cording to their own laws. The islands of Sicily f and Sardinia, when Roman provinces, used their own laws. The Grecian cities both in Europe and Asia had their liberty and laws preserved to them when the Romans vanquished Philip king of Macedonia", which were restored again to the Phocæenses, when their city was taken by Æmilius Scaurus, in the war with Antiochus: for they had fallen off from the Romans to that king. To the Macedonians, after the Romans had taken Perseus their king, it was granted that they should use their own laws, choosing their magistrates every yeark. The

e Ut liberi legibus suis viverent; quas urbes, quosque agros, quibusque finibus ante bellum tenuissent, tenerent. Livii, 1. 30. c. 37. Ἔθεσι καὶ νόμοις χρῆσθαι τοῖς ἰδίοις. Polyb. 1. 15. p. 705, Β. Δίδωσιν αὐτοῖς ἡ σύγκλητος τὴν τ' ἐλευθερίαν, καὶ τοὺς νόμους, ἔτι δὲ τὴν Xãpay anаσav. Excerpt. Legat. 142. p. 973, fin.

f Siculi hoc jure sunt, ut, quod civis cum cive agat, domi certet suis legibus. Cic. in Ver. 1. 2. c. 13, pr.

8 Diodor. Sicul. 1. 5. p. 296, a. Méxpi Toữ vữv avtovoμíav toîę èyχωρίοις ἀσάλευτον φυλάξαι, et p. 297, pr. Διεφύλαξε τὴν ἐλευθερίαν μέχρι τῶν καθ ̓ ἡμᾶς χρόνων. The historian indeed tells us that neither Carthaginians nor Romans were able to take it from them; but I think it more probable that it was the voluntary grant of the latter.

h Omnes Græcorum civitates, quæ in Europa, quæque in Asia essent, libertatem ac suas leges haberent. Livii, 1. 33. c. 32, pr. Vid. et l. 34. c. 22, prop. fin. Ελευθέρους ὑπάρχειν, καὶ νόμοις χρῆσθαι Tos idios. Polyb. Excerpt. Leg. 9. p. 795.

i Urbem agrosque, et suas leges restituit. Liv. l. 37, 9. et 32. Phocæensibus et ager quam ante bellum habuerunt, redditus; et ut legibus antiquis uterentur, permissum. L. 38. c. 39. 'Aπéowкay δὲ καὶ Φωκαιεῦσι τὸ πάτριον πολίτευμα, καὶ τὴν χώραν ἣν καὶ πρότερον εἶχον. Polyb. Excerpt. Legat. 36. p. 844, fin.

* Omnium primum liberos esse placebat Macedonas atque Illyrios. Liv. 1. 45. c. 18. et 22. Habentes urbes easdem agrosque,

Illyrians', Galatians ", and Phrygians" had the same liberty. In Syria, Antioch, Gaza, Joppa, Dora, Cæsarea P, Seleucia 1, Tyre, and Sidon ', were free cities, with many other places. In a word, there were some provinces, the greatest part of which, if not the whole, were allowed to live according to their own laws. And there was scarce any one province in which there were not large districts and many cities which had the same liberty. Now if it was so common a thing with the Romans to grant a conquered people the choice of their own magistrates, and the use of their own laws, why may it not be thought that this was allowed by them in Judæa? why must we suppose that they were placed in a worse condition than so great a number of other countries? That the Carthaginians, after the second utentes legibus suis, annuos creantes magistratus, c. 29. Tãy dè δέκα πρεσβέων ἐκ Ρώμης ἀφικομένων, Μακεδόσι μὲν ἀπέδωκε τὴν χώραν καὶ τὰς πόλεις ἐλευθέρας οἰκεῖν καὶ αὐτονόμους. Plut. in #mil. p. 270, Β. Liv. 1. 45. c. 26. Senatum populumque Romanum Illyrios esse liberos jubere.

- Τοῖς παρὰ τῶν ἐκ τῆς ̓Ασίας Γαλατῶν πρεσβυταῖς συνεχώρησαν τὴν αὐτονομίαν μένουσιν ἐν ταῖς ἰδίαις κατοικίαις, καὶ μὴ στρατευομένοις ἐκτὸς Ty lois pav. Polyb. Excerpt. Leg. 102.

p. 208, D.

αὐτόνομον μεθῆκεν, scil. ή βουλή, Appian. de Bell.

• Joan. Malala Chron. 1. 9. p. 278, pr.

P Jos. Antiq. l. 14. c. 4. §. 4, fin.

q Strabo, 1. 16. p. 751, D. Eutrop. l. 6. c. 14. p. 249.

Jos. Antiq. 1. 15. c. 4. §. 1, fin. Vid. et Noris. Epoch. Syr. Mac. Diss. 5. c. 3. Spanh. Orb. Rom. p. 330-1.

Such as Sicily, Sardinia, and some time possibly Achaia, Asia, Cyprus.

* The Jews were in hopes that an argument of this kind would prevail even with Caligula himself not to violate their laws; "H περὶ τοῦ μὴ πάντων, καὶ τῶν ἐν ἐσχατιαῖς ἐθνῶν, οἷς τετήρηται τὰ πάτρια, čnattov évéykaoba.. Philo de Legat. ad Caium, p. 1026, E.

Punic war, had the power of executing their own laws, even where the punishments were capital, I believe no learned man ever yet doubted; or that the Grecians had that power after the war with Philip. What hinders then from concluding the same with regard to all those places to which the Romans granted their own magistrates and their own laws? when the very same phrases are used by classic writers in speaking of the one, as are made use of by them when speaking of the other, what should prevent our understanding them in the same sense? or let it be shewn when these words began to vary their signification. I would also know if the Macedonian magistrates had not the power of inflicting corporal punishments and death upon malefactors, how it was possible to preserve the peace of that country when the Roman governor, who was among them, was without that power. Cicero, if I mistake him not, expressly says that such governors were sent thither in his time, and that the peace of the province was kept by the power it had within itself, i. e. by the vigilance of the magistrates in executing their own laws ".

