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III. The edict of Milan secured the revenue as well as the
peace of the church. 101 The Christians not only recovered the
lands and houses of which they had been stripped by the
persecuting laws of Diocletian, but they acquired a perfect title
to all the possessions which they had hitherto enjoyed by the
connivance of the magistrate. As soon as Christianity became the
religion of the emperor and the empire, the national clergy might
claim a decent and honorable maintenance; and the payment of an
annual tax might have delivered the people from the more
oppressive tribute, which superstition imposes on her votaries.
But as the wants and expenses of the church increased with her
prosperity, the Ecclesiastical order was still supported and
enriched by the voluntary oblations of the faithful. Eight years
after The edict of Milan, Constantine granted to all his subjects
the free and universal permission of bequeathing their fortunes
to the holy Catholic Church; 102 and their devout liberality,
which during their lives was checked by luxury or avarice, flowed
with a profuse stream at the hour of their death. The wealthy
Christians were encouraged by the example of their sovereign. An
absolute monarch, who is rich without patrimony, may be
charitable without merit; and Constantine too easily believed
that he should purchase the favor of Heaven, if he maintained the
idle at the expense of the industrious; and distributed among the
saints the wealth of the republic. The same messenger who carried
over to Africa the head of Maxentius, might be intrusted with an
epistle to Caecilian, bishop of Carthage. The emperor acquaints
him, that the treasurers of the province are directed to pay into
his hands the sum of three thousand folles, or eighteen thousand
pounds sterling, and to obey his further requisitions for the
relief of the churches of Africa, Numidia, and Mauritania. 103
The liberality of Constantine increased in a just proportion to
his faith, and to his vices. He assigned in each city a regular
allowance of corn, to supply the fund of Ecclesiastical charity;
and the persons of both sexes who embraced the monastic life
became the peculiar favorites of their sovereign. The Christian
temples of Antioch, Alexandria, Jerusalem, Constantinople &c.,
displayed the ostentatious piety of a prince, ambitious in a
declining age to equal the perfect labors of antiquity. 104 The
form of these religious edifices was simple and oblong; though
they might sometimes swell into the shape of a dome, and
sometimes branch into the figure of a cross. The timbers were
framed for the most part of cedars of Libanus; the roof was
covered with tiles, perhaps of gilt brass; and the walls, the
columns, the pavement, were encrusted with variegated marbles.
The most precious ornaments of gold and silver, of silk and gems,
were profusely dedicated to the service of the altar; and this
specious magnificence was supported on the solid and perpetual
basis of landed property. In the space of two centuries, from
the reign of Constantine to that of Justinian, the eighteen
hundred churches of the empire were enriched by the frequent and
unalienable gifts of the prince and people. An annual income of
six hundred pounds sterling may be reasonably assigned to the
bishops, who were placed at an equal distance between riches and
poverty, 105 but the standard of their wealth insensibly rose
with the dignity and opulence of the cities which they governed.
An authentic but imperfect 106 rent-roll specifies some houses,
shops, gardens, and farms, which belonged to the three Basilica
of Rome, St. Peter, St. Paul, and St. John Lateran, in the
provinces of Italy, Africa, and the East. They produce, besides
a reserved rent of oil, linen, paper, aromatics, &c., a clear
annual revenue of twenty-two thousand pieces of gold, or twelve
thousand pounds sterling. In the age of Constantine and
Justinian, the bishops no longer possessed, perhaps they no
longer deserved, the unsuspecting confidence of their clergy and
people. The Ecclesiastical revenues of each diocese were divided
into four parts for the respective uses of the bishop himself, of
his inferior clergy, of the poor, and of the public worship; and
the abuse of this sacred trust was strictly and repeatedly
checked. 107 The patrimony of the church was still subject to
all the public compositions of the state. 108 The clergy of
Rome, Alexandria, Chessaionica, &c., might solicit and obtain
some partial exemptions; but the premature attempt of the great
council of Rimini, which aspired to universal freedom, was
successfully resisted by the son of Constantine. 109
Footnote 101: The edict of Milan (de M. P. c. 48) acknowledges,
by reciting, that there existed a species of landed property, ad
jus corporis eorum, id est, ecclesiarum non hominum singulorum
pertinentia. Such a solemn declaration of the supreme magistrate
must have been received in all the tribunals as a maxim of civil
law.
