When such a displacement has occurred in the moral order of things, it speedily becomes consummated in the material order also. The conversion of Constantine, in fact, declared the triumph of Christian society, and accelerated its progress. Thenceforward, power, jurisdiction, and wealth poured in upon the churches and bishops, as upon the only centres around which men were spontaneously disposed to group themselves, and which could exercise the virtue of attraction upon all the forces of society. It was no longer to his town, but to his church that the citizen desired to bequeath his property. It was no longer by the construction of circuses and aqueducts, but by the erection of Christian temples, that the rich man endeavoured to rest his claim to public affection. The parish took the place of the municipium; the central power itself, hurried on by the course of the events with which it had become associated, used all its efforts to swell the stream. The emperors deprived the communes of a portion of their property, and gave it to the churches; they deprived the municipal magistrates of a portion of their authority, and gave it to the bishops. When the victory had been thus avowed, interest combined with faith to increase the society of the conquerors. The clergy were exempted from the burden of municipal functions; and it became necessary to pass laws to prevent all the decurions from making themselves clerks. Without these laws, municipal society would have been entirely dissolved; its existence was protracted that it might continue to bear the burden to which it was condemned; and, strange to say, the emperors most favourable to the ecclesiastical order, and most liberal in augmenting its advantages, were compelled at the same time to struggle against the tendency which induced men to leave every other association, in order to enter into the only one in which they could find honour and protection.
Decay Of The Municipia.
Such then, was, in truth, the state of things. Despotism, urged by its own necessities, incessantly aggravated the condition of the curia. That of the church flourished and improved as incessantly, either by the aid of the peoples, or by the action of despotism itself, which had need of the support of the clergy. It was therefore necessary continually to relegate to the curia the decurions who were ever anxious to leave it. In proportion as their number decreased, and as those who remained became ruined and unable to bear the burden, their condition became less and less endurable. Thus, evil sprang from evil; oppression rendered ruin certain by its efforts to delay it; and the municipal system which, as I have said, had become an actual gaol to one class of citizens, daily hastened onwards to its own destruction, and to that of the class which was chained to its destiny.
Such was, with regard to the municipia, the course of events and laws from the reign of Constantine until the fall of the Western Empire. In vain did some emperors strive to raise the communes; in vain did Julian restore to them a portion of the property which they had previously lost. These changes in legislation were ineffectual; a fatal necessity weighed upon the municipia; and whenever the municipal system bordered closely upon dissolution, and it was felt necessary to support it, no other aid was given than by redoubling the energy of the causes which urged it to destruction. Thus violent is the course of decaying despotism. The municipalities were daily sacrificed in greater measure to the empire, and the decurions to the municipalities; the external forms of liberty still existed within the curiæ, as regarded the election of magistrates and the administration of the affairs of the city; but these forms were vain, for the citizens who were called upon to give them life by their actions, were stricken to death in their personal independence and in their fortune. It was in this state of material ruin and moral annihilation that the Barbarians, when they established themselves in the Roman territory, found the towns, their magistrates, and their inhabitants.
Abolition Of The Municipal System.
In the East, the agony of the municipia was prolonged with the duration of the empire. Here also some emperors made unsuccessful attempts to restore them to prosperity. At length, the progress of the central despotism became so great, and the forms of municipal liberty so evidently a dead letter, that, towards the end of the ninth century, the Emperor Leo, called the Philosopher, abolished the whole municipal system at once, by the following decree:—
"As, in things which serve for use in common life, we esteem those which are convenient and useful, and despise those which are of no utility, so we ought to act in reference to laws; those which are of some advantage, and which confer some benefit on the commonwealth, should be maintained and honoured; but as for those whose maintenance is troublesome and unimportant, not only should we pay no attention to them, but we should reject them from the body of the laws. Now, we say, that among the ancient laws passed in reference to curiæ and decuriones, there are some which impose intolerable burdens on the decurions, and confer on the curiæ the right of appointing certain magistrates, and of governing cities by their own authority. Now that civil affairs have assumed another form, and that all things depend solely upon the care and administration of the imperial majesty, these laws wander, in some sort, vainly and without object around the legal territory; we therefore abolish them by the present decree." [Footnote 15]
[Footnote 15: Novell. Leo. 46.]