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CONSTRUCTIVE FORCES OF THE EMPIRE

Had the age of the empire been merely a period of decay, it certainly would not have had the strength to accomplish a work of civilisation which is practically operative in Latin countries to this day. And as a matter of fact, nothing can be less correct than such an assertion, witnessing, as it does, to a very slight acquaintance with the period in question. Rather must we say that republican Rome would not have been equal to the task; a new empire had to arise, upon a fresh basis, stable at home and strong abroad, assuring and guaranteeing legal protection and security throughout the world, in order to accomplish this pacific mission. The Roman body politic was in the throes of dissolution; in a peaceful reign of half a century Augustus created it anew, and if his work does not bear the stamp of genius, if we cannot exonerate it from the charge of a certain incompleteness, yet with slight modifications it held the Roman empire together for three centuries, and stood the test of practical working. Had Julius Cæsar lived longer, had he been destined to see the realisation of his great projects, he would no doubt have built up a work of greater genius and more homogeneous character, but it is an open question whether it would have proved equally lasting after the death of its creator. Great men make the history of the world, and determine the course of events, but the potent and arbitrary personality, which would fain conjure present and future to serve its will, imposes fetters on the course of subsequent development which later generations cannot and will not endure.

Augustus gave Rome a new system of government-an imperial system. The old Roman constitution, originally intended for a city, admirable as it was, could no longer serve as the basis of a state that had become a worldwide empire; it had, moreover, been completely shattered in the conflicts. of the last century of the republic. To restore the republic was impossible, its obsequies had been celebrated on the fields of Pharsalia and Philippi. After the battle of Actium, which merely decided whether the name of the emperor should be Antonius or Octavian, and, possibly, whether the centre of the new empire should lie in the East or the West, the only question. which could arise was that of the form, not of the essential character, of the new creation.

There can be no doubt that Julius Cæsar would have ascended the throne of Rome as absolute imperator after his return from the Parthian expedition, and Octavian as well had it in his power to claim sovereignty without limitation of any kind, for the whole army and fleet were under his command; but he rested content with a more modest title and took the reins of government, not as imperator but as princeps. He did not found a monarchy but a diarchy, as it has been aptly styled, in which the power was to be permanently divided between the emperor and the senate. It was a compromise with the old republic, a voluntary constitutional limitation of the sovereign prerogative by which all the rights pertaining to the people and the senate legislation no less than legal jurisdiction, the right of coinage no less than the levy of taxation, the disposal of the revenue and expenditure of the state, and finally (after the accession of Tiberius and ostensibly in compliance with a clause in the testamentary dispositions of Augustus), the appointment of magistrates were to appertain, under well-defined rules, in part to the princeps and in part to the senate. The empire was to be elective, as the old Roman monarchy had been; the nomination to the throne was to proceed from the senate, but on the other hand the supreme command

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of the army and fleet was vested in the emperor in virtue of his proconsular authority, which extended over all parts of the empire outside the limits of the city of Rome. The legions were quartered in the provinces under his jurisdiction, while in those governed by the senate, with a few exceptions which soon ceased to be, all that the governors had at their disposal was a very moderate force of auxiliary troops.

We have no reason to doubt the honesty of Augustus' intentions, but it is obvious that all the prerogatives of the senate insured it a fair share in the government only so long as the sovereign chose to respect them. The reign of terror under his successors sufficed to set in the most glaring light the absolute impotence of the senate when opposed to a despot, and overturned

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the neatly balanced system of Augustus. It is easier, we cannot but confess, to blame the author of this system and to demonstrate its impracticability than to put a better in its place. For can it be supposed that if Augustus had set up an absolute monarchy such as Cæsar contemplated, the Romans would have been spared the tyranny of a Caligula or a Nero? Again, if Augustus had handed over to the senate even a share in the command of the army, would the empire have been so much as possible, or would he not immediately have conjured up the demon of civil war? Nor was the co-operation of the senate in the government altogether a failure; it proved salutary under emperors such as Nerva and his successors. The history of all ages goes to prove that chartered rights are of no avail against despots, and what guarantee is there in modern monarchies for the maintenance of a constitution confirmed by oath, except the conscience of the sovereign, and, even more, the steadfast will of the nation, which will endure no curtailment of its rights?

