Page:Decline and Fall of the Roman Empire vol 1 (1897).djvu/138

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THE DECLINE AND FALL

of Asia, Greece, and Africa, enjoyed a more honourable character than the lieutenants of the emperor, who commanded in Gaul or Syria. The former were attended by lictors, the latter by soldiers. A law was passed that, wherever the emperor was present, his extraordinary commission should supersede the ordinary jurisdiction of the governor; a custom 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.

The former preserves his military command, and guards, in Rome itself 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.[1] 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 equestrian order, till the homage of flattery was insensibly converted into an annual and solemn protestation of fidelity.

Consular and tribunitian powers 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[2] and tribunitian offices,[3] 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
  1. [The prætorian guards and the fleets (at Ravenna and Misenum) were the two exceptions to the principle that Italy was outside the jurisdiction of the Imperator].
  2. Cicero (de Legibus, iii. 3.) gives the consular office the name of Regia potestas: and Polybius (I. vi. c. 3.) observes three powers in the Roman constitution. The monarchical was represented and exercised by the consuls. [But see Appendix 10.]
  3. As the tribunitian power (distinct from the annual office) was first invented for the dictator Cæsar (Dion, 1. xliv. p. 384 [5]), we may easily conceive, that it was given as a reward for having so nobly asserted, by arms, the sacred rights of the tribunes and people. See his own commentaries, de Bell. Civil. I. i.