Footnote 102: Habeat unusquisque licentiam sanctissimo
Catholicae (ecclesioe) venerabilique concilio, decedens bonorum
quod optavit relinquere. Cod. Theodos. l. xvi. tit. ii. leg. 4.
This law was published at Rome, A. D. 321, at a time when
Constantine might foresee the probability of a rupture with the
emperor of the East.
Footnote 103: Eusebius, Hist. Eccles. l. x. 6; in Vit.
Constantin. l. iv. c. 28. He repeatedly expatiates on the
liberality of the Christian hero, which the bishop himself had an
opportunity of knowing, and even of lasting.
Footnote 104: Eusebius, Hist. Eccles. l. x. c. 2, 3, 4. The
bishop of Caesarea who studied and gratified the taste of his
master, pronounced in public an elaborate description of the
church of Jerusalem, (in Vit Cons. l. vi. c. 46.) It no longer
exists, but he has inserted in the life of Constantine (l. iii.
c. 36) a short account of the architecture and ornaments. He
likewise mentions the church of the Holy Apostles at
Constantinople, (l. iv. c. 59.)
Footnote 105: See Justinian. Novell. cxxiii. 3. The revenue of
the patriarchs, and the most wealthy bishops, is not expressed:
the highest annual valuation of a bishopric is stated at thirty,
and the lowest at two, pounds of gold; the medium might be taken
at sixteen, but these valuations are much below the real value.
Footnote 106: See Baronius, (Annal. Eccles. A. D. 324, No. 58,
65, 70, 71.) Every record which comes from the Vatican is justly
suspected; yet these rent-rolls have an ancient and authentic
color; and it is at least evident, that, if forged, they were
forged in a period when farms not kingdoms, were the objects of
papal avarice.
Footnote 107: See Thomassin, Discipline de l'Eglise, tom. iii.
l. ii. c. 13, 14, 15, p. 689-706. The legal division of the
Ecclesiastical revenue does not appear to have been established
in the time of Ambrose and Chrysostom. Simplicius and Gelasius,
who were bishops of Rome in the latter part of the fifth century,
mention it in their pastoral letters as a general law, which was
already confirmed by the custom of Italy.
Footnote 108: Ambrose, the most strenuous assertor of
Ecclesiastical privileges, submits without a murmur to the
payment of the land tax. "Si tri butum petit Imperator, non
negamus; agri ecclesiae solvunt tributum solvimus quae sunt
Caesaris Caesari, et quae sunt Dei Deo; tributum Caesaris est;
non negatur." Baronius labors to interpret this tribute as an act
of charity rather than of duty, (Annal. Eccles. A. D. 387;) but
the words, if not the intentions of Ambrose are more candidly
explained by Thomassin, Discipline de l'Eglise, tom. iii. l. i.
c. 34. p. 668.
Footnote 109: In Ariminense synodo super ecclesiarum et
clericorum privilegiis tractatu habito, usque eo dispositio
progressa est, ut juqa quae viderentur ad ecclesiam pertinere, a
publica functione cessarent inquietudine desistente; quod nostra
videtur dudum sanctio repulsisse. Cod. Theod. l. xvi. tit. ii.
leg. 15. Had the synod of Rimini carried this point, such
practical merit might have atoned for some speculative heresies.
IV. The Latin clergy, who erected their tribunal on the
ruins of the civil and common law, have modestly accepted, as the
gift of Constantine, 110 the independent jurisdiction, which was
the fruit of time, of accident, and of their own industry. But
the liberality of the Christian emperors had actually endowed
them with some legal prerogatives, which secured and dignified
the sacerdotal character. 111 1. Under a despotic government,
the bishops alone enjoyed and asserted the inestimable privilege
of being tried only by their peers; and even in a capital
accusation, a synod of their brethren were the sole judges of
their guilt or innocence. Such a tribunal, unless it was
inflamed by personal resentment or religious discord, might be
favorable, or even partial, to the sacerdotal order: but
Constantine was satisfied, 112 that secret impunity would be
less pernicious than public scandal: and the Nicene council was
edited by his public declaration, that if he surprised a bishop
in the act of adultery, he should cast his Imperial mantle over
the episcopal sinner. 2. The domestic jurisdiction of the
bishops was at once a privilege and a restraint of the
Ecclesiastical order, whose civil causes were decently withdrawn
from the cognizance of a secular judge. Their venial offences
were not exposed to the shame of a public trial or punishment;
and the gentle correction which the tenderness of youth may
endure from its parents or instructors, was inflicted by the
temperate severity of the bishops. But if the clergy were guilty
of any crime which could not be sufficiently expiated by their
degradation from an honorable and beneficial profession, the
Roman magistrate drew the sword of justice, without any regard to
Ecclesiastical immunities. 3. The arbitration of the bishops was
ratified by a positive law; and the judges were instructed to
execute, without appeal or delay, the episcopal decrees, whose
validity had hitherto depended on the consent of the parties.
