48 (return) [ The senate condemned Nero to be put to death more majorum. Sueton. c. 49.]
481 (return) [ No particular law assigned this right to the senate: it was deduced from the ancient principles of the republic. Gibbon appears to infer, from the passage of Suetonius, that the senate, according to its ancient right, punished Nero with death. The words, however, more majerum refer not to the decree of the senate, but to the kind of death, which was taken from an old law of Romulus. (See Victor. Epit. Ed. Artzen p. 484, n. 7.)—W.]
Pertinax found a nobler way of condemning his predecessor’s memory; by the contrast of his own virtues with the vices of Commodus. On the day of his accession, he resigned over to his wife and son his whole private fortune; that they might have no pretence to solicit favors at the expense of the state. He refused to flatter the vanity of the former with the title of Augusta; or to corrupt the inexperienced youth of the latter by the rank of Cæsar. Accurately distinguishing between the duties of a parent and those of a sovereign, he educated his son with a severe simplicity, which, while it gave him no assured prospect of the throne, might in time have rendered him worthy of it. In public, the behavior of Pertinax was grave and affable. He lived with the virtuous part of the senate, (and, in a private station, he had been acquainted with the true character of each individual,) without either pride or jealousy; considered them as friends and companions, with whom he had shared the danger of the tyranny, and with whom he wished to enjoy the security of the present time. He very frequently invited them to familiar entertainments, the frugality of which was ridiculed by those who remembered and regretted the luxurious prodigality of Commodus. 49
49 (return) [ Dion (l. lxxiii. p. 1223) speaks of these entertainments, as a senator who had supped with the emperor; Capitolinus, (Hist. August. p. 58,) like a slave, who had received his intelligence from one the scullions.]
To heal, as far as it was possible, the wounds inflicted by the hand of tyranny, was the pleasing, but melancholy, task of Pertinax. The innocent victims, who yet survived, were recalled from exile, released from prison, and restored to the full possession of their honors and fortunes. The unburied bodies of murdered senators (for the cruelty of Commodus endeavored to extend itself beyond death) were deposited in the sepulchres of their ancestors; their memory was justified and every consolation was bestowed on their ruined and afflicted families. Among these consolations, one of the most grateful was the punishment of the Delators; the common enemies of their master, of virtue, and of their country. Yet even in the inquisition of these legal assassins, Pertinax proceeded with a steady temper, which gave every thing to justice, and nothing to popular prejudice and resentment.