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Acropolita for a baser punishment. One of the first officers of the empire was ordered to dismount, stripped of his robes, and extended on the ground in the presence of the prince and army. In this posture he was chastised with so many and such heavy blows from the clubs of two guards or executioners, that when Theodore commanded them to cease, the great logothete was scarcely able to rise and crawl away to his tent. After a seclusion of some days, he was recalled by a peremptory mandate to his seat in council; and so dead were the Greeks to the sense of honour and shame, that it is from the narrative of the sufferer himself that we acquire the knowledge of his disgrace. The cruelty of the emperor was exasperated by the pangs of sickness, the approach of a premature end, and the suspicion of poison and magic. The lives and fortunes, the eyes and limbs, of his kinsmen and nobles, were sacrificed to each sally of passion; and before he died, the son of Vataces might deserve from the people, or at least from the court, the appellation of tyrant. A matron of the family of the Palæologi had provoked his anger by refusing to bestow her beauteous daughter on the vile plebeian who was recommended by his caprice. Without regard to her birth or age her body, as high as the neck, was inclosed in a sack with several cats, who were pricked with pins to irritate their fury against their unfortunate fellow-captive. In his last hours the emperor testified a wish to forgive and be forgiven, a just anxiety for the fate of John his son and successor, who, at the age of eight years, Minority of was condemned to the dangers of a long minority. His

last choice entrusted the office of guardian to the sanc

tity of the patriarch Arsenius, and to the courage of George Muzalon, the great domestic, who was equally distinguished by the royal favour and the public hatred. Since their connection with the Latins, the names and privileges of hereditary rank had insinuated themselves into the Greek monarchy; and the noble families were provoked by the elevation of a worthless favourite, to whose influence they imputed the errors and calamities of the late reign. In the first council, after the emperor's death, Muzalon, from a lofty throne, pronounced a laboured apology of his conduct and intentions : his modesty was subdued by an

John Las-
caris,
A.D. 1259.
August.

Acropolita (c. 63.) seems to admire his own firmness in sustaining a beating, and not returning to council till he was called. He relates the exploits of Theodore, and his own services, from c. 53. to c. 74. of his history. Sce the third book of Nicephorus Gregoras.

& Pachymer (1. i. c. 21.) names and discriminates fifteen or twenty Greek fainilies, και όσοι άλλοι, οίς ή μεγαλογενής σειρά και χρυση συγκεκρότητο. Does he mean, by this decoration, a figurative, or a real golden chain ? Perhaps, both.

unanimous assurance of esteem and fidelity; and his most inveterate enemies were the loudest to salute him as the guardian and saviour of the Romans. Eight days were sufficient to prepare the execution of the conspiracy. On the ninth, the obsequies of the deceased monarch were solemnised in the cathedral of Magnesia', an Asiatic city, where he expired, on the banks of the Hermus, and at the foot of mount Sipylus. The holy rites were interrupted by a sedition of the guards; Muzalon, his brothers, and his adherents, were massacred at the foot of the altar; and the absent patriarch was associated with a new colleague, with Michael Palæologus, the most illustrious, in birth and merit, of the Greek nobles. 10

Of those who are proud of their ancestors, the far greater part must be content with local or domestic character renown; and few there are who dare trust the memorials Palæologus. of their family to the public annals of their country. As early as the middle of the eleventh century, the noble race of the Palæologi 11 stands high and conspicuous in the Byzantine history : it was the valiant George Palæologus who placed the father of the Comneni on the throne; and his kinsmen or descendants continue, in each generation, to lead the armies and councils of the state. The purple was not dishonoured by their alliance; and had the law of succession, and female succession, been strictly observed, the wife of Theodore Lascaris must have yielded to her elder sister, the mother of Michael Palæologus, who afterwards raised his family to the throne. In his person, the splendour of birth was dignified by the merit of the soldier and statesman : in his early youth he was promoted to the office of constable or commander of the French mercenaries; the private expense of a day never exceeded three pieces of gold; but his ambition was rapacious and profnse; and his gifts were doubled by the graces of his conversation and manners. The love of the soldiers and people excited the jealousy of the court; and Michael thrice escaped from the dangers in which he was involved by his own imprudence or that of his

Family and

9 The old geographers, with Cellarius and D'Anville, and our travellers, particularly Pocock and Chandler, will teach us to distinguish the two Magnesias of Asia Minor, of the Mæander and of Sipylus. The latter, our present object, is still flourishing for a Turkish city, and lies eight hours, or leagues, to the north-east of Smyrna (Tourne. fort, Voyage du Levant, tom. iii. lettre xxii. p. 365–370. Chandler's Travels into Asia Minor, p. 267.).

