “Heu me miserum! tulerunt a me Deum meum, et quem nunc teneam non habeo, vel quem adorem, aut interpallam am nescio.” Cassian, Collat. x. 2. St. John and Cerinthus (A.D. 80. Cleric. Hist. Eccles. p. 493) accidentally met in the public bath of Ephesus; but the apostle fled from the heretic, lest the building should tumble on their heads. This foolish story, reprobated by Dr. Middleton, (Miscellaneous Works, vol. ii.,) is related, however, by Irenaeus, (iii. 3,) on the evidence of Polycarp, and was probably suited to the time and residence of Cerinthus. The obsolete, yet probably the true, reading of 1 John, iv. 3 alludes to the double nature of that primitive heretic. Griesbach asserts that all the Greek Mss., all the translators, and all the Greek fathers, support the common reading. - Nov. Test. in loc. - M The Valentinians embraced a complex, and almost incoherent, system. 1. Both Christ and Jesus were aeons, though of different degrees; the one acting as the rational soul, the other as the divine spirit of the Savior. 2. At the time of the passion, they both retired, and left only a sensitive soul and a human body. 3. Even that body was aethereal, and perhaps apparent. - Such are the laborious conclusions of Mosheim.

But I much doubt whether the Latin translator understood Irenaeus, and whether Irenaeus and the Valetinians understood themselves. The heretics abused the passionate exclamation of “My God, my God, why hast thou forsaken me?” Rousseau, who has drawn an eloquent, but indecent, parallel between Christ and Socrates, forgets that not a word of impatience or despair escaped from the mouth of the dying philosopher. In the Messiah, such sentiments could be only apparent; and such ill-sounding words were properly explained as the application of a psalm and prophecy. This strong expression might be justified by the language of St. Paul, (1 Tim. iii. 16;) but we are deceived by our modern Bibles. The word which was altered to God at Constantinople in the beginning of the vith century: the true reading, which is visible in the Latin and Syriac versions, still exists in the reasoning of the Greek, as well as of the Latin fathers; and this fraud, with that of the three witnesses of St.

John, is admirably detected by Sir Isaac Newton. (See his two letters translated by M. de Missy, in the Journal Britannique, tom. xv. p. 148 - 190, 351 - 390.) I have weighed the arguments, and may yield to the authority of the first of philosophers, who was deeply skilled in critical and theological studies. Note: It should be Griesbach in loc. The weight of authority is so much against the common reading in both these points, that they are no longer urged by prudent controversialists.

Would Gibbon's deference for the first of philosophers have extended to all his theological conclusions? - M. For Apollinaris and his sect, see Socrates, l. ii. c. 46, l. iii. c. Sazomen, l. v. c. 18, 1. vi. c. 25, 27. Theodoret, l. v. 3, 10, 11.

Tillemont, Memoires Ecclesiastiques, tom. vii. p. 602 - 638. Not. p. 789 - 794, in 4to. Venise, 1732. The contemporary saint always mentions the bishop of Laodicea as a friend and brother. The style of the more recent historians is harsh and hostile: yet Philostorgius compares him (l. viii. c. 11 - 15) to Basil and Gregory. I appeal to the confession of two Oriental prelates, Gregory Abulpharagius the Jacobite primate of the East, and Elias the Nestorian metropolitan of Damascus, (see Asseman, Bibliothec. Oriental. tom. ii. p. 291, tom. iii. p. 514, etc.,) that the Melchites, Jacobites, Nestorians, etc., agree in the doctrine, and differ only in the expression. Our most learned and rational divines - Basnage, Le Clerc, Beausobre, La Croze, Mosheim, Jablonski - are inclined to favor this charitable judgment; but the zeal of Petavius is loud and angry, and the moderation of Dupin is conveyed in a whisper. La Croze (Hist. du Christianisme des Indes, tom. i. p. 24) avows his contempt for the genius and writings of Cyril. De tous les on vrages des anciens, il y en a peu qu'on lise avec moins d'utilite: and Dupin, (Bibliotheque Ecclesiastique, tom. iv. p. 42 - 52,) in words of respect, teaches us to despise them. Of Isidore of Pelusium, (l. i. epist. 25, p. 8.) As the letter is not of the most creditable sort, Tillemont, less sincere than the Bollandists, affects a doubt whether this Cyril is the nephew of Theophilus, (Mem. Eccles. tom. xiv. p. 268.) A grammarian is named by Socrates (l. vii. c. 13) dia>purov de< ajkroathpou Kuri>llou kaqestetouv ejn tai~v didaskali>aiv aujtou~ egeirein h+n spoudaio>tatov . See the youth and promotion of Cyril, in Socrates, (l. vii. c. 7) and Renaudot, (Hist. Patriarchs. Alexandrin. p. 106, 108.) The Abbe Renaudot drew his materials from the Arabic history of Severus, bishop of Hermopolis Magma, or Ashmunein, in the xth century, who can never be trusted, unless our assent is extorted by the internal evidence of facts. The Parabolani of Alexandria were a charitable corporation, instituted during the plague of Gallienus, to visit the sick and to bury the dead.

They gradually enlarged, abused, and sold the privileges of their order.

Their outrageous conduct during the reign of Cyril provoked the emperor to deprive the patriarch of their nomination, and to restrain their number to five or six hundred. But these restraints were transient and ineffectual. See the Theodosian Code, l. xvi. tit. ii. and Tillemont, Mem. Eccles. tom. xiv. p. 276 - 278. For Theon and his daughter Hypatia. see Fabricius, Bibliothec. tom. viii. p. 210, 211. Her article in the Lexicon of Suidas is curious and original. Hesychius (Meursii Opera, tom. vii. p. 295, 296) observes, that he was persecuted; dia< than and an epigram in the Greek Anthology (l. i. c. 76, p. 159, edit. Brodaei) celebrates her knowledge and eloquence. She is honorably mentioned (Epist. 10, 15 16, 33 - 80, 124, 135, 153) by her friend and disciple the philosophic bishop Synesius. jOstra>koiv ajnei~lon, kai< melhdosantev ect. Oyster shells were plentifully strewed on the sea-beach before the Caesareum.

I may therefore prefer the literal sense, without rejecting the metaphorical version of tegulae, tiles, which is used by M. de Valois ignorant, and the assassins were probably regardless, whether their victim was yet alive. These exploits of St. Cyril are recorded by Socrates, (l. vii. c. 13, 14, 15;) and the most reluctant bigotry is compelled to copy an historian who coolly styles the murderers of Hypatia a]ndev to< fro>nhma e]nqermoi At the mention of that injured name, I am pleased to observe a blush even on the cheek of Baronius, (A.D. 415, No. 48.) He was deaf to the entreaties of Atticus of Constantinople, and of Isidore of Pelusium, and yielded only (if we may believe Nicephorus, l. xiv. c. 18) to the personal intercession of the Virgin. Yet in his last years he still muttered that John Chrysostom had been justly condemned, (Tillemont, Mem. Eccles. tom. xiv. p. 278 - 282. Baronius Annal. Eccles. A.D. 412, No. 46 - 64.) See their characters in the history of Socrates, (l. vii. c. 25 - 28;) their power and pretensions, in the huge compilation of Thomassin, (Discipline de l'Eglise, tom. i. p. 80 - 91.) His elevation and conduct are described by Socrates, (l. vii. c. 29 31;) and Marcellinus seems to have applied the eloquentiae satis, sapi entiae parum, of Sallust. Cod. Theodos. l. xvi. tit. v. leg. 65, with the illustrations of Baronius, (A.D. 428, No. 25, etc.,) Godefroy, (ad locum,) and Pagi, Critica, tom. ii. p. 208.) Isidore of Pelusium, (l. iv. Epist. 57.) His words are strong and scandalous. Isidore is a saint, but he never became a bishop; and I half suspect that the pride of Diogenes trampled on the pride of Plato. La Croze (Christianisme des Indes, tom. i. p. 44 - 53. Thesaurus Epistolicus, La Crozianus, tom. iii. p. 276 - 280) has detected the use, which, in the ivth, vth, and vith centuries, discriminates the school of Diodorus of Tarsus and his Nestorian disciples. Qeoto>kov —Deipara; as in zoology we familiarly speak of oviparous and viviparous animals. It is not easy to fix the invention of this word, which La Croze (Christianisme des Indes, tom. i. p. 16) ascribes to Eusebius of Caesarea and the Arians. The orthodox testimonies are produced by Cyril and Petavius, (Dogmat. Theolog. tom. v. l. v. c. 15, p. 254, etc.;) but the veracity of the saint is questionable, and the epithet of Qeoto>kov so easily slides from the margin to the text of a Catholic Ms Basnage, in his Histoire de l'Eglise, a work of controversy, (tom l. p. 505,) justifies the mother, by the blood, of God, (Acts, xx. 28, with Mill's various readings.) But the Greek Mss. are far from unanimous; and the primitive style of the blood of Christ is preserved in the Syriac version, even in those copies which were used by the Christians of St.