UNFULFILLED POSSIBILITIES

But the Roman nation existed no more, and in the senate under the empire a Cineas would now have seen, not a council of kings, but, like the emperor Tiberius, an assemblage of men prepared to brook any form of servitude. If it had been possible to give legal representation to the Roman citizens in Italy and the romanised provinces, the system devised by Augustus might have been destined to enjoy a longer lease of life. The emperor Claudius, who had some sensible ideas intermingled with his follies, would have admitted Gauls of noble birth to the senate, as Julius Cæsar had done. We can read in Tacitus of the vehement opposition with which this proposal was received by the senators, who would not hear of any diminution of their exclusive class privileges; and even the Spaniard Seneca has nothing but angry scorn for the defunct emperor who wanted to make the whole world a present of the rights of Roman citizenship and "to see all Greeks, Gauls, Spaniards, and Britons, in the toga."

And yet this would have been the only way to infuse fresh sap into the decaying organism, to maintain the vital forces of the senate, to establish the government of the empire on a broader basis, and to bind the nations which had been subdued by the sword to the empire with indissoluble ties. It is true that by the so-called jus Latii which Vespasian bestowed upon the whole of Spain as a testimony to the Romanisation of the country, the magistrates, and after the second century the town-councillors, of such cities as did not enjoy full rights of citizenship, were admitted to the ranks of Roman citizens, a very sensible measure, though of benefit to a limited circle only, by which the best elements of provincial society became Roman citizens.

Full rights of citizenship were also bestowed on the peregrine soldiers when they entered the oriental legions, and on the Vigiles at Rome, and the soldiers of the fleet and auxiliary forces on their discharge. But from the reign of Antoninus Pius onwards this important privilege was not accorded, as before, to the children of these soldiers, but churlishly confined, with few exceptions, to the men themselves; and the bestowal consequently lost its virtue as an agency for the assimilation of the population of the empire; and when, two hundred years after the death of Augustus, the son of the emperor Septimius Severus, who himself had broken with all the national traditions of Rome, granted Roman citizenship to all subjects of the empire, as we are informed (though by authorities which greatly exaggerate the scope of the measure), it was no longer felt as a political privilege but as the outcome of a greedy financial policy.

REFORMS OF AUGUSTUS

The reorganisation of the government by Augustus, open to criticism as it is in many respects, was a blessing to the Roman Empire. The view which prevailed under the republic, that the provinces had been conquered only to be sucked dry by senators and knights, governors and tax-farmers, in league or in rivalry of greed (we have one example out of hundreds in Verres, condemned to immortality by the eloquence of Cicero), this view was laid aside with the advent of the empire, and even if extortion did not wholly cease in the senatorial provinces, yet the provincial administration of the first two centuries A.D. is infinitely superior to the systematic spoliation of the republic. The governors are no longer masters armed with absolute authority, constrained to extort money as fast as possible from the provincials committed to their charge in order to meet debts contracted by their own extravagance and, more especially, by that bribery of the populace which was indispensable to their advancement. They are officials under strict control, drawing from the government salaries fully sufficient to their needs. It was a measure imperatively called for by the altered circumstances of the time and fraught with most important consequences to create, as Augustus did, a class of salaried imperial officials and definitively break with the highminded but wrong-headed principle of the republic by which the higher posts were bestowed as honorary appointments, and none but subordinate officials were paid, thus branding the latter with the stigma of servitude.

It is true that the cautious reformer adopted into his new system of government the old names and the offices which had come down from republican times, with the exception of the censorship and the dictatorship, which last had long been obsolete. But these were intended from the outset to lead but a phantom existence and to take no part in the great task of imperial administration. Augustus drew his own body of officials from the knightly

class, and under the unpretentious titles of procurator and præfect practically committed the whole administration of the empire to their hands, reserving, apart from certain distinguished sinecures in Rome and Italy for the senators the præfecture of the city, all the great governorships except Egypt, and the highest commands in the army. The handsome salaries varying in the later days of the empire from £600 to £3,600 ($3,000 to $18,000)—and the great influence attached to the procuratorial career, which opened the way to the lofty positions of præfect of Egypt and commander of the prætorian guards at Rome, rendered the service very desirable. and highly esteemed.

While the high-born magistrates of the republic entered upon their one year's tenure of office without any training whatsoever, and were, of course, obliged to rely upon the knowledge and trustworthiness of the permanent staff of clerks, recorders and cashiers in their department, there grew up under the empire a professional class of government officials who, schooled by years of experience and continuance in office and supported by a numerous staff recruited from the imperial freedmen and slaves, were in a position to cope with the requirements of a world-wide empire. These procurators, some as governors-in-chief of the smaller imperial provinces, some as assistants to the governors of the greater, watched over the interests of the public exchequer and the emperor's private property, or looked after the imperial buildings and aqueducts, the imperial games, the mint, the corn supply of Rome and the alimentary institutions, the legacies left to the emperors, their castles and demesnes in Italy and abroad-in short, everything that fell within the vast and ever widening sphere of imperial government. Meanwhile the exchequer of the senate dwindled and dwindled, till it finally came to be merely the exchequer of the city of Rome.