10 See Acropolita (c. 75, 76, &c.), who lived too near the times; Pachymer (1. i. c. 13—25.), Gregoras (l. iii. c. 3, 4, 5.).

11 The pedigree of Palæologus is explained by Ducange (Famil. Byzant. p. 230, &c.): the events of his private life are related by Pachymer (1. i. c. 7—12.) and Gregoras (1. ii. 8. 1. iii. 2. 4. 1. iv. 1.) with visible favour to the father of the reigning dynasty.

arose

" I am a

friends. I. Under the reign of Justice and Vataces, a dispute

12 between two officers, one of whom accused the other of maintaining the hereditary right of the Palæologi. The cause was decided, according to the new jurisprudence of the Latins, by single combat: the defendant was overthrown; but he persisted in declaring that himself alone was guilty; and that he had uttered these rash or treasonable speeches without the approbation or knowledge of his patron. Yet a cloud of suspicion hung over the innocence of the constable: he was still pursued by the whispers of malevolence; and a subtle courtier, the archbishop of Philadelphia, urged him to accept the judgment of God in the fiery proof of the ordeal. 13 Three days before the trial, the patient's arm was inclosed in a bag, and secured by the royal signet ; and it was incumbent on him to bear a red-hot ball of iron three times from the altar to the rails of the sanctuary, without artifice and without injury. Palæologus eluded the dangerous experiment with sense and pleasantry.

soldier,” said he, “and will boldly enter the lists with my

accusers; but a layman, a sinner like myself, is not endowed “ with the gift of miracles. Your piety, most holy prelate, may “ deserve the interposition of heaven, and from your hands I “ will receive the fiery globe, the pledge of my innocence.” The archbishop started; the emperor smiled; and the absolution or pardon of Michael was approved by new rewards and new services. II. In the succeeding reign, as he held the government of Nice, he was secretly informed, that the mind of the absent prince was poisoned with jealousy ; and that death, or blindness, would be his final reward. Instead of awaiting the return and sentence of Theodore, the constable, with some followers, escaped from the city and the empire; and though he was plundered by the Turkmans of the desert, he found an hospitable refuge in the court of the sultan. In the ambiguous state of an exile, Michael reconciled the duties of gratitude and loyalty : drawing his sword against the Tartars; admonishing the garrisons of the Roman limit; and promoting, by his influence, the restoration of peace, in which his pardon and recal were honourably included. III. While he guarded the West against the despot of Epirus, Michael was again suspected and condemned in the palace; and such was his loyalty or weakness, that he submitted to be led in chains above six hundred miles from Durazzo to Nice. The civility of the messenger alleviated his disgrace; the emperor's sickness dispelled his danger; and the last breath of Theodore, which recommended his infant son, at once acknowledged the innocence and the power of Palæologus.

13 Acropolita (c. 50.) relates the circumstances of this curious adventure, which seem to have escaped the more recent writers.

1 Pachymer (1. i. c. 12.), who speaks with proper contempt of this barbarous trial, affirms, that he had seen in his youth many persons who had sustainedd, without injury, the fiery ordeal. As a Greek, he is credulous; but the ingenuity of the Greeks might furnish some remedies of art or fraud against their own superstition, or that of their tyrant.

