<p><SPAN name="link172HCH0003" id="link172HCH0003"></SPAN></p>
<h2> Chapter XVII: Foundation Of Constantinople.—Part III. </h2>
<p>The manly pride of the Romans, content with substantial power, had left to
the vanity of the East the forms and ceremonies of ostentatious greatness.
<SPAN href="#link17note-73" name="link17noteref-73" id="link17noteref-73">73</SPAN>
But when they lost even the semblance of those virtues which were derived
from their ancient freedom, the simplicity of Roman manners was insensibly
corrupted by the stately affectation of the courts of Asia. The
distinctions of personal merit and influence, so conspicuous in a
republic, so feeble and obscure under a monarchy, were abolished by the
despotism of the emperors; who substituted in their room a severe
subordination of rank and office from the titled slaves who were seated on
the steps of the throne, to the meanest instruments of arbitrary power.
This multitude of abject dependants was interested in the support of the
actual government from the dread of a revolution, which might at once
confound their hopes and intercept the reward of their services. In this
divine hierarchy (for such it is frequently styled) every rank was marked
with the most scrupulous exactness, and its dignity was displayed in a
variety of trifling and solemn ceremonies, which it was a study to learn,
and a sacrilege to neglect. <SPAN href="#link17note-74"
name="link17noteref-74" id="link17noteref-74">74</SPAN> The purity of the
Latin language was debased, by adopting, in the intercourse of pride and
flattery, a profusion of epithets, which Tully would scarcely have
understood, and which Augustus would have rejected with indignation. The
principal officers of the empire were saluted, even by the sovereign
himself, with the deceitful titles of your Sincerity, your Gravity, your
Excellency, your Eminence, your sublime and wonderful Magnitude, your
illustrious and magnificent Highness. <SPAN href="#link17note-75"
name="link17noteref-75" id="link17noteref-75">75</SPAN> The codicils or
patents of their office were curiously emblazoned with such emblems as
were best adapted to explain its nature and high dignity; the image or
portrait of the reigning emperors; a triumphal car; the book of mandates
placed on a table, covered with a rich carpet, and illuminated by four
tapers; the allegorical figures of the provinces which they governed; or
the appellations and standards of the troops whom they commanded Some of
these official ensigns were really exhibited in their hall of audience;
others preceded their pompous march whenever they appeared in public; and
every circumstance of their demeanor, their dress, their ornaments, and
their train, was calculated to inspire a deep reverence for the
representatives of supreme majesty. By a philosophic observer, the system
of the Roman government might have been mistaken for a splendid theatre,
filled with players of every character and degree, who repeated the
language, and imitated the passions, of their original model. <SPAN href="#link17note-76" name="link17noteref-76" id="link17noteref-76">76</SPAN></p>
<p><SPAN name="link17note-73" id="link17note-73">
<!-- Note --></SPAN></p>
<p class="foot">
73 (<SPAN href="#link17noteref-73">return</SPAN>)<br/> [ Scilicet externae
superbiae sueto, non inerat notitia nostri, (perhaps nostroe;) apud quos
vis Imperii valet, inania transmittuntur. Tacit. Annal. xv. 31. The
gradation from the style of freedom and simplicity, to that of form and
servitude, may be traced in the Epistles of Cicero, of Pliny, and of
Symmachus.]</p>
<p><SPAN name="link17note-74" id="link17note-74">
<!-- Note --></SPAN></p>
<p class="foot">
74 (<SPAN href="#link17noteref-74">return</SPAN>)<br/> [ The emperor Gratian,
after confirming a law of precedency published by Valentinian, the father
of his Divinity, thus continues: Siquis igitur indebitum sibi locum
usurpaverit, nulla se ignoratione defendat; sitque plane sacrilegii reus,
qui divina praecepta neglexerit. Cod. Theod. l. vi. tit. v. leg. 2.]</p>
<p><SPAN name="link17note-75" id="link17note-75">
<!-- Note --></SPAN></p>
<p class="foot">
75 (<SPAN href="#link17noteref-75">return</SPAN>)<br/> [ Consult the Notitia
Dignitatum at the end of the Theodosian code, tom. vi. p. 316. * Note:
Constantin, qui remplaca le grand Patriciat par une noblesse titree et qui
changea avec d'autres institutions la nature de la societe Latine, est le
veritable fondateur de la royaute moderne, dans ce quelle conserva de
Romain. Chateaubriand, Etud. Histor. Preface, i. 151. Manso, (Leben
Constantins des Grossen,) p. 153, &c., has given a lucid view of the
dignities and duties of the officers in the Imperial court.—M.]</p>
<p><SPAN name="link17note-76" id="link17note-76">
<!-- Note --></SPAN></p>
<p class="foot">
76 (<SPAN href="#link17noteref-76">return</SPAN>)<br/> [ Pancirolus ad Notitiam
utriusque Imperii, p. 39. But his explanations are obscure, and he does
not sufficiently distinguish the painted emblems from the effective
ensigns of office.]</p>
<p>All the magistrates of sufficient importance to find a place in the
general state of the empire, were accurately divided into three classes.
