XLIV,

may fometimes provoke a generous indignation, CHA P. and extort the hafty wifh of exchanging our elaborate jurisprudence for the fimple and fummary decrees of a Turkish cadhi. Our calmer reflection will fuggeft, that fuch forms and delays are neceffary to guard the perfon and property of the citizen; that the discretion of the judge is the firft engine of tyranny, and that the laws of a free people should foresee and determine every question that may probably arife in the exercise of power and the transactions of industry. But the govern ment of Justinian united the evils of liberty and fervitude; and the Romans were oppreffed at the same time by the multiplicity of their laws and the arbitrary will of their master,

CHA P.

XLV.

CHAP. XLV.

Reign of the younger Justin.-Embassy of the Avars. -Their Settlement on the Danube.-Conquest of Italy by the Lombards.-Adoption and Reign of Tiberius.-Of Maurice.-State of Italy under the Lombards and the Exarchs.-Of Ravenna. -Diftrefs of Rome.-Character and Pontificate of Gregory the First.

D

URING the last years of Juftinian, his infirm mind was devoted to heavenly conDeath of templation, and he neglected the bufinefs of the Juftinian, lower world. His fubjects were impatient of the Nov. 14. long continuance of his life and reign: yet all

A.D. 565,

who were capable of reflection, apprehended the moment of his death, which might involve the capital in tumult, and the empire in civil war. Seven nephews' of the childlefs monarch, the fons or grandfons of his brother and fifter, had been educated in the fplendour of a princely fortune; they had been fhewn in high commands to the provinces and armies; their characters were known, their followers were zealous, and as the jealoufy of age poftponed the declaration of a fucceffor, they might expect with equal hopes the inheritance of

See the family of Justin and Juftinian in the Familiæ Byzantinæ of Ducange, p. 89-101. The devout civilians Ludewig (in Vit. Juftinian. p. 131.) and Heineccius (Hift. Juris Roman. p. 374-) have fince illuftrated the genealogy of their favourite prince.

1

their uncle. He expired in his palace after a reign of thirty-eight years; and the decifive opportunity was embraced by the friends of Juftin the fon of Vigilantia. At the hour of midnight, his domestics were awakened by an importunate crowd who thundered at his door, and obtained admittance by revealing themselves to be the principal members of the fenate. These welcome deputies announced the recent and momentous fecret of the emperor's decease: reported, or perhaps invented, his dying choice of the best beloved and most deserving of his nephews, and conjured Justin to prevent the disorders of the multitude, if they should perceive, with the return of light, that they were left without a master. After compofing his countenance to surprise, forrow, and decent modefty, Juftin, by the advice of his wife Sophia, fubmitted to the authority of the fenate. He was conducted with speed and filence to the palace, the guards faluted their new fovereign, and the martial and religious rites of his coronation were deligently accomplished. By the hands of the proper officers he was invested with the Imperial garments, the red bufkins, white tunic, and purple robe. A fortunate foldier, whom he instantly promoted to the rank of tribune, encircled his neck with a military collar; four robuft youths exalted him on a fhield; he stood firm and erect to receive the adoration of his subjects; and their

2 In the ftory of Juftin's elevation I have translated into fimple and concise prose, the eight hundred verses of the two first books of Corippus, de Laudibus Juftini, Appendix Hift. Byzant. p. 401–416. Rome, 1777

С НА Р.

XLV.

VOL. VIII.

I

choice

XLV.

A.D. 574.

His confulfhip,

CHAP. choice was fanctified by the benediction of the patriarch, who impofed the diadem on the head of Reign of an orthodox prince. The hippodrome was already Juftin II. or the filled with innumerable multitudes, and no fooner younger, A. D. 565. did the emperor appear on his throne, than the Nov 15 voices of the blue and the green factions were conDecember. founded in the fame loyal acclamations. In the fpeeches which Juftin addreffed to the fenate and people, he promised to correct the abufes which had difgraced the age of his predeceffor, difplayed the maxims of a juft and beneficent government, and declared, that on the approaching calends of A.D. 66. January 3, he would revive in his own person the January 1. name and liberality of a Roman conful. The immediate discharge of his uncle's debts exhibited a folid pledge of his faith and generofity; a train of porters laden with bags of gold advanced into the midst of the hippodrome, and the hopeless creditors of Juftinian accepted this equitable payment as a voluntary gift. Before the end of three years, his example was imitated and furpaffed by the emprefs Sophia, who delivered many indigent citizens from the weight of debt and ufury: an act of benevolence the beft entitled to gratitude, fince it relieves the most intolerable diftrefs; but in which the bounty of a prince is the moft liable to be abused by the claims of prodigality and fraud *.

3 It is furprising how Pagi (Critica in Annal. Baron. tom. ii. p. 639.) could be tempted by any chronicles to contradict the plain and decifive text of Corippus (vicina dona, 1. ii. 354. vicina dies, 1. iv. i.), and to poftpone, till A. D. 567, the confulship of Juftin.

4 Theophan. Chronograph. p. 205. Whenever Cedrenus or Zonaras are mere transcribers, it is fuperfluous to allege their teftimony.

On

CHAP.

XLV.

Embaffy of

the Avars, A. D. 566

On the feventh day of his reign, Justin gave audience to the ambaffadors of the Avars, and the scene was decorated to imprefs the Barbarians with aftonishment, veneration, and terror. From the palace gate, the fpacious courts and long porticoes were lined with the lofty crefts and gilt bucklers of the guards, who prefented their fpears and axes with more confidence than they would have fhewn in a field of battle. The officers who exercised the power, or attended the perfon of the prince, were attired in their richest habits, and arranged according to the military and civil order of the hierarchy. When the veil of the fanctuary was withdrawn, the ambaffadors beheld the emperor of the Eaft on his throne, beneath a canopy or dome, which was fupported by four columns, and crowned with a winged figure of Victory. In the firft emotions of furprise, they fubmitted to the fervile adoration of the Byzantine court; but as foon as they rofe from the ground, Targetius, the chief of the embassy, expreffed the freedom and pride of a Barbarian. He extolled, by the tongue of his interpreter, the greatness of the chagan, by whose clemency the kingdoms of the South were permitted to exist, whose victorious subjects had traverfed the frozen rivers of Scythia, and who now covered the banks of the Danube with innumerable tents. The late emperor had cultivated, with annual and coftly gifts, the friendship of a grateful monarch, and the enemies of Rome had refpected the allies of the Avars. The fame prudence would instruct the nephew of Juftinian to imitate the liberality of his uncle, and to purchase the bleffings of peace from