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.
101 (return) [ When Justinian, in the exhausted condition of the
empire, instituted a Prætorian præfect for Africa, he allowed him
a salary of one hundred pounds of gold. Cod. Justinian. l. i.
tit. xxvii. leg. i.]
102 (return) [ 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]
From their superior importance and dignity, Rome 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. 103
Valerius Messalla was appointed the first præfect of Rome, that
his reputation might countenance so invidious a measure; but, at
the end of a few days, that accomplished citizen 104 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. 105 As the sense of liberty
became less exquisite, the advantages of order were more clearly
understood; and the præfect, 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 prætors, 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, 106 was gradually reduced to two or three, and
their important functions were confined to the expensive
obligation 107 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 præfects 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. 108 In the
discharge of his laborious employment, the governor of Rome was
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