56

which he had built in the several quarters of the city, assigned them lands and pensions for the support of their dignity," and alienated the demesnes of Pontus and Asia to grant hereditary estates by the easy tenure of maintaining a house in the capital. But these encouragements and obligations soon became superfluous, and were gradually abolished. Wherever the seat of government is fixed, a considerable part of the public revenue will be expended by the prince himself, by his ministers, by the officers of justice, and by the domestics of the pa.ace. The most wealthy of the provincials will be attracted by the powerful motives of interest and duty, of amusement and curiosity. A third and more numerous class of inhabitants will insensibly be formed, of servants, of artificers, and of merchants, who derive their subsistence from their own labour, and from the wants or luxury of the superior ranks. In less than a century Constantinople disputed with Rome itself the pre-eminence of riches and numbers. New piles of buildings, crowded together with too little regard to health or convenience, scarcely allowed the intervals of narrow streets for the perpetual throng of men, of horses, and of carriages. The allotted space of ground was insufficient to contain the increasing people, and the additional foundations, which on either side were advanced into the sea, might alone have composed a very considerable city. 57

Privileges.

The frequent and regular distributions of wine and oil, of corn or bread, of money or provisions, had almost exempted the poorer citizens of Rome from the necessity of labour. The magnificence of the first Cæsars was in some measure imitated by the founder of Constantinople :58 but his liberality, however it might

Zosim. 1. ii.

55 Themist. Orat. iii. p. 48, edit. Hardouin. Sozomen, 1. ii. c. 3. [c. 31] p. 107. Anonym. Valesian, p. 715. If we could credit Codinus (p. 10) [p. 20, sq., ed. Bonn], Constantine built houses for the senators on the exact model of their Roman palaces, and gratified them, as well as himself, with the pleasure of an agreeable surprise; but the whole story is full of fictions and inconsistencies.

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

57 The passages of Zosimus, of Eunapius, of Sozomen, and of Agathias, which relate to the increase of buildings and inhabitants at Constantinople, are collected and connected by Gyllius de Byzant. 1. i. c. 3. Sidonius Apollinaris (in Panegyr. Anthem. 56, p. 279, edit. Sirmond) describes the moles that were pushed forwards into the sea; they consisted of the famous Puzzolan sand, which hardens in the water.

35 Sozomen, 1. ii. c. 3. Philostorg. l. ii. c. 9. Codin. Antiquitat. Const. p. 8 [p. 16, ed. Bonn]. It appears by Socrates, 1. ii. c. 13, that the daily allowance of the city consisted of eight myriads of iron, which we may either translate, with Valesius, by the words modii of corn, or consider as expressive of the number of loaves of bread.

Naudet supposes that 80,000 medimni of corn were intended, as a Greek writer

would be more likely to mean the Greek measure medimnus than the Roman

excite the applause of the people, has incurred the censure of posterity. A nation of legislators and conquerors might assert their claim to the harvests of Africa, which had been purchased with their blood; and it was artfully contrived by Augustus, that, in the enjoyment of plenty, the Romans should lose the memory of freedom. But the prodigality of Constantine could not be excused by any consideration either of public or private interest; and the annual tribute of corn imposed upon Egypt for the benefit of his new capital was applied to feed a lazy and insolent populace, at the expense of the husbandmen of an industrious province.59 Some other regulations of this emperor are less liable to blame, but they are less deserving of notice. He divided Constantinople into fourteen regions or quarters,60 dignified the public council with the appellation of senate,1 communicated to the citizens the privileges of Italy,62 and bestowed on the rising city

5 See Cod. Theodos. 1. xiii, and xiv. and Cod. Justinian. Edict. xii. tom. ii. p. 648, edit. Genev. See the beautiful complaint of Rome in the poem of Claudian de Bell. Gildonico, ver. 60-62:

Cum subiit par Roma mihi, divisaque sumsit

Equales Aurora togas; Ægyptia rura

In partem cessere novam.

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

61 Senatum constituit secundi ordinis; Claros vocavit. Anonym. Valesian. p. 715. The senators of old Rome were styled Clarissimi. See a curious note of Valesius ad Ammian. Marcellin. xxii. 9. From the eleventh epistle of Julian it should seem that the place of senator was considered as a burthen rather than as an honour; but the Abbé de la Bléterie (Vie de Jovien, tom. ii. p. 371) has shown that this epistle could not relate to Constantinople. Might we not read, instead of the celebrated name of Bularris, the obscure but more probable word Bravos? Bisanthe or Rhodestus, now Rhodosto, was a small maritime city of Thrace. See Stephan. Byz. de Urbibus, p. 225 [ed. Lugd. B. 1694], and Cellar. Geograph. tom. i. p. 849.