1. The Illustrious. 2. The Spectabiles, or Respectable. And, 3. the
Clarissimi; whom we may translate by the word Honorable. In the times of
Roman simplicity, the last-mentioned epithet was used only as a vague
expression of deference, till it became at length the peculiar and
appropriated title of all who were members of the senate, <SPAN href="#link17note-77" name="link17noteref-77" id="link17noteref-77">77</SPAN>
and consequently of all who, from that venerable body, were selected to
govern the provinces. The vanity of those who, from their rank and office,
might claim a superior distinction above the rest of the senatorial order,
was long afterwards indulged with the new appellation of Respectable; but
the title of Illustrious was always reserved to some eminent personages
who were obeyed or reverenced by the two subordinate classes. It was
communicated only, I. To the consuls and patricians; II. To the Praetorian
praefects, with the praefects of Rome and Constantinople; III. To the
masters-general of the cavalry and the infantry; and IV. To the seven
ministers of the palace, who exercised their sacred functions about the
person of the emperor. <SPAN href="#link17note-78" name="link17noteref-78" id="link17noteref-78">78</SPAN> Among those illustrious magistrates who were
esteemed coordinate with each other, the seniority of appointment gave
place to the union of dignities. <SPAN href="#link17note-79"
name="link17noteref-79" id="link17noteref-79">79</SPAN> By the expedient of
honorary codicils, the emperors, who were fond of multiplying their
favors, might sometimes gratify the vanity, though not the ambition, of
impatient courtiers. <SPAN href="#link17note-80" name="link17noteref-80" id="link17noteref-80">80</SPAN></p>
<p><SPAN name="link17note-77" id="link17note-77">
<!-- Note --></SPAN></p>
<p class="foot">
77 (<SPAN href="#link17noteref-77">return</SPAN>)<br/> [ In the Pandects, which
may be referred to the reigns of the Antonines, Clarissimus is the
ordinary and legal title of a senator.]</p>
<p><SPAN name="link17note-78" id="link17note-78">
<!-- Note --></SPAN></p>
<p class="foot">
78 (<SPAN href="#link17noteref-78">return</SPAN>)<br/> [ Pancirol. p. 12-17. I
have not taken any notice of the two inferior ranks, Prefectissimus and
Egregius, which were given to many persons who were not raised to the
senatorial dignity.]</p>
<p><SPAN name="link17note-79" id="link17note-79">
<!-- Note --></SPAN></p>
<p class="foot">
79 (<SPAN href="#link17noteref-79">return</SPAN>)<br/> [ Cod. Theodos. l. vi.
tit. vi. The rules of precedency are ascertained with the most minute
accuracy by the emperors, and illustrated with equal prolixity by their
learned interpreter.]</p>
<p><SPAN name="link17note-80" id="link17note-80">
<!-- Note --></SPAN></p>
<p class="foot">
80 (<SPAN href="#link17noteref-80">return</SPAN>)<br/> [ Cod. Theodos. l. vi.
tit. xxii.]</p>
<p>I. As long as the Roman consuls were the first magistrates of a free
state, they derived their right to power from the choice of the people. As
long as the emperors condescended to disguise the servitude which they
imposed, the consuls were still elected by the real or apparent suffrage
of the senate. From the reign of Diocletian, even these vestiges of
liberty were abolished, and the successful candidates who were invested
with the annual honors of the consulship, affected to deplore the
humiliating condition of their predecessors. The Scipios and the Catos had
been reduced to solicit the votes of plebeians, to pass through the
tedious and expensive forms of a popular election, and to expose their
dignity to the shame of a public refusal; while their own happier fate had
reserved them for an age and government in which the rewards of virtue
were assigned by the unerring wisdom of a gracious sovereign. <SPAN href="#link17note-81" name="link17noteref-81" id="link17noteref-81">81</SPAN>
In the epistles which the emperor addressed to the two consuls elect, it
was declared, that they were created by his sole authority. <SPAN href="#link17note-82" name="link17noteref-82" id="link17noteref-82">82</SPAN>
Their names and portraits, engraved on gilt tables of ivory, were
dispersed over the empire as presents to the provinces, the cities, the
magistrates, the senate, and the people. <SPAN href="#link17note-83"
name="link17noteref-83" id="link17noteref-83">83</SPAN> Their solemn
inauguration was performed at the place of the Imperial residence; and
during a period of one hundred and twenty years, Rome was constantly
deprived of the presence of her ancient magistrates. <SPAN href="#link17note-84" name="link17noteref-84" id="link17noteref-84">84</SPAN></p>
<p><SPAN name="link17note-81" id="link17note-81">
<!-- Note --></SPAN></p>
<p class="foot">
81 (<SPAN href="#link17noteref-81">return</SPAN>)<br/> [ Ausonius (in Gratiarum
Actione) basely expatiates on this unworthy topic, which is managed by
Mamertinus (Panegyr. Vet. xi. [x.] 16, 19) with somewhat more freedom and
ingenuity.]</p>
<p><SPAN name="link17note-82" id="link17note-82">
<!-- Note --></SPAN></p>
<p class="foot">
82 (<SPAN href="#link17noteref-82">return</SPAN>)<br/> [ Cum de Consulibus in
annum creandis, solus mecum volutarem.... te Consulem et designavi, et
declaravi, et priorem nuncupavi; are some of the expressions employed by
the emperor Gratian to his preceptor, the poet Ausonius.]</p>
<p><SPAN name="link17note-83" id="link17note-83">
<!-- Note --></SPAN></p>
<p class="foot">
83 (<SPAN href="#link17noteref-83">return</SPAN>)<br/> [ Immanesque... dentes
Qui secti ferro in tabulas auroque micantes, Inscripti rutilum coelato
Consule nomen Per proceres et vulgus eant. —Claud. in ii. Cons.
