82 POWER OF RoMAN GENERALs. [CH. III. hs of Rome always solemni the perpetual mo". me alway nized the .* o of ths. - Without any vion of the principles of the constitu. tion, the general of the Roman armies might receive and exercise all auto". almost despotic over the soldiers, the enemies, and the subjects, of the olio, With regard to the soldiers, the jealousy of freedom had, even from the earliest afto of Rome, given way to the hopes of conquest, and * 3. senso of military discipline. . The di. tator, or consul, h" . right to command the service of the Roman youth. all o Punish an obstinate or cowardly dis. jience by to . *Yere and ignominio Penalties, by triking the offender out of the list of citizens, by config. S o his propert. and by selling his person into slavery.f i. ão jored rights of freedom, confirmed by the Porcian and Sempronja” laws, were suspended by the military en... In his loop the general exercised an absolute . ... life and death; his jurisdiction was not, consin. o forms of trial, or rules of proceeding; and the exe. tion of the sentence was immediate, and without a peal. t. The choice of the enemies of Rome was regularly deci ded by the legislative authority. The most important resolutions . ... and war we seriously debated in the senate, and solemnly ratified by the people. But when the arms of the legions were carried to a great distance from Italy, the orals assumed the liberty of directing them or people, and in whatever manner, they judged In Ost; advantageous for the public service. It was from the sū. ... from the justice, of their enterprises, that the expected the honours of a triumph. In the use of victory, especially after they were no longer controlled by the coo: missioners of the senate, they exercised the most unbounded despotism: When Pompey commanded in the east, he re. warded his soldiers and allies, dethroned Princes, divided kingdoms, founded colonies, and distributed the tr

easur of Mithridates. On his return to Rome, he obtained §:


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f mili the laws of nature and humanity, but they asserted those omilitary disciplin.

and the people, who abberred the action, was obliged to respect to: principle.

single act of the senate and people, the universal ratificatio of all his proceedings.” Such was the power over the . diers, and over the enemies of Rome, which was either floo to, or assumed by, the generals of the repuj hey were, at the same time, the governors, or rather monarchs, of the conquered provinces, united the civil w; the military, character, administered justice as well as ". finances, and exercised both the executive and legislat. power of the state.t From what has been already observed in the first 9hapter of this work, some notion may be formed of the armies and o thus intrusted to the ruling hand of August. ut, as it was impossible that he could personally comm. d the legions of so many distant frontiers, he was indulged by the senate, as Pompey had already been, in the permissi. of devolving the execution of his great office on a sufficient number of lieutenants. In rank and authority these officers seemed not inferior to the ancient proconsuls; but their station was dependent and precarious. They received and held their commissions at the will of a superior, to whose auspicious influence the merit of their actions was legally

* By the lavish, but unconstrained, suffrages of the people, Pompey had obtained a military command scarcely inferior to that of Augustus. Among the extraordinary acts of power, executed by the former, we may remark the foundation of twenty-nine cities, and the distribution of 3,000,000l. or 4,000,000l. sterling to his troops. The ratification of his acts met with some opposition and delays in the senate. See Plutarch, Appian, Dion Cassius, and the first book of the epistles to Atticus. + [Our author has much over-stated the power of the imperator, in the days of the republic. He could not, of his own accord, either engage in war or conclude a treaty of peace; nor without the concurrence of the ten senatorial delegates, could he settle the administration of conquered lands. . What was done by Pompey and Caesar affords neither rule nor proof. In the first place, a peculiar and before unheard-of authority had been expressly committed to Pompey, by that pernicious Manilian law, which Cicero so unwisely advocated. He afterwards arrogated more to himself than was even then granted. The ratification of his acts, therefore, not only met with some opposition, as Gibbon says, but could only be obtained by that coalition with Crassus and Caesar, which destroyed for ever the freedom of Rome. Under the title of imperator, the emperors obtained a power that was unknown to the free republic. o acquired by it an unlimited command over the whole military force, the right of noaking peace and war, and the power of life and death over all ci izens, even of Rome itself. After he had rendered himself absolute aaster of the state, Cesar obtained all this authority, with o: dignity


84 DIY 154* OF THE PROVINCEs. sch. III. ttributed.* They were the representatives of the em ol. emperor alon."” the general of the republic, o jurisdiction, civil "o Woll as military, extended over aii j conquests of o It was some satisaction, however, to ionate, that he oys delegated his power to o mem. is of their body di The o lieutenants were of . sular or praetorio §oty; the legions were Commanded by senators; and the oure of Egypt was the only imjo trust cood to a Roman knight.

Within six days after Augustus had been compelled to accept so, ve. o a grant, he resolved to gratify the pride of the o i. Y on easy sacrifice. PIe re "esented to them, that they . enlarged his powers, even beyond that degree which *f; * required by the melancholy Condition of the times. T o not permitted him to refuse the laborious commano 91 the armies and the frontiers; but he must insist on being allowed to restore the more peaceful and secure proj to the mild administration of the .vil magistrate. In the "sion of the provinces, Augustus roji.a for his own Poor, and for the dignity of the republic The proconsuls of the senate, particularly those of Asia. Greece, and Africa, enjoyed a more honourable characte: than the lieutenants of the emperor, who, commanded in Gaul or Syria. The former were attended by lictors, the the latter by soldierst A law was passed, that wher.