Thomas on the coast of Malabar, (La Croze, Christianisme des Indes, tom. i. p. 347.) The jealousy of the Nestorians and Monophysites has guarded the purity of their text. The Pagans of Egypt already laughed at the new Cybele of the Christians, (Isidor. l. i. epist. 54;) a letter was forged in the name of Hypatia, to ridicule the theology of her assassin, (Synodicon, c. 216, in iv. tom. Concil. p. 484.) In the article of Nestorius, Bayle has scattered some loose philosophy on the worship of the Virgin Mary. The ajnti>dosiv of the Greeks, a mutual loan or transfer of the idioms or properties of each nature to the other - of infinity to man, passibility to God, etc. Twelve rules on this nicest of subjects compose the Theological Grammar of Petavius, (Dogmata Theolog. tom. v. l. iv. c. 14, 15, p 209, etc.) See Ducange, C. P. Christiana, l. i. p. 30, etc. Concil. tom. iii. p. 943. They have never been directly approved by the church, (Tillemont. Mem. Eccles. tom. xiv. p. 368 - 372.) I almost pity the agony of rage and sophistry with which Petavius seems to be agitated in the vith book of his Dogmata Theologica Such as the rational Basnage (ad tom. i. Variar. Lection. Canisine in Praefat. c. 2, p. 11 - 23) and La Croze, the universal scholar, (Christianisme des Indes, tom. i. p. 16 - 20. De l'Ethiopie, p. 26, 27.

The saur. Epist. p. 176, etc., 283, 285.) His free sentence is confirmed by that of his friends Jablonski (Thesaur. Epist. tom. i. p. 193 - 201) and Mosheim, (idem. p. 304, Nestorium crimine caruisse est et mea sententia;) and three more respectable judges will not easily be found.

Asseman, a learned and modest slave, can hardly discern (Bibliothec.

Orient. tom. iv. p. 190 - 224) the guilt and error of the Nestorians. The origin and progress of the Nestorian controversy, till the synod of Ephesus, may be found in Socrates, (l. vii. c. 32,) Evagrius, (l. i. c. 1, 2,) Liberatus, (Brev. c. 1 - 4,) the original Acts, (Concil. tom. iii. p. - 991, edit. Venice, 1728,) the Annals of Baronius and Pagi, and the faithful collections of Tillemont, (Mem. Eccles. tom. xiv p. 283 - 377.) The Christians of the four first centuries were ignorant of the death and burial of Mary. The tradition of Ephesus is affirmed by the synod, ( e]nqa oJ Qeolo>gov jIwa>nnhv, kai< hJ Qeoto>kov parqe>nov hJ aJgi>a Mari>a —Concil. tom. iii. p. 1102;) yet it has been superseded by the claim of Jerusalem; and her empty sepulchre, as it was shown to the pilgrims, produced the fable of her resurrection and assumption, in which the Greek and Latin churches have piously acquiesced. See Baronius (Annal. Eccles. A.D. 48, No. 6, etc.) and Tillemont, (Mem.

Eccles. tom. i. p. 467 - 477.) The Acts of Chalcedon (Concil. tom. iv. p. 1405, 1408) exhibit a lively picture of the blind, obstinate servitude of the bishops of Egypt to their patriarch. Civil or ecclesiastical business detained the bishops at Antioch till the 18th of May. Ephesus was at the distance of thirty days' journey; and ten days more may be fairly allowed for accidents and repose. The march of Xenophon over the same ground enumerates above parasangs or leagues; and this measure might be illustrated from ancient and modern itineraries, if I knew how to compare the speed of an army, a synod, and a caravan. John of Antioch is reluctantly acquitted by Tillemont himself, (Mem. Eccles. tom. xiv. p. 386 - 389.) Memfo>menon mh< kata< to< de>on ta< ejn jEfe>sw| sunteqh~nai uJpomnha| de< kai< tini ajqe>smw| kainotomi>a| Kuri>llou tecna>zontov. Evagrius, l. i. c. 7. The same imputation was urged by Count Irenaeus, (tom. iii. p. 1249;) and the orthodox critics do not find it an easy task to defend the purity of the Greek or Latin copies of the Acts. JO de< ejp j ojle>qrw| twn ejkklhsiw~n tecqeiv. After the coalition of John and Cyril these invectives were mutually forgotten. The style of declamation must never be confounded with the genuine sense which respectable enemies entertain of each other's merit, (Concil tom. iii. p. 1244.) See the acts of the synod of Ephesus in the original Greek, and a Latin version almost contemporary, (Concil. tom. iii. p. 991 - 1339, with the Synodicon adversus Tragoediam Irenaei, tom. iv. p. 235 - 497,) the Ecclesiastical Histories of Socrates (l. vii. c. 34) and Evagrius, (l i. c. 3, 4, 5,) and the Breviary of Liberatus, (in Concil. tom. vi. p. 419 - 459, c. 5, 6,) and the Memoires Eccles. of Tillemont, (tom. xiv p. 377 - 487.) Tarachemperor in pointed language) to> ge ejpi< sautw~| kai< cwrismoaiv ejmzezlhkav…wJv Qrasute>rav oJrmh~v prepou>shv ma~llon h\ ajkrizei>av…kai< poikili>av ma~llon tou>twn hJmi~n ajrkou>shv h]per ajplo>thtov…cwri>zein bou>lesqai, wJv oujk ou]shv ajformh~v eujdokimh>sewv. I should be curious to know how much Nestorius paid for these expressions, so mortifying to his rival. Eutyches, the heresiarch Eutyches, is honorably named by Cyril as a friend, a saint, and the strenuous defender of the faith. His brother, the abbot Dalmatus, is likewise employed to bind the emperor and all his chamberlains terribili conjuratione. Synodicon. c. 203, in Concil. tom. iv p. 467. Clerici qui hic sunt contristantur, quod ecclesia Alexandrina nudata sit hujus causa turbelae: et debet praeter illa quae hinc transmissa sint auri libras mille quingentas. Et nunc ei scriptum est ut praestet; sed de tua ecclesia praesta avaritiae quorum nosti, etc. This curious and original letter, from Cyril's archdeacon to his creature the new bishop of Constantinople, has been unaccountably preserved in an old Latin version, (Synodicon, c. 203, Concil. tom. iv. p. 465 - 468.) The mask is almost dropped, and the saints speak the honest language of interest and confederacy. The tedious negotiations that succeeded the synod of Ephesus are diffusely related in the original acts, (Concil. tom. iii. p. 1339 - 1771, ad fin. vol. and the Synodicon, in tom. iv.,) Socrates, (l. vii. c. 28, 35, 40, 41,) Evagrius, (l. i. c. 6, 7, 8, 12,) Liberatus, (c. 7 - 10, 7-10,) Tillemont, (Mem. Eccles. tom. xiv. p. 487 - 676.) The most patient reader will thank me for compressing so much nonsense and falsehood in a few lines. Aujtou~ te au+ dehqe>ntov, ejpetra>ph kata< to< oijkei~on ejpanazau~xai monasth>rion. Evagrius, l. i. c. 7. The original letters in the Synodicon (c. 15, 24, 25, 26) justify the appearance of a voluntary resignation, which is asserted by Ebed-Jesu, a Nestorian writer, apud Asseman. Bibliot. Oriental. tom. iii. p. 299, 302. See the Imperial letters in the Acts of the Synod of Ephesus, (Concil. tom. iii. p. 1730 - 1735.) The odious name of Simonians, which was affixed to the disciples of this teratw>douv didaskali>av, was designed wJv a\n ojnei>desi prozlhqe>ntev aijw>nion uJpome>noien timwri>an tw~n aJmarthma>twn, kai< mh>te zw~ntav timwri>av, mh>te Qano>ntav ajtimi>av ejktorcein. . Yet these were Christians! who differed only in names and in shadows. ***** The metaphor of islands is applied by the grave civilians (Pandect. l. xlviii. tit. 22, leg. 7) to those happy spots which are discriminated by water and verdure from the Libyan sands. Three of these under the common name of Oasis, or Alvahat: 1. The temple of Jupiter Ammon. 2. The middle Oasis, three days' journey to the west of Lycopolis. 3.

