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perienced any severe seismic convulsion until July 10, is provided with a separate staff of police and gendarmery, each 1894. On that day there was a violent shock lasting district having its own police court, of which the Governor is the nearly twenty seconds. The damage wrought by it was

presiding magistrate. The municipal government of the four

metropolitan divisions is vested in the Prefect of Stamboul, who is chiefly in the quarters lying between the Mosque of Sultan

appointed by the Sultan. He is the President of a Council of Ahmed and the Adrianople Gate. All the damage has twenty-four members, who are appointed either by the Sultan, or been repaired, and the ruined part of the grand Bazaar has by the Minister of the Interior in cases where there is no Palace been rebuilt on a much better plan.

candidate. The Prefecture has charge of all that concerns the

streets, the markets, and the bazaars, including the street porters Trade. –The diminution of the trade of Constantinople caused

and the public weighers. It has also control over the public by the territorial changes prescribed by the Congress of Berlin

baths and the hospitals, of which latter there are three ; and is was heavily supplemented by that produced by the annexation of

charged with the collection of all city dues, including the Verghi Eastern Rumelia to Bulgaria in 1885, as that province drew all its

(Property Tax). The Prefecture is divided into ten cercles, or

wards, each of which has a president, vice-president, secretary, supplies of foreign merchandise from the capital from which a customs frontier now divides it. Of recent years, moreover,

engineer, and physician, all of whom are appointed by the Council

of the Prefecture. The Prefect mainly, owing to governmental interference with the passenger

immediately subordinate to the traffic between the capital and the Asiatic provinces, a large pro

Minister of the Interior. A military commandant, having under

his orders a detachment of the garrison of Stamboul, is appointed to portion of the provincial dealers now import for themselves by İsmid, Trebizond, Samsun, or Kerasund, instead of buying their

each of the four districts, the supreme military commander being supplies in Constantinople. About forty per cent. of the import

the Dersaadet Merkez Commandani-i.C., Commandant de la Place trade of Constantinople is British ; France, Germany, Austria,

—Commander of the Garrison of Constantinople. Belgium, and Italy share the balance, in proportions following

The outlying parts of the city are divided into six districts the order in which they are mentioned. Constantinople pro

(Cazas), namely, Princes' Islands, Guebzeh, Beicos, Kartal, Kutduces nothing, and consequently exports nothing but waste pro

chuk-Tchekmedjé, and Shilé—each of which has its Governor ducts, but it receives much merchandise in transit. Latterly,

(kaimakam), who is usually chosen by the Palace. These districts however, a large proportion of it has been diverted—like the

are dependencies of the Ministry of the Interior, and their muniimport trade, und for the same reasons—to the ports of the Black

cipal affairs are directed by agents of the Prefecture. Sea and to Ismid, which latter as a shipping-port is much

Population. The city population, according to official estimate, assisted in its competition with Constantinople by the Anatolian

numbers 880,000; the aggregate population of the six suburban Railway. The transit trade of Constantinople included, until

districts is officially estimated at 320,000; giving a grand total of quite recent years, yellow-berries, gall-nuts, madder-roots, and

1,200,000, which is the official estimate of the entire population other colouring matters; but these products have been superseded

of the city of Constantinople and its faubourgs. The Armenian by the aniline dyes. In connexion with this decrease of trade it

element of the population was appreciably reduced by the events is noteworthy that several joint-stock banks have liquidated.

of 1895–96 ; but no trustworthy figures in connexion with this

diminution are obtainable. Only the Imperial Ottoman Bank and a branch of the Crédit Lyonnais remain.

In the four central districts of the city the first-class thoroughAs far as can be ascertained, the average annual value of the

fares and a considerable proportion of those of the second and goods passing through the port was, at the opening of the

third order are now fairly well lighted with gas. twentieth century, about £T11,000,000 (a Turkish lira=188.). It

Water Supply.From the time of the conquest of Constantinis, however, impossible to obtain exact figures, and it should be

ople by the Turks up to the year 1882 one method of obtaining clearly understood that this is only an estimate, arrived at in

water for the city was followed to the exclusion of all others. directly from a study of the custom receipts. The total given is

This method was to trap the rain in the natural hollows of the made up as follows :>

forest of Belgrade (about 18 miles north-east of Constantinople),

together with the water of the rivulets which trickle through some Imports.

