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he had finished the Mithridatic war, did the same thing in Asia, as we are informed by Dio, there having been a great revolt of many of the Asiatic cities or states during that war 9. And Hirtius relates of Julius Cæsar, that when he had finished the civil war at Alexandria he passed through Galatia and Bithynia into Asia; that he heard and determined the controversies of all those provinces, and gave laws to the tetrarchs, kings, and cities". It was upon a like message, as I take it, that Quirinus was sent by Augustus into Judæa. Possibly for this reason Josephus styles him δικαιοδότης τοῦ ἔθνους *, s, the person who was to give law to that nation, or to settle how far they should be governed by their own laws, how far by the Roman law.

It is very certain that governors sent by the Romans into their provinces, if ill men, usually broke through these settlements, and exercised their authority where they ought not; so that under such lawless presidents the free districts and cities had little or no benefit of the privileges granted them. This was the case in Sicily when Verres was prætor. Tully tells us that neither Sicilian nor Roman had any benefit from the laws under his government *.

4 Τά τε πλείω ἔθνη τῶν ἐν τῇ ̓Ασίᾳ τῇ ἠπείρῳ τότε αὐτοῖς ὄντων, νόμοις τε ἰδίοις καὶ πολιτείαις κατεστήσατο καὶ διεκόσμησεν. L. 37. p. 38, D. 1. 5.

Ita per Gallogræciam Bithyniamque in Asiam iter facit, omniumque earum provinciarum de controversiis cognoscit et statuit; jura in tetrarchas, reges, civitates distribuit. De Bell. Alex. c. 78, pr.

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t Hæc omnia isto prætore non modo perturbata, sed plane et Siculis et civibus Romanis erepta sunt: primum suæ leges; quod civis cum cive ageret, aut eum judicem, quem commodum erat, præconem, haruspicem, medicum suum dabat: aut si legibus erat

Julius Cæsar, sensible how much these places, which had the freedom of their own laws, suffered by such governors, passed a law in his first consulship, that the free people should be truly free". Notwithstanding, his father-in-law Piso soon after, being governor of Macedonia, made the whole country his property; in direct contradiction to the Julian law deprived cities of their freedom, and not only plundered them but the Roman citizens also who were among them. This was so frequently the case of countries which had the liberty of their own magistrates and laws granted them by the Roman people,

judicium constitutum, et ad civem suum judicem venerant, libere civi judicare non licebat. Edictum enim hominis cognoscite, &c. If Verres at any time so far complied with the settlement as to give the proper judge appointed by law, he did not suffer him to pronounce freely according to his judgment; for he had reduced all under his own power by an edict he had made, that he would put to death those who gave a wrong judgment, i. e. such a one as he did not approve and even the senates of cities had by this terror been compelled to pass sentence contrary to their own judgment of things. In Ver. 1. 2. c. 13. Vid. et c. 14, 15, 16, &c. "Lege Cæsaris justissima atque optima populi liberi plane et vere erant liberi. Cic. in Pison. c. 16. p. 608.

X

Lege autem ea, quam nemo legem, præter te et collegam tuam, putavit, omnis erat tibi Achaia, Thessalia, Athenæ, cuncta Græcia addicta. Ibid. Vexatio Macedoniæ? An sociorum direptio? An agrorum depopulatio? c. 17. (40.) Vid. et c. 36. (87.) Mitto ereptam libertatem populis, ac singulis, qui erant affecti præmiis nominatim, quorum nihil est, quod non sit lege Julia, ne fieri liceat, sancitum diligenter, c. 37. (90, fin.) Achaia exhausta: Thessalia vexata: lacerata Athenæ : Dyrrhachium et Apollonia exinanita :-cives Romani, qui in iis locis negotiantur, te unum, solum, suum depeculatorem, vexatorem, prædonem, hostem, venisse senserunt. Ibid. c. 40. (96) Omitto jurisdictionem in libera civitate contra leges senatusque consulta. De Prov. Consul. c. 3. (6, pr.)

that if a governor was sent among them who had a regard to the settlement that had been made, and permitted them the use of their own laws, it was like life from the dead to them. Thus Tully says of some Asiatic cities, when he was proconsul of Cilicia, and had part of Asia joined to it, Omnes suis legibus et judiciis usæ, avтovoμíav adeptæ, revixerunty. Restoring to them their ancient judicatories and form of government was restoring life itself.

It may be thought by some possibly, that if the greatest part of a province were free, and had their own magistrates and laws, there could be but little business for a governor, unless he broke in upon their privileges; that if he was observant of the settlements made, and discharged his duty as he ought, he must sit still the most of his time as an idle spectator of the government of others; i. e. of those magistrates who presided in the several little states or republics which filled his province. In answer to this, it is certain the provinces were at the time we are speaking of very large; that a great part of the free districts and cities had a more restrained liberty only, which the governor of the province was to see punctually observed according to the limitations made in their first and subsequent settlements. In all these places there was some use of the Roman law more or less, and not a little business for the governor and in those countries which were most free, as we have observed Nemausus and Massilia to have been, all matters of state, all affairs of peace

Ad Attic. 1. 6. ep. 2. p. 911, a. med.