The southern, where Nestorius was banished in the first climate, and only three days' journey from the confines of Nubia. See a learned note of Michaelis, (ad Descript. Aegypt. Abulfedae, p. 21-34.) 1. The Oasis of Sivah has been visited by Mons. Drovetti and Mr. Browne. 2. The little Oasis, that of El Kassar, was visited and described by Belzoni. 3.

The great Oasis, and its splendid ruins, have been well described in the travels of Sir A. Edmonstone. To these must be added another Western Oasis also visited by Sir A. Edmonstone. - M. The invitation of Nestorius to the synod of Chalcedon, is related by Zacharias, bishop of Melitene (Evagrius, l. ii. c. 2. Asseman. Biblioth.

Orient. tom. ii. p. 55,) and the famous Xenaias or Philoxenus, bishop of Hierapolis, (Asseman. Bibliot. Orient. tom. ii. p. 40, etc.,) denied by Evagrius and Asseman, and stoutly maintained by La Croze, (Thesaur.

Epistol. tom. iii. p. 181, etc.) The fact is not improbable; yet it was the interest of the Monophysites to spread the invidious report, and Eutychius (tom. ii. p. 12) affirms, that Nestorius died after an exile of seven years, and consequently ten years before the synod of Chalcedon. Consult D'Anville, (Memoire sur l'Egypte, p. 191,) Pocock. (Description of the East, vol. i. p. 76,) Abulfeda, Descript. Aegypt, p. 14,) and his commentator Michaelis, (Not. p. 78 - 83,) and the Nubian Geographer, (p. 42,) who mentions, in the xiith century, the ruins and the sugar-canes of Akmim. Eutychius (Annal. tom. ii. p. 12) and Gregory Bar-Hebraeus, of Abulpharagius, (Asseman, tom. ii. p. 316,) represent the credulity of the xth and xiith centuries. We are obliged to Evagrius (l. i. c. 7) for some extracts from the letters of Nestorius; but the lively picture of his sufferings is treated with insult by the hard and stupid fanatic. Dixi Cyrillum dum viveret, auctoritate sua effecisse, ne Eutychianismus et Monophysitarum error in nervum erumperet: idque verum puto ...aliquo ... honesto modo palinw|di>an cecinerat. The learned but cautious Jablonski did not always speak the whole truth.

Cum Cyrillo lenius omnino egi, quam si tecum aut cum aliis rei hujus probe gnaris et aequis rerum aestimatoribus sermones privatos conferrem, (Thesaur. Epistol. La Crozian. tom. i. p. 197, 198) an excellent key to his dissertations on the Nestorian controversy! JH ajgi>a su>ndov ei[pen a=ron, kau~son Eujse>zion, ou+tov kah~|, ou=tov eijv du>o ge>nhtai, wJv ejme>rise, merisqh~ … ei] tiv le>gei du>o, ajna>qema. At the request of Dioscorus, those who were not able to roar, stretched out their hands. At Chalcedon, the Orientals disclaimed these exclamations: but the Egyptians more consistently declared tau~ta kai< to>te ei]pomen kai< nu~n le>gomen . (Concil. tom. iv. p. 1012.) ]Elege de< (Eusebius, bishop of Dorylaeum) ton te deilai>wv ajnaireqh~nai prorou te kai< laktizo>menon : and this testimony of Evagrius (l. ii. c. 2) is amplified by the historian Zonaras, (tom. ii. l. xiii. p. 44,) who affirms that Dioscorus kicked like a wild ass. But the language of Liberatus (Brev. c. 12, in Concil. tom. vi. p. 438) is more cautious; and the Acts of Chalcedon, which lavish the names of homicide, Cain, etc., do not justify so pointed a charge.

The monk Barsumas is more particularly accused,—e]sfaxe torion Flaiano>n? aujtoxon (Concil. tom. iv. p. 1418.) The Acts of the Council of Chalcedon (Concil. tom. iv. p. 761 - 2071) comprehend those of Ephesus, (p. 890 - 1189,) which again comprise the synod of Constantinople under Flavian, (p. 930 - 1072;) and at requires some attention to disengage this double involution. The whole business of Eutyches, Flavian, and Dioscorus, is related by Evagrius (l. i. c. 9 - 12, and l. ii. c. 1, 2, 3, 4,) and Liberatus, (Brev. c. 11, 12, 13, 14.) Once more, and almost for the last time, I appeal to the diligence of Tillemont, (Mem. Eccles. tom. xv. p. 479-719.) The annals of Baronius and Pagi will accompany me much further on my long and laborious journey. Ma>lista hJ perizo>htov Pansofi>a, hJ kaloume>nh jOreinh< (perhaps Eijrhnh< ) peri< h+v kai< oJ polua>nqrwpov th~v jAlezandre>wn dh~mov ajfh~ke fwnhnov (Concil. tom. iv. p. 1276.) A specimen of the wit and malice of the people is preserved in the Greek Anthology, (l. ii. c. 5, p. 188, edit. Wechel,) although the application was unknown to the editor Brodaeus. The nameless epigrammatist raises a tolerable pun, by confounding the episcopal salutation of “Peace be to all!” with the genuine or corrupted name of the bishop's concubine:

Eijrh>nh pa>ntessin, ejpi>skopov ei=pen ejpelqw>n.

Pw~v du>ntai pa~sin, h\n mo>nov e]ndon e]cei ; I am ignorant whether the patriarch, who seems to have been a jealous lover, is the Cimon of a preceding epigram, whose peov was viewed with envy aud wonder by Priapus himself. Those who reverence the infallibility of synods, may try to ascertain their sense. The leading bishops were attended by partial or careless scribes, who dispersed their copies round the world. Our Greek Mss. are sullied with the false and prescribed reading of ejk tw~n fuse>wn (Concil. tom. iii. p. 1460:) the authentic translation of Pope Leo I. does not seem to have been executed, and the old Latin versions materially differ from the present Vulgate, which was revised (A.D. 550) by Rusticus, a Roman priest, from the best MSS.of the jAkoi>mhtoi at Constantinople, (Ducange, C. P. Christiana, l. iv. p. 151,) a famous monastery of Latins, Greeks, and Syrians. See Concil. tom. iv. p. 1959 - 2049, and Pagi, Critica, tom. ii. p. 326, etc. It is darkly represented in the microscope of Petavius, (tom. v. l. iii. c. 5;) yet the subtle theologian is himself afraid - ne quis fortasse supervacaneam, et nimis anxiam putet hujusmodi vocularum inquisitionem, et ab instituti theologici gravitate alienam, (p. 124.) jEzo>hsan, h\ oJ o\rov krateijtw, h\ ajperco>meqa…oiJ ajntile>gontev faneroi< ge>nwtai, oiJ ajntile>gontev Nestorianoi> eijsin, oiJ ajntile>gontev eijv jRw>mhn ajpe>lqwsin (Concil. tom. iv. p. 1449.)

Evagrius and Liberatus present only the placid face of the synod, and discreetly slide over these embers, suppositos cineri doloso. See, in the Appendix to the Acts of Chalcedon, the confirmation of the Synod by Marcian, (Concil. tom. iv. p. 1781, 1783;) his letters to the monks of Alexandria, (p. 1791,) of Mount Sinai, (p. 1793,) of Jerusalem and Palestine, (p. 1798;) his laws against the Eutychians, (p. 1809, 1811, 1831;) the correspondence of Leo with the provincial synods on the revolution of Alexandria, (p. 1835 - 1930.) Photius (or rather Eulogius of Alexandria) confesses, in a fine passage, the specious color of this double charge against Pope Leo and his synod of Chalcedon, (Bibliot. cod. ccxxv. p. 768.) He waged a double war against the enemies of the church, and wounded either foe with the darts of his adversary— katallh>liov be>lesi toulouv ejti>rwske . Against Nestorius he seemed to introduce su>gcusiv of the Monophysites; against Eutyches he appeared to countenance the uJpostase>wn dia>fora Nestorians. The apologist claims a charitable interpretation for the saints: if the same had been extended to the heretics, the sound of the controversy would have been lost in the air From his nocturnal expeditions. In darkness and disguise he crept round the cells of the monastery, and whispered the revelation to his slumbering brethren, (Theodor. Lector. l. i.) Such is the hyperbolic language of the Henoticon. See the Chronicle of Victor Tunnunensis, in the Lectiones Antiquae of Canisius, republished by Basnage, tom. 326. The Henoticon is transcribed by Evagrius, (l. iii. c. 13,) and translated by Liberatus, (Brev. c. 18.) Pagi (Critica, tom. ii. p. 411) and (Bibliot.

