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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. 81 In the epistles which the emperor addressed to the two consuls elect, it was declared, that they were created by his sole authority.82 Their names and portraits, engraved on gilt tablets of ivory, were dispersed over the empire as presents to the provinces, the cities, the magistrates, the senate, and the people. 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. 84 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.s 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.86 The procession moved from the

81 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.

82 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.

83

Immanesque . . . dentes

Qui secti ferro in tabulas auroque micantes,
Inscripti rutilum cœlato Consule nomen
Per proceres et vulgus eant.

Claud. in ii Cons. Stilichon. 456.

Montfaucon has represented some of these tablets or dypticks; see Supplement à l'Antiquité expliquée, tom. iii. p. 220.

84

Consule lætatur post plurima secula viso
Pallanteus apex: agnoscunt rostra curules
Auditas quondam proavis: desuetaque cingit
Regius auratis Fora fascibus Ulpia lictor.

Claud. in vi Cons. Honorii, 643.

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 Tillemont, tom. iii. iv. and v.

85 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.

86

Cernis et armorum proceres legumque potentes :
Patricios sumunt habitus; et more Gabino
Discolor incedit legio, positisque parumper
Bellorum signis, sequitur vexilla Quirini.

palace $7 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." 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.99 In the two capitals of the empire the annual games of the theatre, the circus, and the amphitheatre 99, 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 inclination of the magistrates themselves, the sum was supplied from the Imperial treasury. 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

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91

Claud. in iv Const. Honorii, 5.

97 See Valesius ad Ammian. Marcellin. 1. xxii. c.7.
Auspice mox læto 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.

In Cons. Prob. 229.

Claud. in iv. Cons. Honorii, 611.

** Celebrant quidem solemnes istos dies omnes ubique urbes quæ sub legibus agunt ; et Roma de more, et Constantinopolis de imitatione, et Antiochia pro luxu, et discineta Carthago, et domus fluminis Alexandria, sed Treviri Principis beneficio. Ausonius in Grat. Actione.

* 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 pro

bibited.

91
1 Procopius in Hist. Arcana, c. 26.

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 splendour and majesty as often as they assumed the annual honours of the consular dignity.92

The patri

The proudest and most perfect separation which can be cians. 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 honours, 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 93, 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 honours, deserved triumphs, contracted alliances, and, after some generations, assumed the pride of ancient nobility.94 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.95 Very few remained who could derive their pure and genuine origin from the infancy of the city, or even from that

92 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 Abbé de la Bleterie (Mémoires 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.

93 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.

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 honour 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 Cæcilius, there is reason to believe that those haughty nobles derived their origin from a sutler.

95 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 Cæsar and Augustus. (Tacit. Annal. xi. 25.). The family of Scaurus (a branch of the Patrician Emilii) was degraded so low that his father, who exercised the trade of a charcoal merchant, left him only ten 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.

of the republic, when Cæsar 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 honourable and sacred.96 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.97 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 preeminence over all the great officers of state, with the most familiar access to the person of the prince. This honourable rank was bestowed on them for life; and as they were usually favourites, 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.98

torian

II. The fortunes of the Prætorian præfects were essen- The Prætially different from those of the consuls and Patricians. præfects. The latter saw their ancient greatness evaporate in a vain title. 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 entrusted to their superintending care; and, like the Vizirs of the East, they held with one hand the seal, and with the other the standard, of the empire. The ambition of

96 Tacit. Annal. xi. 25. Dion Cassius, 1. iii. p. 693. The virtues of Agricola, who was created a Patrician by the emperor Vespasian, reflected honour on that ancient order; but his ancestors had not any claim beyond an Equestrian nobility.

This failure would have been almost impossible if it were true, as Casaubon compels Aurelius Victor to affirm (ad Sueton. in Cæsar. c. 42. 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.

98 Zosimus, l. ii. p. 118.; and Godefroy ad Cod. Theodos. 1. vi. tit. vi.

the præfects, always formidable, and sometimes fatal to the masters whom they served, was supported by the strength of the Prætorian bands; but after those haughty troops had been weakened by Diocletian, and finally suppressed by Constantine, the præfects, 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 Prætorian præfect; and after the monarchy was once more united in the person of Constantine, he still continued to create the same number of FOUR PRÆFECTS, and entrusted to their care the same provinces which they already administered. 1. The præfect 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 acknowleged the authority of the præfect of Illyricum. 3. The power of the præfect of Italy was not confined to the country from whence he derived his title; it extended over the additional territory of Rhætia 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 præfect 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.99

After the Prætorian præfects 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

99 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 Prætorian præfects, we should frequently have been perplexed amidst the copious details of the Code, and the circumstantial minuteness of the Notitia.

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