Some countries seem to have been almost wholly exempted from the rods and the axes, i. e. from the power of the governor who was sent into the province. Thus, for instance, of Massilia, (now called Marseilles,) and of all the places subject to it, Strabo

"Atque hanc Macedoniam, domitis jam gentibus finitimis, barbariaque compressa, pacatam ipsam per se, et quietam, tenui præsidio, atque exigua manu, etiam sine imperio, per legatos nomine ipso populi Romani tuebamur: quæ nunc consulari imperio, atque exercitu ita vexata est, &c. De Prov. Consular. c. 3. prop. pr. p. 589, fin.

says, that they were not obliged to obey the governors sent into the province *. He says the same thing of Nemausus, (now called Nismes,) together with the twenty-four towns under it. Both these places were in the province of Gallia Narbonensis". What Strabo asserts of these parts of Gaul was no doubt true also of the Lacedæmonians; of whom Tully affirms, that they had lived to his time more than seven hundred years without having changed their laws. Polybius also says that Lycurgus, by the laws he gave them, preserved liberty to the Lacedæmonians longer than it had been secured to any other people of whom he had the knowledge b: and Apollonius calls them the freest of the Grecians. The Rhodians I am persuaded were favoured with

* Καὶ ὁ Καῖσαρ δὲ καὶ οἱ μετ ̓ ἐκεῖνον ἡγεμόνες, πρὸς τὰς ἐν τῷ πολέμῳ γεννηθείσας ἁμαρτίας, ἐμετρίασαν, μεμνημένοι τῆς φιλίας, καὶ τὴν αὐτονο μίαν ἐφύλαξαν, ἣν ἐξαρχῆς εἶχεν ἡ πόλις, ὥστε μὴ ὑπακούειν τῶν εἰς τὴν ὑπαρχίαν πεμπομένων στρατηγῶν. 1. 4. p. 181, B. Vid. et Cic. pro Flacco, c. 26. (63) p. 492. Neque vero te, Massilia, prætereo,cujus ego civitatis disciplinam atque gravitatem non solum Græciæ, sed haud scio an cunctis gentibus anteponendam jure dicam: quæ-sic optimatum consilio gubernatur, ut omnes ejus instituta laudare facilius possint, quam æmulari.

ν Διὰ δὲ τοῦτο οὐδ ̓ ὑπὸ τοῖς προστάγμασι (for so undoubtedly it ought to be read, and not πράγμασι) τῶν ἐκ τῆς Ρώμης στρατηγῶν ἐστι τὸ ἔθνος τοῦτο, 1. 4. p. 187, Α.

z Vid. Strabo, l. 4. p. 178, B. et p. 189, C. Tavтa μèv iпèρ Tây νεμομένων τὴν Ναρβωνῖτιν ἐπικράτειαν λέγομεν.

a Lacedæmonii soli toto orbe terrarum septingentos jam annos amplius unis moribus et nunquam mutatis legibus vivunt. Pro Flacco, c. 26. (63. pr.) p. 492.

b L. 6. c. 1.

p. 459. Vid. et Strab. 1. 8. p. 376, fin. Kai dietéλE

σαν τὴν αὐτονομίαν φυλάττοντες.

• Ἐλευθερώτατοι μὲν γὰρ τῶν Ἑλλήνων εἰσὶ, μόνοι δ ̓ ὑπήκοοι τοῦ εἶ Evμßovλevorros. In Vit. Apollon. 1. 6. c. 10. p. 292. C. Toïg tùy ¿hevθερίαν ἀσκοῦσιν, D.

a like exemption: and likewise the Lycians, whose council was composed of members sent from twentythree cities; in which council their magistrates were chosen, and their judicatories appointed. Here also they had been used to consult of peace and war; but this privilege the Romans took from them, so that for the future they were not to treat of peace and war, unless by their permission or for their advantage. Strabo adds that they managed this government of theirs so well, that they remained always free under the Romans to his time. To these I might add the cities of Tarsus fand Byzantium, of which last Tully speaks when he accuses Piso of exercising jurisdiction in a free city contrary to the Roman laws. There is no one, I think, can doubt whether these people had the power of putting persons subject to them to death in the execution of their own laws. How otherwise could it be said with any propriety, that they were not bound to obey the governors sent into the province? For if they themselves had not the power of inflicting corporal punishments and death, but the governor of the province had, most certainly they were bound to obey him, and that under the severest penalties: or

d Vid. Liv. 1. 38. c. 39. l. 45. c. 20-25. et Epit. 46. Cic. ad Quint. Fratr. 1. 1. ep. 1. c. 11. p. 1021, fin. ad famil. l. 12. c. 14. p. 815, pr.

• L. 14. p. 664, fin. 665, pr. Οὕτως δ ̓ εὐνομουμένοις αὐτοῖς, συνέβη παρὰ 'Ρωμαίοις ἐλευθέροις διατελέσαι.

f Julius Caesar gave to the citizens of Tarsus χώραν, νόμους, τίμην, ¿§ovσíar ToŨ Totaμov, &c. Dio Chrys. Orat. 34. p. 415, D. Vid. et Dio. Cassii 1. 47. p. 342, A.

s Omitto jurisdictionem in libera civitate contra leges senatusque consulta. De Prov. Consul. c. 3, fin. p. 590, a. Oppidum Byzantium liberæ conditionis. Plin. 1. 4. c. 11. p. 442, pr.