HKB
6 (return) [ Dion. l. liii. p. 703, &c.]
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. 7 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. 8 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. 9 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.
7 (return) [ Livy Epitom. l. xiv. [c. 27.] Valer. Maxim. vi. 3.]
8 (return) [ See, in the viiith 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.]
9 (return) [ By the lavish but unconstrained suffrages of the people, Pompey had obtained a military command scarcely inferior to that of Augustus. Among the extraordinary acts of power executed by the former we may remark the foundation of twenty-nine cities, and the distribution of three or four millions sterling to his troops. The ratification of his acts met with some opposition and delays in the senate See Plutarch, Appian, Dion Cassius, and the first book of the epistles to Atticus.]