z In matters of state kings themselves were to be obedient to the governors who were sent into the neighbouring provinces. Of this we have an example in Jos. Antiq. I. 19. c. 8. §. 1. where

and war a, and all cases of treason against the Roman people or emperors b, belonged wholly to the go

he tells us that five kings being entertained by Agrippa at Tiberias, Marsus, president of Syria, taking umbrage at the meeting of so many kings, and suspecting it might not be for the interest of the Roman empire, ordered them immediately to separate, which accordingly they did. There is little or no reason to doubt but all kings subject to the Roman people promised obedience in such cases. Petere regem, (scil. Antiochum)-imperaret sibi populus Romanus, quæ bono fidelique socio regi essent imperanda: se nullo usquam cessaturum officio. Liv. 1. 42. c. 6. Again, we are told of three kings that promised obedience in an affair of this nature: Eumenem, Antiochum, Ptolemæum pollicitos omnia, quæ populus Romanus imperasset, præstaturos. Liv. 1.42. c. 26, pr. fin. And at another time Antiochus says to the Roman ambassadors, Faciam quod censet senatus; and his ambassadors tell the Roman senate, Eum haud secus, quam deorum imperio, legatorum Romanorum jussis paruisse; and the senate answers, Antiochum recte atque ordine fecisse, quod legatis paruisset. L. 45. c. 12, 13. et Polyb. Excerpt. Leg. 92. p. 916.

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a A condition imposed upon all conquered countries, as upon the Carthaginians; Bellum neque in Africa, neve extra Africam injussu populi Romani gererent. Liv. 1. 30. c. 37. et Polyb. 1. 15. p.705, D: upon kings themselves, as for instance Philip: Bellum extra Macedoniæ fines ne injussu senatus gereret. Liv. 1. 33. c. 32. and Antiochus Bellum gerendi jus Antiocho ne esto cum iis qui insulas colunt, neve in Europam transeundi. Liv. 1. 38. c. 38. Polyb. Excerp. Leg. 35. p. 840, fin. et 843, C: and, no doubt, on all free states, as we have before observed concerning the republic of the Lycians. Titus Quintius commanded Diophanes, prætor of the Achæans, to march his army from Messene, to which he had laid siege, and come to him: which being complied with, he chid him, Quod tantam rem sine auctoritate sua conatus esset; and enjoined him to dismiss his army. Liv. l. 36. c. 31. Vid. et 1. 35. c. 46, fin. et c. 50, pr.

b Imperium majestatemque populi Romani gens Ætolorum conservato sine dolo malo. Liv. l. 38. c. 11. Polyb. Excerpt. Leg. 28. p. 832. This seems to have been a condition imposed upon most of those who entered into alliance with the Romans; for

vernor. Let me add, that all places, even the most free, unless expressly exempted by some law made in their favour, paid tribute to the Romans ; and

Proculus, in describing a free people, says, Liber autem populus est is, qui nullius alterius populi potestati est subjectus, sive is fœderatus est; item sive æquo foedere in amicitiam venit, sive fœdere comprehensum est, ut is populus alterius populi majestatem comiter conservaret: hoc enim adjicitur, ut intelligatur alterum populum superiorem esse; non ut intelligatur alterum non esse liberum quemadmodum clientes nostros intelligimus liberos esse, etiamsi neque auctoritate, neque dignitate, neque viribus nobis pares sunt sic eos, qui majestatem nostram comiter conservare debent, liberos esse intelligendum est. L. 7. ff. de Captiv. It is certain that in the latter part of the commonwealth, and the times following, far the most of those who entered into alliance with the Romans were joined, non æquo fœdere; and therefore it is probable were held to this condition. Hence it came to pass that they might be guilty læsæ majestatis, of treason against the Roman state, if they made war or raised an army without the leave of the Roman people, or if they supplied the enemies of the Romans with arms or provisions, or were the occasion that any foreign prince did not obey the Romans. L. 3, 4. ff. ad Leg. Jul. Maj. In this sense I take the last words of Proculus in the law before recited; At fiunt apud nos rei ex civitatibus fœderatis, et in eos damnatos animadvertimus. Proculus flourished at the end

of the reign of Tiberius. Vid. Grot. in Vit. Juriscon.

Thus the Macedonians were obliged, tributum dimidium ejus, quod pependissent regibus, pendere populo Romano, Liv. 1. 45. c. 29. And many of the Greek cities in Asia were tributary, Cic. ad Quint. Frat. 1. 1. ep. 1. c. 11. p. 1021, fin. et 1022, pr. Tacit. Annal. 1. 2. c. 47. In a word, every place to which an immunity was not granted, as it was to the Corinthians, Phocenses, &c. Liv. 1. 33. c. 34. Val. Max. 1. 4. c. 8. n. 5. to the Issenses, &c. Liv. l. 45. c. 26. fin. the Rhodians, Senec. de Benef. 1. 5. c. 16, fin. the Apamæans, Plin. ep. 1. 10. c. 56. the Batavi, Tacit. de Mor. Germ. c. 29. Even some kings were tributary, such as Darius king of Pontus, Herod king of the Idumæans and Samaritans, Amyntas king of Pisidia, Polemo king of part of Cilicia, Appian. Bell. Civ. 1. 5. p. 715, D.

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