The Power of the Roman Generals

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.

Continuing Roman Empire’s Government,
our selection from The History of the Decline and Fall of the Roman Empire by Edward Gibbon published in 1776. The selection is presented in eight easy 5-minute installments. For works benefiting from the latest research see the “More information” section at the bottom of these pages.

Previously in Roman Empire’s Government.

Time: 2nd. Century (100-200)

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 entrusted 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.

More information here and here, and below.