CHAP. Constantine were reverenced as the adopted Fathers of the emperor and the republic *.

XIV.

The Præ torian præfects.

II. The fortunes of the Prætorian præfects were essentially different from those of the consuls and patricians. 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 intrusted 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 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 govern ment 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

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

and entrusted to their care the same pro- CHAP. ch they already administered.

1. The the East stretched his ample jurisdiction ee parts of the globe which were subject ans, from the cataracts of the Nile to the he Phasis, and from the mountains of the frontiers of Persia. 2. The importes of Pannonia, Dacia, Macedonia, and e acknowledged the authority of the præicum. 3. The power of the præfect of ot confined to the country from whence is title; it extended over the additional Rhætia as far as the banks of the Danube, pendent islands of the Mediterranean, at part of the continent of Africa which the confines of Cyrene and those of 4. The præfect of the Gauls comprethat plural denomination the kindred Britain and Spain, and his authority om the wall of Antoninus to the foot of

*

Prætorian præfects had been dismissed
ry command, the civil functions which
ained to exercise over so many subject
adequate to the ambition and abilities
nsummate ministers. To their wisdom
the supreme administration of justice
nces, the two objects which, in a state
rehend almost all the respective duties
n and of the people; of the former, to
izens who are obedient to the laws;
o contribute the share of their pro-
required for the expenses of the state.
highways, the posts, the granaries, the

109, 10. If we had not fortunately possessed this satis-
division of the power and provinces of the Prætorian
quently have been perplexed amidst the copious details of
mstantial minuteness of the Notitia.

XIV.

The præfects of

Constantinople.

XIV.

CHAP. manufactures, whatever could interest the public prosperity, was moderated by the authority of the Prætorian præfects. 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 præfect: 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 honoured with such unbounded confidence. His appointments were suitable to his dignity; 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 præfects, they were attentive to counterbalance the power of this great office by the uncertainty and shortness of its duration *.

.

From their superior importance and dignity, Rome Rome and and Constantinople were alone excepted from the jurisdiction of the Prætorian præfects. 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. Valerius Messalla was appointed the first præfect of Rome, that his reputation might

* 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.) had deduced a very distinct abridgement of the state of the Roman empire.

XIV.

ce so invidious a measure: but, at the end CHAP. ays, that accomplished citizen resigned his aring with a spirit worthy of the friend of at he found himself incapable of exercising compatible with public freedom. As the erty became less exquisite, the advantages were more clearly understood; and the ho seemed to have been designed as a to slaves and vagrants, was permitted to civil and criminal jurisdiction over the nd noble families of Rome. The prætors, eated as the judges of law and equity, ong dispute the possession of the Forum ous and permanent magistrate, who was itted into the confidence of the prince. s were deserted, their number, which had ted between twelve and eighteen*, was duced to two or three, and their imctions were confined to the expensive exhibiting games for the amusement of After the office of the Roman consuls anged into a vain pageant, which was ved in the capital, the præfects assumed place in the senate, and were soon

as the ordinary presidents of that embly. They received appeals from the ne hundred miles; and it was allowed · of jurisprudence, that all municipal derived from them alone. In the dislaborious employment, the governor of sisted by fifteen officers, some of whom nally his equals, or even his superiors. departments were relative to the comnerous watch established as a safeguard robberies, and nocturnal disorders; d distribution of the public allowance ipsius, Excursus D. ad 1 lib. Tacit. Annal.

The pro

consuls, vice-præfects, &c.

XIV.

CHAP. of corn and provisions; the care of the port, of the
aqueducts, of the common sewers, and of the navi-
gation and bed of the Tyber; the inspection of the
markets, the theatres, and of the private as well as
public works. Their vigilance ensured the three
principal objects of a regular police, safety, plenty,
and cleanliness; and as a proof of the attention of go-
vernment to preserve the splendour and ornaments of
the capital, a particular inspector was appointed for
the statues; the guardian, as it were, of that inani-
mate 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 metro-
polis, for the same uses, and with the same powers.
A perfect equality was established between the dig-
nity of the two municipal, and that of the four præ-
torian, præfects.

Those who, in the Imperial hierarchy, were distinguished by the title of Respectable, formed an intermediate class between the illustrious præfects and the honourable magistrates of the provinces. In this class the proconsuls of Asia, Achaia, and Africa, claimed a pre-eminence, which was yielded to the remembrance of their ancient dignity; and the appeal from their tribunal to that of the præfects was almost the only mark of their dependence. But the civil government of the empire was distributed into thirteen great DIOCESES, each of which equalled the just measure of a powerful kingdom. The first of these dioceses was subject to the jurisdiction of the count of the east; and we may convey some idea of the importance and variety of his functions, by observing, that six hundred apparitors, who would be styled at present either secretaries, or clerks, or ushers, or messengers, were employed in his immediate office.