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The History of the Decline and Fall of the Roman Empire - Edward Gibbon [2077]

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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 preeminence should be reserved for the birthright of the former. A mutual league of amity was pledged between the royal partners; and in case of a rupture, the subjects were bound, by their oath of allegiance, to declare themselves against the aggressor; an ambiguous name, the seed of discord and civil war. Palaeologus was content; but, on the day of the coronation, and in the cathedral of Nice, his zealous adherents most vehemently urged the just priority of his age and merit. The unseasonable dispute was eluded by postponing to a more convenient opportunity the coronation of John Lascaris; and he walked with a slight diadem in the train of his guardian, who alone received the Imperial crown from the hands of the patriarch. It was not without extreme reluctance that Arsenius abandoned the cause of his pupil; out the Varangians brandished their battle-axes; a sign of assent was extorted from the trembling youth; and some voices were heard, that the life of a child should no longer impede the settlement of the nation. A full harvest of honors and employments was distributed among his friends by the grateful Palaeologus. In his own family he created a despot and two sebastocrators; Alexius Strategopulus was decorated with the title of Caesar; and that veteran commander soon repaid the obligation, by restoring Constantinople to the Greek emperor.

[Footnote 14: Without comparing Pachymer to Thucydides or Tacitus, I will praise his narrative, (l. i. c. 13 - 32, l. ii. c. 1 - 9,) which pursues the ascent of Palaeologus with eloquence, perspicuity, and tolerable freedom. Acropolita is more cautious, and Gregoras more concise.]

[Footnote 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.)]

[Footnote 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 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.

Note *: And even demanded in the present - M.]

[Footnote 17: Yet an ingenious friend has urged to me in mitigation of this practice, 1. That in nations emerging from barbarism, it moderates the license 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 a 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 overruled]

It was in the second year of his reign, while he resided in the palace and gardens of Nymphaeum, ^18 near Smyrna, that the first messenger arrived at the dead of night; and the stupendous intelligence was imparted to Michael, after he had been gently waked by the tender precaution of his sister Eulogia. The man was unknown or obscure; he produced no letters from the victorious Caesar; nor could it easily be credited, after the defeat of Vataces and the recent failure of Palaeologus himself, that the capital had been surprised by a detachment of eight hundred soldiers. As a hostage, the doubtful author was confined, with the assurance of death or an ample recompense; and the court was left some hours in the anxiety of hope and fear, till the messengers of Alexius arrived with

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