Stilichon. 456.</p>
<p>Montfaucon has represented some of these tablets or dypticks see
Supplement a l'Antiquite expliquee, tom. iii. p. 220.]</p>
<p><SPAN name="link17note-84" id="link17note-84">
<!-- Note --></SPAN></p>
<p class="foot">
84 (<SPAN href="#link17noteref-84">return</SPAN>)<br/> [</p>
<p>Consule laetatur post plurima seculo viso<br/>
Pallanteus apex: agnoscunt rostra curules<br/>
Auditas quondam proavis:<br/>
desuetaque cingit Regius auratis<br/>
Fora fascibus Ulpia lictor.<br/>
—Claud. in vi. Cons. Honorii, 643.<br/></p>
<p class="foot">
From the reign of Carus to the sixth consulship of Honorius, there was an
interval of one hundred and twenty years, during which the emperors were
always absent from Rome on the first day of January. See the Chronologie
de Tillemonte, tom. iii. iv. and v.]</p>
<p>On the morning of the first of January, the consuls assumed the ensigns of
their dignity. Their dress was a robe of purple, embroidered in silk and
gold, and sometimes ornamented with costly gems. <SPAN href="#link17note-85"
name="link17noteref-85" id="link17noteref-85">85</SPAN> On this solemn
occasion they were attended by the most eminent officers of the state and
army, in the habit of senators; and the useless fasces, armed with the
once formidable axes, were borne before them by the lictors. <SPAN href="#link17note-86" name="link17noteref-86" id="link17noteref-86">86</SPAN>
The procession moved from the palace <SPAN href="#link17note-87"
name="link17noteref-87" id="link17noteref-87">87</SPAN> to the Forum or
principal square of the city; where the consuls ascended their tribunal,
and seated themselves in the curule chairs, which were framed after the
fashion of ancient times. They immediately exercised an act of
jurisdiction, by the manumission of a slave, who was brought before them
for that purpose; and the ceremony was intended to represent the
celebrated action of the elder Brutus, the author of liberty and of the
consulship, when he admitted among his fellow-citizens the faithful
Vindex, who had revealed the conspiracy of the Tarquins. <SPAN href="#link17note-88" name="link17noteref-88" id="link17noteref-88">88</SPAN>
The public festival was continued during several days in all the principal
cities in Rome, from custom; in Constantinople, from imitation in
Carthage, Antioch, and Alexandria, from the love of pleasure, and the
superfluity of wealth. <SPAN href="#link17note-89" name="link17noteref-89" id="link17noteref-89">89</SPAN> In the two capitals of the empire the annual
games of the theatre, the circus, and the amphitheatre, <SPAN href="#link17note-90" name="link17noteref-90" id="link17noteref-90">90</SPAN>
cost four thousand pounds of gold, (about) one hundred and sixty thousand
pounds sterling: and if so heavy an expense surpassed the faculties or the
inclinations of the magistrates themselves, the sum was supplied from the
Imperial treasury. <SPAN href="#link17note-91" name="link17noteref-91" id="link17noteref-91">91</SPAN> As soon as the consuls had discharged these
customary duties, they were at liberty to retire into the shade of private
life, and to enjoy, during the remainder of the year, the undisturbed
contemplation of their own greatness. They no longer presided in the
national councils; they no longer executed the resolutions of peace or
war. Their abilities (unless they were employed in more effective offices)
were of little moment; and their names served only as the legal date of
the year in which they had filled the chair of Marius and of Cicero. Yet
it was still felt and acknowledged, in the last period of Roman servitude,
that this empty name might be compared, and even preferred, to the
possession of substantial power. The title of consul was still the most
splendid object of ambition, the noblest reward of virtue and loyalty. The
emperors themselves, who disdained the faint shadow of the republic, were
conscious that they acquired an additional splendor and majesty as often
as they assumed the annual honors of the consular dignity. <SPAN href="#link17note-92" name="link17noteref-92" id="link17noteref-92">92</SPAN></p>
<p><SPAN name="link17note-85" id="link17note-85">
<!-- Note --></SPAN></p>
<p class="foot">
85 (<SPAN href="#link17noteref-85">return</SPAN>)<br/> [ See Claudian in Cons.
