CHAPTER 3 The Constitution in the Age of the Antonines

Part I

The obvious definition of a monarchy seems to be that of a state, in which a single person, by whatsoever name he may be distinguished, is intrusted with the execution of the laws, the management of the revenue, and the command of the army. But, unless public liberty is protected by intrepid and vigilant guardians, the authority of so formidable a magistrate will soon degenerate into despotism. The influence of the clergy, in an age of superstition, might be usefully employed to assert the rights of mankind; but so intimate is the connection between the throne and the altar, that the banner of the church has very seldom been seen on the side of the people. A martial nobility and stubborn commons, possessed of arms, tenacious of property, and collected into constitutional assemblies, form the only balance capable of preserving a free constitution against enterprises of an aspiring prince.

Every barrier of the Roman constitution had been levelled by the vast ambition of the dictator; every fence had been extirpated by the cruel hand of the triumvir. After the victory of Actium, the fate of the Roman world depended on the will of Octavianus, surnamed Caesar, by his uncle's adoption, and afterwards Augustus, by the flattery of the senate. The conqueror was at the head of forty-four veteran legions, conscious of their own strength, and of the weakness of the constitution, habituated, during twenty years' civil war, to every act of blood and violence, and passionately devoted to the house of Caesar, from whence alone they had received, and expected the most lavish rewards. The provinces, long oppressed by the ministers of the republic, sighed for the government of a single person, who would be the master, not the accomplice, of those petty tyrants. The people of Rome, viewing, with a secret pleasure, the humiliation of the aristocracy, demanded only bread and public shows; and were supplied with both by the liberal hand of Augustus. The rich and polite Italians, who had almost universally embraced the philosophy of Epicurus, enjoyed the present blessings of ease and tranquillity, and suffered not the pleasing dream to be interrupted by the memory of their old tumultuous freedom. With its power, the senate had lost its dignity; many of the most noble families were extinct. The republicans of spirit and ability had perished in the field of battle, or in the proscription. The door of the assembly had been designedly left open, for a mixed multitude of more than a thousand persons, who reflected disgrace upon their rank, instead of deriving honor from it.

The reformation of the senate was one of the first steps in which Augustus laid aside the tyrant, and professed himself the father of his country. He was elected censor; and, in concert with his faithful Agrippa, he examined the list of the senators, expelled a few members, whose vices or whose obstinacy required a public example, persuaded near two hundred to prevent the shame of an expulsion by a voluntary retreat, raised the qualification of a senator to about ten thousand pounds, created a sufficient number of patrician families, and accepted for himself the honorable title of Prince of the Senate, which had always been bestowed, by the censors, on the citizen the most eminent for his honors and services. But whilst he thus restored the dignity, he destroyed the independence, of the senate. The principles of a free constitution are irrecoverably lost, when the legislative power is nominated by the executive.

Before an assembly thus modelled and prepared, Augustus pronounced a studied oration, which displayed his patriotism, and disguised his ambition. "He lamented, yet excused, his past conduct. Filial piety had required at his hands the revenge of his father's murder; the humanity of his own nature had sometimes given way to the stern laws of necessity, and to a forced connection with two unworthy colleagues: as long as Antony lived, the republic forbade him to abandon her to a degenerate Roman, and a barbarian queen. He was now at liberty to satisfy his duty and his inclination. He solemnly restored the senate and people to all their ancient rights; and wished only to mingle with the crowd of his fellowcitizens, and to share the blessings which he had obtained for his country."

It would require the pen of Tacitus (if Tacitus had assisted at this assembly) to describe the various emotions of the senate, those that were suppressed, and those that were affected. It was dangerous to trust the sincerity of Augustus; to seem to distrust it was still more dangerous. The respective advantages of monarchy and a republic have often divided speculative inquirers; the present greatness of the Roman state, the corruption of manners, and the license of the soldiers, supplied new arguments to the advocates of monarchy; and these general views of government were again warped by the hopes and fears of each individual. Amidst this confusion of sentiments, the answer of the senate was unanimous and decisive. They refused to accept the resignation of Augustus; they conjured him not to desert the republic, which he had saved. After a decent resistance, the crafty tyrant submitted to the orders of the senate; and consented to receive the government of the provinces, and the general command of the Roman armies, under the well-known names of Proconsul and Imperator. But he would receive them only for ten years. Even before the expiration of that period, he hope that the wounds of civil discord would be completely healed, and that the republic, restored to its pristine health and vigor, 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 which the perpetual monarchs of Rome always solemnized the tenth years of their reign.

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.

From what has already been observed in the first chapter of this work, some notion may be formed of the armies and provinces thus intrusted to the ruling hand of Augustus. But as it was impossible that he could personally command the regions of so many distant frontiers, he was indulged by the senate, as Pompey had already been, in the permission 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 action was legally attributed. They were the representatives of the emperor. The emperor alone was the general of the republic, and his jurisdiction, civil as well as military, extended over all the conquests of Rome. It was some satisfaction, however, to the senate, that he always delegated his power to the members of their body. The imperial lieutenants were of consular or praetorian dignity; the legions were commanded by senators, and the praefecture of Egypt was the only important trust committed to a Roman knight.