The conversion of the magistrates themselves, and of the whole
empire, might gradually remove the fears and scruples of the
Christians. But they still resorted to the tribunal of the
bishops, whose abilities and integrity they esteemed; and the
venerable Austin enjoyed the satisfaction of complaining that his
spiritual functions were perpetually interrupted by the invidious
labor of deciding the claim or the possession of silver and gold,
of lands and cattle. 4. The ancient privilege of sanctuary was
transferred to the Christian temples, and extended, by the
liberal piety of the younger Theodosius, to the precincts of
consecrated ground. 113 The fugitive, and even guilty
suppliants, were permitted to implore either the justice, or the
mercy, of the Deity and his ministers. The rash violence of
despotism was suspended by the mild interposition of the church;
and the lives or fortunes of the most eminent subjects might be
protected by the mediation of the bishop.
Footnote 110: From Eusebius (in Vit. Constant. l. iv. c. 27) and
Sozomen (l. i. c. 9) we are assured that the episcopal
jurisdiction was extended and confirmed by Constantine; but the
forgery of a famous edict, which was never fairly inserted in the
Theodosian Code (see at the end, tom. vi. p. 303,) is
demonstrated by Godefroy in the most satisfactory manner. It is
strange that M. de Montesquieu, who was a lawyer as well as a
philosopher, should allege this edict of Constantine (Esprit des
Loix, l. xxix. c. 16) without intimating any suspicion.
Footnote 111: The subject of Ecclesiastical jurisdiction has
been involved in a mist of passion, of prejudice, and of
interest. Two of the fairest books which have fallen into my
hands, are the Institutes of Canon Law, by the Abbe de Fleury,
and the Civil History of Naples, by Giannone. Their moderation
was the effect of situation as well as of temper. Fleury was a
French ecclesiastic, who respected the authority of the
parliaments; Giannone was an Italian lawyer, who dreaded the
power of the church. And here let me observe, that as the
general propositions which I advance are the result of many
particular and imperfect facts, I must either refer the reader to
those modern authors who have expressly treated the subject, or
swell these notes disproportionate size.
Footnote 112: Tillemont has collected from Rufinus, Theodoret,
&c., the sentiments and language of Constantine. Mem Eccles tom.
iii p. 749, 759.
Footnote 113: See Cod. Theod. l. ix. tit. xlv. leg. 4. In the
works of Fra Paolo. (tom. iv. p. 192, &c.,) there is an
excellent discourse on the origin, claims, abuses, and limits of
sanctuaries. He justly observes, that ancient Greece might
perhaps contain fifteen or twenty axyla or sanctuaries; a number
which at present may be found in Italy within the walls of a
single city.
