II. The near approach of a comet Earthquakes. may injure or destroy the globe which we inhabit; but the changes on its surface have been hitherto produced by the action of volcanoes and earthquakes." The nature of the soil may indicate the countries most exposed to these formidable concussions, since they are caused by subterraneous fires, and such fires are kindled by the union and fermentation of iron and sulphur. But their times and effects appear to lie beyond the reach of human curiosity, and the philosopher will discreetly abstain from the prediction of earthquakes, till he has counted the drops of water that silently filtrate on the inflammable mineral, and measured the caverns which increase by resistance the explosion of the imprisoned air. Without assigning the cause, history will distinguish the periods in which these calamitous events have been rare or frequent, and will observe, that this fever of the earth raged with uncommon violence during the reign of Justinian. Each year is marked by the repetition of earthquakes, of such duration, that Constantinople has been shaken above forty days; of such extent, that the shock has been communicated to the whole surface of the globe, or at least of the Roman empire. An impulsive or vibratory motion was felt: enormous chasms were opened, huge and heavy bodies were discharged into the air, the sea alternately advanced and retreated beyond its ordinary bounds, and a mountain was torn from Libanus, and cast into the waves, where it protected, as a mole, the new harbour of Botrys in Phoenicia. The stroke that agitates an ant-hill, may crush the insect-myriads in the dust; yet truth must extort a confession, that man has industriously laboured for

1 This last comet was visible in the month of December, 1680. Bayle, who began his Pensées sur la Comete in January 1681. (Œuvres, 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.

m Paradise Lost was published in the year 1667; and the famous lines, (1. ii. 708, &c.) 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!

n For the cause of earthquakes, see Buffon, (tom. i. p. 502-536. Supplément à l'Hist. Naturelle, tom. v. p. 382-390, edition in 4to.) Valmont de Bomare, (Dictionnaire d'Histoire Naturelle, Tremblemens 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. 1. iv. c. 25. Anecdot. c. 18.) Agathias, (1. ii. p. 52, 53, 54. 1. v. p. 145-152.) John

A. D. 551.

July 9.

which include a nation within the limits of a wall, almost realizes the wish of Caligula, that the Roman people had but one neck. Two hundred and fifty thousand persons are said to have A. D. 526. perished in the earthquake of An- May 20. tioch, whose domestic multitudes were swelled by the conflux of strangers to the festival of the Ascension. The loss of Berytus' was of smaller account, but of much greater value. That city, on the coast of Phoenicia, was illustrated by the study of the civil law, which opened the surest road to wealth and dignity: the schools of Berytus were filled with the rising spirits of the age, and many a youth was lost in the earthquake, who might have lived to be the scourge or the guardian of his country. In these disasters, the architect becomes the enemy of mankind. The hut of a savage, or the tent of an Arab, may be thrown down without injury to the inhabitant; and the Peruvians had reason to deride the folly of their Spanish conquerors, who with so much cost and labour erected their own sepulchres. The rich marbles of a patrician are dashed on his own head: a whole people is buried under the ruins of public and private edifices, and the conflagration is kindled and propagated by the innumerable fires which are necessary for the subsistence and manufactures of a great city. Instead of the mutual sympathy which might comfort and assist the distressed, they dreadfully experience the vices and passions which are released from the fear of punishment: the tottering houses are pillaged by intrepid avarice; revenge embraces the moment, and selects the victim; and the earth often swallows the assassin, or the ravisher, in the consummation of their crimes. Superstition involves the present danger with invisible terrors ; and if the image of death may sometimes be subservient to the virtue or repentance of individuals, an affrighted people is more forcibly moved to expect the end of the world, or to deprecate with servile homage the wrath of an avenging Deity. III. Æthiopia and Egypt have been Plague-its oristigmatized in every age, as the origin and nature, ginal source and seminary of the A. D. 542. plague. In a damp, hot, stagnating air, this African fever is generated from the putrefaction of animal substances, and especially from the swarms of locusts, not less destructive to mankind in their death than in their lives. The fatal disease which

Malala, (Chron. tom. ii. p. 140-146. 176, 177. 183. 193. 220. 229, 231. 233, 234.) and Theophanes, (p. 151. 183. 189. 191-196.)

p An abrupt height, a perpendicular cape, between Aradus and Botrys, named by the Greeks θεων προσωπον, and ευπρόσωπον or проσпоν by the scrupulous christians. (Polyb. l. v. p. 411. Pompon. Mela, 1. i. c. 12. p. 87. cum Isaac Voss. Observat. Maundrell, Journey, p. 32, 33. Pocock's Description, vol. ii. p. 99.)

q 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 harbour.