Within six days after Augustus had been compelled to accept so very liberal a grant, he resolved to gratify the pride of the senate by an easy sacrifice. He represented to them, that they had enlarged his powers, even beyond that degree which might be required by the melancholy condition of the times. They had not permitted him to refuse the laborious command of the armies and the frontiers; but he must insist on being allowed to restore the more peaceful and secure provinces to the mild administration of the civil magistrate. In the division of the provinces, Augustus provided for his own power and for the dignity of the republic. The proconsuls of the senate, particularly those of Asia, Greece, and Africa, enjoyed a more honorable 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 favorite 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 equestrian order, till the homage of flattery was insensibly converted into an annual and solemn protestation of fidelity.

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, 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 care; and though they seldom had leisure to administer justice in person, they were considered as the supreme guardians of law, equity, and the public peace. Such was their ordinary jurisdiction; but whenever the senate empowered the first magistrate to consult the safety of the commonwealth, he was raised by that decree above the laws, and exercised, in the defence of liberty, a temporary despotism. The character of the tribunes was, in every respect, different from that of the consuls. The appearance of the former was modest and humble; but their persons were sacred and inviolable. Their force was suited rather for opposition than for action. They were instituted to defend the oppressed, to pardon offences, to arraign the enemies of the people, and, when they judged it necessary, to stop, by a single word, the whole machine of government. As long as the republic subsisted, the dangerous influence, which either the consul or the tribune might derive from their respective jurisdiction, was diminished by several important restrictions. Their authority expired with the year in which they were elected; the former office was divided between two, the latter among ten persons; and, as both in their private and public interest they were averse to each other, their mutual conflicts contributed, for the most part, to strengthen rather than to destroy the balance of the constitution. But when the consular and tribunitian powers were united, when they were vested for life in a single person, when the general of the army was, at the same time, the minister of the senate and the representative of the Roman people, it was impossible to resist the exercise, nor was it easy to define the limits, of his imperial prerogative.

To these accumulated honors, the policy of Augustus soon added the splendid as well as important dignities of supreme pontiff, and of censor. By the former he acquired the management of the religion, and by the latter a legal inspection over the manners and fortunes, of the Roman people. If so many distinct and independent powers did not exactly unite with each other, the complaisance of the senate was prepared to supply every deficiency by the most ample and extraordinary concessions. The emperors, as the first ministers of the republic, were exempted from the obligation and penalty of many inconvenient laws: they were authorized to convoke the senate, to make several motions in the same day, to recommend candidates for the honors of the state, to enlarge the bounds of the city, to employ the revenue at their discretion, to declare peace and war, to ratify treaties; and by a most comprehensive clause, they were empowered to execute whatsoever they should judge advantageous to the empire, and agreeable to the majesty of things private or public, human of divine.

When all the various powers of executive government were committed to the Imperial magistrate, the ordinary magistrates of the commonwealth languished in obscurity, without vigor, and almost without business. The names and forms of the ancient administration were preserved by Augustus with the most anxious care. The usual number of consuls, praetors, and tribunes, were annually invested with their respective ensigns of office, and continued to discharge some of their least important functions. Those honors still attracted the vain ambition of the Romans; and the emperors themselves, though invested for life with the powers of the consul ship, frequently aspired to the title of that annual dignity, which they condescended to share with the most illustrious of their fellow-citizens. In the election of these magistrates, the people, during the reign of Augustus, were permitted to expose all the inconveniences of a wild democracy. That artful prince, instead of discovering the least symptom of impatience, humbly solicited their suffrages for himself or his friends, and scrupulously practised all the duties of an ordinary candidate. But we may venture to ascribe to his councils the first measure of the succeeding reign, by which the elections were transferred to the senate. The assemblies of the people were forever abolished, and the emperors were delivered from a dangerous multitude, who, without restoring liberty, might have disturbed, and perhaps endangered, the established government.