V. The bishop was the perpetual censor of the morals of his
people The discipline of penance was digested into a system of
canonical jurisprudence, 114 which accurately defined the duty
of private or public confession, the rules of evidence, the
degrees of guilt, and the measure of punishment. It was
impossible to execute this spiritual censure, if the Christian
pontiff, who punished the obscure sins of the multitude,
respected the conspicuous vices and destructive crimes of the
magistrate: but it was impossible to arraign the conduct of the
magistrate, without, controlling the administration of civil
government. Some considerations of religion, or loyalty, or
fear, protected the sacred persons of the emperors from the zeal
or resentment of the bishops; but they boldly censured and
excommunicated the subordinate tyrants, who were not invested
with the majesty of the purple. St. Athanasius excommunicated
one of the ministers of Egypt; and the interdict which he
pronounced, of fire and water, was solemnly transmitted to the
churches of Cappadocia. 115 Under the reign of the younger
Theodosius, the polite and eloquent Synesius, one of the
descendants of Hercules, 116 filled the episcopal seat of
Ptolemais, near the ruins of ancient Cyrene, 117 and the
philosophic bishop supported with dignity the character which he
had assumed with reluctance. 118 He vanquished the monster of
Libya, the president Andronicus, who abused the authority of a
venal office, invented new modes of rapine and torture, and
aggravated the guilt of oppression by that of sacrilege. 119
After a fruitless attempt to reclaim the haughty magistrate by
mild and religious admonition, Synesius proceeds to inflict the
last sentence of Ecclesiastical justice, 120 which devotes
Andronicus, with his associates and their families, to the
abhorrence of earth and Heaven. The impenitent sinners, more
cruel than Phalaris or Sennacherib, more destructive than war,
pestilence, or a cloud of locusts, are deprived of the name and
privileges of Christians, of the participation of the sacraments,
and of the hope of Paradise. The bishop exhorts the clergy, the
magistrates, and the people, to renounce all society with the
enemies of Christ; to exclude them from their houses and tables;
and to refuse them the common offices of life, and the decent
rites of burial. The church of Ptolemais, obscure and
contemptible as she may appear, addresses this declaration to all
her sister churches of the world; and the profane who reject her
decrees, will be involved in the guilt and punishment of
Andronicus and his impious followers. These spiritual terrors
were enforced by a dexterous application to the Byzantine court;
the trembling president implored the mercy of the church; and the
descendants of Hercules enjoyed the satisfaction of raising a
prostrate tyrant from the ground. 121 Such principles and such
examples insensibly prepared the triumph of the Roman pontiffs,
who have trampled on the necks of kings.
Footnote 114: The penitential jurisprudence was continually
improved by the canons of the councils. But as many cases were
still left to the discretion of the bishops, they occasionally
published, after the example of the Roman Praetor, the rules of
discipline which they proposed to observe. Among the canonical
epistles of the fourth century, those of Basil the Great were the
most celebrated. They are inserted in the Pandects of Beveridge,
(tom. ii. p. 47-151,) and are translated by Chardon, Hist. des
Sacremens, tom. iv. p. 219-277.
Footnote 115: Basil, Epistol. xlvii. in Baronius, (Annal.
Eccles. A. D. 370. N. 91,) who declares that he purposely relates
it, to convince govern that they were not exempt from a sentence
of excommunication his opinion, even a royal head is not safe
from the thunders of the Vatican; and the cardinal shows himself
much more consistent than the lawyers and theologians of the
Gallican church.
Footnote 116: The long series of his ancestors, as high as
Eurysthenes, the first Doric king of Sparta, and the fifth in
lineal descent from Hercules, was inscribed in the public
registers of Cyrene, a Lacedaemonian colony. (Synes. Epist.
lvii. p. 197, edit. Petav.) Such a pure and illustrious pedigree
of seventeen hundred years, without adding the royal ancestors of
Hercules, cannot be equalled in the history of mankind.
Footnote 117: Synesius (de Regno, p. 2) pathetically deplores
the fallen and ruined state of Cyrene. Ptolemais, a new city, 82
miles to the westward of Cyrene, assumed the metropolitan honors
of the Pentapolis, or Upper Libya, which were afterwards
transferred to Sozusa.
Footnote 118: Synesius had previously represented his own
disqualifications. He loved profane studies and profane sports;
he was incapable of supporting a life of celibacy; he disbelieved
the resurrection; and he refused to preach fables to the people
unless he might be permitted to philosophize at home. Theophilus
primate of Egypt, who knew his merit, accepted this extraordinary
compromise.
Footnote 119: The promotion of Andronicus was illegal; since he
was a native of Berenice, in the same province. The instruments
of torture are curiously specified; the press that variously
pressed on distended the fingers, the feet, the nose, the ears,
and the lips of the victims.
Footnote 120: The sentence of excommunication is expressed in a
rhetorical style. (Synesius, Epist. lviii. p. 201-203.) The
method of involving whole families, though somewhat unjust, was
improved into national interdicts.
Footnote 121: See Synesius, Epist. xlvii. p. 186, 187. Epist.
lxxii. p. 218, 219 Epist. lxxxix. p. 230, 231.