62 Cod. Theodos. 1. xiv. 13. [Add Cod. Just. xi. 20.-S.] The commentary of Godefroy (tom. v. p. 220) is long, but perplexed; nor indeed is it easy to ascertain in what the Jus Italicum could consist after the freedom of the city had been com. municated to the whole empire."

measure modius; and his opinion has been adopted by Mr. Finlay. (Naudet, des Secours publics chez les Romains, in the Mémoires de l'Académie des Inscriptions, vol. xiii. p. 48; Finlay, Greece under the Romans, p. 136.) But Socrates says that the daily allowance of the city was 80,000 sirou, and it is impossible to believe that 80,000 medimni were daily distributed at Constantinople. Indeed, the smaller quantity of 80,000 modii appears incredible; and it is therefore more probable that 80,000 loaves of bread were intended. This is expressly stated by the author of the Life of Paul, Bishop of Constantinople (Phot. Bibl. No. 257, p. 475, a, ed. Bekker); and it is confirmed by the fact that from the time of Aurelian, The medimnus equalled 12 imperial allens,

and was equivalent to six modii.

and even earlier, bread was daily distributed to the people at Rome, instead of corn every month, as had formerly been the case. See Walter, Geschichte des Römischen Rechts, § 361, 2nd ed.; Smith's Dictionary of Greek and Roman Antiq. p. 550, 2nd ed.-S.

Savigny has shown that the substance of the Jus Italicum consisted in, first, the right of having a free constitution; se. condly, the exemption from taxes; and thirdly, the title of the land to be regarded as Quiritarian property. Down to the time of Diocletian Italy was free from both the land-tax and poll-tax; but it has been stated in a previous note (vol. ii. p. 114) that even when Italy lost this exemption, the privilege was still retained by many of the provincial towns, and

ontinued to bear the name of jus

the title of Colony, the first and most favoured daughter of ancient Rome. The venerable parent still maintained the legal and acknowledged supremacy, which was due to her age, to her dignity, and to the remembrance of her former greatness.63

Dedication, A.D. 330 or 334.

As Constantine urged the progress of the work with the impatience of a lover, the walls, the porticoes, and the principal edifices were completed in a few years, or, according to another account, in a few months: 64 but this extraordinary diligence should excite the less admiration, since many of the buildings were finished in so hasty and imperfect a manner, that, under the succeeding reign, they were preserved with difficulty from impending ruin.65 But while they displayed the vigour and freshness of youth, the founder prepared to celebrate the dedication of his city.66 The games and largesses which crowned the pomp of this memorable festival may easily be supposed; but there is one circumstance of a more singular and permanent nature, which ought not entirely to be overlooked. As often as the birthday of the city returned, the statue of Constantine, framed by his order, of gilt wood, and bearing in its right hand a small image of the genius of the place, was erected on a triumphal car. The guards, carrying white tapers, and clothed in their richest apparel, accompanied the solemn procession as it moved through the Hippodrome. When it was opposite to the throne of the reigning

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

64 Codinus (Antiquitat. p. 8 [p. 17, ed. Bonn]) affirms that the foundations of Constantinople were laid in the year of the world 5837 (A.D. 329), on the 26th of September, and that the city was dedicated the 11th of May, 5838 (A.D. 330). He connects these dates with several characteristic epochs, but they contradict each other; the authority of Codinus is of little weight, and the space which he assigns must appear insufficient. The term of ten years is given us by Julian (Orat. i. p. 83 and Spanheim labours to establish the truth of it (p. 69-75), by the help of two passages from Themistius (Orat. iv. p. 58) and of Philostorgius (1. ii. c. 9), which form a period from the year 324 to the year 334. Modern critics are divided concerning this point of chronology, and their different sentiments are very accurately described by Tillemont, Hist. des Empereurs, tom. iv. p. 619-625.

65 Themistius, Orat. iii. p. 47. Zosim. I. ii. [c. 32] p. 108. Constantine himself, in one of his laws (Cod. Theod. 1. xv. tit. i. [leg. 23?]), betrays his impatience. 66 Cedrenus and Zonaras, faithful to the mode of superstition which prevailed in their own times, assure us that Constantinople was consecrated to the virgin Mother of God.