Prob. et Olybrii, 178, &c.; and in iv. Cons. Honorii, 585, &c.;
though in the latter it is not easy to separate the ornaments of the
emperor from those of the consul. Ausonius received from the liberality of
Gratian a vestis palmata, or robe of state, in which the figure of the
emperor Constantius was embroidered. Cernis et armorum proceres legumque
potentes: Patricios sumunt habitus; et more Gabino Discolor incedit legio,
positisque parumper Bellorum signis, sequitur vexilla Quirini. Lictori
cedunt aquilae, ridetque togatus Miles, et in mediis effulget curia
castris. —Claud. in iv. Cons. Honorii, 5. —strictaque procul
radiare secures. —In Cons. Prob. 229]</p>
<p><SPAN name="link17note-87" id="link17note-87">
<!-- Note --></SPAN></p>
<p class="foot">
87 (<SPAN href="#link17noteref-87">return</SPAN>)<br/> [ See Valesius ad Ammian.
Marcellin. l. xxii. c. 7.]</p>
<p><SPAN name="link17note-88" id="link17note-88">
<!-- Note --></SPAN></p>
<p class="foot">
88 (<SPAN href="#link17noteref-88">return</SPAN>)<br/> [ Auspice mox laeto
sonuit clamore tribunal; Te fastos ineunte quater; solemnia ludit Omina
libertas; deductum Vindice morem Lex servat, famulusque jugo laxatus
herili Ducitur, et grato remeat securior ictu. —Claud. in iv Cons.
Honorii, 611]</p>
<p><SPAN name="link17note-89" id="link17note-89">
<!-- Note --></SPAN></p>
<p class="foot">
89 (<SPAN href="#link17noteref-89">return</SPAN>)<br/> [ Celebrant quidem
solemnes istos dies omnes ubique urbes quae sub legibus agunt; et Roma de
more, et Constantinopolis de imitatione, et Antiochia pro luxu, et
discincta Carthago, et domus fluminis Alexandria, sed Treviri Principis
beneficio. Ausonius in Grat. Actione.]</p>
<p><SPAN name="link17note-90" id="link17note-90">
<!-- Note --></SPAN></p>
<p class="foot">
90 (<SPAN href="#link17noteref-90">return</SPAN>)<br/> [ Claudian (in Cons.
Mall. Theodori, 279-331) describes, in a lively and fanciful manner, the
various games of the circus, the theatre, and the amphitheatre, exhibited
by the new consul. The sanguinary combats of gladiators had already been
prohibited.]</p>
<p><SPAN name="link17note-91" id="link17note-91">
<!-- Note --></SPAN></p>
<p class="foot">
91 (<SPAN href="#link17noteref-91">return</SPAN>)<br/> [ Procopius in Hist.
