The Decline and Fall of the Roman Empire · Chapter 17 (4/9)

II. The fortunes of the Praetorian prefects 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 entrusted to their superintending care; and, like the Viziers of the East, they held with one hand the seal, and with the other the standard, of the empire. The ambition of the prefects, always formidable, and sometimes fatal to the masters whom they served, was supported by the strength of the Praetorian bands; but after those haughty troops had been weakened by Diocletian, and finally suppressed by Constantine, the prefects, 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 Praetorian prefect; and after the monarchy was once more united in the person of Constantine, he still continued to create the same number of four prefects, and entrusted to their care the same provinces which they already administered. 1. The prefect 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 acknowledged the authority of the prefect of Illyricum. 3. The power of the prefect of Italy was not confined to the country from whence he derived his title; it extended over the additional territory of Rhaetia 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 prefect 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.2033

After the Praetorian prefects 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 Praetorian prefects. 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 prefect; 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.2034 His appointments were suitable to his dignity;2035 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 prefects, they were attentive to counterbalance the power of this great office by the uncertainty and shortness of its duration.2036

From their superior importance and dignity, Rome and Constantinople were alone excepted from the jurisdiction of the Praetorian prefects. 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.2037 Valerius Messalla was appointed the first prefect of Rome that his reputation might countenance so invidious a measure; but, at the end of a few days that accomplished citizen2038 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.2039 As the sense of liberty became less exquisite, the advantages of order were more clearly understood; and the prefect, 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 praetors, 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,2040 was gradually reduced to two or three, and their important functions were confined to the expensive obligation2041 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 prefects 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.2042 In the discharge of his laborious employment, the governor of Rome was assisted by fifteen officers, some of whom had been originally his equals, or even his superiors. The principal departments were relative to the command of a numerous watch, established as a safeguard against fires, robberies, and nocturnal disorders; the custody and distribution of the public allowance of corn and provisions; the care of the port, of the aqueducts, of the common sewers, and of the navigation and bed of the Tiber; the inspection of the markets, the theatres, and of the private as well as the public works. Their vigilance insured the three principal objects of a regular police, safety, plenty, and cleanliness; and as a proof of the attention of government to preserve the splendor and ornaments of the capital, a particular inspector was appointed for the statues; the guardian, as it were, of that inanimate 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 metropolis, for the same uses, and with the same powers. A perfect equality was established between the dignity of the two municipal, and that of the four Praetorian, prefects.2043

Those who, in the Imperial hierarchy, were distinguished by the title of Respectable, formed an intermediate class between the illustrious prefects, and the honorable magistrates of the provinces. In this class the proconsuls of Asia, Achaia, and Africa, claimed a preeminence, which was yielded to the remembrance of their ancient dignity; and the appeal from their tribunal to that of the prefects was almost the only mark of their dependence.2044 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.2045 The place of Augustal prefect of Egypt was no longer filled by a Roman knight; but the name was retained; and the extraordinary powers which the situation of the country and the temper of the inhabitants had once made indispensable were still continued to the governor. The eleven remaining dioceses, of Asiana, Pontica, and Thrace; of Macedonia, Dacia, and Pannonia, or Western Illyricum; of Italy and Africa; of Gaul, Spain, and Britain; were governed by twelve vicars or vice-prefects,2046 whose name sufficiently explains the nature and dependence of their office. It may be added that the lieutenant-generals of the Roman armies, the military counts and dukes, who will be hereafter mentioned, were allowed the rank and title of Respectable.

As the spirit of jealousy and ostentation prevailed in the councils of the emperors, they proceeded with anxious diligence to divide the substance, and to multiply the titles of power. The vast countries which the Roman conquerors had united under the same simple form of administration were imperceptibly crumbled into minute fragments; till at length the whole empire was distributed into one hundred and sixteen provinces, each of which supported an expensive and splendid establishment. Of these, three were governed by proconsuls, thirty-seven by consulars, five by correctors, and seventy-one by presidents. The appellations of these magistrates were different; they ranked in successive order, the ensigns of their dignity were curiously varied, and their situation, from accidental circumstances, might be more or less agreeable or advantageous. But they were all (excepting only the proconsuls) alike included in the class of honorable persons; and they were alike entrusted, during the pleasure of the prince, and under the authority of the prefects or their deputies, with the administration of justice and the finances in their respective districts. The ponderous volumes of the Codes and Pandects2047 would furnish ample materials for a minute inquiry into the system of provincial government, as in the space of six centuries it was approved by the wisdom of the Roman statesmen and lawyers. It may be sufficient for the historian to select two singular and salutary provisions, intended to restrain the abuse of authority.

1. For the preservation of peace and order, the governors of the provinces were armed with the sword of justice. They inflicted corporal punishments, and they exercised, in capital offences, the power of life and death. But they were not authorized to indulge the condemned criminal with the choice of his own execution, or to pronounce a sentence of the mildest and most honorable kind of exile. These prerogatives were reserved to the prefects, who alone could impose the heavy fine of fifty pounds of gold: their vicegerents were confined to the trifling weight of a few ounces.2048 This distinction, which seems to grant the larger, while it denies the smaller, degree of authority, was founded on a very rational motive. The smaller degree was infinitely more liable to abuse. The passions of a provincial magistrate might frequently provoke him into acts of oppression which affected only the freedom or the fortunes of the subject; though, from a principle of prudence, perhaps of humanity, he might still be terrified by the guilt of innocent blood. It may likewise be considered that exile, considerable fines, or the choice of an easy death relate more particularly to the rich and the noble; and the persons the most exposed to the avarice or resentment of a provincial magistrate were thus removed from his obscure persecution to the more august and impartial tribunal of the Praetorian prefect.

2. As it was reasonably apprehended that the integrity of the judge might be biased, if his interest was concerned or his affections were engaged, the strictest regulations were established to exclude any person, without the special dispensation of the emperor, from the government of the province where he was born;2049 and to prohibit the governor or his son from contracting marriage with a native, or an inhabitant;2050 or from purchasing slaves, lands, or houses, within the extent of his jurisdiction.2051 Notwithstanding these rigorous precautions, the emperor Constantine, after a reign of twenty-five years, still deplores the venal and oppressive administration of justice, and expresses the warmest indignation that the audience of the judge, his despatch of business, his seasonable delays, and his final sentence were publicly sold, either by himself or by the officers of his court. The continuance, and perhaps the impunity, of these crimes is attested by the repetition of impotent laws and ineffectual menaces.2052