Exports.

of them. It was effected by throwing a dam across the lowest £T

£T end of each depression, thus stopping the outflow of water, and Manufactured goods

Cereals

1,000,000 forming a reservoir called Bend in Turkish. There are nine of cotton, woollen, silk,

Mohair

800,000

these “Bends.' The water from the “Bends ” is conveyed to its &c. 3,500,000 Carpets

700,000 destination in earthenware pipes set in cement, and laid underHaberdashery, iron

Silk and cocoons

500,000

ground except in places where depressions of the soil necessitate mongery

400,000

an aqueduct. In several cases where that occurs the remains Sugar 500,000 Gum tragacanth

150,000

of the ancient aqueducts are utilized. The pipes convey the water Petroleum 400,000 | Wool

100,000 to the public fountains, from which the poorer classes take it as Flour 400,000 Hides

100,000

they require, and it is distributed by the corporation of waterCoffee 300,000 Various

350,000

carriers (sakka) to those who can afford to pay the cost of delivery. Rice. 250,000

This was the only water system of Constantinople up to the year Cattle 100,000

1885. The radical defects of this system suggested to Kiamil Bey, Various 850,000

Grand Master of Ceremonies at the Court of the Sultan, in con

junction with a foreigner residing in Constantinople, to apply Total . . 7,000,000

Total . 4,100,000 for a concession to bring water from Lake Derkos, which is

about 28 miles west of the Black Sea mouth of the Bosphorus, The shipping visiting the port, counting all seagoing craft and about 3 miles from the Black Sea shore. The application (including liners) other than coasters, numbered 13,357 vessels was finally granted in 1881 to the associate of Kiamil Bey, who of 11,453,332 tons in 1893, 14,387 vessels of 12,501, 102 tons in had himself died in the meanwhile. A French company was 1896, and 10,777 vessels of 10,288,091 tons in 1900.

formed, with a capital of twenty million francs, to carry out the The minor industries in Constantinople, never very important, undertaking; the works were begun in 1882, and on 1st July are declining, and foreign industrial undertakings have had little 1885 the new water supply was inaugurated. Lake Derkos has a success.

total length of 8 miles, and a mean breadth of 2 miles. It is Education. In the department of Education the only important abundantly supplied by the river Karaman and its tributaries fact is that the Turkish School of Arts and Crafts has been rebuilt flowing down from the Strandja Dagh. The water, when taken and reorganized. Otherwise the educational record of the years from the lake, is first filtered, and then raised by a steam ele1885 to 1900 is limited to the opening of a few schools of the more vator (600 h.p.) to a height of 365 feet, where it enters the main elementary sort. There are thirty-two foreign schools, one only conduit, 29 miles long, and is thence distributed by the delivery. of which is British. Two new charitable institutions, founded by pipes, of which the total length at the present time is 165 miles. the Sultan and supported by the Civil List, claim notice, namely, The quality of the Derkos water is excellent, and the service is the Asylum for the Poor and the Hamidieh Hospital for Children. thoroughly well conducted. Until the year 1893 the Asiatic The Imperial Museum of Antiquities, opened in 1892, contains the suburbs had no water supply but such as individual families celebrated Greek Sarcophagi, twenty-one in number, discovered at obtained by cisterns, wells, &c. In 1888 a German firm obtained Saida, the ancient Sidon, in 1888.

a concession for establishing water-works at the Sweet Waters of Local Government. ---Constantinople contains four districts or Asia—a lake lying between the villages of Kandili and Anatoli"divisions” (Belad-i-Selessi), namely, Stamboul, Pera-Galata, Hissar, which is fed by mountain streams from the Kaish-Dagh Beshiktash, and Scutari, of which the Government is in the and Alem-Dagh. A company called the Compagnie des Eaux de hands of the Minister of Police, who is ex officio Governor of Scutari-Kadikeui was formed in 1890, with a share capital of Stamboul. The other three districts have each their Governor £144,000 and a debenture capital of £160,000. The works were (mutessarif), who is appointed by the Sultan, and is subordinate commenced in January 1891, and the supply service began in to the Minister of Police. All matters concerning public order October 1893. and security are controlled by these four Governors, each of whom AUTHORITIES.—P. DE TCHIHATCHEF. Bosphore et Constantin

ople. Paris, 1877.—GROSVENOR (Professor of European History question how the city was then defended from the last-named point at Amherst College). Constantinople. London, 1895.- VAN to the Golden Horn; some maintaining that the Theodosian Walls MILLINGEN, M. A. Byzantine Constantinople, with maps, plans, turned north-eastwards and reached the Golden Horn near Balat and illustrations. London, 1899.—COUFOPOULOS. A Guide to Kapoussi, others being of the opinion that the new walls joined Constantinople. London, 1899.

the old fortifications which protected the suburb of Blachernae.