Orient. tom. i. p. 343) are satisfied that it is free from heresy; but Petavius (Dogmat. Theolog. tom. v. l. i. c. 13, p. 40) most unaccountably affirms Chalcedonensem ascivit. An adversary would prove that he had never read the Henoticon. See Renaudot, (Hist. Patriarch. Alex. p. 123, 131, 145, 195, 247.)

They were reconciled by the care of Mark I. (A.D. 799 - 819;) he promoted their chiefs to the bishoprics of Athribis and Talba, (perhaps Tava. See D'Anville, p. 82,) and supplied the sacraments, which had failed for want of an episcopal ordination. De his quos baptizavit, quos ordinavit Acacius, majorum traditione confectam et veram, praecipue religiosae solicitudini congruam praebemus sine difficultate medicinam, (Galacius, in epist. i. ad Euphemium, Concil. tom. v. 286.) The offer of a medicine proves the disease, and numbers must have perished before the arrival of the Roman physician. Tillemont himself (Mem. Eccles. tom. xvi. p. 372, 642, etc.) is shocked at the proud, uncharitable temper of the popes; they are now glad, says he, to invoke St. Flavian of Antioch, St. Elias of Jerusalem, etc., to whom they refused communion whilst upon earth.

But Cardinal Baronius is firm and hard as the rock of St. Peter. Their names were erased from the diptych of the church: ex venerabili diptycho, in quo piae memoriae transitum ad coelum habentium episcoporum vocabula continentur, (Concil. tom. iv. p. 1846.) This ecclesiastical record was therefore equivalent to the book of life. Petavius (Dogmat. Theolog. tom. v. l. v. c. 2, 3, 4, p. 217 - 225) and Tillemont (Mem. Eccles. tom. xiv. p. 713, etc., 799) represent the history and doctrine of the Trisagion. In the twelve centuries between Isaiah and St. Proculs's boy, who was taken up into heaven before the bishop and people of Constantinople, the song was considerably improved. The boy heard the angels sing, “Holy God! Holy strong!

Holy immortal!” Peter Gnapheus, the fuller, (a trade which he had exercised in his monastery,) patriarch of Antioch. His tedious story is discussed in the Annals of Pagi (A.D. 477 - 490) and a dissertation of M. de Valois at the end of his Evagrius. The troubles under the reign of Anastasius must be gathered from the Chronicles of Victor, Marcellinus, and Theophanes. As the last was not published in the time of Baronius, his critic Pagi is more copious, as well as more correct. The general history, from the council of Chalcedon to the death of Anastasius, may be found in the Breviary of Liberatus, (c. 14 - 19,) the iid and iiid books of Evagrius, the abstract of the two books of Theodore the Reader, the Acts of the Synods, and the Epistles of the Pope, (Concil. tom. v.) The series is continued with some disorder in the xvth and xvith tomes of the Memoires Ecclesiastiques of Tillemont.

And here I must take leave forever of that incomparable guide - whose bigotry is overbalanced by the merits of erudition, diligence, veracity, and scrupulous minuteness. He was prevented by death from completing, as he designed, the vith century of the church and empire. The strain of the Anecdotes of Procopius, (c. 11, 13, 18, 27, 28,) with the learned remarks of Alemannus, is confirmed, rather than contradicted, by the Acts of the Councils, the fourth book of Evagrius, and the complaints of the African Facundus, in his xiith book - de tribus capitulis, “cum videri doctus appetit importune ...spontaneis quaestionibus ecclesiam turbat.” See Procop. de Bell. Goth. l. iii. c. 35. Procop. de Edificiis, l. i. c. 6, 7, etc., passim. \Ov dh< ka>qhtai ajfu>laktov ejv ajei< ejpi< le>schv tinown e]scaton ge>rousin [ejscatoge>rousin ] ajnakuklei~n ta< Cristianw~n lo>gia spoudhlife of St. Eutychius (apud Aleman. ad Procop. Arcan. c. 18) the same character is given with a design to praise Justinian. For these wise and moderate sentiments, Procopius (de Bell. Goth. l. i. c. 3) is scourged in the preface of Alemannus, who ranks him among the political Christians - sed longe verius haeresium omnium sentinas, prorsusque Atheos - abominable Atheists, who preached the imitation of God's mercy to man, (ad Hist. Arcan. c. 13.) This alternative, a precious circumstance, is preserved by John Malala, (tom. ii. p. 63, edit. Venet. 1733,) who deserves more credit as he draws towards his end. After numbering the heretics, Nestorians, Eutychians, etc., ne expectent, says Justinian, ut digni venia judicen tur: jubemus, enim ut ...convicti et aperti haeretici justae et idoneae animadversioni subjiciantur. Baronius copies and applauds this edict of the Code, (A.D. 527, No. 39, 40.) See the character and principles of the Montanists, in Mosheim, Rebus Christ. ante Constantinum, p. 410 - 424. Theophan. Chron. p. 153. John, the Monophysite bishop of Asia, is a more authentic witness of this transaction, in which he was himself employed by the emperor, (Asseman. Bib. Orient. tom. ii. p. 85.) Compare Procopius (Hist. Arcan. c. 28, and Aleman's Notes) with Theophanes, (Chron. p. 190.) The council of Nice has intrusted the patriarch, or rather the astronomers, of Alexandria, with the annual proclamation of Easter; and we still read, or rather we do not read, many of the Paschal epistles of St. Cyril. Since the reign of Monophytism in Egypt, the Catholics were perplexed by such a foolish prejudice as that which so long opposed, among the Protestants, the reception of the Gregorian style. For the religion and history of the Samaritans, consult Basnage, Histoire des Juifs, a learned and impartial work. Sichem, Neapolis, Naplous, the ancient and modern seat of the Samaritans, is situate in a valley between the barren Ebal, the mountain of cursing to the north, and the fruitful Garizim, or mountain of cursing to the south, ten or eleven hours' travel from Jerusalem. See Maundrel, Journey from Aleppo etc. Procop. Anecdot. c. 11. Theophan. Chron. p. 122. John Malala Chron. tom. ii. p. 62. I remember an observation, half philosophical. half superstitious, that the province which had been ruined by the bigotry of Justinian, was the same through which the Mahometans penetrated into the empire. The expression of Procopius is remarkable: ouj gakei fo>nov ajnqrw>pwn ei+nai, h]n ge mh< tn~v aujtou~ do>xhv oiJ telentw~ntev tu>coien o]ntev. Anecdot. c. 13. See the Chronicle of Victor, p. 328, and the original evidence of the laws of Justinian. During the first years of his reign, Baronius himself is in extreme good humor with the emperor, who courted the popes, till he got them into his power. Procopius, Anecdot. c. 13. Evagrius, l. iv. c. 10. If the ecclesiastical never read the secret historian, their common suspicion proves at least the general hatred. On the subject of the three chapters, the original acts of the vth general council of Constantinople supply much useless, though authentic, knowledge, (Concil. tom. vi. p. 1 - 419.) The Greek Evagrius is less copious and correct (l. iv. c. 38) than the three zealous Africans, Facundus, (in his twelve books, de tribus capitulis, which are most correctly published by Sirmond,) Liberatus, (in his Breviarium, c. 22, 23, 24,) and Victor Tunnunensis in his Chronicle, (in tom. i. Antiq.

