PRÆFECTUS ÆGYPTI

PROCURATOR CÆSARIS.

149 The Governor of Egypt was usually called PRÆFECTUS, Suet. Vesp. 6., or Præfectus Augustalis, Digest., and was the first imperatorial legate that was appointed.

There was said to be an ancient prediction concerning Egypt, that it would recover its liberty when the Roman fasces and prætexta should come to it, Cic. Fam. i. 7. Trebell. Poll. in Emilian. Augustus, artfully converting this to his own purpose, claimed that province to himself, and, discharging a senator from going to it without permission, Dio. li. 17., he sent thither a governor of equestrian rank, without the usual ensigns of authority, Tacit. Ann. ii. 59. Suet. Tib. 53. To him was joined a person to assist in administering justice, called JURIDICUS ALEXANDRINE CIVITATIS, Pandect. ( dixandóτns, Strabo, xvii. p. 797.)

The first præfect of Egypt was Cornelius Gallus, Virgil in his last eclogue, and by Ovid, Amor. i. 15. 29. Egyptus Romanum judicem habuit, Eutrop. vii. 7.) Dio. li. 17.

celebrated by (Hunc primum Suet. Aug. 66.

The legates of the emperor were chosen from among the senators, but the præfect of Egypt only from the Equites, Tacit. xii. 60. Dio. liii. 13. Tiberius gave that charge to one of his freedmen, Dio. lviii. 19. The Legati Cæsaris wore a military dress and a sword, and were attended by soldiers instead of lictors. They had much greater powers than the proconsuls, and continued in command during the pleasure of the emperor, Dio. liii. 13.

In each province, besides the governor, there was an officer called PROCURATOR CÆSARIS, Tacit. Agric. 15., or curator, and in later times rationalis, who managed the affairs of the revenue (qui res fisci curabat: publicos reditus colligebat et erogabat), and also had a judicial power in matters that concerned the revenue, Suet. Claud. 12., whence that office was called procuratio amplissima, Suet. Galb. 15. These Procurators were chosen from among the Equites, and sometimes from freedmen, Dio. lii. 25. They were sent not only into the provinces of the emperor, but also into those of the senate and people, Dio. liii. 15.

Sometimes a Procurator discharged the office of a governor (vice præsidis fungebatur), especially in a small province, or in a part of a large province, where the governor could not be present; as Pontius Pilate did, who was procurator or præpositus (Suet. Vesp. 4.) of Judæa, which was annexed to the province of Syria, Tacit. Annal. xii. 23. Hence he had the power of punishing capitally, ibid. xv. 44., which the procuratores did not usually possess, ib. iv. 15.

To all these magistrates and officers Augustus appointed different salaries, according to their respective dignity, Dio. liii. 15. Those who received 200 sestertia were called DUCEnarii; 100, cENTENARII; sixty, SEXAGENARII, &c. Capitolin. in Pertinac. c. 2. A certain sum was given them for mules and tents, which used formerly to be afforded at the public expense, Suet. Aug. 36.

All these alterations and arrangements were made in appearance by public authority, but in fact by the will of Augustus.

150

RE-ESTABLISHMENT OF MONARCHY.

RE-ESTABLISHMENT OF MONARCHY UNDER AUGUSTUS; TITLES, BADGES, AND POWERS OF THE EMPERORS. THE monarchical form of government established by Augustus, although different in name and external appearance, in several respects resembled that which had prevailed under the kings. Both were partly hereditary, and partly elective. The choice of the kings depended on the senate and people at large; that of the emperors, chiefly on the army. When the former abused their power, they were expelled; the latter were often put to death; but the interests of the army being separate from those of the state, occasioned the continuation of despotism. According to Pomponius de origine juris, D. i. 2. 14., REGES OMNEM POTESTATEM HABUISSE, their rights were the same. But the account of Dionysius and others is different. (See p. 98.)