(E. w*.) On the whole, the latter view seems the more probable. The seaArchology

ward walls required by this enlargement of the city were built in

439, during the administration of the Prefect Cyrus. Considerable attention has been devoted in recent years to the The wall of Anthemius was, however, terribly injured by a severe archæology of Constantinople, and although the study is seriously earthquake which shook the city in 447, while Theodosius II. was hampered by the impossibility of making excavations, a real still upon the throne. The disaster was the more serious because advance has been made in this department of knowledge. Juny Attila and his Huns were then carrying everything before them in mistakes have been corrected, important facts have been discovered, the Balkan Peninsula ; but the desperateness of the situation and problems remaining to be solved have been more clearly re roused the energies of the Roman Government to the highest pitch, cognized and more precisely stated than heretofore. The city of and in less than two months, if we may trust inscriptions to that Byzantium, out of which Constantinople sprang, and from which effect, the city was again fully armed, and even more secure than it inherited characteristic features, occupied, when it reached its before the catastrophe. The Praetorian Prefect Constantine, whom greatest extent, inost of the territory comprised by the two hills some authorities identify with the Prefect Cyrus named above, not nearest the apex of the promontory and by the level ground at only repaired the wall of Anthemius, but placed another wall in their base. The western wall of the city started from a point near front of it, and protected this double line of fortifications by a moat, the Stamboul Custom Hlouse and reached the ridge of the Second with a battlement along its inner margin. Each wall was flanked Hill, a short distance to the east of the column popularly named by ninety-six towers, while the terrace between the two walls, and Tchemberli Tash and the Burnt Column. There stood the prin the terrace between the outer wall and the moat, allowed room for cipal gateway of the city, opening upon the Egnatian Road. From the action of large bodies of troops, in addition to the troops upon that point the wall ran southwards for some distance towards the the walls themselves. Comparatively slight changes were made in Sea of Marmora, and then turned eastwards until it reached that the boundaries of the city after the reign of Theodosius II. The sea in the neighbourhood of the present Seraylio Lighthouse. lower portion of the suburb of Blachernae, namely, the plain to The Acropolis was situated on the summit of the First llill, the north of the Sixth Hill, was enclosed within fortifications in where the courts of the Old l'alace of the Sultans are found; 627, after the siege of the city by the Avars in the reign of and within the citadel stood, as was customary, the chief temples Heraclius; in 813 Leo the Armenian strengthened the wall of of the city—the Temples of Artemis, Aphrodite, Apollo, Zeus, Heraclius by constructing a wall and a moat in front of it, Poseidon, and Demeter. The harbours of the city were upon thus to withstand better an expected assault by the Bulgarians the Golden IIorn-one, the Portus Prosforianus, in the bay indent under Crum; lastly, in the reign of Manuel Comnenus the fine ing the shore in front of the station of the Chemins de Fer wall extending from the north-western corner of the court of TekOrientaux ; the other, the Veorium, in the bay before the Stamboul four Serai to the square tower below Egri Kapou was erected to Custom House. On the level tract behind the former was the defend more effectively the Palace of Blachernae, on the Sixth Hill, Strategion, the Champs de Mars of the city ; while another public which had become the favourite residence of the Byzantine emperors. square, known as the Tetrastoon, because surrounded by four Of course all these fortifications were frequently repaired (c.g., the porticos, is represented by the open space between S. Sophia and seawarı) walls by the Emperor Theophilus), and to them Constantinthe Hippodrome. There stood the Baths of Zeuxippus. Two oplo owed her long life and her ability to repel, for more than a theatres were built against the steep eastern side of the Acropolis thousand years, the assaults of barbarism upon the civilization of Hill, and a Stadium stood on the level ground at the foot Christendom. They present to the archæologist a splendid speciof the Acropolis beside the Golden Horn. A large portion of men of mediæval fortifications constructed under the strong inthe Hippodrome, so famous in the history of Constantinople, fluence of old Roman military traditions, and they allord endless was constructed by Septimius Severus for the benefit of the interest to the student of history on account of the events associated citizens of Byzantium, when he rebuilt the city in A.D. 196. The with them. graceful granite column which stands on the high ground near the The most noteworthy points in the circuit of the walls are : apex of the promontory is a monument erected by Byzantium in the Golden Gate, in the form of a triumphal arch with three honour of the victory of Claudius Gothicus over the Goths. It archways, erected (before the Theodosian Walls were built) in still bears most of the original inscription

honour of the victory of Theodosius the Great over the usurper REDECI FORTUNÆ OB DEVICTOS GOTHIOS.