By declaring themselves the protectors of the people, Marius and Caesar had subverted the constitution of their country. But as soon as the senate had been humbled and disarmed, such an assembly, consisting of five or six hundred persons, was found a much more tractable and useful instrument of dominion. It was on the dignity of the senate that Augustus and his successors founded their new empire; and they affected, on every occasion, to adopt the language and principles of Patricians. In the administration of their own powers, they frequently consulted the great national council, and seemed to refer to its decision the most important concerns of peace and war. Rome, Italy, and the internal provinces, were subject to the immediate jurisdiction of the senate. With regard to civil objects, it was the supreme court of appeal; with regard to criminal matters, a tribunal, constituted for the trial of all offences that were committed by men in any public station, or that affected the peace and majesty of the Roman people. The exercise of the judicial power became the most frequent and serious occupation of the senate; and the important causes that were pleaded before them afforded a last refuge to the spirit of ancient eloquence. As a council of state, and as a court of justice, the senate possessed very considerable prerogatives; but in its legislative capacity, in which it was supposed virtually to represent the people, the rights of sovereignty were acknowledged to reside in that assembly. Every power was derived from their authority, every law was ratified by their sanction. Their regular meetings were held on three stated days in every month, the Calends, the Nones, and the Ides. The debates were conducted with decent freedom; and the emperors themselves, who gloried in the name of senators, sat, voted, and divided with their equals. To resume, in a few words, the system of the Imperial government; as it was instituted by Augustus, and maintained by those princes who understood their own interest and that of the people, it may be defined an absolute monarchy disguised by the forms of a commonwealth. The masters of the Roman world surrounded their throne with darkness, concealed their irresistible strength, and humbly professed themselves the accountable ministers of the senate, whose supreme decrees they dictated and obeyed.

The face of the court corresponded with the forms of the administration. The emperors, if we except those tyrants whose capricious folly violated every law of nature and decency, disdained that pomp and ceremony which might offend their countrymen, but could add nothing to their real power. In all the offices of life, they affected to confound themselves with their subjects, and maintained with them an equal intercourse of visits and entertainments. Their habit, their palace, their table, were suited only to the rank of an opulent senator. Their family, however numerous or splendid, was composed entirely of their domestic slaves and freedmen. Augustus or Trajan would have blushed at employing the meanest of the Romans in those menial offices, which, in the household and bedchamber of a limited monarch, are so eagerly solicited by the proudest nobles of Britain.

The deification of the emperors is the only instance in which they departed from their accustomed prudence and modesty. The Asiatic Greeks were the first inventors, the successors of Alexander the first objects, of this servile and impious mode of adulation. It was easily transferred from the kings to the governors of Asia; and the Roman magistrates very frequently were adored as provincial deities, with the pomp of altars and temples, of festivals and sacrifices. It was natural that the emperors should not refuse what the proconsuls had accepted; and the divine honors which both the one and the other received from the provinces, attested rather the despotism than the servitude of Rome. But the conquerors soon imitated the vanquished nations in the arts of flattery; and the imperious spirit of the first Caesar too easily consented to assume, during his lifetime, a place among the tutelar deities of Rome. The milder temper of his successor declined so dangerous an ambition, which was never afterwards revived, except by the madness of Caligula and Domitian. Augustus permitted indeed some of the provincial cities to erect temples to his honor, on condition that they should associate the worship of Rome with that of the sovereign; he tolerated private superstition, of which he might be the object; but he contented himself with being revered by the senate and the people in his human character, and wisely left to his successor the care of his public deification. A regular custom was introduced, that on the decease of every emperor who had neither lived nor died like a tyrant, the senate by a solemn decree should place him in the number of the gods: and the ceremonies of his apotheosis were blended with those of his funeral. This legal, and, as it should seem, injudicious profanation, so abhorrent to our stricter principles, was received with a very faint murmur, by the easy nature of Polytheism; but it was received as an institution, not of religion, but of policy. We should disgrace the virtues of the Antonines by comparing them with the vices of Hercules or Jupiter. Even the characters of Caesar or Augustus were far superior to those of the popular deities. But it was the misfortune of the former to live in an enlightened age, and their actions were too faithfully recorded to admit of such a mixture of fable and mystery, as the devotion of the vulgar requires. As soon as their divinity was established by law, it sunk into oblivion, without contributing either to their own fame, or to the dignity of succeeding princes.

In the consideration of the Imperial government, we have frequently mentioned the artful founder, under his well-known title of Augustus, which was not, however, conferred upon him till the edifice was almost completed. The obscure name of Octavianus he derived from a mean family, in the little town of Aricia. It was stained with the blood of the proscription; and he was desirous, had it been possible, to erase all memory of his former life. The illustrious surname of Caesar he had assumed, as the adopted son of the dictator: but he had too much good sense, either to hope to be confounded, or to wish to be compared with that extraordinary man. It was proposed in the senate to dignify their minister with a new appellation; and after a serious discussion, that of Augustus was chosen, among several others, as being the most expressive of the character of peace and sanctity, which he uniformly affected. Augustus was therefore a personal, Caesar a family distinction. The former should naturally have expired with the prince on whom it was bestowed; and however the latter was diffused by adoption and female alliance, Nero was the last prince who could allege any hereditary claim to the honors of the Julian line. But, at the time of his death, the practice of a century had inseparably connected those appellations with the Imperial dignity, and they have been preserved by a long succession of emperors, Romans, Greeks, Franks, and Germans, from the fall of the republic to the present time. A distinction was, however, soon introduced. The sacred title of Augustus was always reserved for the monarch, whilst the name of Caesar was more freely communicated to his relations; and, from the reign of Hadrian, at least, was appropriated to the second person in the state, who was considered as the presumptive heir of the empire.