As Augustus had become master of the republic by force of arms, he might have founded his right to govern it on that basis, as his grand uncle and father by adoption, Julius Cæsar, had done. But the apprehension he always entertained of Cæsar's fate made him pursue a quite different course. The dreadful destruction of the civil wars, and the savage cruelty of the Triumviri, had cut off all the keenest supporters of liberty, Tacit. Ann. i. 2., and had so humbled the spirit of the Romans, that they were willing to submit to any form of government rather than hazard a repetition of former calamities (tuta et præsentia quam vetera et periculosa malebant, ibid.). The empire was now so widely extended, the number of those who had a right to vote in the legislative assemblies so great (the Romans having never employed the modern method of diminishing that number by representation), and the morals of the people so corrupt, that a republican form of government was no longer fitted to conduct so unwieldy a machine. The vast intermixture of inhabitants which composed the capital, and the numerous armies requisite to keep the provinces in subjection, could no longer be controlled but by the power of one. Had Augustus possessed the magnanimity and wisdom to lay himself and his successors under proper restraints against the abuse of power, his descendants might have long enjoyed that exalted station to which his wonderful good fortune and the abilities of others had raised him. Had he, agreeably to his repeated declarations, wished for command only to promote the happiness of his fellow-citizens, he would have aimed at no more power than was necessary for that purpose. But the lust of dominion, although artfully disguised, appears to have been the ruling passion of his mind (specie recusantis flagrantissimè cupiverat), Tacit. Ann. i. 2, 3. 10.

Upon his return to Rome, after the conquest of Egypt, and the death of Antony and Cleopatra, A. U. 725, he is said to have seriously deliberated with his two chief favourites, Agrippa and Mæcenas, about resigning his power, and restoring the ancient form of government. Agrippa advised him to do so, but Mæcenas dissuaded him from it. In the speeches which Dio Cassius makes them deliver on this occasion, the principal arguments for and against the popular and monarchical government are introduced, lii. The advice of Maecenas prevailed, ib. 41. Augustus, however, in the following year, having

SERVILITY OF THE SENATE.

151

corrected the abuses which had crept in during the civil wars, Suet. Aug. 32., and having done several other popular acts, assembled the senate, and in a set speech pretended to restore every thing to them and to the people. But several members, who had been previously prepared, exclaimed against this proposal; and the rest, either prompted by opinion or overawed by fear, all with one voice conjured him to retain the command. Upon which, as if unequal to the load, he appeared to yield a reluctant compliance, and that only for ten years; during which time he might regulate the state of public affairs (rempublicam ordinaret); thus seeming to rule, as if by constraint, at the earnest desire of his fellow-citizens, which gave his usurpation the sanction of law.*

This farce he repeated at the end of every ten years, Dio. liii. 46.; but the second time, A. U. 736, he accepted the government only for five years, saying that this space of time was then sufficient, Id. liv. 12., and when it was elapsed, for five years more, Id. liii. 16.; but after that, always for ten years, Id. lv. 6. He died in the first year of the fifth decennium, the 19th of August, (xiv. Kal. Sept.) A. U. 767, aged near 76 years; having ruled alone near 44 years. The succeeding emperors, although at their accession they received the empire for life, yet at the beginning of every ten years used to hold a festival, as if to commemorate the renewal of the empire, Dio. liii. 10.

As the senate by their misconduct (see p. 128.) had occasioned the loss of liberty, so by their servility to Augustus they established tyranny (Ruere in servitutem consules, patres, eques, as Tacitus says upon the accession of Tiberius, Annal. i. 7.). Upon his feigned offer to resign the empire, they seem to have racked their invention to contrive new honours for him. To the names of IMPERATOR, Dio. xliii. 44., CÆSAR, Id. xlvi. 47., and PRINCE (PRINCEPS Senatus), liii. 1., which they had formerly conferred, they added those of AUGUSTUS (venerandus v. -abilis, ab augur, quasi inauguratus vel consecratus ; ideoque Diis carus; cultu divino afficiendus, σebaσròs, Pausan. iii. 11. vel ab augeo; quam suâ Jupiter auget ope, Ovid. Fast. i. 612. Suet. Aug. 7. Dio. liii. 16.), and Father of his Country (PATER PATRIA),