Maximus ; the Gate of S. Romanus (Top Kapoussi), memorable as

the gate near which Constantine Drayases fell, and through which According to the measurements given by Zosimus and the Sultan Mahomet II. rode into the captured capital in 1453; the Notitia, it would appear that the walls of Constantinople, as built great breach in the valley of the Lycus, through which the Turks by the founder of the city in 328, ran across the promontory from the entered the city ; Tekfour Serai, long erroneously identified with neighbourhood of Daoud Pasha Kapoussi (Porta S. Aemiliani) on the the Palace of the Hebdomon, the finest specimen of Byzantine civil Sea of Marmora to Oun-Kapan Kapoussi (Porta Platæa) on the Golden architecture left in the city ; the two Towers commonly known Horn, near the Stamboul head of the inner bridge, traversing in respectively as the Towers of Anemas and Isaac Angelus, with the their course the seventh, fourth, and fifth hills of the promontory. chambers in the body of the wall to the north ; the wall of Leo By extending the old seaward walls of Byzantium to the extremities the Armenian, the point at which the army of the Fourth Crusade, of the new western fortifications, the capital was placed within which had its camp on the hill opposite, delivered the chief attack strong bulwarks. The only vestige of the western walls is found in 1203 ; the wall protecting the quarters of Phanar and Petri in the name Isa Kapoussi (Gate of Jesus), attached to a locality on Kapou, where the fleet and troops of the Fourth Crusade assaulted the heights above the quarter of Psamathia. An ancient city gate and carried the city in 1204, to found the Latin Empire of Conwhich stood there as late as 1508, when it was overthrown by an stantinoplo ; Yali Kiosk Kapoussi, the point to which the northern earthquake, marked a point in the Constantinian lineof fortifications, end of the chain drawn across the harbour in time of siege was exactly as Temple Bar indicated a point in the old walls of London attached ; the ruins of the Palace of Hormisdas, once the residence long after they had otherwise disappeared. Possibly a portion of Justinian the Great and Theodora, known in later times as the the seaward walls bounding the old harbour, which is now con Bucolcon, near Tchatlady Kapou ; the sites of the old harbours verted into the vegetable gardens of Vlanga Bostan, may date from between that gate and Daoud Pasha Kapoussi ; the fine Marble the time of Constantine. Two suburbs outside the walls were Tower near the junction of the Land Walls with the walls along considered as parts of the city—the suburb of Sycae (Galata), and the Sea of Marmora. the suburb of Blachernac, now the quarters of Aivan Serai and The interior arrangements of the city were largely determined Egri Kapou. The latter suburb stood within fortifications of its by the configuration of its site, which falls naturally into three

For municipal purposes the city was divided into fourteen divisions: the level ground and the slopes towards the Sea of Regions, on the model of Rome. But ere a century had passed, Marmora, the range of hills running through the midland portion the growth of the new metropolis on the one hand, and military of the promontory, the slopes and level ground towards the Golden considerations in view of the threatening attitude of the Barbarians Horn. "In cach of these divisions a great street ran from one end on the other, demanded the enlargement of the city's bounds and of the city to the other, generally lined with arcades on one side, the crection of stronger defences. Accordingly, in 4133, in the but sometimes, when passing through the busier and the finer parts reign of Theodosius II., under the direction of Anthemius, Irac of the city, on both sides. The street on the ridge of the hills torian Prefect of the East and Regent during the emperor's minority, formed the principal thoroughfare, and owing to its central position the land ward fortifications were carried farther west, to the line was known as the Mesé. It connected the principal Fora of the of the inner wall in the crumbling but picturesque ramparts which city: the Augustaion (to the south of S. Sophia); the Forum of extend from the Sea of Marmora, a short distance south of the Constantine (on the summit of the Second Hill); the Forum of Seven Towers (Yedi Koulé), to the old Byzantine Palace (Tek four Theodosius the Great, or of Taurus (on the summit of the Third Serai), above the quarter of Egri Kapou. Authorities differ ou the Hill, beside the present War Office) : the Forum of the Amastrianon

OW.

(near the Mosque Shah Zadé); the Forum of the Bous (at Ak Serai); Byzantinischen Wasserbehälter von Konstantinopel), and of Choisy the Forum of Arcadius, or of Theodosius II. (on the summit of the (L'Art de Bâtir chez les Byzantins) testify. The Aqueduct of Seventh Hill, at Avret Bazaar). A branch of the Mesé led to the Valens spans the valley between the Fourth Hill and the Third Church of the Holy Apostles, on the summit of the Fourth Hill, Hill of the city, and still carries on its beneficent work. The and to the Gate of Adrianople (Gate of Charisius) in the city walls. Cistern of Bin-Bir-Derek (Cistern of Illus) and the Cistern of