The university, splendour, 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 twenty-fifth year of Jus tinian, A. D. 551, July 9. (Theophanes, p. 192.) but Agathias (I. 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 eighth edition, London, 1722.

depopulated the earth in the time of Justinian and his successors,' first appeared in the neighbourhood of Pelusium, between the Serbonian bog and the eastern channel of the Nile. From thence, tracing as it were a double path, it spread to the east, over Syria, Persia, and the Indies, and penetrated to the west, along the coast of Africa, and over the continent of Europe. In the spring of the second year, Constantinople, during three or four months, was visited by the pestilence; and Procopius, who observed its progress and symptoms with the eyes of a physician," has emulated the skill and diligence of Thucydides in the description of the plague of Athens. The infection was sometimes announced by the visions of a distempered fancy, and the victim despaired as soon as he had heard the menace and felt the stroke of an invisible spectre. But the greater number, in their beds, in the streets, in their usual occupation, were surprised by a slight fever; so slight, indeed, that neither the pulse nor the colour of the patient gave any signs of the approaching danger. The same, the next, or the succeeding day, it was declared by the swelling of the glands, particularly those of the groin, of the arm-pits, and under the ear; and when these buboes or tumours were opened, they were found to contain a coal, or black substance, of the size of a lentil. If they came to a just swelling and suppuration, the patient was saved by this kind and natural discharge of the morbid humour. But if they continued hard and dry, a mortification quickly ensued, and the fifth day was commonly the term of his life. The fever was often accompanied with lethargy or delirium; the bodies of the sick were covered with black pustules or carbuncles, the symptoms of immediate death; and in the constitutions too feeble to produce an eruption, the vomiting of blood was followed by a mortification of the bowels. To pregnant women the plague was generally mortal: yet one infant was drawn alive from his dead mother, and three mothers survived the loss of their infected foetus. Youth was the most perilous season; and the female sex was less susceptible than the male: but every rank and profession was attacked with indiscriminate rage, and many of those who escaped were deprived of the use of their speech, without being secure from a return of the disorder. physicians of Constantinople were zealous and skilful but their art was baffled by the various symptoms and pertinacious vehemence of the dis

The

The great plague which raged in 542 and the following years, (Pagi, Critica, tom. ii. p. 518.) must be traced in Procopius, (Persic. I. ii. c. 22, 23.) Agathias, (1. v. p. 153, 154.) Evagrius, (1. iv. c. 29.) Paul Diaconus, (l. ii. c. 4. 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.

x See Thucydides, 1. ii. c. 47-54. p. 127--133. edit. Duker, and the poetical description of the same plague by Lucretius. (1. 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.

y Thucydides (c. 51.) affirms, that the infection could only be once taken; but Evagrius, who had family experience of the plague, ob

ease the same remedies were productive of contrary effects, and the event capriciously disappointed their prognostics of death or recovery. The order of funerals, and the right of sepulchres, were confounded; those who were left without friends or servants, lay unburied in the streets, or in their desolate houses; and a magistrate was authorized to collect the promiscuous heaps of dead bodies, to transport them by land or water, and to inter them in deep pits beyond the precincts of the city. Their own danger, and the prospect of public distress, awakened some remorse in the minds of the most vicious of mankind; the confidence of health again revived their passions and habits; but philosophy must disdain the observation of Procopius, that the lives of such men were guarded by the peculiar favour of fortune or providence. He forgot, or perhaps he secretly recollected, that the plague had touched the person of Justinian himself; but the abstemious diet of the emperor may suggest, as in the case of Socrates, a more rational and honourable cause for his recovery. During his sickness, the public consternation was expressed in the habits of the citizens; and their idleness and despondence occasioned a general scarcity in the capital of the east.

Extent and duration, A. D. 542-594.