Arcana, c. 26.]</p>
<p><SPAN name="link17note-92" id="link17note-92">
<!-- Note --></SPAN></p>
<p class="foot">
92 (<SPAN href="#link17noteref-92">return</SPAN>)<br/> [ In Consulatu honos sine
labore suscipitur. (Mamertin. in Panegyr. Vet. xi. [x.] 2.) This exalted
idea of the consulship is borrowed from an oration (iii. p. 107)
pronounced by Julian in the servile court of Constantius. See the Abbe de
la Bleterie, (Memoires de l'Academie, tom. xxiv. p. 289,) who delights to
pursue the vestiges of the old constitution, and who sometimes finds them
in his copious fancy]</p>
<p>The proudest and most perfect separation which can be found in any age or
country, between the nobles and the people, is perhaps that of the
Patricians and the Plebeians, as it was established in the first age of
the Roman republic. Wealth and honors, the offices of the state, and the
ceremonies of religion, were almost exclusively possessed by the former
who, preserving the purity of their blood with the most insulting
jealousy, <SPAN href="#link17note-93" name="link17noteref-93" id="link17noteref-93">93</SPAN> held their clients in a condition of specious
vassalage. But these distinctions, so incompatible with the spirit of a
free people, were removed, after a long struggle, by the persevering
efforts of the Tribunes. The most active and successful of the Plebeians
accumulated wealth, aspired to honors, deserved triumphs, contracted
alliances, and, after some generations, assumed the pride of ancient
nobility. <SPAN href="#link17note-94" name="link17noteref-94" id="link17noteref-94">94</SPAN> The Patrician families, on the other hand,
whose original number was never recruited till the end of the
commonwealth, either failed in the ordinary course of nature, or were
extinguished in so many foreign and domestic wars, or, through a want of
merit or fortune, insensibly mingled with the mass of the people. <SPAN href="#link17note-95" name="link17noteref-95" id="link17noteref-95">95</SPAN>
Very few remained who could derive their pure and genuine origin from the
infancy of the city, or even from that of the republic, when Caesar and
Augustus, Claudius and Vespasian, created from the body of the senate a
competent number of new Patrician families, in the hope of perpetuating an
order, which was still considered as honorable and sacred. <SPAN href="#link17note-96" name="link17noteref-96" id="link17noteref-96">96</SPAN>
But these artificial supplies (in which the reigning house was always
included) were rapidly swept away by the rage of tyrants, by frequent
revolutions, by the change of manners, and by the intermixture of nations.
<SPAN href="#link17note-97" name="link17noteref-97" id="link17noteref-97">97</SPAN>
Little more was left when Constantine ascended the throne, than a vague
and imperfect tradition, that the Patricians had once been the first of
the Romans. To form a body of nobles, whose influence may restrain, while
it secures the authority of the monarch, would have been very inconsistent
with the character and policy of Constantine; but had he seriously
entertained such a design, it might have exceeded the measure of his power
to ratify, by an arbitrary edict, an institution which must expect the
sanction of time and of opinion. He revived, indeed, the title of
Patricians, but he revived it as a personal, not as an hereditary
distinction. They yielded only to the transient superiority of the annual
consuls; but they enjoyed the pre-eminence over all the great officers of
state, with the most familiar access to the person of the prince. This
honorable rank was bestowed on them for life; and as they were usually
favorites, and ministers who had grown old in the Imperial court, the true
etymology of the word was perverted by ignorance and flattery; and the
Patricians of Constantine were reverenced as the adopted Fathers of the
emperor and the republic. <SPAN href="#link17note-98" name="link17noteref-98" id="link17noteref-98">98</SPAN></p>
<p><SPAN name="link17note-93" id="link17note-93">
<!-- Note --></SPAN></p>
<p class="foot">
93 (<SPAN href="#link17noteref-93">return</SPAN>)<br/> [ Intermarriages between
the Patricians and Plebeians were prohibited by the laws of the XII
Tables; and the uniform operations of human nature may attest that the
custom survived the law. See in Livy (iv. 1-6) the pride of family urged
by the consul, and the rights of mankind asserted by the tribune
Canuleius.]</p>
<p><SPAN name="link17note-94" id="link17note-94">
<!-- Note --></SPAN></p>
<p class="foot">
94 (<SPAN href="#link17noteref-94">return</SPAN>)<br/> [ See the animated
picture drawn by Sallust, in the Jugurthine war, of the pride of the
nobles, and even of the virtuous Metellus, who was unable to brook the
idea that the honor of the consulship should be bestowed on the obscure
merit of his lieutenant Marius. (c. 64.) Two hundred years before, the
race of the Metelli themselves were confounded among the Plebeians of
Rome; and from the etymology of their name of Coecilius, there is reason
to believe that those haughty nobles derived their origin from a sutler.]</p>
<p><SPAN name="link17note-95" id="link17note-95">
<!-- Note --></SPAN></p>
<p class="foot">
95 (<SPAN href="#link17noteref-95">return</SPAN>)<br/> [ In the year of Rome
800, very few remained, not only of the old Patrician families, but even
of those which had been created by Caesar and Augustus. (Tacit. Annal. xi.
25.) The family of Scaurus (a branch of the Patrician Aemilii) was
degraded so low that his father, who exercised the trade of a charcoal
merchant, left him only teu slaves, and somewhat less than three hundred
pounds sterling. (Valerius Maximus, l. iv. c. 4, n. 11. Aurel. Victor in
Scauro.) The family was saved from oblivion by the merit of the son.]</p>
<p><SPAN name="link17note-96" id="link17note-96">
<!-- Note --></SPAN></p>
<p class="foot">
96 (<SPAN href="#link17noteref-96">return</SPAN>)<br/> [ Tacit. Annal. xi. 25.