Of the edifices and monuments which adorned the Fora just Yeri-Batan-Serai (Cisterna Basilica) are noteworthy. Much of the mentioned, it must here suffice to say that the Augustaion (so water introduced into the city was used in the public baths and named in honour of Augusta Helena, the mother of Constantine fountains, which formed as characteristic a feature of Byzantine the Great) was the heart of the city's political and ecclesiastical Constantinople as similar erections do of Stamboul. life. The great cathedral of Eastern Christendom rose on the Byzantine Constantinople was a great emporium of trade, and a north side of the square ; the splendid gateway of the Chalcé, striking evidence of its commercial activity is seen in the number leading to the Imperial Palace, the Baths of Zeuxippus, with the of harbours with which the city was provided. In addition to the Hippodrome behind them, stood on the south ; the Senate House Golden Horn and its bays, several artificial harbours, traces of was on the east; while to the west, at a short distance off the which remain, were constructed on the shore of the city beside the Mesé, which issued from the square, were the Law Courts. In the Sea of Marmora. First (beginning from the east) came the Harbour area of the square stood the Milion, whence distances from Con of the Bucoleon, attached to the palace of that name, for the service stantinople were measured ; the equestrian statue of Justinian the of the Imperial Court. Then, at a short distance to the west of Great, on a lofty column; the statue of the Empress Eudoxia, Tchatladý Kapou, came the Harbour of the Emperor Julian (Kadfamous in the history of Chrysostom, and the inscribed pedestal riga Limani), or of Sophia, as it was called after its reconstruction of which remains. With the Forum of Constantine the Great the by the empress of Justin II. ; the Harbour of Condoscalion (Koum commercial activity of the city was closely associated, the most Kapou) followed ; next came (a little to the east of Yeni Kapou) remarkable monument in the forum being the porphyry column the Harbour of Kaisarius, or the Heptascalon ; then, the Harbour which still stands there, and which carried aloft the statue of that of Theodosius I., or of Eleutherius (Vlanga Bostan); and lastly, emperor. In the Forum of Theodosius I. rose a column in his the Harbour of the Golden Gate, on the shore south of that honour, constructed on the model of the hollow column of Trajan entrance. at Rome; there also stood the Anemodoulion, a beautiful structure Besides the works mentioned above, the following will assist the surmounted by a vane to indicate the direction of the wind; and student of the archæology of the city :-PETRUS GYLLIUS. De close to the Forum, if not within its precints, was the Capitol, in Topographia Constantinopoleos et de illius Antiquitatibus. Du which the University of Constantinople was established. The most

CAXGE.

Constantinopolis Christiana. — PASPATES. Βυζαντιναι conspicuous object in the Forum of the Bous was an ancient bronze Melétal. -SALZENBERG. Altchristliche Baudenkmale von K’onfigure of an ox, which gave name to the Forum, and beside which stantinopel-LETIIABY and SWAINSON. The Church of Sancta criminals were sometimes burned to death. Another hollow column, Sophia.—Pulguer. Les Anciennes Églises Byzantines de Constantthe pedestal of which still remains, rose in the Forum of Arcadius inople.—LABARTE. Le Palais Impérial de Constantinople et ses in honour of that emperor. The city possessed also a column in Abords.-MORDTMANN. Esquisse Topographique de Constantinople. honour of the Emperor Marcian, which still stands in the valley of

(A. VAN M.) the Lycus, below the Mosque of Sultan Mahomet II. In the decoration of the Fora and streets of the city there was a strange Contract.—The purpose of this article is not to mingling of works belonging to good periods of Greek and Roman Art, with works made when Art had fallen on evil days.

give technical details and authorities for professional use, An immense number of churches, enriched by the reputed relics

but to exhibit the characteristic features of English law of saints, prophets, and martyrs, made Constantinople a holy city, in connexion with their historical and rational grounds. attracting to its shrines devout pilgrims from every part of the Enforcement of good faith in matters of bargain and empire. Only some twenty of these sanctuaries survive, and most of them are now used as mosques for Moslem worship, 'exhibiting promise is among the most important functions of legal few traces of the beauty created by the combination of dome and justice in modern civilized countries. It might not be arch, of marble revetment and mosaics. But S. Sophia still im too much to say that, next after keeping the peace and presses the mind as one of the grandest buildings ever reared by securing property against violence and fraud so that human hands, while the Churches of S. Irene, SS. Sergius and Bacchus (Kutchuk Aya Sofia), S. Mary Diaconissa (Kalender

business may be possible, it is the most important. Yet Djamissi), s. Saviour of the Chora (Kahriyeh Djamissi), and S.

we shall find that the importance of contract is developed Saviour Pantocrator (Klissé Djamissi) are interesting monuments comparatively late in the history of law. The commonof Byzantine art. The Church of the Holy Apostles, to which the wealth needs elaborate rules about contracts only when Imperial Cemetery was attached, on the summit of the Fourth Hill, has been replaced by the Mosque of Sultan Mahomet II., the

it is advanced enough in civilization and trade to have an conqueror of the city.

