Page:Decline and Fall of the Roman Empire (1827) Vol 1.djvu/141

CHAP. IV.
_____minutes they sat in 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 The memory of Commodus declared infamous.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 honours 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 oflScious 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 brother-in-law, and lamented still more that he had deserved it^[1].

Legal jurisdiction of the senate over the emperors.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. 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^[2] ; but that

1. 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.
2. The senate condemned Nero to be put to death inore majorum, Sueton. c. 49.