Dion Cassius, l. iii. p. 698. The virtues of Agricola, who was created a
Patrician by the emperor Vespasian, reflected honor on that ancient order;
but his ancestors had not any claim beyond an Equestrian nobility.]</p>
<p><SPAN name="link17note-97" id="link17note-97">
<!-- Note --></SPAN></p>
<p class="foot">
97 (<SPAN href="#link17noteref-97">return</SPAN>)<br/> [ This failure would have
been almost impossible if it were true, as Casaubon compels Aurelius
Victor to affirm (ad Sueton, in Caesar v. 24. See Hist. August p. 203 and
Casaubon Comment., p. 220) that Vespasian created at once a thousand
Patrician families. But this extravagant number is too much even for the
whole Senatorial order. unless we should include all the Roman knights who
were distinguished by the permission of wearing the laticlave.]</p>
<p><SPAN name="link17note-98" id="link17note-98">
<!-- Note --></SPAN></p>
<p class="foot">
98 (<SPAN href="#link17noteref-98">return</SPAN>)<br/> [ Zosimus, l. ii. p. 118;
and Godefroy ad Cod. Theodos. l. vi. tit. vi.]</p>
<p>II. The fortunes of the Praetorian praefects were essentially different
from those of the consuls and Patricians. The latter saw their ancient
greatness evaporate in a vain title.</p>
<p>The former, rising by degrees from the most humble condition, were
invested with the civil and military administration of the Roman world.
From the reign of Severus to that of Diocletian, the guards and the
palace, the laws and the finances, the armies and the provinces, were
intrusted to their superintending care; and, like the Viziers of the East,
they held with one hand the seal, and with the other the standard, of the
empire. The ambition of the praefects, always formidable, and sometimes
fatal to the masters whom they served, was supported by the strength of
the Praetorian bands; but after those haughty troops had been weakened by
Diocletian, and finally suppressed by Constantine, the praefects, who
survived their fall, were reduced without difficulty to the station of
useful and obedient ministers. When they were no longer responsible for
the safety of the emperor's person, they resigned the jurisdiction which
they had hitherto claimed and exercised over all the departments of the
palace. They were deprived by Constantine of all military command, as soon
as they had ceased to lead into the field, under their immediate orders,
the flower of the Roman troops; and at length, by a singular revolution,
the captains of the guards were transformed into the civil magistrates of
the provinces. According to the plan of government instituted by
Diocletian, the four princes had each their Praetorian praefect; and after
the monarchy was once more united in the person of Constantine, he still
continued to create the same number of Four Praefects, and intrusted to
their care the same provinces which they already administered. 1. The
praefect of the East stretched his ample jurisdiction into the three parts
of the globe which were subject to the Romans, from the cataracts of the
Nile to the banks of the Phasis, and from the mountains of Thrace to the
frontiers of Persia. 2. The important provinces of Pannonia, Dacia,
Macedonia, and Greece, once acknowledged the authority of the praefect of
Illyricum. 3. The power of the praefect of Italy was not confined to the
country from whence he derived his title; it extended over the additional
territory of Rhaetia as far as the banks of the Danube, over the dependent
islands of the Mediterranean, and over that part of the continent of
Africa which lies between the confines of Cyrene and those of Tingitania.
4. The praefect of the Gauls comprehended under that plural denomination
the kindred provinces of Britain and Spain, and his authority was obeyed
from the wall of Antoninus to the foot of Mount Atlas. <SPAN href="#link17note-99" name="link17noteref-99" id="link17noteref-99">99</SPAN></p>
<p><SPAN name="link17note-99" id="link17note-99">
<!-- Note --></SPAN></p>
<p class="foot">
99 (<SPAN href="#link17noteref-99">return</SPAN>)<br/> [ Zosimus, l. ii. p. 109,
110. If we had not fortunately possessed this satisfactory account of the
division of the power and provinces of the Praetorian praefects, we should
frequently have been perplexed amidst the copious details of the Code, and
the circumstantial minuteness of the Notitia.]</p>
<p>After the Praetorian praefects had been dismissed from all military
command, the civil functions which they were ordained to exercise over so
many subject nations, were adequate to the ambition and abilities of the
most consummate ministers. To their wisdom was committed the supreme
administration of justice and of the finances, the two objects which, in a
state of peace, comprehend almost all the respective duties of the
sovereign and of the people; of the former, to protect the citizens who
are obedient to the laws; of the latter, to contribute the share of their
property which is required for the expenses of the state. The coin, the
highways, the posts, the granaries, the manufactures, whatever could
interest the public prosperity, was moderated by the authority of the
Praetorian praefects. As the immediate representatives of the Imperial
majesty, they were empowered to explain, to enforce, and on some occasions
to modify, the general edicts by their discretionary proclamations. They
watched over the conduct of the provincial governors, removed the
negligent, and inflicted punishments on the guilty. From all the inferior
jurisdictions, an appeal in every matter of importance, either civil or
criminal, might be brought before the tribunal of the praefect; but his
sentence was final and absolute; and the emperors themselves refused to
admit any complaints against the judgment or the integrity of a magistrate
whom they honored with such unbounded confidence. <SPAN href="#link17note-100"
name="link17noteref-100" id="link17noteref-100">100</SPAN> His appointments
were suitable to his dignity; <SPAN href="#link17note-101"
name="link17noteref-101" id="link17noteref-101">101</SPAN> and if avarice was
his ruling passion, he enjoyed frequent opportunities of collecting a rich
harvest of fees, of presents, and of perquisites. Though the emperors no
longer dreaded the ambition of their praefects, they were attentive to
counterbalance the power of this great office by the uncertainty and
shortness of its duration. <SPAN href="#link17note-102"
name="link17noteref-102" id="link17noteref-102">102</SPAN></p>
<p><SPAN name="link17note-100" id="link17note-100">
<!-- Note --></SPAN></p>
<p class="foot">
100 (<SPAN href="#link17noteref-100">return</SPAN>)<br/> [ See a law of
Constantine himself. A praefectis autem praetorio provocare, non sinimus.