elaborate system of credit. The Roman law of the empire of the imperial palaces in and around the city we can mention dealt with contract, indeed, in a fairly adequate manner, only the Great Palace, a group of detached edifices scattered over though it never had a complete or uniform theory; and the ground descending to the Sea of Marmora from the Hippodrome and the eastern side of the Augustaion ; the Palace of Hormisdas,

the Roman law, as settled by Justinian, appears to have or of the Bucoleon, near Tchatlady Kapou ; the Palace of the

satisfied the Eastern empire long after the Western nations Porphyrogenitus, Tekfour Serai ; the Palace of Blachernae, in had begun to recast their institutions, and the traders of the quarters of Egri Kapou and Aivas Effendi ; the suburban the Mediterranean had struck out a cosmopolitan body of Palace of Pegé, at Balukli ; the Palace of the Hebdomon, at

rules, known as the Law Merchant, which claimed acceptMakrikeui. The last has generally been identified with Tekfour Serai, but the fact that the suburb and palace at the Hebdomon

ance in the name neither of Justinian nor of the Church, stood at Makrikeui, beside the Sea of Marmora, at the seventh

but of universal reason. It was amply proved afterwards milestone from the Milion, is one of the surest results of recent that the foundations of the Roman system were strong archæological investigations. The fortress of the Cyclobion was in the same vicinity.

enough to carry the fabric of modern legislation. But The Hippodrome, which entered so much into the life of the

the collapse of the Roman power in western Christendom city, is represented by the large open space to the west of the threw society back into chaos, and reduced men's ideas Mosque of Sultan Achmet. An Egyptian obelisk on a pedestal of ordered justice and law to a condition compared with covered with sculptured work portraying Theodosius I., sometimes which the earliest Roman law known to us is mod accompanied by his empress and his sons, presiding at scenes in the Hippodrome; the Serpent Columu, which stood originally at

In this condition of legal ideas, which it would be Delphi, in commemoration of the battle of Plataea ; and a lofty absurd to call jurisprudence, the general duty of keeping pile of masonry in the form of an obelisk, once covered with gilded faith is not recognized except as a matter of religious or plates of bronze, indicate the line of the Spina ; while under the social observance. Those who desire to be assured of prison and offices along the western side of the area arches are visible, against which seats for the spectators were built.

anything that lies in promise must exact an oath, or a Water was brought to the city from the country to the west and

pledge, or personal sureties; and even then the court of north-west by aqueducts, sometimes above and sometimes under their people—in England the Hundred Court in the first ground, and was stored within the city in large open reservoirs instance—will do nothing for them in the first case, and (now changed into vegetable gardens) and in cisterns covered with vaulted roofs supported on columns. They are important speci.

not much in the two latter. It is more a question of mens of Byzantine architecture, as the works of Andréossy (Con

acquiring a good title to help one's self than of becoming stantinople et le Bosphore), of Forchheimer and Strzygowski (Die entitled to active assistance from any person in authority.

S. III. — 28

Modes of

66

Probably the settlement of a blood-feud, with provisions the oaths of an adequate number of friends and neighfor the payment of the fine by instalments, was the nearest bours—through the earlier form of jury trial, in which the approach to a continuing contract, as we now understand jury were supposed to know the truth of their the term, which the experience of Germanic antiquity own knowledge, to the modern establishment

proof. could furnish. It is also probable that the performance of facts by testimony brought before a jury who of such undertakings, as it concerned the general peace, are bound to give their verdict according to the evidence. was at an early time regarded as material to the common But there was one mode of proof which, after the Norman weal; and that these covenants of peace, rather than the Conquest, made a material addition to the substantive law. rudimentary selling and bartering of their day, first caused This was the proof by writing, which means writing our Germanic ancestors to realize the importance of put authenticated by seal. Proof by writing was admitted ting some promises at any rate under public sanction. under Roman influence, but, once admitted, it acquired We have not now to attempt any reconstruction of archaic the character of being conclusive which belonged to all judgment and justice, or the lack of either, at any period proof in early Germanic procedure. Oath, ordeal, and of the darkness and twilight which precede the history of battle were all final in their results.

