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remained almost alone of the friends and ministers of Marcus; and when, at a late hour of the night, he was awakened with the news, that the chamberlain and the præfect were at his door, he received them with intrepid resignation, and desired they would execute their master's orders. Instead of death, they offered him the throne of the Roman world. During some moments he distrusted their intentions and assurances. Convinced at length of the death of Commodus, he accepted the purple with a sincere reluctance, the natural effect of his knowledge both of the duties and of the dangers of the supreme rank.46

Lætus conducted without delay his new emperor to the camp of the Prætorians, diffusing at the same time through the city a seasonable report that Commodus died suddenly of an apoplexy; and that the virtuous Pertinax had already suc ceeded to the throne. The guards were rather surprised than pleased with the suspicious death of a prince, whose indulgence and liberality they alone had experienced; but the emergency of the occasion, the authority of their præfect, the reputation of Pertinax, and the clamors of the people, obliged them to stifle their secret discontents, to accept the donative promised by the new emperor, to swear allegiance to him, and with joyful acclamations and laurels in their hands to conduct him to the senate house, that the military consent might be ratified by the civil authority.

This important night was now far spent; with the dawn of day, and the commencement of the new year, the senators expected a summons to attend an ignominious ceremony.* In spite of all remonstrances, even of those of his creatures who yet preserved any regard for prudence or decency, Commodus had resolved to pass the night in the gladiators' school, and from thence to take possession of the consulship, in the habit and win the attendance of that infamous crew. On a sudden, before the break of day, the senate was called together in the temple of Concord, to meet the guards, and to ratify the election of a new emperor. For a few minutes they sat in

46 Julian, in the Cæsars, taxes him with being accessory to the death of Commodus.

The senate always assembled at the beginning of the year, on the night of the 1st January, (see Savaron on Sid. Apoll. viii. 6,) and this happened the present year, as usual, without any particular order.-G. from W.

silent suspense, doubtful of their unexpected deliverance, and suspicious of the cruel artifices of Commodus: but when at length they were assured that the tyrant was no more, they resigned themselves to all the transports of joy and indignation. Pertinax, who modestly represented the meanness of his extraction, and pointed out several noble senators more deserving than himself of the empire, was constrained by their dutiful violence to ascend the throne, and received all the titles of Imperial power, confirmed by the most sincere vows of fidelity. The memory of Commodus was branded with eternal infamy. The names of tyrant, of gladiator, of public enemy resounded in every corner of the house. They decreed in tumultuous votes,* that his honors should be reversed, his titles erased from the public monuments, his statues thrown down, his body dragged with a hook into the stripping room of the gladiators, to satiate the public fury; and they expressed some indignation against those officious servants who had already presumed to screen his remains from the justice of the senate. But Pertinax could not refuse those last rites to the memory of Marcus, and the tears of his first protector Claudius Pompeianus, who lamented the cruel fate of his brotherin-law, and lamented still more that he had deserved it.47

These effusions of impotent rage against a dead emperor, whom the senate had flattered when alive with the most abject servility, betrayed a just but ungenerous spirit of revenge.

47 Capitolinus gives us the particulars of these tumultuary votes, which were moved by one senator, and repeated, or rather chanted, by the whole body. Hist. August. p. 52.

What Gibbon improperly calls, both here and in the note, tumultuous decrees, were no more than the applauses and acclamations which recur so often in the history of the emperors. The custom passed from the theatre to the forum, from the forum to the senate. Applauses on the adoption of the Imperial decrees were first introduced under Trajan. (Plin. jun. Panegyr. 75.) One senator read the form of the decree, and all the rest answered by acclamations, accompanied with a kind of chant or rhythm. These were some of the acclamations addressed to Pertinax, and against the memory of Commodus. Hosti patriæ honores detrahantur. Parricidæ honores detrahantur. Ut salvi simus, Jupiter, optime, maxime, serva nobis Pertinacem. This custom prevailed not only in the councils of state, but in all the meetings of the senate. However inconsistent it may appear with the solemnity of a religious assembly, the early Christians adopted and introduced it into their synods, notwithstanding the opposition of some of the Fathers, particularly of St. Chrysostom. See the Coll. of Franc. Bern. Ferrarius de veterum acclamatione in Grævii Thesaur Antiq Rom. i. 6.-W.

This note is rather hypercritical, as regards Gibbon, but appears to me worthy of preservation. — M.

The legality of these decrees was, however, supported by the principles of the Imperial constitution. To censure, to depose or to punish with death, the first magistrate of the republic, who had abused his delegated trust, was the ancient and undoubted prerogative of the Roman senate; 48 but that feeble assembly was obliged to content itself with inflicting on a fallen tyrant that public justice, from which, during his life and reign, he had been shielded by the strong arm of military despotism.*