Contagion is the inseparable symptom of the plague; which by mutual respiration, is transfused from the infected persons to the lungs and stomach of those who approach them. While philosophers believe and tremble, it is singular, that the existence of a real danger should have been denied by a people most prone to vain and imaginary terrors. Yet the fellow-citizens of Procopius were satisfied, by some short and partial experience, that the infection could not be gained by the closest conversation; b and this persuasion might support the assiduity of friends or physicians in the care of the sick, whom inhuman prudence would have condemned to solitude and despair. But the fatal security, like the predestination of the Turks, must have aided the progress of the contagion; and those salutary precautions to which Europe is indebted for her safety, were unknown to the government of Justinian. No restraints were imposed on the free and frequent intercourse of the Roman provinces: from Persia to France, the nations were mingled and infected by wars and emigrations; and the pestilential odour which lurks for years in a bale of cotton, was imserves, 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.

z It was thus that Socrates had been saved by his temperance, in the plague of Athens. (Aul. Gellius, Noct. Attic. ii. 1.) Dr. Mead accounts for the peculiar salubrity of religious houses, by the two advantages of seclusion and abstinence, (p. 18, 19.)

a Mead proves that the plague was contagious, from Thucydides, Lucretius, Aristotle, Galen, and common experience, (p. 10-20.) and he refutes (Preface, p. ii.-xiii) 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 la Peste de Marseille, Paris, 1786) of a city that, in the present hour of prosperity and trade, contains no more than 90,000 souls. (Necker, sur les Finances, tom. i. p. 231.)

b The strong assertions of Procopius ούτε γαρ ιατρῳ ούτε γαρ ιδιωτη --are overthrown by the subsequent experience of Evagrius.

ported, by the abuse of trade, into the most distant regions. The mode of its propagation is explained by the remark of Procopius himself, that it always spread from the sea-coast to the inland country; the most sequestered islands and mountains were successively visited; the places which had escaped the fury of its first passage, were alone exposed to the contagion of the ensuing year. The winds might diffuse that subtle venom: but unless the atmosphere be previously disposed for its reception, the plague would soon expire in the cold or temperate climates of the earth. Such was the universal corruption of the air, that the pestilence which burst forth in the fifteenth year of Justinian was not checked or alleviated by any difference of the seasons. In time, its first malignity was abated and dispersed; the disease alternately languished and revived; but it was not till the end of a calamitous period of fifty-two years, that mankind recovered their health, or the air resumed its pure and salubrious quality. No facts have been preserved to sustain an account, or even a conjecture, of the numbers that perished in this extraordinary mortality. I only find, that during three months, five, and at length ten, thousand persons died each day at Constantinople; that many cities of the east were left vacant, and that in several districts of Italy the harvest and the vintage withered on the ground. | The triple scourge of war, pestilence, and famine, afflicted the subjects of Justinian, and his reign is disgraced by a visible decrease of the human species, which has never been repaired in some of the fairest countries of the globe.

CHAP. XLIV.

Idea of the Roman jurisprudence.—The laws of the kings. The twelve tables of the decemvirs.-The laws of the people. -The decrees of the senate.— The edicts of the magistrates and emperors.—Authority of the civilians.-Code, Pandects, Novels, and Institutes of Justinian:-I. Rights of persons.--II. Rights of things.-III. Private injuries and actions.-IV. Crimes and punishments. The civil or Ro. THE vain titles of the victories of Justinian are crumbled into dust: but the

man law.

c After some figures of rhetoric, the sands of the sea, &c. Procopius (Anecdot. c. 18.) attempts a more definite account. that uvpiadas μvpradov uvpias had been exterminated under the reign of the imperial dæmon. 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. If we drop the μυριάδας, the remaining μυριάδων μυρίας, a myriad of myriads, would furnish one hundred millions, a number not wholly inadmissible. a 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 pedantic yoke; and I have dared to adopt the simple and rational method of numbering the book, the title, and the law.

b Germany, Bohemia, Hungary, Poland, and Scotland, have received them as common law or reason; in France, Italy, &c. they possess a direct or indirect influence; and they were respected in England, from Stephen to Edward I. our national Justiniau. (Duck. de Usû et Aucto. ritate Juris Civilis, 1. ii. c. 1. 8-15. Heineccius, Hist. Juris Germanici, c. 3, 4. No 55-124. and the legal historians of each country.)