When the process the Middle Ages. But the history of the law, and even was started there was no room for discussion. So the the present form of much law still common to almost all sealed writing was final too, and a man could not deny the English-speaking world, can be understood only when his own deed. We still say that he cannot, but with we bear in mind that our forefathers did not start from modern refinements. Thus the deed, being allowed as a any general conception of the State's duty to enforce solemn and probative document, furnished a means by private agreements, but, on the contrary, the State's powers which a man could bind himself, or rather effectually and functions in this regard were extended gradually, declare himself bound, to anything not positively forbidden unsystematically, and by shifts and devices of ingenious by law. Whoever could afford parchment and the services suitors and counsel, aided by judges, rather than by any of a clerk might have the benefit of a “formal contract” direct provisions of princes and rulers. Money debts, it in the Roman sense of the term. At this day the form is true, were recoverable from an early time. But this of deed called a bond or “obligation” is, as it stands was not because the debtor had promised to repay the settled after various experiments, extremely artificial; but loan ; it was because the money was deemed still to it is essentially a solemn admission of liability, though its belong to the creditor, as if the identical coins were conclusive stringency has been relaxed by modern legismerely in the debtor's custody. The creditor sued to lation and practice in the interest of substantial justice. recover money, for centuries after the Norman Conquest, By this means the performance of all sorts of undertakings, in exactly the same form which he would have used to pecuniary and otherwise, could be and was legally secured. demand possession of land; the action of debt closely Bonds were well known in the 13th century, and from resembled the real actions,” and, like them, might be the 14th century onwards were freely used for commercial finally determined by a judicial combat; and down to and other purposes; as for certain limited purposes they Blackstone's time the creditor was said to have a property still are. The “covenant” of modern draftsmen is a in the debt-property which the debtor had “granted” direct promise made by deed; it occurs mainly as incident. him. Giving credit, in this way of thinking, is not to conveyances of land. The mediæval“ covenant,” conreliance on the right to call hereafter for an act, the ventio, was, when we first hear of it, practically equivalent payment of so much current money or its equivalent, to to a lease, and never became a common instrument of be performed by the debtor, but merely suspension of miscellaneous contracting, though the old books recognize the immediate right to possess one's own particular the possibility of turning it to various uses of which there money, as the owner of a house let for a term suspends are examples ; nor had it any sensible influence on the his right to occupy it. This was no road to the modern later development of the law.

later development of the law. On the whole, in the old doctrine of contract, and the passage had to be made common law one could do great deal by deed, but very another way.

little without deed. The minor bargains of daily life, so In fact the old action of debt covered part of the far as they involved mutual credit, were left to the jurisground of contract only by accident. It was really an diction of inferior courts, of the Law Merchant, and—

action to recover any property that was not last, not least—of the Church.
land; for the remedy of a dispossessed owner Popular custom, in all European countries, recognized

of chattels, afterwards known as Detinue, was simpler ways of pledging faith than parchment and seal. only a slightly varying form of it. If the property claimed

If the property claimed | A handshake was enough to bind a bargain. Whatever was a certain sum of money, it might be due because the secular law might say, the Church said it was an open sin defendant had received money on loan, or because he had to break plighted faith ; a matter, therefore, for spiritual received goods of which the agreed price remained unpaid ; correction, in other words, for compulsion exercised on the or, in later times at any rate, because he had become liable defaulter by the bishop's or the archdeacon's court, armed in some way by judgment, statute, or other authority of with the power of excommunication. In this way the ecclesilaw, to pay a fine or fixed penalty to the plaintiff

. Here astical courts acquired much business which was, in fact, as the person recovering might be as considerable as the lord secular as that of a modern county court, with the incident of a manor, or as mean as a common informer”; the profits. Mediæval courts lived by the suitors' fees. What principle was the same. In every case outside this last

were the king's judges to do? However high they put class, that is to say, whenever there was a debt in the their claims in the course of the rivalry between Church popular sense of the word, it had to be shown that the and Crown, they could not effectually prohibit the bishop) or defendant had actually received the money or goods; this his official from dealing with matters for which the king's value received came to be called quid pro quo—a term court provided no remedy. Continental jurists had seen unknown, to all appearance, out of England. Neverthe- their way, starting from the Roman system as it was left less the foundation of the plaintiff's right was not bargain by Justinian, to reduce its formalities to a vanishing or promise, but the unjust detention by the defendant of quantity, and expand their jurisdiction to the full breadth the plaintiff's money or goods.

of current usage. English judges could not do this in We are not concerned here to trace the change from the the 15th century, if they could ever have done so. Nor ancient method of proof-oath backed by “good suit,” i.e., I would simplification of the requisites of a deed, such as

Action for debt.

sense,

has now been introduced in many jurisdictions, have been | he had not committed himself to anything on the strength of much use at a time when only a minority even of well- of the defendant's promise, he had suffered no damage and to-do laymen could write with any facility.

had no cause of action. Disappointment of expectations There was no principle and no form of action in English is unpleasant, but it is not of itself damnum in a legal law which recognized any general duty of keeping promises.

To sum up the effect of this in modern language, But could not breach of faith by which a party had suffered the plaintiff must have given value of some kind, more or be treated as some kind of legal wrong? There was a less, for the defendant's undertaking. This something known action of trespass and a known action of deceit, given by the promisee and accepted by the promisor this last of a special kind, mostly for what would now be return for his undertaking is what we now call the concalled abuse of the process of the court; but in the later sideration for the promise. In cases where debt would Middle Ages it was an admitted remedy for giving a false also lie, it coincides with the old requirement of value warranty on a sale of goods. Also there was room for received (quid pro quo) as a condition of the action of actions on the case," on facts analogous to those covered debt being available. But the conception is far wider, by the old writs, though not precisely within their terms. for the consideration for a promise need not be anything If the king's judges were to capture this important branch capable of delivery or possession. It may be money or of business from the clerical hands which threatened to goods; but it may also be an act or series of acts ; further engross it, the only way was to devise some new form of (and this is of the first importance for our modern law), it action on the case. There were signs, moreover, that the may itself be a promise to pay money or deliver goods, or Court of Chancery would not neglect so promising a field to do work, or otherwise to act or not to act in some if the Common Law judges left it open.

