Page:Decline and Fall of the Roman Empire vol 1 (1897).djvu/199

This page has been validated.
OF THE ROMAN EMPIRE
125

vinces, who justified personal flattery by speculative principles of servitude. These new advocates of prerogative were heard with pleasure by the court, and with patience by the people, when they inculcated the duty of passive obedience, and descanted on the inevitable mischiefs of freedom. The lawyers and the historians concurred in teaching that the Imperial authority was held, not by the delegated commission, but by the irrevocable resignation, of the senate; that the emperor was freed from the restraint of civil laws, could command by his arbitrary will the lives and fortunes of his subjects, and might dispose of the empire as of his private patrimony.[1] The most eminent of the civil lawyers, and particularly Papinian, Paulus, and Ulpian, flourished under the house of Severus; and the Roman jurisprudence, having closely united itself with the system of monarchy, was supposed to have attained its full maturity and perfection.

The contemporaries of Severus, in the enjoyment of the peace and glory of his reign, forgave the cruelties by which it had been introduced. Posterity, who experienced the fatal effect of his maxims and example, justly considered him as the principal author of the decline of the Roman empire.[2]

  1. Dion Cassius seems to have written with no other view, than to form these opinions into an historical system. The Pandects will show how assiduously the lawyers, on their side, laboured in the cause of prerogative.
  2. [Cp. Appendix 11.]