Pertinax found a nobler way of condemning his predeces sor's memory; by the contrast of his own virtues with the vices of Commodus. On the day of his accession, he resigned over to his wife and son his whole private fortune; that they might have no pretence to solicit favors at the expense of the state. He refused to flatter the vanity of the former with the title of Augusta; or to corrupt the inexperienced youth of the latter by the rank of Cæsar. Accurately distinguishing between the duties of a parent and those of a sovereign, he educated his son with a severe simplicity, which, while it gave him no assured prospect of the throne, might in time have rendered him worthy of it. In public, the behavior of Pertinax was grave and affable. He lived with the virtuous part of the senate, (and, in a private station, he had been acquainted with the true character of each individual,) without either pride or jealousy; considered them as friends and companions, with whom he had shared the dangers of the tyranny, and with whom he wished to enjoy the security of the present time. He very frequently invited them to familiar entertainments, the frugality of which was ridiculed by those who remembered and regretted the luxurious prodigality of Commodus.49

45 The senate condemned Nero to be put to death more majorum. Sueton. c. 49.

Dion (1. lxxiii. p. 1223) speaks of these entertainments, as a senator who had supped with the emperor; Capitolinus, (Hist. August. p. 58,) like a slave, who had received his intelligence from one of the scullions.

No particular law assigned this right to the senate: it was deduced from the ancient principles of the republic. Gibbon appears to infer, from the passage of Suetonius, that the senate, according to its ancient right punished Nero with death. The words, however, more majorum refer not to the decree of the senate, but to the kind of death, which was taken from an old law of Romulus. (See Victor. Epit. Ed. Artzen, p. 484, n. 7.

-W.

To heal, as far as it was possible, the wounds inflicted by the hand of tyranny, was the pleasing, but melancholy, task of Pertinax. The innocent victims, who yet survived, were recalled from exile, released from prison, and restored to the full possession of their honors and fortunes. The unburied bodies of murdered senators (for the cruelty of Commodus endeavored to extend itself beyond death) were deposited in the sepulchres of their ancestors; their memory was justified; and every consolation was bestowed on their ruined and afflicted families. Among these consolations, one of the most grateful was the punishment of the Delators; the common enemies of their master, of virtue, and of their country. Yet even in the inquisition of these legal assassins, Pertinax proceeded with a steady temper, which gave every thing to justice, and nothing to popular prejudice and resentment.

The finances of the state demanded the most vigilant care of the emperor. Though every measure of injustice and extortion had been adopted, which could collect the property of the subject into the coffers of the prince, the rapaciousness of Commodus had been so very inadequate to his extrava gance, that, upon his death, no more than eight thousand pounds were found in the exhausted treasury,50 to defray the current expenses of government, and to discharge the pressing demand of a liberal donative, which the new emperor had been obliged to promise to the Prætorian guards. Yet under these distressed circumstances, Pertinax had the generous firmness to remit all the oppressive taxes invented by Commodus, and to cancel all the unjust claims of the treasury; declaring, in a decree of the senate, "that he was better sat isfied to administer a poor republic with innocence, than to acquire riches by the ways of tyranny and dishonor." Economy and industry he considered as the pure and genuine sources of wealth; and from them he soon derived a copious supply for the public necessities. The expense of the house hold was immediately reduced to one half. All the instruments of luxury Pertinax exposed to public auction,51 gold and

50 Decies. The blameless economy of Pius left his successors a treasure of vicies septies millies, above two and twenty millions sterling. Dion, 1. lxxiii. p. 1231.

51 Besides the design of converting these useless ornaments into money, Dion (1. lxxiii. p. 1229) assigns two secret motives of Pertinax. He wished to expose the vices of Commodus, and to discover by tho purchasers those who inost resembled him.

silver plate, chariots of a singular construction, a superfluous wardrobe of silk and embroidery, and a great number of beautiful slaves of both sexes; excepting only, with attentive humanity, those who were born in a state of freedom, and had been ravished from the arms of their weeping parents. At the same time that he obliged the worthless favorites of the tyrant to resign a part of their ill-gotten wealth, he satisfied the just creditors of the state, and unexpectedly discharged the long arrears of honest services. He removed the oppressive restrictions which had been laid upon commerce, and granted all the uncultivated lands in Italy and the provinces to those who would improve them; with an exemption from tribute during the term of ten years.52

Such a uniform conduct had already secured to Pertinax the noblest reward of a sovereign, the love and esteem of his people. Those who remembered the virtues of Marcus were happy to contemplate in their new emperor the features of that bright original; and flattered themselves, that they should long enjoy the benign influence of his administration. A hasty zeal to reform the corrupted state, accompanied with less prudence than might have been expected from the years and experience of Pertinax, proved fatal to himself and to his country. His honest indiscretion united against him the servile crowd, who found their private benefit in the public disorders, and who preferred the favor of a tyrant to the inexorable equality of the laws.53

Amidst the general joy, the sullen and angry countenance of the Prætorian guards betrayed their inward dissatisfaction. They had reluctantly submitted to Pertinax; they dreaded the strictness of the ancient discipline, which he was preparing to restore; and they regretted the license of the former reign. Their discontents were secretly fomented by Lætus, their præfect, who found, when it was too late, that his new emperor would reward a servant, but would not be ruled by a favorite. On the third day of his reign, the soldiers seized on a noble senator, with a design to carry him to the camp, and to invest him with the Imperial purple. Instead of being dazzled by the dangerous honor, the affrighted victim escaped

"Though Capitolinus has picked up many idle tales of the private life of Pertinax, he joins with Dion and Herodian in admiring his public conduct.

Leges, rem surdam, inexorabilem esse. T. Liv. ii. 3.
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