specified way. Again, it need not be anything which is The mere fact of unfulfilled promise was not enough, in obviously for the promisor's benefit. His acceptance shows the eyes of mediæval English lawyers, to give a handle to that he set some value on it; but in truth the promisee's

the law. But injury caused by reliance on burden, and not the promisor's benefit, is material. The Assumpsit.

another man's undertaking was different. The last refinement of holding that, when mutual promises are special undertaking or "assumption " creates a duty which exchanged between parties, each promise is a consideration is broken by fraudulent or incompetent miscarriage in the for the other and makes it binding, was conclusively performance. I profess to be a skilled farrier, and lame accepted only in the 17th century. The result was that your horse. It is no trespass, because you trusted the promises of mere bounty could no more be enforced horse to me; but it is something like a trespass, and very than before, but any kind of lawful bargain could ; and like a deceit. I profess to be a competent builder; you there is no reason to doubt that this was in substance employ me to build a house, and I scamp the work so that what most men wanted. Ancient popular usage and the house is not fit to live in. An action on the case was feeling show little more encouragement than ancient law allowed without much difficulty for such defaults. The itself to merely gratuitous alienation or obligations. Also next step, and a long one, was to provide for total failure (subject, till quite modern times, to the general rule of to perform. The builder, instead of doing bad work, does common-law procedure that parties could not be their nothing at all within the time agreed upon for completing own witnesses, and subject to various modern statutory the house. Can it be said that he has done a wrong? At requirements in various classes of cases) no particular kind first the judges felt bound to hold that this was going of proof was necessary. The necessity of consideration too far; but suitors anxious to have the benefit of the for the validity of simple contracts was unfortunately conking's justice persevered, and in the course of the 15th fused by commentators, almost from the beginning of its century the new form of action, called assumpsit from history, with the perfectly different rules of the Roman the statement of the defendant's undertaking on which it law about nudum pactum, which very few English lawyers was founded, was allowed as a remedy for non-performance took the pains to understand. Hasty comparison of misas well as for faulty performance. Being an action for understood Roman or canon law is answerable for a damages, and not for a certain amount, it escaped the large proportion of the worst faults in our old-fashioned strict rules of proof which applied to the old action of text-books. Doubtless many canonists, probably some debt; being in form for a kind of trespass, and thus a common lawyers, and possibly some of the judges of the privileged appeal to the king to do right for a breach of Renaissance time, supposed that ex nudo pacto non oritur his peace, it escaped likewise the risk of the defendant actio was in some way a proposition of universal reason; clearing himself by oath according to the ancient popular but it is a long way from this to concluding that the procedure. Hence, as time went on, suitors were em Roman law had any substantial influence on the English. boldened to use “assumpsit” as an alternative for debt, The doctrine of consideration is in fact peculiar to those though it had been introduced only for cases where there jurisdictions where the common law of England is in force, was no other remedy. By the end of the 16th century or is the foundation of the received law. Substantially they got their way; and it became a settled doctrine that similar results are obtained in other modern systems by the existence of a debt was enough for the court to pre professing to enforce all deliberate promises, but imposing sume an undertaking to pay it. The new form of action stricter conditions of proof where the promise is gratuitous. was made to cover the whole ground of informal contracts, As obligations embodied in the solemn form of a deed and, by extremely ingenious devices of pleading, developed were thereby made enforceable before the doctrine of from the presumption or fiction that a man had promised consideration was known, so they still remain. to pay what he ought, it was extended in time to a great When a man has by deed declared himself bound, variety of cases where there was in fact no contract at all. there is no need to look for any bargain, or even to ask

The new system gave no new force to gratuitous whether the other party has assented. This rugued fragpromises. For it was assumed, as the foundation of the ment of ancient law remains embedded in our elaborate jurisdiction, that the plaintiff had been induced modern structure.

modern structure. Nevertheless gratuitous promises, even Consideration.

There by the defendant's undertaking, and with the by deed, get only their strict and bare rights.

defendant's consent, to alter his position for the may be an action upon them, but the powerful remedy of worse in some way. He had paid or bound himself to pay specific performance—often the only one worth havingmoney, he had parted with goods, he had spent time in is denied them. For this is derived from the extraordinary labour, or he had foregone some profit or legal right. If jurisdiction of the Chancellor, and the equity administered

Deeds.

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