History of the Decline and Fall of the Roman Empire — Volume 1Gibbon, Edward
History
History of the Decline and Fall of the Roman Empire — Volume 1
Gibbon, Edward
Byzantine Empire -- History -- To 527; Rome -- History -- Empire, 30 B.C.-476 A.D.
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. 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. The choice of the
enemies of Rome was regularly decided by the legislative
authority. The most important resolutions of peace and war were
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 general assumed the liberty of directing
them against whatever people, and in whatever manner, they judged
most advantageous for the public service. It was from the
success, not from the justice, of their enterprises, that they
expected the honors of a triumph. In the use of victory,
especially after they were no longer controlled by the
commissioners of the senate, they exercised the most unbounded
despotism. When Pompey commanded in the East, he rewarded his
soldiers and allies, dethroned princes, divided kingdoms, founded
colonies, and distributed the treasures of Mithridates. On his
return to Rome, he obtained, by a single act of the senate and
people, the universal ratification of all his proceedings. Such
was the power over the soldiers, and over the enemies of Rome,
which was either granted to, or assumed by, the generals of the
republic. They were, at the same time, the governors, or rather
monarchs, of the conquered provinces, united the civil with the
military character, administered justice as well as the finances,
and exercised both the executive and legislative power of the
state.
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