Taxation Reforms

The government department which underwent the most important change was that of taxation. And there, again, Augustus with the co-operation of his loyal colleague and friend Agrippa carried out the decisive reform which stood the test of time till at least the middle of the second century in spite of mismanagement and the exactions of despots, and secured the prosperity of the empire during that period. While the indirect taxes, the vectigalia, continued in the main to be levied on the easy but (for the state and still more for its subjects) unprofitable plan of farming them out to companies of publicans, which had come down from republican days—though the publicans were now placed under the strict supervision of the imperial procurators—the_tributa, which was assessed according to a fixed scale partly in money and partly in kind, the poll-tax and the land-tax were thenceforth. levied directly by government officials, and the extortionate tax-farmers were finally banished from this most important branch of the public service.

A necessary condition of such a reform was an accurate knowledge of the empire and its taxable capacity. The census of the whole world did not take place at one and the same time, as the apostle Luke supposed, but the census of Palestine which he records certainly formed part of the survey of the Roman Empire which was gradually proceeded with in the early days of imperial rule, and by which the extent of the country, the nature of the soil, and the number and social position of its inhabitants, were ascertained as a basis for taxation and recruiting. In an inscription found at Berytus an

officer records that by the command of Quirinus, who as governor of Syria took the census of Palestine mentioned by St. Luke, he had ascertained the number of citizens in Apamea in Syria; and numbers of his comrades must in like manner have been employed on this troublesome business in every part of the empire.

According to these statistics the land-tax and the poll-tax, the chief sources of revenue in the empire, were assessed. The latter affected only those who did not possess full rights of citizenship and was always regarded as a mark of subjection in consequence; the burden of the former fell upon all land in the provinces unless by the jus Italicum, which was most sparingly conferred, it was placed on the same footing as the soil of Italy, which was exempted from the tax. But even Italian soil ultimately lost its immunity from taxation; and the introduction of the land tax into Italy, which formed part of Diocletian's reform in this department, marks the reduction of this country, privileged above all others in the constitution of Augustus, to the level of the provinces.

Unfortunately taxation in the early days of the empire is one of the most obscure of subjects, as our sources of information yield nothing much until the reign of Diocletian. But the great discoveries of papyri and quantities of receipt-shards (the so-called ostraca) recently made in Egypt have already thrown some light upon the widely extended and complicated administration of the country, and we may hope for further instruction from the land of the Ptolemies, which exercised a stronger influence than any other upon the administration of the Roman Empire.

We might say much more concerning the reforms by which Augustus and his successors transformed the character of the whole empire; of the organisation of the standing army practically created by Cæsar, which in manifold formations compassed about the motley population of the universal empire of Rome with a firm bond; of the imperial coinage which made the denarius and the Roman gold piece legal tender throughout the Roman world and either did away with local coinage or restricted it to private circulation in the place where it was struck (with the sole exception of Egypt, which occupied a peculiar position in this as in other respects); of the institution of an imperial post, which, though it served almost exclusively the purposes of the magistrates and was long a heavy burden on the provincials, is nevertheless a landmark in the history of international communication; of the opening up of remote provinces by the extended network of roads, on the milestones of which nearly all the emperors since Augustus inscribed their names, especially Trajan, Hadrian, Severus, and Caracalla; of the alimentary institutions originated by Nerva (one of the few government institutions for the public welfare in ancient times), which were intended to subserve both the maintenance of the citizen class and the furtherance of agriculture in Italy. We should gladly dwell upon the further development of Roman law by the council of state organised by Hadrian, after Augustus the greatest reformer on the imperial throne, and on the redaction of the edictum perpetuum carried out at his command by Salvius Julianus, whose full name and career we have but recently learned from an inscription found in Africa, which paved the way for a common law for the whole empire and prepared the great age of jurisprudence at the beginning of the third century, when the springs of creative power in art and literature were almost wholly dried up. But within the narrow limits of this brief survey we must refrain from this, as from a description of the prosperity and decline of the highly developed municipal life of the period, and a sketch of the history of

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