r,
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.]

[Footnote 462: 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 patriae honores
detrahantur. Parricidae 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 Graevii Thesaur. Antiq. Rom. i. 6.--W. This note is
rather hypercritical, as regards Gibbon, but appears to be worthy of
preservation.--M.]

[Footnote 47: 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]

[Footnote 48: The senate condemned Nero to be put to death more majorum.
Sueton. c. 49.]

[Footnote 481: No particular law assigned this rig