We may observe, that all the power which was conferred upon Augustus (after he had made a tender of his resignation) was conferred upon him through the medium of the old official terms. Thus he was invested with the consulship, which gave him the control over the legions and finances; and with the office of tribune, which had hitherto been considered as incompatible with that of consul, inasmuch as it had been erected in the early ages of the republic against consular authority and the encroachments of the patricians. To these accumulated honours he soon added the dignity of supreme pontiff, and thus became the head of their religion; he was also invested with the power, although he declined the title, of censor, and thus became the superintendent of their morals. The government of the provinces devolved upon him, which he administered through the medium of lieutenants (legati), over whom he had the exclusive control. As a return for this multiplicity of honours, he divided the provinces betwixt the senate and himself: a law, however, was passed, that, whereever the emperor was present, his extraordinary commission should supersede the ordinary jurisdiction of the governor; the new conquests were considered, by custom, as always belonging to the imperial portion, and thus the authority of the senate was more nominal than real. The legions were distributed throughout the various provinces of the empire, not so much for the sake of preserving the peace, as concealing from them their real strength; and he introduced a garrison into the city, under the pretence that disturbances had taken place at the elections.

Suet. 3. Ond. Fut. i. 12. Pine. b. 9. vit. Inst. iv. 4. 13, &c. This one had been intenso Cicers by the senate, after his suppression of Catites consouracy; BOCA PATRIM PATRIE CICERONEM LIBERA D.TIT. Jirenci, vodah Favbu by the advice of Cato, Appian. B. Cmit. He a Ceste of Catulus, as Cicero himser art. Pu. 1. It was text decreed to Jus Cæsar, Suet. 76. Din. x 27. by and some of his coins are still extant with that inscription. Cicers proposed that it should be given to Augustus when yet very young. Pad x 11. It was refused by Tiberius. Tac. Ann. i. 72. Suet. 67- as aso the title of IMPERATOR. Id. S. and DOMINUS, 57. Dio. Ivill. 2. see p. 34.. but most of the succeeding emperors accepted it. Tacit. Ann. xi 25.

The title of PATER PATRIE denoted chiefly the paternal affection which it became the emperors to entertain towards their subjects; and also that power which, by the Roman law, a father had over his children, Dio. lii. 18. Senec. Clem. i. 14.

CASAR was properly a family title. Dio. ibid. Suet. Galb. 1. According to Dio, it also denoted power, xliii. 44. In later times, it signified the person destined to succeed to the empire, or assumed into a share of the government during the life of the emperor, who himself was always called AUGUSTUS, Spartian. in Elio Vero, 2., which was a title of splendour and dignity, not of power, Dio. liii. 18.

Augustus is said to have first desired the name of ROMULUS, that he might be considered as a second founder of the city; but perceiving that thus he should be suspected of aiming at sovereignty, he dropt all thoughts of it, Dio. liii. 16., and accepted the title of AUGUSTUS, the proposer of which in the senate was Munatius Plancus, Suet. Aug. 7. Vell. ii. 91. Servius says, that Virgil, in allusion to this desire of Augustus, describes him under the name of QUIRINUS, Æn. i. 296. G. iii. 27.

The chief title which denoted command was IMPERATOR, Dio. xliii. 44. By this the successors of Augustus were peculiarly distinguished. It was equivalent to REX, Dio. liii. 17. In modern times it is reckoned superior.

