200 THK DECLINE AND FALL CHAP. From their superior importance and dignity, Rome and Constantinople were alone excepted from the jurisdic- The prefects tion of the pretorian yjrefects. The immense size of the f D and Con- ^ity, and the experience of the tardy, ineffectual opera- stantinople. tion of the lavvs, had furnished the policy of Augustus with a specious pretence for introducing a new magi- strate, who alone could restrain a servile and turbulent populace by the strong arm of arbitrary power ^ Vale- rius 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 accom- plished citizen™ resigned his office, declaring, with a spirit worthy of the friend of Brutus, that he found him- self incapable of exercising a power incompatible with public freedom". 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 pretors, 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 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.) had deduced a very distinct abridgement of the state of the Roman empire. ' Tacit. Annal. vi. 11 ; Euseb. in Chron. p. 155. Dion Cassius, in the oration of INIascenas, (1. vii. p. 675.) describes the prerogatives of the pre- fect of the city as they were established in his own time. " The fame of Messalla has been scarcely equal to his merit. In the earliest youth he was recommended by Cicero to the friendship of Brutus. He followed the standard of the republic till it was broken in the fields of Philippi: he then accepted and deserved the favour of the most moderate of the conquerors ; and uniformly asserted his freedom and dignity in the court of Augustus. The triumph of Messalla was justified by the conquest of Aquitain. As an orator, he disputed the palm of eloquence with Cicero himself. Messalla cultivated every muse, and was the patron of every man of genius. He spent his evenings in philosophic conversation with Horace ; assumed his place at table between Delia and Tibullus; and amused his leisure by encouraging the poetical talents of young Ovid. " Incivilem esse potestatem contestans, says the translator of Eusebius. Tacitus expresses the same idea in other words : quasi nescius exercendi.