VI. Every popular government has experienced the effects of
rude or artificial eloquence. The coldest nature is animated,
the firmest reason is moved, by the rapid communication of the
prevailing impulse; and each hearer is affected by his own
passions, and by those of the surrounding multitude. The ruin of
civil liberty had silenced the demagogues of Athens, and the
tribunes of Rome; the custom of preaching which seems to
constitute a considerable part of Christian devotion, had not
been introduced into the temples of antiquity; and the ears of
monarchs were never invaded by the harsh sound of popular
eloquence, till the pulpits of the empire were filled with sacred
orators, who possessed some advantages unknown to their profane
predecessors. 122 The arguments and rhetoric of the tribune were
instantly opposed with equal arms, by skilful and resolute
antagonists; and the cause of truth and reason might derive an
accidental support from the conflict of hostile passions. The
bishop, or some distinguished presbyter, to whom he cautiously
delegated the powers of preaching, harangued, without the danger
of interruption or reply, a submissive multitude, whose minds had
been prepared and subdued by the awful ceremonies of religion.
Such was the strict subordination of the Catholic Church, that
the same concerted sounds might issue at once from a hundred
pulpits of Italy or Egypt, if they were tuned 123 by the master
hand of the Roman or Alexandrian primate. The design of this
institution was laudable, but the fruits were not always
salutary. The preachers recommended the practice of the social
duties; but they exalted the perfection of monastic virtue, which
is painful to the individual, and useless to mankind. Their
charitable exhortations betrayed a secret wish that the clergy
might be permitted to manage the wealth of the faithful, for the
benefit of the poor. The most sublime representations of the
attributes and laws of the Deity were sullied by an idle mixture
of metaphysical subtleties, puerile rites, and fictitious
miracles: and they expatiated, with the most fervent zeal, on the
religious merit of hating the adversaries, and obeying the
ministers of the church. When the public peace was distracted by
heresy and schism, the sacred orators sounded the trumpet of
discord, and, perhaps, of sedition. The understandings of their
congregations were perplexed by mystery, their passions were
inflamed by invectives; and they rushed from the Christian
temples of Antioch or Alexandria, prepared either to suffer or to
inflict martyrdom. The corruption of taste and language is
strongly marked in the vehement declamations of the Latin
bishops; but the compositions of Gregory and Chrysostom have been
compared with the most splendid models of Attic, or at least of
Asiatic, eloquence. 124
Footnote 122: See Thomassin (Discipline de l'Eglise, tom. ii. l.
iii. c. 83, p. 1761-1770,) and Bingham, (Antiquities, vol. i. l.
xiv. c. 4, p. 688- 717.) Preaching was considered as the most
important office of the bishop but this function was sometimes
intrusted to such presbyters as Chrysoetom and Augustin.
Footnote 123: Queen Elizabeth used this expression, and
practised this art whenever she wished to prepossess the minds of
her people in favor of any extraordinary measure of government.
The hostile effects of this music were apprehended by her
successor, and severely felt by his son. "When pulpit, drum
ecclesiastic," &c. See Heylin's Life of Archbishop Laud, p.
153.
Footnote 124: Those modest orators acknowledged, that, as they
were destitute of the gift of miracles, they endeavored to
acquire the arts of eloquence.
VII. The representatives of the Christian republic were
regularly assembled in the spring and autumn of each year; and
these synods diffused the spirit of Ecclesiastical discipline and
legislation through the hundred and twenty provinces of the Roman
world. 125 The archbishop or metropolitan was empowered, by the
laws, to summon the suffragan bishops of his province; to revise
their conduct, to vindicate their rights, to declare their faith,
and to examine the merits of the candidates who were elected by
the clergy and people to supply the vacancies of the episcopal
college. The primates of Rome, Alexandria, Antioch, Carthage,
and afterwards Constantinople, who exercised a more ample
jurisdiction, convened the numerous assembly of their dependent
bishops. But the convocation of great and extraordinary synods
was the prerogative of the emperor alone. Whenever the
emergencies of the church required this decisive measure, he
despatched a peremptory summons to the bishops, or the deputies
of each province, with an order for the use of post-horses, and a
competent allowance for the expenses of their journey. At an
early period, when Constantine was the protector, rather than the
proselyte, of Christianity, he referred the African controversy
to the council of Arles; in which the bishops of York, of Treves,
of Milan, and of Carthage, met as friends and brethren, to debate
in their native tongue on the common interest of the Latin or
Western church. 126 Eleven years afterwards, a more numerous and
celebrated assembly was convened at Nice in Bithynia, to
extinguish, by their final sentence, the subtle disputes which
had arisen in Egypt on the subject of the Trinity. Three hundred
and eighteen bishops obeyed the summons of their indulgent
master; the ecclesiastics of every rank, and sect, and
denomination, have been computed at two thousand and forty-eight
persons; 127 the Greeks appeared in person; and the consent of
the Latins was expressed by the legates of the Roman pontiff.