The title of Imperator, however, continued to be conferred on victorious generals as formerly; but chiefly on the emperors themselves, as all generals were supposed to act under their auspices, Horat. Od. iv. 14. 32. Ovid. Trist. ii. 173. Under the republic the appellation of Imperator was put after the name; as CICERO IMPERATOR, Cic. Ep. passim; but the title of the emperors usually before, as a prænomen, Suet. Tib. 26. Thus, the following words are inscribed on an ancient stone, found at Ancyra, now Angouri (in lapide Ancyrano), in Asia Minor:-IMP. CÆSAR DIVI F. AUG. PONT. MAX. Cos. XIV. IMP. XX. TRIBUNIC, POTEST. XXXVIII.—The Emperor Cæsar, the adopted son of (Julius Cæsar, called) Divus (after his deification); Augustus the high-priest (an office which he assumed after the death of Lepidus, A. U. 741, Dio. liv. 27.), fourteen times Consul, twenty times (saluted) Imperator, (on account of his victories. Dio says he obtained this honour in all 21 times, lii. 41. Thus Tacitus, Nomen IMPERATORIS semel atque vicies partum, Ann. i. 9.) in the 35th year of his tribunition power (from the time when he was first invested with it by the senate, A. U. 724, Dio, li. 19.). So that this inscription was made above five years before his death.

POWERS CONFERRED ON AUGUSTUS.

153

The night after Cæsar was called AUGUSTUS, the Tiber happened to overflow its banks, so as to render all the level parts of Rome navigable, Dio. liii. 20. Tacit. Annal. i. 76., to which Horace is supposed to allude, Od. i. 2. This event was thought to prognosticate his future greatness. Among the various expressions of flattery then used to the emperor, that of Pacuvius, a tribune of the commons, was remarkable; who in the senate devoted himself to Cæsar, after the manner of the Spaniards, Val. Max. ii. 6. 11., and Gauls (DEVOTOS illi SOLDURIOS appellant, Cæs. Bell. Gall. iii. 23.), and exhorted the rest of the senators to do the same. Being checked by Augustus, he rushed forth to the people, and compelled many to follow his example. Whence it became a custom for the senators, when they congratulated any emperor on his accession to the empire, to say, that they were devoted to his service, Dio. ibid.

Macrobius informs us, that it was by means of this tribune (Pacuvio tribuno plebem rogante) that an order of the people (plebiscitum) was made appointing the month Sextilis to be called AuGUSTUS, Sat. i. 12.

The titles given to Justinian in the Corpus Juris are, in the Institutes, SACRATISSIMUS PRINCEPS, and IMPERATORIA MAJESTAS; in the Pandects, DOMINUS NOSTER SACRATISSIMUS PRINCEPS; and the same in the Codex, with this addition, PERPETUUS AUGUSTUS. These titles are still retained by the Emperor of Germany. *

The powers conferred on Augustus as emperor were, to levy armies, to raise money, to undertake wars, to make peace, to command all the forces of the republic, to have the power of life and death within as well as without the city; and to do every thing else which the consuls and others invested with supreme command had a right to do, Dio. liii. 17. †

In the year of the city 731, the senate decreed that Augustus should be always proconsul, even within the city; and in the provinces should enjoy greater authority than the ordinary proconsuls, Dio. liii. 32. Accordingly he imposed taxes on the provinces, rewarded and punished them as they had favoured or opposed his cause, and prescribed such regulations to them as he himself thought proper, Dio. liv. 7. 9. 25.

In the year 735, it was decreed, that he should always enjoy consular power, with 12 lictors, and sit on a curule chair between the consuls. The senators at the same time requested that he would undertake the rectifying of all abuses, and enact what laws he thought proper; offering to swear that they would observe them, whatever they should be. This Augustus declined, well knowing, says Dio, that they would perform what they cordially decreed without an oath; but not on the contrary, although they bound themselves by a thousand oaths, Dio. liv. 10.

The multiplying of oaths always renders them less sacred, and "But this dignity is now abolished, the state of Germany being changed."

Dr. Adam.

The right of appeal to the people (provocatio) became extinct by the military power which the title of imperator conferred on Augustus. For it was an old maxim of the Roman law, that from the sentence of a general in actual service, there was no appeal. Cic. de Legg. iii. 3. Militiæ, ab eo, qui imperavit, provocatio ne esto; quodque is, qui bellum geret, imperassit, jus ratumque esto.