330

THE DECLINE AND FALL

CHAP.

LXX.

with thetitle andoffice oftribune.

Laws ofthe goodestate.

not trampled the spark of this mighty conflagra-tion. A general and peremptory order wasissued from the capitol to all the nobles, thatthey should peaceably retire to their estates:they obeyed; and their departure secured thetranquillity of the free and obedient citizens ofRome .

But such voluntary obedience evaporates withthe first transports of zeal; and Rienzi felt theimportance of justifying his usurpation by a re-gular form and a legal title. At his own choice,the Roman people would have displayed theirattachment and authority, by lavishing onhis head the names of senator or consul, of kingor emperor: he preferred the ancient and mo-dest appellation of tribune; the protection ofthe commons was the essence of that sacredoffice; and they were ignorant, that it hadnever been invested with any share in the legis-lative or executive powers of the republic. Inthis character, and with the consent of theRomans, the tribune enacted the most salu-tary laws for the restoration and maintenance ofthe good estate. By the first he fulfils the wishof honesty and inexperience, that no civil suitshould be protracted beyond the term of fifteendays. The danger of frequent perjury mightjustify the pronouncing against a false accuserthe same penalty which his evidence wouldhave inflicted; the disorders of the times mightcompel the legislator to punish every homicidewith death, and every injury with equal retalia-tion; but the execution of justice was hopelesstill he had previously abolished the tyranny of