461 ([return])
[ 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.]
462 ([return])
[ 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 be worthy of preservation.—M.]
47 ([return])
[ 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.]
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; [48] but the 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. [481]
48 ([return])
[ The senate condemned Nero to be put to death more majorum. Sueton. c. 49.]