Italicum, though no longer appropriate. This is the only thing that accounts for mention being made of a jus Italicum in the Code of Justinian, at a time when the free constitution of the towns and the institution of Quiritarian property had been put an end to. Hence the difficulty of Gibbon disappears, as the jus Italicum continued to confer the privilege of exemp

tion from taxation. Savigny, Ueber das Jus Italicum in Vermischte Schriften, vol. i. p. 29, seq., and Geschichte des Römis chen Rechts, vol. i. p. 74, scq. 2nd ed.-S.

The city was dedicated on the 11th o May, A.D. 330 (see the authorities in Clin ton, Fasti Rom. vol. i. p. 384), but we need not therefore conclude that its buildings were all finished by that time.-S.

emperor, he rose from his seat, and with grateful reverence adored the memory of his predecessor.67 At the festival of the dedication, an edict, engraved on a column of marble, bestowed the title of SECOND OF NEW ROME on the city of Constantine."8 But the name of Constantinople has prevailed over that honourable epithet, and after the revolution of fourteen centuries still perpetuates the fame of its author.70

The foundation of a new capital is naturally connected with the establishment of a new form of civil and military administra- Form of tion. The distinct view of the complicated system of policy government. introduced by Diocletian, improved by Constantine, and completed by his immediate successors, may not only amuse the fancy by the singular picture of a great empire, but will tend to illustrate the secret and internal causes of its rapid decay. In the pursuit of any remarkable institution, we may be frequently led into the more early or the more recent times of the Roman history; but the proper limits of this inquiry will be included within a period of about one hundred and thirty years, from the accession of Constantine to the publication of the Theodosian code;" from which, as well as from the Notitia of the East and West,72 we derive the most copious and authentic information of the state of the empire. This variety of objects will suspend, for some time, the course of the narrative; but the interruption will be censured only by those readers who are insensible to the importance of laws and manners, while they peruse, with eager

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

6 Sozomen, l. ii. c. 3. Ducange, C. P. 1. i. c. 6. Velut ipsius Romæ filiam, is the expression of Augustin. de Civitat. Dei, 1. v. c. 25.

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

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

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

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

"The reader may consult with advantage the last edition of the Netitia, Bonn, the valuable Commentary of Böcking on 1839-1833.-S.

curiosity, the transient intrigues of a court, or the accidental event of a battle.

Hierarchy of the state.

The manly pride of the Romans, content with substantial power, had left to the vanity of the East the forms and ceremonies of ostentatious greatness.73 But when they lost even the semblance of those virtues which were derived from their ancient freedom, the simplicity of Roman manners was insensibly corrupted by the stately affectation of the courts of Asia. The distinctions of personal merit and influence, so conspicuous in a republic, so feeble and obscure under a monarchy, were abolished by the despotism of the emperors; who substituted in their room a severe subordination of rank and office, from the titled slaves who were seated on the steps of the throne, to the meanest instruments of arbitrary power. This multitude of abject dependents was interested in the support of the actual government, from the dread of a revolution which might at once confound their hopes and intercept the reward of their services. In this divine hierarchy (for such it is frequently styled) every rank was marked with the most scrupulous exactness, and its dignity was displayed in a variety of trifling and solemn ceremonies, which it was a study to learn, and a sacrilege to neglect. The purity of the Latin language was debased, by adopting, in the intercourse of pride and flattery, a profusion of epithets which Tully would scarcely have understood, and which Augustus would have rejected with indignation. The principal officers of the empire were saluted, even by the sovereign himself, with the deceitful titles of your Sincerity, your Gravity, your Excellency, your Eminence, your sublime and wonderful Magnitude, your illustrious and magnificent Highness. The codicils or patents of their office were curiously emblazoned with such emblems as were best adapted to explain its nature and high dignity-the image or portrait of the reigning emperors; a triumphal car; the book of mandates placed on a table, covered with a rich carpet, and illuminated

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

74 The emperor Gratian, after confirming a law of precedency published by Valen tinian, the father of his Divinity, thus continues: Siquis igitur indebitum sibi locum usurpaverit, nullâ se ignoratione defendat; sitque plane sacrilegii reus, qui divina præcepta neglexerit. Cod. Theod. 1. vi. tit. v. leg. 2.

75 Consult the Notitia Dignitatum at the end of the Theodosian Code, tom. vi. p. 316.

Nostræ is an unhappy specimen of emendation.-S.

b Constantin, qui remplaça le grand Patriciat par une noblesse titrée, et qui changea avec d'autres institutions la nature de la société Latine, est le véritable fondateur de la royauté moderne, dans ce

qu'elle conserva de Romain. Chatea briand, Etud. Histor. Preface, i. 151. Manso (Leben Constantins des Grossen, p. 153, &c.) has given a lucid view of the dignities and duties of the officers in the Imperial court.-M.