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Page 18
But this decree of Romanus failed to halt the development of large landownership and the dissolution of small peasant households and communities. In a subsequent Novel of Constantine Porphyrogenitus it was officially stated that the older laws were not observed. The restrictions placed upon the rich in Constantine's reign surpassed those of Romanus. Nicephorus Phocas, who rose to the throne through his marriage to the widow of Romanus II, was a member of the powerful class, and, quite naturally, understood and favored the interests of that class more than any of his predecessors. In the words of V. G. Vasilievsky, the Novel of Nicephorus Phocas unquestionably indicates a certain reaction in the field of legislation in favor of the powerful class, even though it speaks only of an equally just treatment of both sides. This Novel stated that ancient legislators considered all rulers as champions of justice, calling them a general and equal benefit to all, and indicates that the predecessors of Nicephorus Phocas have deviated from this original ideal. They completely neglected to care for the prosperity of the powerful, and did not even permit them to remain in possession of what they had already acquired. By the abrogation of previous rulings, Nicephorus Phocas gave new freedom to the lawlessness and growth of the powerful class.
The sternest foe of the powerful class was Basil II Bulgaroctonus. Two leaders of the powerful families of Asia Minor, Bardas Phocas and Bardas Sclerus, rebelled against the Emperor and nearly deprived him of the throne. Only the intervention of the Russian auxiliary corps sent by Prince Vladimir prevented the fall of the Emperor. It is not surprising, therefore, that Basil II viewed the large landowners as his most dangerous enemies, and was very harsh and unscrupulous in his treatment of them. Once, in passing through Cappadocia, Basil and his entire army were lavishly entertained in the enormous estate of Eustathius Maleinus. Suspecting that his host might be a possible rival, and fearing that he might attempt to follow in the footsteps of Phocas and Sclerus, the Emperor took him to the capital and forced him to remain there to the end of his days. After the death of Maleinus, his vast estates were confiscated. A similar incident was related in the Novel itself. The story stated that the Emperor heard that a certain Philocales of Asia Minor, a poor peasant by birth, had become famous and wealthy, attained high rank in service, and had seized the village in which he lived and transformed it into his own estate, changing even its name. Basil ordered that all the magnificent buildings which belonged to Philocales should be completely destroyed and razed to the ground and the land returned to the poor. By the orders of the Emperor Philocales himself was again reduced to the state of a simple peasant. There is no doubt that the families of Phocas, Sclerus, and Maleinus, and such individuals as Philocales, were only a few of the large landowning class of Asia Minor.
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