Page:Decline and Fall of the Roman Empire (1827) Vol 1.djvu/97

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OF THE ROMAN EMPIRE.
73

CHAP. III
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would receive them only for ten years. Even before the expiration of that period, he hoped that the wounds of civil discord would be completely healed, and that the republic, restored to its pristine health and vigour, would no longer require the dangerous interposition of so extraordinary a magistrate. The memory of this comedy, repeated several times during the life of Augustus, was preserved to the last ages of the empire, by the peculiar pomp with virhich the perpetual monarchs of Rome always solemnized the tenth years of their reign[1].

Power of the Roman generals.Without any violation of the principles of the constitution, the general of the Roman armies might receive and exercise an authority almost despotic over the soldiers, the enemies, and the subjects of the republic. With regard to the soldiers, the jealousy of freedom had, even from the earliest ages of Rome, given way to the hopes of conquest, and a just sense of military discipline. The dictator, or consul, had a right to command the service of the Roman youth; and to punish an obstinate or cowardly disobedience by the most severe and ignominious penalties, by striking the offender out of the list of citizens, by confiscating his property, and by selling his person into slavery[2]. The most sacred rights of freedom, confirmed by the Porcian and Sempronian laws, were suspended by the military engagement. In his camp the general exercised an absolute power of life and death ; his jurisdiction was not confined by any forms of trial or rules of proceeding, and the execution of the sentence was immediate and without appeal[3]. The choice of the enemies of Rome was regularly decided by the legislative au-
  1. Dion, 1. liii. p. 703, etc.
  2. Livy, Epitom. 1. xiv. Valer. Maxim, vi. 3.
  3. See in the eighth book of Livy, the conduct of Manlius Torquatus and Papirius Cursor. They violated the laws of nature and humanity, but they asserted those of military discipline; and the people, who abhorred the action, was obliged to respect the principle.