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[ 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.]
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[ 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 Nymphæum, [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 Cæsar; nor could it easily be credited, after the defeat of Vataces and the recent failure of Palæologus 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 the authentic intelligence, and displayed the trophies of the conquest, the sword and sceptre, [19] the buskins and bonnet, [20] of the usurper Baldwin, which he had dropped in his precipitate flight. A general assembly of the bishops, senators, and nobles, was immediately convened, and never perhaps was an event received with more heartfelt and universal joy. In a studied oration, the new sovereign of Constantinople congratulated his own and the public fortune. “There was a time,” said he, “a far distant time, when the Roman empire extended to the Adriatic, the Tigris, and the confines of Æthiopia. After the loss of the provinces, our capital itself, in these last and calamitous days, has been wrested from our hands by the Barbarians of the West. From the lowest ebb, the tide of prosperity has again returned in our favor; but our prosperity was that of fugitives and exiles: and when we were asked, which was the country of the Romans, we indicated with a blush the climate of the globe, and the quarter of the heavens. The divine Providence has now restored to our arms the city of Constantine, the sacred seat of religion and empire; and it will depend on our valor and conduct to render this important acquisition the pledge and omen of future victories.” So eager was the impatience of the prince and people, that Michael made his triumphal entry into Constantinople only twenty days after the expulsion of the Latins. The golden gate was thrown open at his approach; the devout conqueror dismounted from his horse; and a miraculous image of Mary the Conductress was borne before him, that the divine Virgin in person might appear to conduct him to the temple of her Son, the cathedral of St. Sophia. But after the first transport of devotion and pride, he sighed at the dreary prospect of solitude and ruin. The palace was defiled with smoke and dirt, and the gross intemperance of the Franks; whole streets had been consumed by fire, or were decayed by the injuries of time; the sacred and profane edifices were stripped of their ornaments: and, as if they were conscious of their approaching exile, the industry of the Latins had been confined to the work of pillage and destruction. Trade had expired under the pressure of anarchy and distress, and the numbers of inhabitants had decreased with the opulence of the city. It was the first care of the Greek monarch to reinstate the nobles in the palaces of their fathers; and the houses or the ground which they occupied were restored to the families that could exhibit a legal right of inheritance. But the far greater part was extinct or lost; the vacant property had devolved to the lord; he repeopled Constantinople by a liberal invitation to the provinces; and the brave volunteers were seated in the capital which had been recovered by their arms. The French barons and the principal families had retired with their emperor; but the patient and humble crowd of Latins was attached to the country, and indifferent to the change of masters. Instead of banishing the factories of the Pisans, Venetians, and Genoese, the prudent conqueror accepted their oaths of allegiance, encouraged their industry, confirmed their privileges, and allowed them to live under the jurisdiction of their proper magistrates. Of these nations, the Pisans and Venetians preserved their respective quarters in the city; but the services and power of the Genoese deserved at the same time the gratitude and the jealousy of the Greeks. Their independent colony was first planted at the seaport town of Heraclea in Thrace. They were speedily recalled, and settled in the exclusive possession of the suburb of Galata, an advantageous post, in which they revived the commerce, and insulted the majesty, of the Byzantine empire. [21]
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[ The site of Nymphæum is not clearly defined in ancient or modern geography. But from the last hours of Vataces, (Acropolita, c. 52,) it is evident the palace and gardens of his favorite residence were in the neighborhood of Smyrna. Nymphæum might be loosely placed in Lydia, (Gregoras, l. vi. 6.)]
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[ This sceptre, the emblem of justice and power, was a long staff, such as was used by the heroes in Homer. By the latter Greeks it was named Dicanice, and the Imperial sceptre was distinguished as usual by the red or purple color.]
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[ Acropolita affirms (c. 87,) that this “Onnet” was after the French fashion; but from the ruby at the point or summit, Ducange (Hist. de C. P. l. v. c. 28, 29) believes that it was the high-crowned hat of the Greeks. Could Acropolita mistake the dress of his own court?]