enclosed 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. "I am a 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 a 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 recall were honorably 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.

But his innocence had been too unworthily treated, and his power was too strongly felt, to curb an aspiring subject in the fair field that was opened to his ambition.14 In the council,

who had sustained, without injury, the fiery ordeal. As a Greek, he is credu ous; but the ingenuity of the Greeks might furnish some remedies of art or fraud against their own superstition, or that of their tyrant.

14 Without comparing Pachymer to Thucydides or Tacitus, I will praise his narrative, (1. i. c. 13—32, 1. ii. c. 1-9,) which pursues the

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 civilized,17 and the temper of

ascent of Palæologus with cloquence, perspicuity, and tolerable freedom. Acropolita is more cautious, and Gregoras 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, 1. 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 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.*

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,

* Ar.d even demanded in the present. - M

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 labored 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 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

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 carl of Surrey might probably have escaped his unmerited fate, had not his demand of the combat against his accuser been overruled.

against the aggressor; an ambiguous name, the seed of discord and civil war. Palæologus 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; but 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 Palæologus. In his own family he created a despot and two sebastocrators; Alexius Strategopulus was decorated with the title of Cæsar; and that veteran commander soon repaid the obligation, by restoring Constantinople to the Greek

emperor.

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

18 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, 1. vi. 6.)

19 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.

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 Ethiopia. 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

20 Acropolita affirms, (c. 87,) that this bonnet was after the French fashion; but from the ruby at the point or summit, Ducange (Hist. de C. P. 1. v. c. 28, 29) believes that it was the high-crowned hat of the Greeks. Could Acropolita mistake the dress of his own court: