No More Learning

H. N. xxxvi. 7. Pighius, with L. Turius who is mentioned in Ci-
8. 12. ) After this we hear nothing further of Bal- cero's Brutus (c. 67). The annexed coin of L.
bus. He may have been the Cornelius Balbus Thorius Balbus contains on the obverse the head
whom L. Valerius made his heir, although he bad of Juno Sospita, whose worship was of great anti-


## p. 458 (#478) ############################################

458
BALBUS.
BALDUINUS.
COCOUSCOOTEXCOCO
CRIVS
w
coocea
quity at Lanuvium, with the letters I. S. M. R. remark, that in the time of Cicero n judex in a pri-
(that is, Junonis Sospitae maimae reginae); and on vate cause was appointed for the occasion merely,
the reverse L. Tuorivs Baabys, with a bull rush and that his functions rather resembled those of a
ing forward. Eckhel (v. p. 324, &c. ) thinks that modern English juryman than those of a judge. It
the bull has an allusion to the name of Thorius, was his duty to try a given question, and according
which the Romans might regard as the same as to his finding on that question, to pronounce the
the Greek Soúplos, impetuous.
sentence of condemnation or acquittal contained in
the formula directed to him by the praetor. It was
not his duty but the practor's to determine whether
the question was material, and whether the sen-
tence was made to depend upon it in a manner
consistent with justice. In the ordinary form of
Roman action for the recovery of a thing, as in the
CITRO
English action of detinuc, the judgment for the
SALBVS. plaintiff was not directly that the thing should be
restored, but the defendant was condemned, unless
it were restored, to pay damages. The remainder
of the chapter has been equally misinterpreted and
2. Sr. Thorius Balbus, tribune of the plebs corrupted. " It accuses Verres of so shaping the
about B. c. 111, was a popular speaker, and intro- formula of trial, that the judex was obliged to treat
duced in his tribuneship an agrarian law, of which a Roman as a Sicilian, or a Sicilian as a Roman.
considerable fragments have been discovered on The death of Octavius Balbus is related by Va-
bronze tablets, and of which an account is given in lerius Maximus (v. 7. $ 3) as a memorable example
the Dict. of Ant. s. v. Tloria Lex. (Cic. Brut. 36, of paternal affection. Proscribed by the triumvirs
de Orat. ii. 70; Appian, B. C. i. 27. )
Augustus, Antony, and Lepidus, v. C. 42, he had
BAʼLBUS, JU'NIUS, a consular, husband of already made his escape from his house, when a
Metia Faustina, the daughter of the elder Gordian. false report reached his ears that the soldiers were
(Capitolin. c. 4. ) According to some historians, massacring his son. Thereupon he returned to his
the third Gordian, who succeeded Balbinus and house, and was consoled, by witnessing his son's
Pupienus Maximus, was the issue of this marriage, safety, for the violent death to which he thus of-
while others maintain that he was the son of Gor- fered himself.
dian the second. [GORDIANUS. ] [W. R. ] The praenomen of Balbus is doubtful. In Cic.
BALBUS, L. LUCILIUS, a Roman jurist, one pro Cluent. 38 most of the MSS. have P. ; in Cic. in
of the pupils of Q. Mucius Scaevola, and one of the Verr. ii. 12 the common reading is L. (J. T. G. ]
legal instructors of the eminent lawyer and distin- BALDUI'NUS I. (Baddovivos), BALDWIN,
guished friend of Cicero, Servius Sulpicius Rufus. the first Latin emperor of Constantinople, was the
He was probably the father of Lucilius, the com- son of Baldwin, count of Hainaut, and Marguerite,
panion of Appius Pulcher in Cilicia (Cic. ad Fam. countess of Flanders. He was born at Valenciennes
iii. 4), and the brother of Q. Lucilius Balbus, the in 1171, and after the death of his parents inherit-
Stoic philosopher. [Balbus, No. VIII. ] Cicero (de ed both the counties of Hainaut and Flanders.
Orat. iii. 21) speaks of the duo Balbi as Stoics. By He was one of the most powerful among those
Heineccius (Hist. Jur. Rom. $ 149) and others the warlike barons who took the cross in 1200, and
jurist Lucius has been confounded with Quintus arrived at Venice in 1202, whence they intended
the Stoic philosopher. The jurist was occasionally to sail to the Holy Land. They changed their
quoted in the works of Sulpicius ; and, in the time plan at the supplication of prince Alexis Angelus,
of Pomponius, his writings did not exist in a sepa- the son of the emperor Isaac II. Angelus, who
rate form, or, at least, were in the hands of few. was gone to Venice for the purpose of persuading
(Dig. i. tit. 2. s. 42. ) He was a man of much the crusaders to attack Constantinople and release
learning. In giving advice and pleading causes Isaac, who had been deposed, blinded, and im-
his manner was slow and deliberate. (Cic. Brut. prisoned by his brother Alexis Angelus, who
42, pro Quint. 16, 17. )
[J. T. G. ] reigned as Alexis III. from the year 1195. The
BALBUS, L. (qu. P. ) OCTA'VIUS, a Roman, crusaders listened to the promises of young Alexis,
contemporary with Cicero. He was remarkable who was chiefly supported by Baldwin of Flanders,
for his skill in law, and for his attention to the as he is generally called ; and they left Venice
duties of justice, morality, and religion. (Cic. pro with a powerful fleet, commanded by the doge of
Cluent. 38. ) For these reasons he bore a high Venice, Dandolo, who was also commander-in-chief
character as a judex public as well as private of the whole expedition. The various incidents
trials. There is a passage in Cicero (in Ver. ii. 12) and the final result of this bold undertaking are
in relation to L. Octavius Balbus, which has been given under Alexis III. , IV. , and V. The
misinterpreted and corrupted by commentators and usurper Alexis III. was driven out by the cru-
critics ignorant of the Roman forms of pleading. saders ; prince Alexis and his father Isaac suc-
Cicero accuses Verres of having directed an issue ceeded him on the throne ; both perished by the
of fact in such an improper form, that even L. Oc- usurper Alexis V. Ducas Murzuphlus; and Mur-
tavius, if he had been appointed to try it, would zuphlus in his turn was driven out and put to
have been obliged to adjudge the defendant in the death by the crusaders in 1204. During this
cause either to give up an estate of his own to the remarkable war Baldwin distinguished himself by
plaintiff, or to pay pecuniary damages. The per- his military skill as well as by his personal charac-
fect acquaintance with Roman law, and the know- ter, and the crusaders having resolved to choose
ledge of his duty which Balbus possessed, would one of their own body emperor of the East, their
have compelled him to pass an unjust sentence. choice fell upon Baldwin.
To understand the compliment, it is necessary to Baldwin was accordingly crowned emperor a:



## p. 459 (#479) ############################################

BALDUINUS.
459
BALSAMO.
a po-
<a
I: m
the
ci
br lo
d to be
ង
zbas et
La Coc
1. IG
Only
36
Tuentie,
Constantinople, on the 9th of May, 1204. But he | the unhappy emperor a large sum of money and
received only a very small part of the empire, namely other assistance, in return for which Baldwin per-
Constantinople and the greater part of Thrace ; the mitted the king to keep several most holy relics.
Venetians obtained a much greater part, consisting With the assistance of the Latins, Baldwin ob-
chiefly of the islands and some parts of Epeirus ; tained some advantages over Vatatzes, and in 1243
Boniface, marquis of Monteferrato, received Thes- concluded an alliance with the Turks Seljuks; but
salonich, that is Macedonia, as a kingdom ; and notwithstanding this, he was again compelled to
the rest of the empire, in Asia as well as in Europe, seek assistance among the western princes. He
was divided among the French, Flemish, and was present at the council of Lyon in 1245, and
Venetian chiefs of the expedition. The speedy returned to Grecce after obtaining some feeble
ruin of the new Latin empire in the East was not assistance, which was of no avail against the forces
doubtful under such divisions; it was hastened by of Michael Palaeolognis, who had made himself
the successful enterprises of Alexis Comnenus at master of the Nicaean empire. On the night of the
Trebizond, of Theodore Lascaris at Nicaea, and by 15th of July, 1261, Constantinople was taken by
the partial revolts of the Greek subjects of the con- surprise by Alexis Caesar Strategopulus, one of the
querors. Calo-loannes, king of Bulgaria, sup- generals of Michael Palaeologus. Baldwin fled to
ported the revolters, who succeeded in making Italy. In 1270 he nearly persuaded Charles, king
themselves masters of Adrianople. Baldwin laid of Naples, to fit out a new expedition against
siege to this town; but he was attacked by Calo Michael Palaeologus, and Louis IX. of France
Ioannes, entirely defeated on the 14th of April, promised to second him in the undertaking ; but
1205, and taken prisoner. He died in captivity the death of Louis in Tunis deterred the Latin
about a year afterwards. Many fables have been princes from any new expedition against the East.
invented with regard to the nature of his death : Baldwin II. died in 1275, leaving a son, Philip of
Nicetas (Urbs Capta, 16) says, that Calo-loannes Courtenay, by his wife Maria, the daughter of
ordered the limbs of his imperial prisoner to be cut John of Brienne. The Latin empire in the East
off, and the mutilated body to be thrown into a had lasted fifty-seven years. (Acropolita, 14, 27,
field, where it remained three days before life left 37, 78, 85, &c. ; Pachymeres, Michael Palaeologus,
it. But from the accounts of the Latin writers, iii. 31, &c. , iv. 29 ; Nicephorus Gregor. iv. 4, &c. ,
whose statements have been carefully examined viii. 2, &c. )
[W. P. )
by Gibbon and other eminent modern historians, BALEA’RICUS, an agnomen of Q. Caecilius
we must conclude, that although Baldwin died in Metellus, consul B. c. 123. [METELLUS. )
captivity, he was neither tortured nor put to death BALISTA, one of the thirty tyrants of Trebel-
by his victor. The successor of Baldwin I. was his lius Pollio. [AUREOLUS. ] He was prefect of the
brother Henry I. (Nicetas, Alexis Isaacius An- praetorians under Valerian, whom he accompanied
yelus Fr. iii. 9, Alexis Ducas Murzuphlus, i. 1, to the East. After the defeat and capture of that
Urbs Capta, 1-17; Acropolita, 8, 12; Nice emperor, when the Persians had penetrated into
phorus Gregor. ii. 3, &c. ; Villebardouin, De la Cilicia, a body of Roman troops rallied and placed
Conqueste de Constantinoble, ed. Paulin Paris, themselves under the command of Balista. Led
Paris, 1838. ).
[W. P. ] by him, they raised the siege of Pompeiopolis, cut
BALDUÍ'NUS II. (Baldovivos), the last Latin off numbers of the enemy who were straggling in
emperor of the east, was descended from the noble disorderly confidence over the face of the country,
family of Courtenay, and was the son of Peter I. of and retook a vast quantity of plunder. His career
Courtenay, emperor of Constantinople, and the after the destruction of Macrianus, whom he had
empress Yolanda, countess of Flanders. He was urged to rebel against Gallienus, is very obscure.
born in 1217, and succeeded his brother, Robert, According to one account, he retired to an estate
in 1228, but, on account of his youth, was put near Daphne ; according to another, he assumed
under the guardianship of John of Brienne, count the purple, and maintained a precarious dominion
De la Marche and king of Jerusalem. The empire over a portion of Syria and the adjacent provinces
was in a dangerous position, being attacked in the for three years. This assertion is however based
south by Vatatzes, the Greek emperor of Nicaea, on no good foundation, resting as it does on the
and in the north by Asan, king of Bulgaria, who in authority of certain medals now universally recog-
1234 concluded an alliance with Vatatzes and laid nised as spurious, and on the hesitating testimony
siege to Constantinople by sea and land. Until of Trebellius Pollio, who acknowledges that, even
then the regent had done very little for his ward at the time when he wrote, the statements regard-
and the realm, but when the enemy appeared under ing this matter were doubtful and contradictory.
the walls of the capital the danger roused him to Neither the time nor manner of Balista's death
energy, and he compelled the besiegers to withdraw can be ascertained with certainty, but it is believed
after having sustained severe losses. John of to have happened about 264, and to have been
Brienne died soon afterwards. In 1337 Vatatzes contrived by Odenathus. (Trebell. Pollio, Trig.
and Asan once more laid siege to Constantinople, Tyrann. xvii. , Gallien. 2, &c. ; see MACRIANUS,
which was defended by Geoffroy de Villehardouin, ODENATHUS, Quietus. )
[W. R. ]
prince of Achaia, while the emperor made a men- BALLO'NYMUS. [ABDOLONIMUS. )
dicant visit to Europe. Begging for assistance, he BA'LSAMO, THEODOʻRUS, a celebrated
appeared successively at the courts of France, Greek canonist, born at Constantinople, where,
England, and Italy, and was exposed to humilia under Manuel Comnenus, he filled the offices of
tions of every description ; he left his son Philip Magnae Ecclesiae (S. Sophiae) Diaconus, Noma
l
at Venice as a security for a debt. At last he phylax, and Charlophylux. Under Isaac Angelus
succeeded in gaining the friendship of Louis IX. , he was elevated to the dignity of patriarch of An-
king of France, of the emperor Frederic II. , and tioch, about 1185; but, on account of the invasion
of Pope Gregory IX. , among whom Louis IX. was of the Latins, he was never able to ascend the pa-
the most useful to him. The French king gave triarchal throne, and all the business of the patri-
una
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## p. 460 (#480) ############################################

460
BALSAMO.
BARBATA.
archate was conducted at Constantinople. He died I though a small portion of it had been previously
about 1204. Of the works of this author there is printed under the name of Balsam). (Hugo, Ron.
no complete edition : they are scattered among va- R. R. 14. )
rious collections. Under the auspices of the em- The Glossa ordinaria of the Basilica, which was
peror Manuel Comnenus and of Michael Anchialus, formed in the 12th century from more ancient scho
the patriarch of Constantinople, he composed com- lia, is, without sufficient reason, attributed to Bal-
mentaries or scholia upon the Syntagma and the samo by Assemani. (Bibl. Jur. Orient, ii. p. 386. )
Nomocanon of Photius. These scholia sem, from Tigerström, in his Aeusscre Geschichte des Rön.
external evidence, (though there is some difference Rechts (Berlin, 1841, p. 331), speaks of a lipó xelpov,
of opinion among critics as to the exact date of or legal manual, of Antiochus Balsamo, as extant in
their composition,) to have been begin as early as MS. ; but he does not say where, nor does he cite
1166, and not to have been completed before 1192. any authority for the fact. As Tigerström is often
They are of much use in illustrating the bearing of inaccurate, we suspect that Antiochus is put by
the imperial law of Rome upon the canon law of mistake for Theodorus, and that the Procheirin
the Greek Church. The historical accuracy of auctum is referred to, of which an account is given
Balsamo bas been questioned. In the preface of by C. E. Zacharia, Historiae Juris Graeco-Romani
his commentary upon Photius, he refers the last Delineatio, § 48. The commencement of this Pro-
revision of the Basilica to Constantinus Porphyro- cheiron was published, by way of specimen, by Za-
genitus; whereas Attaliata, Blastares, Harineno- chariä in the Prolegomena to his edition of the
pulus, and other authorities, concur in ascribing Procheiron of the emperor Basilius. (Heidelb. 1837. )
that honour to Leo the Wise. The Syntagma of The Procheiron Auctum is supposed by Biener (in
Photius (which is a collection of canons at large), Savigny's Journal, vol. viii. p. 276) to have been
and the Numocanon (which is a systematic ab- rather later than Balsamo, from whose works it-
stract), are parts of a single plan ; but, with the borrow's, as also from the works of Joannes Citrius,
scholia of Balsamo, they have been usually edited who outlived Balsamo. (Beveridge, Preface to the
separately. The scholia on the Nomocanon are Synodicon, SS 14—21; Bach, Hist. Jur. Rom. ed.
best given in Justelli et Voelli Bibliotheca Juris Stockmann, p. 684; Heimbach, de Basil. Orig. pp.
Canonici. (Paris, 1661, vol. ii. p. 789, &c. ) The 130, 132; Biener, Gesch. der Novv. pp. 210-218;
Syntagma, without the Nomocanon, is printed with Witte, in Rhein. Mus. für Jurisp. iii. p. 37, n. ;
the scholia of Balsamo and Zonaras subjoined to Walter, Kirchenrecht, Bonn, 1842, S 77. ) (J. T. G. )
the text in the Synodicou of Bishop Beveridge. In T. BALVE'NTIUS, a centurion of the first
this edition much use is made of an ancient Bod- century (primi pili), who was severely wounded in
leian MS. , which supplies the lacunae of the for- the attack made by Ambiorix upon Q. Titurius
mer printed edition of Paris, 1620. A further | Sabinus, B. c. 54. (Caes. B. G. 5. 35. )
collation of Beveridge's text with three MSS. is M. BAMBA'LIO, a man of no account, the
given in Wolfii Anecdota Gracca Sacra et Pro father-in-law of M. Antonius, the triumvir, who
funa, vol. iv. p. 113. The scholia of Balsamo, un- | received the nickname of Bambalio on account of a
like those of Zonaras, treat not so much of the hesitancy in his speech. His full name was M.
sense of words as of practical questions, and the Fulvius Bambalio, and his daughter was Fulvia :
mode of reconciling apparent contradictions. The he must not be confounded with Q. Fadius, whose
text of Justinian's collections is carefully compared daughter Fadia was Antony's first wife. (Cic.
by Balsamo with the Basilica, and the portions of Phil. ii. 36, iii. 6. )
the former which are not incorporated in the latter L. BA'NTIUS, of Nola, served in the Roman
are regarded by him as having no validity in eccle army at the battle of Cannae, B. C. 216, in which
siastical matters.
he was dangerously wounded and fell into the
Other genuine works of Balsamo are extant. bands of Hannibal. Haring been kindly treated
His book MENETÛV kal amokploewv, and his an- by Hannibal, and sent home laden with gifts, he
swers to the questions of Marcus, patriarch of was anxious to surrender Nola to the Carthagi-
Alexandria, are given by Leunclavius. (Jus. Gr. nians, but was gained over to the Romans by the
Rom. vol. i. ) The former work is also to be found prudent conduct of Marcellus, who had the com-
in Cotelerius, Eccl. Gr. Monum.
mand of Nola. (Liv. xxiii. 15; Plut. Marcell. 10,
Several works have been erroneously attributed &c. )
to Balsamo. Of these the most important is a BA'PHIUS, a Greek commentator
on the
Greek collection of Ecclesiastical Constitutions, in Basilica (cited Basilica, vol. vii. p. 787, ed. Fa-
three books, compiled chiefly from the Digest, broi). His date and history are uncertain, but he
Code, and Novells of Justinian. It is inserted, probably lived in the 10th or Ilth century. Suarez
with the Latin translation of Leunclavius, in Jus- (Notitia Basilicorum, $ 39) thinks, that Baphius is
telli et Voelli Bibl. Jur. Can. vol. ii. F. A. Biener, not strictly a proper name, but an appellative epi-
however, in his history of the Authenticae (Diss. thet given to an annotator on the Rubrics of the
i. p. 16), proved that this collection was older Basilica. This opinion is rejected by Bach. (Hist.
than Balsamo ; and in his history of the Novells Jur. Rom. 676, n. i. ) Tigerström (Aeuss. Röm.
(p. 179), he referred it to the time of the em- Rechtsgesch. p. 330) erroneously calls him Salomon
peror Heraclius. (a. D. 610—641. ) Heimbach Baphius. The names should be separated by a
(Anecdota, vol. i. pp. xliv. --xlvii) maintains, in comma, for Salomon is a distinct scholiast (cited
opposition to Biener, that the collection was made Basilica, vol. iii. p. 361).
[J. T. G. )
soon after the time of Justin 11. (565-8), and BARBA, CA'SSIUS, a friend of J. Caesar,
that four Novells of Heraclius, appended to the who gave Cicero guards for his villa, when Caesar
work, are the addition of a later compiier. There paid him a visit in B. C. 44. (Cic. ad Att. xii. 52;
is extant an arrangement of Justinian's Novells comp. Phil. xiii.