The session, which lasted about two months, was frequently
honored by the presence of the emperor. Leaving his guards at the
door, he seated himself (with the permission of the council) on a
low stool in the midst of the hall. Constantine listened with
patience, and spoke with modesty: and while he influenced the
debates, he humbly professed that he was the minister, not the
judge, of the successors of the apostles, who had been
established as priests and as gods upon earth. 128 Such profound
reverence of an absolute monarch towards a feeble and unarmed
assembly of his own subjects, can only be compared to the respect
with which the senate had been treated by the Roman princes who
adopted the policy of Augustus. Within the space of fifty years,
a philosophic spectator of the vicissitudes of human affairs
might have contemplated Tacitus in the senate of Rome, and
Constantine in the council of Nice. The fathers of the Capitol
and those of the church had alike degenerated from the virtues of
their founders; but as the bishops were more deeply rooted in the
public opinion, they sustained their dignity with more decent
pride, and sometimes opposed with a manly spirit the wishes of
their sovereign. The progress of time and superstition erased
the memory of the weakness, the passion, the ignorance, which
disgraced these Ecclesiastical synods; and the Catholic world has
unanimously submitted 129 to the infallible decrees of the
general councils. 130
Footnote 125: The council of Nice, in the fourth, fifth, sixth,
and seventh canons, has made some fundamental regulations
concerning synods, metropolitan, and primates. The Nicene canons
have been variously tortured, abused, interpolated, or forged,
according to the interest of the clergy. The Suburbicarian
churches, assigned (by Rufinus) to the bishop of Rome, have been
made the subject of vehement controversy (See Sirmond, Opera,
tom. iv. p. 1-238.)
Footnote 126: We have only thirty-three or forty-seven episcopal
subscriptions: but Addo, a writer indeed of small account,
reckons six hundred bishops in the council of Arles. Tillemont,
Mem. Eccles. tom. vi. p. 422.
Footnote 127: See Tillemont, tom. vi. p. 915, and Beausobre,
Hist. du Mani cheisme, tom i p. 529. The name of bishop, which
is given by Eusychius to the 2048 ecclesiastics, (Annal. tom. i.
p. 440, vers. Pocock,) must be extended far beyond the limits of
an orthodox or even episcopal ordination.
Footnote 128: See Euseb. in Vit. Constantin. l. iii. c. 6-21.
Tillemont, Mem. Ecclesiastiques, tom. vi. p. 669-759.
Footnote 129: Sancimus igitur vicem legum obtinere, quae a
quatuor Sanctis Coueiliis . . . . expositae sunt act firmatae.
Praedictarum enim quat uor synodorum dogmata sicut sanctas
Scripturas et regulas sicut leges observamus. Justinian. Novell.
cxxxi. Beveridge (ad Pandect. proleg. p. 2) remarks, that the
emperors never made new laws in Ecclesiastical matters; and
Giannone observes, in a very different spirit, that they gave a
legal sanction to the canons of councils. Istoria Civile di
Napoli, tom. i. p. 136.
Footnote 130: See the article Concile in the Eucyclopedie, tom.
iii. p. 668-879, edition de Lucques. The author, M. de docteur
Bouchaud, has discussed, according to the principles of the
Gallican church, the principal questions which relate to the form
and constitution of general, national, and provincial councils.
The editors (see Preface, p. xvi.) have reason to be proud of
this article. Those who consult their immense compilation,
seldom depart so well satisfied.
End of Chapter XX.
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To cite original text:
Gibbon, Edward, 1737-1794. The history of the decline and fall of the Roman Empire. (NY : Knopf, 1993), v. 2, pp. 285 - 295 .