Lect. Canisii, 330 - 334.) The Liber Pontificalis, or Anastasius, (in Vigilio, Pelagio, etc.,) is original Italian evidence. The modern reader will derive some information from Dupin (Bibliot. Eccles. tom. v. p. 189 - 207) and Basnage, (Hist. de l'Eglise, tom. i. p. 519 - 541;) yet the latter is too firmly resolved to depreciate the authority and character of the popes. Origen had indeed too great a propensity to imitate the old philosophers, (Justinian, ad Mennam, in Concil. tom. vi. p. 356.) His moderate opinions were too repugnant to the zeal of the church, and he was found guilty of the heresy of reason. Basnage (Praefat. p. 11 - 14, ad tom. i. Antiq. Lect. Canis.) has fairly weighed the guilt and innocence of Theodore of Mopsuestia. If he composed 10,000 volumes, as many errors would be a charitable allowance. In all the subsequent catalogues of heresiarchs, he alone, without his two brethren, is included; and it is the duty of Asseman (Bibliot. Orient. tom. iv. p. 203 - 207) to justify the sentence. See the complaints of Liberatus and Victor, and the exhortations of Pope Pelagius to the conqueror and exarch of Italy. Schisma . . per potestates publicas opprimatur, etc., (Concil. tom. vi. p. 467, etc.) An army was detained to suppress the sedition of an Illyrian city. See Procopius, (de Bell. Goth. l. iv. c. 25:) w+nper e[neka sfi>sin oujtoi~v oiJ CristianoiJ diama>contai . He seems to promise an ecclesiastical history. It would have been curious and impartial. The bishops of the patriarchate of Aquileia were reconciled by Pope Honorius, A.D. 638, (Muratori, Annali d' Italia, tom. v. p. 376;) but they again relapsed, and the schism was not finally extinguished till 698. Fourteen years before, the church of Spain had overlooked the vth general council with contemptuous silence, (xiii. Concil. Toretan. in Concil. tom. vii. p. 487 - 494.) Nicetus, bishop of Treves, (Concil. tom. vi. p. 511 - 513:) he himself, like most of the Gallican prelates, (Gregor. Epist. l. vii. 5 in Concil. tom. vi. p. 1007,) was separated from the communion of the four patriarchs by his refusal to condemn the three chapters. Baronius almost pronounces the damnation of Justinian, (A.D. 565, No. 6.) After relating the last heresy of Justinian, (l. iv. c. 39, 40, 41,) and the edict of his successor, (l. v. c. 3,) the remainder of the history of Evagrius is filled with civil, instead of ecclesiastical events. This extraordinary, and perhaps inconsistent, doctrine of the Nestorians, had been observed by La Croze, (Christianisme des Indes, tom. i. p. 19, 20,) and is more fully exposed by Abulpharagius, (Bibliot.

Orient. tom. ii. p. 292. Hist. Dynast. p. 91, vers. Latin. Pocock.) and Asseman himself, (tom. iv. p. 218.) They seem ignorant that they might allege the positive authority of the ecthesis. JO mi>arov Nesto>riov kai>per diai>rwn than tou~ Kuri>ou ejnanqrw>phsin, kai< du>o eijsa>gwn uiJoureproach of the Monophysites), du>o Qelh>mata tou>twn ei]pein oujk ejto>lmhse, touna>ntion de< tou~to bouli>an tw~n…du>o pro>swpwn ejdo>xase (Concil. tom. vii. p. 205.) See the Orthodox faith in Petavius, (Dogmata Theolog. tom. v. l. ix. c. 6 - 10, p. 433 - 447:) all the depths of this controversy in the Greek dialogue between Maximus and Pyrrhus, (acalcem tom. viii. Annal.

Baron. p. 755 - 794,) which relates a real conference, and produced as short-lived a conversion. Impiissimam ecthesim .... scelerosum typum (Concil. tom. vii p. 366) diabolicae operationis genimina, (fors. germina, or else the Greek in the original. Concil. p. 363, 364,) are the expressions of the xviiith anathema. The epistle of Pope Martin to Amandus, Gallican bishop, stigmatizes the Monothelites and their heresy with equal virulence, (p. 392.) The sufferings of Martin and Maximus are described with simplicity in their original letters and acts, (Concil. tom. vii. p. 63 - 78. Baron.

Annal. Eccles. A.D. 656, No. 2, et annos subsequent.) Yet the chastisement of their disobedience, ejxo>ria and sw>matov ai]kismov, had been previously announced in the Type of Constans, (Concil. tom. vii. p. 240.) Eutychius (Annal. tom. ii. p. 368) most erroneously supposes that the 124 bishops of the Roman synod transported themselves to Constantinople; and by adding them to the 168 Greeks, thus composes the sixth council of 292 fathers. The Monothelite Constans was hated by all, dia< toi tau~ta (says Theophanes, Chron. p. 292) ejmish>qh sfo>drwv para< pa>ntwn.

When the Monothelite monk failed in his miracle, the people shouted, oJ laohse (Concil. tom. vii. p. 1032.) But this was a natural and transient emotion; and I much fear that the latter is an anticipation of the good people of Constantinople. The history of Monothelitism may be found in the Acts of the Synods of Rome (tom. vii. p. 77 - 395, 601 - 608) and Constantinople, (p. - 1429.) Baronius extracted some original documents from the Vatican library; and his chronology is rectified by the diligence of Pagi. Even Dupin (Bibliotheque Eccles. tom. vi. p. 57 - 71) and Basnage (Hist. de l'Eglise, tom. i. p. 451 - 555) afford a tolerable abridgment. In the Lateran synod of 679, Wilfred, an Anglo-Saxon bishop, subscribed pro omni Aquilonari parte Britanniae et Hiberniae, quae ab Anglorum et Britonum, necnon Scotorum et Pictorum gentibus colebantur, (Eddius, in Vit. St. Wilfrid. c. 31, apud Pagi, Critica, tom. iii. p. 88.) Theodore (magnae insulae Britanniae archiepiscopus et philosophus) was long expected at Rome, (Concil. tom. vii. p. 714,) but he contented himself with holding (A.D. 680) his provincial synod of Hatfield, in which he received the decrees of Pope Martin and the first Lateran council against the Monothelites, (Concil. tom. vii. p. 597, etc.) Theodore, a monk of Tarsus in Cilicia, had been named to the primacy of Britain by Pope Vitalian, (A.D. 688; see Baronius and Pagi,) whose esteem for his learning and piety was tainted by some distrust of his national character - ne quid contrarium veritati fidei, Graecorum more, in ecclesiam cui praeesset introduceret. The Cilician was sent from Rome to Canterbury under the tuition of an African guide, (Bedae Hist. Eccles. Anglorum. l. iv. c. 1.) He adhered to the Roman doctrine; and the same creed of the incarnation has been uniformly transmitted from Theodore to the modern primates, whose sound understanding is perhaps seldom engaged with that abstruse mystery. This name, unknown till the xth century, appears to be of Syriac origin. It was invented by the Jacobites, and eagerly adopted by the Nestorians and Mahometans; but it was accepted without shame by the Catholics, and is frequently used in the Annals of Eutychius, (Asseman.

Bibliot. Orient. tom. ii. p. 507, etc., tom. iii. p. 355. Renaudot, Hist.

Patriarch. Alexandrin. p. 119.), JHmei~v dou>loi tou~ Basile>wv, was the acclamation of the fathers of Constantinople, (Concil. tom. vii. p. 765.) The Syriac, which the natives revere as the primitive language, was divided into three dialects. 1. The Aramoean, as it was refined at Edessa and the cities of Mesopotamia. 2. The Palestine, which was used in Jerusalem, Damascus, and the rest of Syria. 3. The Nabathoean, the rustic idiom of the mountains of Assyria and the villages of Irak, (Gregor, Abulpharag. Hist. Dynast. p. 11.) On the Syriac, sea Ebed- Jesu, (Asseman. tom. iii. p. 326, etc.,) whose prejudice alone could prefer it to the Arabic. I shall not enrich my ignorance with the spoils of Simon, Walton, Mill, Wetstein, Assemannus, Ludolphus, La Croze, whom I have consulted with some care. It appears, 1. That, of all the versions which are celebrated by the fathers, it is doubtful whether any are now extant in their pristine integrity. 2. That the Syriac has the best claim, and that the consent of the Oriental sects is a proof that it is more ancient than their schism. In the account of the Monophysites and Nestorians, I am deeply indebted to the Bibliotheca Orientalis Clementino-Vaticana of Joseph Simon Assemannus. That learned Maronite was despatched, in the year 1715, by Pope Clement XI. to visit the monasteries of Egypt and Syria, in search of Mss. His four folio volumes, published at Rome 1719 - 1728, contain a part only, though perhaps the most valuable, of his extensive project. As a native and as a scholar, he possessed the Syriac literature; and though a dependent of Rome, he wishes to be moderate and candid. See the Arabic canons of Nice in the translation of Abraham Ecchelensis, No. 37, 38, 39, 40. Concil. tom. ii. p. 335, 336, edit.

Venet. These vulgar titles, Nicene and Arabic, are both apocryphal.

The council of Nice enacted no more than twenty canons, (Theodoret.