name of the legislator is inscribed on a fair and everlasting monument. Under his reign, and by his care, the civil jurisprudence was digested in the immortal works of the CODE, the PANDECTS, and the INSTITUTES: the public reason of the Romans has been silently or studiously transfused into the domestic institutions of Europe, and the laws of Justinian still command the respect or obedience of independent nations. Wise or fortunate is the prince who connects his own reputation with the honour and interest of a perpetual order of men. The defence of their founder is the first cause, which in every age has exercised the zeal and industry of the civilians. They piously commemorate his virtues; dissemble or deny his failings; and fiercely chastise the guilt or folly of the rebels, who presume to sully the majesty of the purple. The idolatry of love has provoked, as it usually happens, the rancour of opposition; the character of Justinian has been exposed to the blind vehemence of flattery and invective, and the injustice of a sect (the Anti-Tribonians) has refused all praise and merit to the prince, his ministers, and his laws. Attached to no party, interested only for the truth and candour of history, and directed by the most temperate and skilful guides, I enter with just diffidence on the subject of civil law, which has exhausted so many learned lives, and clothed the walls of such spacious libraries. In a single, if possible in a short, chapter, I shall trace the Roman jurisprudence from Romulus to Justinian, appreciate the labours of that emperor, and pause to contemplate the principles of a science so important to the peace and happiness of society. The laws of a nation form the most instructive portion of its history; and, although I have devoted myself to write the annals of a declining monarchy, I shall embrace the occasion to breathe the pure and invigorating air of the republic.

d

The primitive government of Rome Laws of the kings of Rome. was composed, with some political skill, of an elective king, a council of nobles, and a general assembly of the people. War and religion were administered by the supreme magistrate; and he alone proposed the laws, which were debated in the senate, and finally ratified or rejected by a majority of votes in the thirty curia or parishes of the city. Romulus, Numa, and Servius Tullius, are

e Francis Hottoman, a learned and acute lawyer of the sixteenth century, wished to mortify Cujacius, and to please the chancellor de l'Hôpital. 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, Opp. tom. iii. sylloge iii. p. 171-183.)

d 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 treatiseswhich I have separately used are, 1. Historia Juris Romani et Germanici, Lugd. Batav. 1740, in 8vo. 2. Syntagma Antiquitatum Romanam Jurisprudentiam illustrantium, 2 vols. in 8vo. Traject. ad Rhenum. 3. Elementa Juris Civilis secundum Ordinem Institutionum, Lugd. Bat. 1751, in 8vo. 4. Elementa J. C. secundum Ordinem Pandectarum, Traject. 1772. in 8vo. 2. vols. e Our original text is a fragment de Origine Juris (Pandect. 1. i. tit. ii.) of Pomponius, a Roman lawyer, who lived under the Antonines. (Heinec. tom. iii. syll. iii. p. 66–126.) It has been abridged, and probably corrupted, by Tribonian, and since restored by Bynkershoek. (Opp. tom. i. p. 279-304.)

f The constitutional history of the kings of Rome may be studied in the first book of Livy, and more copiously in Dionysius Halicarnas. sensis, (1. ii. p. 80-96. 119-130. 1. iv. p. 198–220.) who sometimes betrays the character of a rhetorician and a Greek.

celebrated as the most ancient legislators; and each of them claims his peculiar part in the threefold division of Jurisprudence.s The laws of marriage, the education of children, and the authority of parents, which may seem to draw their origin from nature itself, arc ascribed to the untutored wisdom of Romulus. The law of nations and of religious worship, which Numa introduced, was derived from his nocturnal converse with the nymph Egeria. The civil law is attributed to the experience of Servius: he balanced the rights and fortunes of the seven classes of citizens; and guarded, by fifty new regulations, the observance of contracts and the punishment of crimes. The state, which he had inclined towards a democracy, was changed by the last Tarquin into lawless despotism; and when the kingly office was abolished, the patricians engrossed the benefits of freedom. The royal laws became odious or obsolete; the mysterious deposit was silently preserved by the priests and nobles; and at the end of sixty years, the citizens of Rome still complained that they were ruled by the arbitrary sentence of the magistrates. Yet the positive institutions of the kings had blended themselves with the public and private manners of the city; some fragments of that venerable jurisprudence" were compiled by the diligence of antiquarians, and above twenty texts still speak the rudeness of the Pelasgic idiom of the Latins.*

The twelve

cemvirs.

I shall not repeat the well-known tables of the De. story of the Decemvirs,' who sullied by their actions the honour of inscribing on brass, or wood, or ivory, the TWELVE TABLES of the Roman laws." They were dictated by the rigid and jealous spirit of an aristocracy, which had yielded with reluctance to the just demands of the people. But the substance of the twelve tables

g 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 ad. mitted by Mascou, his German editor.