But his innocence had been too unworthily treated, and his power was too strongly felt, to curb an aspiring throne. subject in the fair field that was opened to his ambition. In the council after the death of Theodore, he was the first to pronounce, and the first to violate, the oath of allegiance to Muzalon; and so dexterous was his conduct, that he reaped the benefit, without incurring the guilt, or at least the reproach, of the subsequent massacre. In the choice of a regent, he balanced the interests and passions of the candidates ; turned their envy and hatred from himself against each other, and forced every competitor to own, that, after his own claims, those of Palæologus were best entitled to the preference. Under the title of great duke, he accepted or assumed, during a long minority, the active powers of government; the patriarch was a venerable name; and the factious nobles were seduced, or oppressed, by the ascendant of his genius. The fruits of the economy of Vataces were deposited in a strong castle on the banks of the Hermus, in the custody of the faithful Varangians: the constable retained his command or influence over the foreign troops; he employed the guards to possess the treasure, and the treasure to corrupt the guards; and whatsoever might be the abuse of the public money, his character was above the suspicion of private avarice. By himself, or by his emissaries, he strove to persuade every rank of subjects, that their own prosperity would rise in just proportion to the establishment of his authority. The weight of taxes was suspended, the perpetual theme of popular complaint; and he prohibited the trials by the ordeal and judicial combat. These Barbaric institutions were already abolished or undermined in France 15 and England 16; and the appeal to the sword offended the sense of a civilised "?, and the temper of an unwarlike, people. For the future maintenance of their wives and children, the veterans were grateful: the priest and the philosopher applauded his ardent zeal for the advancement of religion and learning; and his vague promise of rewarding merit was applied by every candidate to his own hopes. Conscious of the influence of the clergy, Michael successfully laboured to secure the suffrage of that powerful order. Their expensive journey from Nice to Magnesia, afforded a decent and ample pretence: the leading prelates were tempted by the liberality of his nocturnal visits; and the incorruptible patriarch was flattered by the homage of his new colleague, who led his mule by the bridle into the town, and removed to a respectful distance the importunity of the crowd. Without renouncing his title by royal descent, Palæologus encouraged a free discussion into the advantages of elective monarchy; and his adherents asked, with the insolence of triumph, what patient would trust his health, or what merchant would abandon his vessel, to the hereditary skill of a physician or a pilot? The youth of the emperor, and the impending dangers of a minority, required the support of a mature and experienced guardian ; of an associate raised above the envy of his equals, and invested with the name and prerogatives of royalty. For the interest of the prince and people, without any selfish views for himself or his family, the great duke consented to guard and instruct the son of Theodore; but he sighed for the happy moment when he might restore to his firmer hands the administration of his patrimony, and enjoy the blessings of a private station. He was first invested with the title and prerogatives of despot, which bestowed the purple ornaments and the second place in the Roman monarchy. It was afterwards agreed that John and Michael should be proclaimed as joint emperors, and raised on the buckler, but that the pre-eminence should be reserved for the birthright of the former. A mutual league of amity was pledged between the royal partners ; trial by battle has never been abrogated in the English law, and it was ordered by the judges as late as the beginning of the last century.

His elevation to the

14 Without comparing Pachymer to Thucydides or Tacitus, I will praise his narrative (l. i. c. 13–32. 1. ii. c. 1—9.), which pursues the ascent of Palæologus with eloquence, perspicuity, and tolerable freedom. Acropolita is more cautious, and Gre. goras more concise.

15 The judicial combat was abolished by St. Louis in his own territories; and his example and authority were at length prevalent in France (Esprit des Loix, l. xxviii. c. 29.).

16 In civil cases Henry II. gave an option to the defendant: Glanville prefers the proof by evidence; and that by judicial combat is reprobated in the Fleta. Yet the 17 Yet an ingenious friend has urged to me in mitigation of this practice, 1. That in nations emerging from barbarism, it moderates the licence of private war and arbitrary revenge.

2. That it is less absurd than the trials by the ordeal, or boiling water, or the cross, which it has contributed to abolish. 3. That it served at least as a test of personal courage; a quality so seldom united with a base disposition, that the danger of a trial might be some check to a malicious prosecutor, and an useful barrier against injustice supported by power. The gallant and unfortunate earl of Surrey might probably have escaped his unmerited fate, had not his demand of the combat against his accuser been over-ruled.

* And even demanded in the present. — M.

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