Hist. Eccles. l. i. c. 8;) and the remainder, seventy or eighty, were collected from the synods of the Greek church. The Syriac edition of Maruthas is no longer extant, (Asseman. Bibliot. Oriental. tom. i. p. 195, tom. iii. p. 74,) and the Arabic version is marked with many recent interpolations. Yet this Code contains many curious relics of ecclesiastical discipline; and since it is equally revered by all the Eastern communions, it was probably finished before the schism of the Nestorians and Jacobites, (Fabric. Bibliot. Graec. tom. xi. p. 363 - 367.) Theodore the Reader (l. ii. c. 5, 49, ad calcem Hist. Eccles.) has noticed this Persian school of Edessa. Its ancient splendor, and the two aeras of its downfall, (A.D. 431 and 489) are clearly discussed by Assemanni, (Biblioth. Orient. tom. ii. p. 402, iii. p. 376, 378, iv. p. 70, 924.) A dissertation on the state of the Nestorians has swelled in the bands of Assemanni to a folio volume of 950 pages, and his learned researches are digested in the most lucid order. Besides this ivth volume of the Bibliotheca Orientalis, the extracts in the three preceding tomes (tom. i. p. 203, ii. p. 321 - 463, iii. 64 - 70, 378 - 395, etc., 405 - 408, 580 - 589) may be usefully consulted. See the Topographia Christiana of Cosmas, surnamed Indicopleustes, or the Indian navigator, l. iii. p. 178, 179, l. xi. p. 337. The entire work, of which some curious extracts may be found in Photius, (cod. xxxvi. p. 9, 10, edit. Hoeschel,) Thevenot, (in the 1st part of his Relation des Voyages, etc.,) and Fabricius, (Bibliot. Graec. l. iii. c. 25, tom. ii. p. 603 - 617,) has been published by Father Montfaucon at Paris, 1707, in the Nova Collectio Patrum, (tom. ii. p. 113 - 346.) It was the design of the author to confute the impious heresy of those who maintained that the earth is a globe, and not a flat, oblong table, as it is represented in the Scriptures, (l. ii. p. 138.) But the nonsense of the monk is mingled with the practical knowledge of the traveller, who performed his voyage A.D. 522, and published his book at Alexandria, A.D. 547, (l. ii. p. 140, 141. Montfaucon, Praefat. c. 2.) The Nestorianism of Cosmas, unknown to his learned editor, was detected by La Croze, (Christianisme des Indes, tom. i. p. 40 - 55,) and is confirmed by Assemanni, (Bibliot. Orient. tom. iv. p. 605, 606.) In its long progress to Mosul, Jerusalem, Rome, etc., the story of Prester John evaporated in a monstrous fable, of which some features have been borrowed from the Lama of Thibet, (Hist. Genealogique des Tartares, P. ii. p. 42. Hist. de Gengiscan, p. 31, etc.,) and were ignorantly transferred by the Portuguese to the emperor of Abyssinia, (Ludolph. Hist. Aethiop. Comment. l. ii. c. 1.) Yet it is probable that in the xith and xiith centuries, Nestorian Christianity was professed in the horde of the Keraites, (D'Herbelot, p. 256, 915, 959. Assemanni, tom. iv. p. 468 - 504.) Note: The extent to which Nestorian Christianity prevailed among the Tartar tribes is one of the most curious questions in Oriental history. M. Schmidt (Geschichte der Ost Mongolen, notes, p. 383) appears to question the Christianity of Ong Chaghan, and his Keraite subjects. - M. The Christianity of China, between the seventh and the thirteenth century, is invincibly proved by the consent of Chinese, Arabian, Syriac, and Latin evidence, (Assemanni, Biblioth. Orient. tom. iv. p. 502 - 552. Mem. de l'Academie des Inscript. tom. xxx. p. 802 - 819.)

The inscription of Siganfu which describes the fortunes of the Nestorian church, from the first mission, A.D. 636, to the current year 781, is accused of forgery by La Croze, Voltaire, etc., who become the dupes of their own cunning, while they are afraid of a Jesuitical fraud.

This famous monument, the authenticity of which many have attempted to impeach, rather from hatred to the Jesuits, by whom it was made known, than by a candid examination of its contents, is now generally considered above all suspicion. The Chinese text and the facts which it relates are equally strong proofs of its authenticity. This monument was raised as a memorial of the establishment of Christianity in China. It is dated the year 1092 of the era of the Greeks, or the Seleucidae, A.D. 781, in the time of the Nestorian patriarch Anan-jesu. It was raised by Iezdbouzid, priest and chorepiscopus of Chumdan, that is, of the capital of the Chinese empire, and the son of a priest who came from Balkh in Tokharistan. Among the various arguments which may be urged in favor of the authenticity of this monument, and which has not yet been advanced, may be reckoned the name of the priest by whom it was raised. The name is Persian, and at the time the monument was discovered, it would have been impossible to have imagined it; for there was no work extant from whence the knowledge of it could be derived.

I do not believe that ever since this period, any book has been published in which it can be found a second time. It is very celebrated amongst the Armenians, and is derived from a martyr, a Persian by birth, of the royal race, who perished towards the middle of the seventh century, and rendered his name celebrated among the Christian nations of the East. St. Martin, vol. i. p. 69. M. Remusat has also strongly expressed his conviction of the authenticity of this monument.

Melanges Asiatiques, P. i. p. 33. Yet M. Schmidt (Geschichte der Ost Mongolen, p. 384) denies that there is any satisfactory proof that much a monument was ever found in China, or that it was not manufactured in Europe. But if the Jesuits had attempted such a forgery, would it not have been more adapted to further their peculiar views? - M. Jacobitae et Nestorianae plures quam Graeci et Latini Jacob a Vitriaco, Hist. Hierosol. l. ii. c. 76, p. 1093, in the Gesta Dei per Francos. The numbers are given by Thomassin, Discipline de l'Eglise, tom. i. p. 172. The division of the patriarchate may be traced in the Bibliotheca Orient. of Assemanni, tom. i. p. 523 - 549, tom. ii. p. 457, etc., tom. iii. p. 603, p. 621 - 623, tom. iv. p. 164 - 169, p. 423, p. 622 - 629, etc. The pompous language of Rome on the submission of a Nestorian patriarch, is elegantly represented in the viith book of Fra Paola, Babylon, Nineveh, Arbela, and the trophies of Alexander, Tauris, and Ecbatana, the Tigris and Indus. The Indian missionary, St. Thomas, an apostle, a Manichaean, or an Armenian merchant, (La Croze, Christianisme des Indes, tom. i. p. 57 - 70,) was famous, however, as early as the time of Jerom, (ad Marcellam, epist. 148.) Marco-Polo was informed on the spot that he suffered martyrdom in the city of Malabar, or Meliapour, a league only from Madras, (D'Anville, Eclaircissemens sur l'Inde, p. 125,) where the Portuguese founded an episcopal church under the name of St. Thome, and where the saint performed an annual miracle, till he was silenced by the profane neighborhood of the English, (La Croze, tom. ii. p. 7 - 16.) Neither the author of the Saxon Chronicle (A.D. 833) not William of Malmesbury (de Gestis Regum Angliae, l. ii. c. 4, p. 44) were capable, in the twelfth century, of inventing this extraordinary fact; they are incapable of explaining the motives and measures of Alfred; and their hasty notice serves only to provoke our curiosity. William of Malmesbury feels the difficulty of the enterprise, quod quivis in hoc saeculo miretur; and I almost suspect that the English ambassadors collected their cargo and legend in Egypt. The royal author has not enriched his Orosius (see Barrington's Miscellanies) with an Indian, as well as a Scandinavian, voyage. Concerning the Christians of St. Thomas, see Assemann. Bibliot Orient. tom. iv. p. 391 - 407, 435 - 451; Geddes's Church History of Malabar; and, above all, La Croze, Histoire du Christianisme des Indes, in 2 vols. 12mo., La Haye, 1758, a learned and agreeable work. They have drawn from the same source, the Portuguese and Italian narratives; and the prejudices of the Jesuits are sufficiently corrected by those of the Protestants. Note: The St. Thome Christians had excited great interest in the ancient mind of the admirable Bishop Heber. See his curious and, to his friends, highly characteristic letter to Mar Athanasius, Appendix to Journal. The arguments of his friend and coadjutor, Mr. Robinson, (Last Days of Bishop Heber,) have not convinced me that the Christianity of India is older than the Nestorian dispersion. - M Is the expression of Theodore, in his Treatise of the Incarnation, p. 245, 247, as he is quoted by La Croze, (Hist. du Christianisme d'Ethiopie et d'Armenie, p. 35,) who exclaims, perhaps too hastily, “Quel pitoyable raisonnement!” Renaudot has touched (Hist. Patriarch.