Cod. Justinian. l. vii. tit. lxii. leg. 19. Charisius, a lawyer of the
time of Constantine, (Heinec. Hist. Romani, p. 349,) who admits this law
as a fundamental principle of jurisprudence, compares the Praetorian
praefects to the masters of the horse of the ancient dictators. Pandect.
l. i. tit. xi.]</p>
<p><SPAN name="link17note-101" id="link17note-101">
<!-- Note --></SPAN></p>
<p class="foot">
101 (<SPAN href="#link17noteref-101">return</SPAN>)<br/> [ When Justinian, in
the exhausted condition of the empire, instituted a Praetorian praefect
for Africa, he allowed him a salary of one hundred pounds of gold. Cod.
Justinian. l. i. tit. xxvii. leg. i.]</p>
<p><SPAN name="link17note-102" id="link17note-102">
<!-- Note --></SPAN></p>
<p class="foot">
102 (<SPAN href="#link17noteref-102">return</SPAN>)<br/> [ For this, and the
other dignities of the empire, it may be sufficient to refer to the ample
commentaries of Pancirolus and Godefroy, who have diligently collected and
accurately digested in their proper order all the legal and historical
materials. From those authors, Dr. Howell (History of the World, vol. ii.
p. 24-77) has deduced a very distinct abridgment of the state of the Roman
empire]</p>
<p>From their superior importance and dignity, Rome and Constantinople were
alone excepted from the jurisdiction of the Praetorian praefects. The
immense size of the city, and the experience of the tardy, ineffectual
operation of the laws, had furnished the policy of Augustus with a
specious pretence for introducing a new magistrate, who alone could
restrain a servile and turbulent populace by the strong arm of arbitrary
power. <SPAN href="#link17note-103" name="link17noteref-103" id="link17noteref-103">103</SPAN> Valerius Messalla was appointed the first
praefect of Rome, that his reputation might countenance so invidious a
measure; but, at the end of a few days, that accomplished citizen <SPAN href="#link17note-104" name="link17noteref-104" id="link17noteref-104">104</SPAN>
resigned his office, declaring, with a spirit worthy of the friend of
Brutus, that he found himself incapable of exercising a power incompatible
with public freedom. <SPAN href="#link17note-105" name="link17noteref-105" id="link17noteref-105">105</SPAN> As the sense of liberty became less
exquisite, the advantages of order were more clearly understood; and the
praefect, who seemed to have been designed as a terror only to slaves and
vagrants, was permitted to extend his civil and criminal jurisdiction over
the equestrian and noble families of Rome. The praetors, annually created
as the judges of law and equity, could not long dispute the possession of
the Forum with a vigorous and permanent magistrate, who was usually
admitted into the confidence of the prince. Their courts were deserted,
their number, which had once fluctuated between twelve and eighteen, <SPAN href="#link17note-106" name="link17noteref-106" id="link17noteref-106">106</SPAN>
was gradually reduced to two or three, and their important functions were
confined to the expensive obligation <SPAN href="#link17note-107"
name="link17noteref-107" id="link17noteref-107">107</SPAN> of exhibiting
games for the amusement of the people. After the office of the Roman
consuls had been changed into a vain pageant, which was rarely displayed
in the capital, the praefects assumed their vacant place in the senate,
and were soon acknowledged as the ordinary presidents of that venerable
assembly. They received appeals from the distance of one hundred miles;
and it was allowed as a principle of jurisprudence, that all municipal
authority was derived from them alone. <SPAN href="#link17note-108"
name="link17noteref-108" id="link17noteref-108">108</SPAN> In the discharge
of his laborious employment, the governor of Rome was assisted by fifteen
officers, some of whom had been originally his equals, or even his
superiors. The principal departments were relative to the command of a
numerous watch, established as a safeguard against fires, robberies, and
nocturnal disorders; the custody and distribution of the public allowance
of corn and provisions; the care of the port, of the aqueducts, of the
common sewers, and of the navigation and bed of the Tyber; the inspection
of the markets, the theatres, and of the private as well as the public
works. Their vigilance insured the three principal objects of a regular
police, safety, plenty, and cleanliness; and as a proof of the attention
of government to preserve the splendor and ornaments of the capital, a
particular inspector was appointed for the statues; the guardian, as it
were, of that inanimate people, which, according to the extravagant
computation of an old writer, was scarcely inferior in number to the
living inhabitants of Rome. About thirty years after the foundation of
Constantinople, a similar magistrate was created in that rising
metropolis, for the same uses and with the same powers. A perfect equality
was established between the dignity of the two municipal, and that of the
four Praetorian praefects. <SPAN href="#link17note-109"
name="link17noteref-109" id="link17noteref-109">109</SPAN></p>
<p><SPAN name="link17note-103" id="link17note-103">
<!-- Note --></SPAN></p>
<p class="foot">
103 (<SPAN href="#link17noteref-103">return</SPAN>)<br/> [ Tacit. Annal. vi. 11.