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alth, a triumph could only be claimed by the general, wo . to take the auspices in the name of the people. #. Was exact consequence, drawn, from this principle of policy and re an

- ligi the triumph was reserved to the emperor; and his most succ...i lieutenants were satisfied with some marks of distinction, whi under

e of triumphal honours, were invented in their favour. *. ... is not correct. The lieutenants of the emperor under the name of proprietor; whether they had been praetors of: consuls, were attended by six lictors; those who were intrust. wi the power of the sword wore a military dress (Poludamentum) and a sword. The governors appointed by the senate, if they had Previously served the office of consul, had twelve lictors; but not more than six, when they had been only praetors. They Yo." all styled Proconsuls. The provinces of Africa and Asia were no o to *ny but ex-con. suls." Detailed accounts of the organization i St 9. Provinces are furnished by Dion Cassius (lib.,53; c. 12–16), and Strabo (lib. 17, p. 840) Consult the Greek text of the latter, for the Latin version is in., —WENG ..] rreot,

emperor was present, his extraordinary commission ahould supersede the ordinary jurisdiction of the governor; a cus. tom was introduced, that the new conquests belonged to the imperial portion; and it was soon discovered, that the authority of the prince, the favourite epithet of Augustus, was the same in every part of the empire. In return for this imaginary concession, Augustus obtained an important privilege, which rendered him master of Rome and Italy. By a dangerous exception to the ancient maxims, he was authorized to preserve his military command, supported by a numerous body of guards, even in time of peace, and in the heart of the capital. His command, indeed, was confined to those citizens who were engaged in the service by the military oath; but such was the propensity of the Romans to servitude, that the oath was voluntarily taken by the magistrates, the senators, and the Questrian order, till the homage of flattery was insen#. converted into an annual and solemn protestation of elity. Although Augustus considered a military force as the firmest foundation, he wisely rejected it, as a very odious instrument of government. It was more agreeable to his temper, as well as to his policy, to reign under the venerable names of ancient magistracy, and artfully to collect, in his own person, all the scattered rays of civil jurisdiction. With this view, he permitted the senate to confer upon him, for his life, the powers of the consular” and tribunitian offices,t which were, in the same manner, continued to all his successors. The consuls had succeeded to the kings of Rome, and represented the dignity of the state. They superintended the ceremonies of religion, levied and commanded the legions, gave audience to foreign ambassadors, and presided in the assemblies both of the senate and people. The general control of the finances was intrusted to their * Cicero (de Legibus, 3, 3) gives the consular office the name of

regia potestas; and Polybius (1.6, c. 3) observes three powers in the Roman constitution. The monarchial was represented and exercised by the consuls. + As the tribunitian power (distinct from the annual office) was first invented by the dictator Coesar (Dion, 1.44, p. 384), we may easily conceive that it was given as a reward for having so nobly asserted, by arms, the sacred rights of :* and people. See his own commentaries, de Bell ivil. l. 1.


care; and though they seldom had leisure to administer justice in erson, they were considered as the su I'enne guardians o law; oty, and the public peace. s. WaS their ordinary jurisdiction ; but whenever the Senate empowered the first ostrate to consult the safety of . COmmonwealth, he wo ...] by that decree above the laws and exercised, in the i. of liberty, a temporary despotis. The character of the tribunes was, in every opoet, different from that of the o The appearance of the former wjmodest and o *; but their persons were sacred and inviolable. Theo ... was suited rather for opposition than, for action. They...onstituted to defend the opprej to orion offences, oraign the enemies of the People, and when they judge 1 necessary, to stop, by a Single word. the whole machino.o.o.overnment. As long as the republic subsisted, the dao influence, which either the Consul or the tribune oč derive from their respective juriji. tion, was diminio several important restrictions. Their authority expired with the year in which they were elected: the former office.*** divided between two, the latter among ten persons; and as both in their o and Polis interest they were averse to each other, their mutual conflicts COntributed, for the most part, to strengthon rather than to destroy the balance of the constitution.f But when the COIn

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* stus exercised nine annual consulships without inte He o most artfully, refused that magistracy, as o dictatorship, absented himself from Rome, and waited till the fatal ‘.... of tumult and foetion forced the senate to invest him with a perpetual consulship. Augustus, as well as his successors, affected i.owever, K. conceal so invidious a title. ., f [This balance wa, in general illusory. The appointment of tribunes was far from producing the fruit; who might hobono, and whij". might have yielded. The power which it conferred was so organized, that it was often useless to the people, and no check 9m he sometimes oppressively exercised authority of the senate, By intrusting to them only the right of deliberating, and reserving to themselves that of ratifying their decisions, the people retained on apparent sovereignty, but in fact overthrow, the very bulwark which they had erected. “The senators,” said De Lolme, the consuls, the dictato and the other great men in the republic, whom * People were prudent enough to fear, and simple enough to o continued still to mi with them, and play off their political ort . they continued make speeches to them, and still availed o . of their privile of changing at their pleasure the place an b * form of the Public meetings. When they did not find it possible by “ach means to direct

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