Alex. p. 127 - 138) the Oriental accounts of Severus; and his authentic creed may be found in the epistle of John the Jacobite patriarch of Antioch, in the xth century, to his brother Mannas of Alexandria, (Asseman. Bibliot. Orient. tom. ii. p. 132 - 141.) Epist. Archimandritarum et Monachorum Syriae Secundae ad Papam Hormisdam, Concil. tom. v. p. 598 - 602. The courage of St. Sabas, ut leo animosus, will justify the suspicion that the arms of these monks were not always spiritual or defensive, (Baronius, A.D. 513, No. 7, etc.) Assemanni (Bibliot. Orient. tom. ii. p. 10 - 46) and La Croze (Christianisme d'Ethiopie, p. 36 - 40) will supply the history of Xenaias, or Philoxenus, bishop of Mabug, or Hierapolis, in Syria. He was a perfect master of the Syriac language, and the author or editor of a version of the New Testament. The names and titles of fifty-four bishops who were exiled by Justin, are preserved in the Chronicle of Dionysius, (apud Asseman. tom. ii. p. 54.) Severus was personally summoned to Constantinople - for his trial, says Liberatus (Brev. c. 19) - that his tongue might be cut out, says Evagrius, (l. iv. c. iv.) The prudent patriarch did not stay to examine the difference. This ecclesiastical revolution is fixed by Pagi to the month of September of the year 518, (Critica, tom. ii. p. 506.) The obscure history of James or Jacobus Baradaeus, or Zanzalust may be gathered from Eutychius, (Annal. tom. ii. p. 144, 147,) Renau dot, (Hist. Patriarch. Alex. p. 133,) and Assemannus, (Bibliot. Orient. tom. i. p. 424, tom. ii. p. 62 - 69, 324 - 332, 414, tom. iii. p. 385 - 388.) He seems to be unknown to the Greeks. The Jacobites themselves had rather deduce their name and pedigree from St. James the apostle. The account of his person and writings is perhaps the most curious article in the Bibliotheca of Assemannus, (tom. ii. p. 244 - 321, under the name of Gregorius Bar-Hebroeus.) La Croze (Christianisme d'Ethiopie, p. 53 - 63) ridicules the prejudice of the Spaniards against the Jewish blood which secretly defiles their church and state. This excessive abstinence is censured by La Croze, (p. 352,) and even by the Syrian Assemannus, (tom. i. p. 226, tom. ii. p. 304, 305.) The state of the Monophysites is excellently illustrated in a dissertation at the beginning of the iid volume of Assemannus, which contains 142 pages. The Syriac Chronicle of Gregory Bar-Hebraeus, or Abulpharagius, (Bibliot. Orient. tom. ii. p. 321 - 463,) pursues the double series of the Nestorian Catholics and the Maphrians of the Jacobites. The synonymous use of the two words may be proved from Eutychius, (Annal. tom. ii. p. 191, 267, 332,) and many similar passages which may be found in the methodical table of Pocock. He was not actuated by any prejudice against the Maronites of the xth century; and we may believe a Melchite, whose testimony is confirmed by the Jacobites and Latins. Concil. tom. vii. p. 780. The Monothelite cause was supported with firmness and subtilty by Constantine, a Syrian priest of Apamea, (p. 1040, etc.) Theophanes (Chron. p. 295, 296, 300, 302, 306) and Cedrenus (p. 437, 440) relates the exploits of the Mardaites: the name (Mard, in Syriac, rebellavit) is explained by La Roque, (Voyage de la Syrie, tom. ii. p. 53;) and dates are fixed by Pagi, (A.D. 676, No. 4 - 14, A.D. 685, No. 3, 4;) and even the obscure story of the patriarch John Maron (Asseman. Bibliot. Orient. tom. i. p. 496 - 520) illustrates from the year 686 to 707, the troubles of Mount Libanus. Compare on the Mardaites Anquetil du Perron, in the fiftieth volume of the Mem. de l'Acad. des Inscriptions; and Schlosser, Bildersturmendes Kaiser, p. 100. - M In the last century twenty large cedars still remained, (Voyage de la Roque, tom. i. p. 68 - 76;) at present they are reduced to four or five, (Volney, tom. i. p. 264.) These trees, so famous in Scripture, were guarded by excommunication: the wood was sparingly borrowed for small crosses, etc.; an annual mass was chanted under their shade; and they were endowed by the Syrians with a sensitive power of erecting their branches to repel the snow, to which Mount Libanus is less faithful than it is painted by Tacitus: inter ardores opacum fidumque nivibus - a daring metaphor, (Hist. v. 6.) Note: Of the oldest and best looking trees, I counted eleven or twelve twenty-five very large ones; and about fifty of middling size; and more than three hundred smaller and young ones. Burckhardt's Travels in Syria p. 19. - M The evidence of William of Tyre (Hist. in Gestis Dei per Francos, l. xxii. c. 8, p. 1022) is copied or confirmed by Jacques de Vitra, (Hist.

Hierosolym. l. ii. c. 77, p. 1093, 1094.) But this unnatural league expired with the power of the Franks; and Abulpharagius (who died in 1286) considers the Maronites as a sect of Monothelites, (Bibliot.

Orient. tom. ii. p. 292.) I find a description and history of the Maronites in the Voyage de la Syrie et du Mont Liban par la Roque, (2 vols. in 12mo., Amsterdam, 1723; particularly tom. i. p. 42 - 47, p. 174 - 184, tom. ii. p. 10 - 120.)

In the ancient part, he copies the prejudices of Nairon and the other Maronites of Rome, which Assemannus is afraid to renounce and ashamed to support. Jablonski, (Institut. Hist. Christ. tom. iii. p. 186.)

Niebuhr, (Voyage de l'Arabie, etc., tom. ii. p. 346, 370 - 381,) and, above all, the judicious Volney, (Voyage en Egypte et en Syrie, tom. ii. p. 8 - 31, Paris, 1787,) may be consulted. The religion of the Armenians is briefly described by La Croze, (Hist. du Christ. de l'Ethiopie et de l'Armenie, p. 269 - 402.) He refers to the great Armenian History of Galanus, (3 vols. in fol. Rome, 1650 - 1661,) and commends the state of Armenia in the iiid volume of the Nouveaux Memoires des Missions du Levant. The work of a Jesuit must have sterling merit when it is praised by La Croze. See vol. iii. ch. xx. p. 271. - M. The schism of the Armenians is placed 84 years after the council of Chalcedon, (Pagi, Critica, ad A.D. 535.) It was consummated at the end of seventeen years; and it is from the year of Christ 552 that we date the aera of the Armenians, (L'Art de verifier les Dates, p. xxxv.) The sentiments and success of Julian of Halicarnassus may be seen in Liberatus, (Brev. c. 19,) Renaudot, (Hist. Patriarch. Alex. p. 132, 303,) and Assemannus, (Bibliot. Orient. tom. ii. Dissertat. Monophysitis, l. viii. p. 286.) See a remarkable fact of the xiith century in the History of Nicetas Choniates, (p. 258.) Yet three hundred years before, Photius (Epistol. ii. p. 49, edit. Montacut.) had gloried in the conversion of the Armenians—latreu>ei sh>meron ojrqodo>xewv [th>nwv latrei>an ]. The travelling Armenians are in the way of every traveller, and their mother church is on the high road between Constantinople and Ispahan; for their present state, see Fabricius, (Lux Evangelii, etc., c. xxxviii. p. 40 - 51,) Olearius, (l. iv. c. 40,) Chardin, (vol. ii. p. 232,) Teurnefort, (lettre xx.,) and, above all, Tavernier, (tom. i. p. 28 - 37, 510 - 518,) that rambling jeweller, who had read nothing, but had seen so much and so well The history of the Alexandrian patriarchs, from Dioscorus to Benjamin, is taken from Renaudot, (p. 114 - 164,) and the second tome of the Annals of Eutychius. Liberat. Brev. c. 20, 23. Victor. Chron. p. 329 330. Procop. Anecdot. c. 26, 27. Eulogius, who had been a monk of Antioch, was more conspicuous for subtilty than eloquence. He proves that the enemies of the faith, the Gaianites and Theodosians, ought not to be reconciled; that the same proposition may be orthodox in the mouth of St. Cyril, heretical in that of Severus; that the opposite assertions of St. Leo are equally true, etc.

