History of the Decline and Fall of the Roman Empire — Volume 2Gibbon, Edward
History
History of the Decline and Fall of the Roman Empire — Volume 2
Gibbon, Edward
Byzantine Empire -- History -- To 527; Rome -- History -- Empire, 30 B.C.-476 A.D.
99 (return) [ 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.]
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
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 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 honored with
such unbounded confidence. 100 His appointments were suitable to
his dignity; 101 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. 102
100 (return) [ See a law of Constantine himself. A præfectis
autem prætorio 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
Prætorian præfects to the masters of the horse of the ancient
dictators. Pandect. l. i. tit. xi.]
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