The most ancient Code or Digest was styled Jus Papirianum, from the first compiler, Papirius, who flourished somewhat before or after the Regifugium. (Pandect. 1. i. tit. ii.) The best judicial critics, even Bynkershoek (tom. i. p. 284, 285.) and Heineccius, (Hist. J. C. R. 1. 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. 1 much suspect that the Caius Papirius, the Pontifex Maximus, who revived the laws of Numa, (Dionys. Hal. 1. iii. p. 171.) left only an oral tradition; and that the Jus Papirianum of Granius Flaccus (Pandect, I. L. tit. xvi. leg. 144.) was not a commentary, but an original work, compiled in the time of Cæsar. (Censorin. de Die Natali, I. iii. p. 13. Duker de Latinitate J. C. p. 157.)

i 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.

k In the year 1444, seven or eight tables of brass were dug up be tween 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; (1. i. c. 56-58.) 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 divina. tion 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 Eolic 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. 241258. Biblioth. Ital. tom. iii. p. 30-41. 174-205. tom. xiv. p. 1-52.) 1 Compare Livy (1. 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.

In From the historians, Heineccius (Hist. J. R. 1. i. No. 26.) maintains that the twelve tables were of brass-areas: in the text of Pomponius we read eboreas; for which Scaliger has substituted roboreas.

was adapted to the state of the city; and the Romans had emerged from barbarism, since they were capable of studying and embracing the institutions of their more enlightened neighbours. A wise Ephesian was driven by envy from his native country: before he could reach the shores of Latium, he had observed the various forms of human nature and civil society; he imparted his knowledge to the legislatures of Rome, and a statue was erected in the forum to the perpetual memory of Hermodorus." The names and divisions of the copper-money, the sole coin of the infant state, were of Dorian origin :" the harvests of Campania and Sicily relieved the wants of a people whose agriculture was often interrupted by war and faction; and since the trade was established," the deputies who sailed from the Tiber, might return from the same harbours with a more precious cargo of political wisdom. The colonies of Great Greece had transported and improved the arts of their mother-country. Cuma and Rhegium, Crotona and Tarentum, Agrigentum and Syracuse, were in the rank of the most flourishing cities. The disciples of Pythagoras applied philosophy to the use of government; the unwritten laws of Charondas accepted the aid of poetry and music, and Zalcucus framed the republic of the Locrians, which stood without alteration above two hundred years. From a similar motive of national pride, both Livy and Dionysius are willing to believe, that the deputies of Rome visited Athens under the wise and splendid administration of Pericles; and the laws of Solon were transfused into the twelve tables. If such an embassy had indeed been received from the barbarians of Hesperia, the Roman name would have been familiar to the Greeks before the reign of Alexander; and the faintest evidence would have been explored and (Bynkershoek, p. 286.) Wood, brass, and ivory, might be successively employed.

n His exile is mentioned by Cicero, (Tusculan. Quæstion. v. 36.) his statue by Pliny. (Hist. Nat. xxxiv. 11.) The letter, dream, and prophecy of Heraclitus, are alike spurious. (Epistolæ Græc. Divers. p. 337.) o 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 honour and resentment.

P The Romans, or their allies, sailed as far as the fair promontory of Africa. (Polyb. 1. iii. p. 177. edit. Casaubon, in folio.) Their voyages to Cumæ, &c. are noticed by Livy and Dionysius.

q This circumstance would alone prove the antiquity of Charondas, the legislator of Rhegium and Catana, who, by a strange error of Dio. dorus Siculus, (tom. i. 1. xii. p. 485–492.) is celebrated long afterwards as the author of the policy of Thurium.

r 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 Memoires of the Baron de St. Croix, sur la Legislation de la Grande Gréce; Mem. de l'Academie, tom. xlii. p. 276-333.) But the laws of Zaleucus and Charondas, which imposed on Diodorus and Stobæus, are the spurious com. position of a Pythagorean sophist, whose fraud has been detected by the critical sagacity of Bentley, p. 335-377.

s I seize the opportunity of tracing the progress of this national intercourse: 1. Herodotus and Thucydides, (A. U. C. 330-350.) appear ignorant of the name and existence of Rome. (Joseph. contra Apion. tom. ii. I. 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 Cammillo, 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, 1. 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. 449.) 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 Eneid: (Cassandra, 1226-1280.)

Γης και θαλασσης σκήπτρα και μοναρχίαν
Λαβόντες.

A bold prediction before the end of the first Punic war