HKB
they had but been prætors. The provinces of Africa and Asia were only given to ex-consuls. See, on the Organization of the Provinces, Dion, liii. 12, 16 Strabo, xvii 840.—W]
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 11 and tribunitian offices, 12 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. 13 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. 131 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.
11 (return) [ Cicero (de Legibus, iii. 3) gives the consular office the name of egia potestas; and Polybius (l. vi. c. 3) observes three powers in the Roman constitution. The monarchical was represented and exercised by the consuls.]