Euseb. in Chron. p. 155. Dion Cassius, in the oration of Maecenas, (l.
lvii. p. 675,) describes the prerogatives of the praefect of the city as
they were established in his own time.]</p>
<p><SPAN name="link17note-104" id="link17note-104">
<!-- Note --></SPAN></p>
<p class="foot">
104 (<SPAN href="#link17noteref-104">return</SPAN>)<br/> [ The fame of Messalla
has been scarcely equal to his merit. In the earliest youth he was
recommended by Cicero to the friendship of Brutus. He followed the
standard of the republic till it was broken in the fields of Philippi; he
then accepted and deserved the favor of the most moderate of the
conquerors; and uniformly asserted his freedom and dignity in the court of
Augustus. The triumph of Messalla was justified by the conquest of
Aquitain. As an orator, he disputed the palm of eloquence with Cicero
himself. Messalla cultivated every muse, and was the patron of every man
of genius. He spent his evenings in philosophic conversation with Horace;
assumed his place at table between Delia and Tibullus; and amused his
leisure by encouraging the poetical talents of young Ovid.]</p>
<p><SPAN name="link17note-105" id="link17note-105">
<!-- Note --></SPAN></p>
<p class="foot">
105 (<SPAN href="#link17noteref-105">return</SPAN>)<br/> [ Incivilem esse
potestatem contestans, says the translator of Eusebius. Tacitus expresses
the same idea in other words; quasi nescius exercendi.]</p>
<p><SPAN name="link17note-106" id="link17note-106">
<!-- Note --></SPAN></p>
<p class="foot">
106 (<SPAN href="#link17noteref-106">return</SPAN>)<br/> [ See Lipsius, Excursus
D. ad 1 lib. Tacit. Annal.]</p>
<p><SPAN name="link17note-107" id="link17note-107">
<!-- Note --></SPAN></p>
<p class="foot">
107 (<SPAN href="#link17noteref-107">return</SPAN>)<br/> [ Heineccii. Element.
Juris Civilis secund ordinem Pandect i. p. 70. See, likewise, Spanheim de
Usu. Numismatum, tom. ii. dissertat. x. p. 119. In the year 450, Marcian
published a law, that three citizens should be annually created Praetors
of Constantinople by the choice of the senate, but with their own consent.
Cod. Justinian. li. i. tit. xxxix. leg. 2.]</p>
<p><SPAN name="link17note-108" id="link17note-108">
<!-- Note --></SPAN></p>
<p class="foot">
108 (<SPAN href="#link17noteref-108">return</SPAN>)<br/> [ Quidquid igitur intra
urbem admittitur, ad P. U. videtur pertinere; sed et siquid intra
contesimum milliarium. Ulpian in Pandect l. i. tit. xiii. n. 1. He
proceeds to enumerate the various offices of the praefect, who, in the
code of Justinian, (l. i. tit. xxxix. leg. 3,) is declared to precede and
command all city magistrates sine injuria ac detrimento honoris alieni.]</p>
<p><SPAN name="link17note-109" id="link17note-109">
<!-- Note --></SPAN></p>
<p class="foot">
109 (<SPAN href="#link17noteref-109">return</SPAN>)<br/> [ Besides our usual
guides, we may observe that Felix Cantelorius has written a separate
treatise, De Praefecto Urbis; and that many curious details concerning the
police of Rome and Constantinople are contained in the fourteenth book of
the Theodosian Code.]</p>
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