His writings are no longer extant except in the Extracts of Photius, who had perused them with care and satisfaction, ccviii. ccxxv. ccxxvi. ccxxvii. ccxxx. cclxxx. See the Life of John the eleemosynary by his contemporary Leontius, bishop of Neapolis in Cyrus, whose Greek text, either lost or hidden, is reflected in the Latin version of Baronius, (A.D. 610, No.9, A.D. 620, No. 8.) Pagi (Critica, tom. ii. p. 763) and Fabricius l. v c. 11, tom. vii. p. 454) have made some critical observations This number is taken from the curious Recherches sur les Egyptiens et les Chinois, (tom. ii. p. 192, 193,) and appears more probable than the 600,000 ancient, or 15,000 modern, Copts of Gemelli Carreri Cyril Lucar, the Protestant patriarch of Constantinople, laments that those heretics were ten times more numerous than his orthodox Greeks, ingeniously applying Homer, (Iliad, ii. 128,) the most perfect expression of contempt, (Fabric. Lux Evangelii, 740.) The history of the Copts, their religion, manners, etc., may be found in the Abbe Renaudot's motley work, neither a translation nor an original; the Chronicon Orientale of Peter, a Jacobite; in the two versions of Abraham Ecchellensis, Paris, 1651; and John Simon Asseman, Venet. 1729. These annals descend no lower than the xiiith century. The more recent accounts must be searched for in the travellers into Egypt and the Nouveaux Memoires des Missions du Levant. In the last century, Joseph Abudacnus, a native of Cairo, published at Oxford, in thirty pages, a slight Historia Jacobitarum, 147, post p.150 About the year 737. See Renaudot, Hist. Patriarch. Alex p. 221, 222.

Elmacin, Hist. Saracen. p. 99. Ludolph. Hist. Aethiopic. et Comment. l. i. c. 8. Renaudot Hist.

Patriarch. Alex. p. 480, etc. This opinion, introduced into Egypt and Europe by the artifice of the Copts, the pride of the Abyssinians, the fear and ignorance of the Turks and Arabs, has not even the semblance of truth. The rains of Aethiopia do not, in the increase of the Nile, consult the will of the monarch. If the river approaches at Napata within three days' journey of the Red Sea (see D'Anville's Maps,) a canal that should divert its course would demand, and most probably surpass, the power of the Caesars. The Abyssinians, who still preserve the features and olive complexion of the Arabs, afford a proof that two thousand years are not sufficient to change the color of the human race. The Nubians, an African race, are pure negroes, as black as those of Senegal or Congo, with flat noses, thick lips, and woolly hair, (Buffon, Hist. Naturelle, tom. v. p. 117, 143, 144, 166, 219, edit. in 12mo., Paris, 1769.) The ancients beheld, without much attention, the extraordinary phenomenon which has exercised the philosophers and theologians of modern times Asseman. Bibliot. Orient. tom. i. p. 329. The Christianity of the Nubians (A.D. 1153) is attested by the sheriff al Edrisi, falsely described under the name of the Nubian geographer, (p. 18,) who represents them as a nation of Jacobites. The rays of historical light that twinkle in the history of Ranaudot (p. 178, 220 - 224, 281 - 286, 405, 434, 451, 464) are all previous to this aera. See the modern state in the Lettres Edifiantes (Recueil, iv.) and Busching, (tom. ix. p. 152 - 139, par Berenger.) The abuna is improperly dignified by the Latins with the title of patriarch. The Abyssinians acknowledge only the four patriarchs, and their chief is no more than a metropolitan or national primate, (Ludolph. Hist. Aethiopic. et Comment. l. iii. c. 7.) The seven bishops of Renaudot, (p. 511,) who existed A.D. 1131, are unknown to the historian. I know not why Assemannus (Bibliot. Orient. tom. ii. p. 384) should call in question these probable missions of Theodora into Nubia and Aethiopia. The slight notices of Abyssinia till the year 1500 are supplied by Renaudot (p. 336 - 341, 381, 382, 405, 443, etc., 452, 456, 463, 475, 480, 511, 525, 559 - 564) from the Coptic writers. The mind of Ludolphus was a perfect blank. Ludolph. Hist. Aethiop. l. iv. c. 5. The most necessary arts are now exercised by the Jews, and the foreign trade is in the hands of the Armenians. What Gregory principally admired and envied was the industry of Europe - artes et opificia. John Bermudez, whose relation, printed at Lisbon, 1569, was translated into English by Purchas, (Pilgrims, l. vii. c. 7, p. 1149, etc.,) and from thence into French by La Croze, (Christianisme d'Ethiopie, p. 92 - 265.) The piece is curious; but the author may be suspected of deceiving Abyssinia, Rome, and Portugal. His title to the rank of patriarch is dark and doubtful, (Ludolph. Comment. No. 101, p. 473.) Religio Romana ...nec precibus patrum nec miraculis ab ipsis editis suffulciebatur, is the uncontradicted assurance of the devout emperor Susneus to his patriarch Mendez, (Ludolph. Comment. No. 126, p. 529;) and such assurances should be preciously kept, as an antidote against any marvellous legends. I am aware how tender is the question of circumcision. Yet I will affirm,1. That the Aethiopians have a physical reason for the circumcision of males, and even of females, (Recherches Philosophiques sur les Americains, tom. ii.) 2. That it was practised in Aethiopia long before the introduction of Judaism or Christianity, Herodot. l. ii. c. 104. Marsham, Canon. Chron. p. 72, 73.) “Infantes circumcidunt ob consuetudinemn, non ob Judaismum,” says Gregory the Abyssinian priest, (apud Fabric. Lux Christiana, p. 720.) Yet in the heat of dispute, the Portuguese were sometimes branded with the name of uncircumcised, (La Croze, p. 90. Ludolph. Hist. and Comment. l. iii. c. l.) The three Protestant historians, Ludolphus, (Hist. Aethiopica, Francofurt. 1681; Commentarius, 1691; Relatio Nova, etc., 1693, in folio,) Geddes, (Church History of Aethiopia, London, 1696, in 8vo..) and La Croze, (Hist. du Christianisme d'Ethiopie et d'Armenie, La Haye, 1739, in 12mo.,) have drawn their principal materials from the Jesuits, especially from the General History of Tellez, published in Portuguese at Coimbra, 1660. We might be surprised at their frankness; but their most flagitious vice, the spirit of persecution, was in their eyes the most meritorious virtue. Ludolphus possessed some, though a slight, advantage from the Aethiopic language, and the personal conversation of Gregory, a free-spirited Abyssinian priest, whom he invited from Rome to the court of Saxe-Gotha. See the Theologia Aethiopica of Gregory, in Fabric. Lux Evangelii, p. 716 - 734.) The travels of Bruce, illustrated by those of Mr. Salt, and the narrative of Nathaniel Pearce, have brought us again acquainted with this remote region. Whatever may be their speculative opinions the barbarous manners of the Ethiopians seem to be gaining more and more the ascendency over the practice of Christianity. - M.

CHAPTER - His soldiers (according to Abulfaradji. Chron. Syr. p. 112) called him another Cain. St. Martin, t. xi. p. 379. - M. He was received in Rome, and pillaged the churches. He carried off the brass roof of the Pantheon to Syracuse, or, as Schlosser conceives, to Constantinople Schlosser Geschichte der bilder-sturmenden Kaiser p. 80 - M. Schlosser (Geschichte der bilder sturmenden Kaiser, p. 90) supposed that the young princes were mutilated after the first insurrection; that after this the acts were still inscribed with their names, the princes being closely secluded in the palace. The improbability of this circumstance may be weighed against Gibbon's want of authority for his statement. - M. Of fear rather than of more generous motives. Compare Le Beau vol. xii. p. 64. - M. During the latter part of his reign, the hostilities of the Saracens, who invested a Pergamenian, named Tiberius, with the purple, and proclaimed him as the son of Justinian, and an earthquake, which destroyed the walls of Constantinople, compelled Leo greatly to increase the burdens of taxation upon his subjects. A twelfth was exacted in addition to every aurena as a wall tax. Theophanes p. Schlosser, Bilder eturmeud Kaiser, p. 197. - M. He is accused of burning the library of Constantinople, founded by Julian, with its president and twelve professors. This eastern Sorbonne had discomfited the Imperial theologians on the great question of image worship. Schlosser observes that this accidental fire took place six years after the emperor had laid the question of image-worship before the professors. Bilder sturmand Kaiser, p. 294. Compare Le Heau. vol. xl. p. 156. - M. Schlosser thinks more highly of Leo's mind; but his only proof of his superiority is the successes of his generals against the Saracens, Schlosser, p. 256. - M. The second offence was on the accession of the young Constantine - M. Gibbon has been attacked on account of this statement, but is successfully defended by Schlosser. B S. Kaiser p. 327. Compare Le Beau, c. xii p. 372. - M. The Syrian historian Aboulfaradj. Chron. Syr. p. 133, 139, speaks of him as a brave, prudent, and pious prince, formidable to the Arabs. St.