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: but he would not live any longer in the same city with such profligate wretches。
The Italians; says Diodorus again;'76' bought up whole droves of slaves in Sicily; to till their lands and to take care of their cattle; but refused them a necessary subsistence。 These wretches were then forced to go and rob on the highways; armed with lances and clubs; covered with beasts' skins; and followed by large mastiffs。 Thus the whole province was laid waste; and the inhabitants could not call anything their own but what was secured by fortresses。 There was neither proconsul nor pr?tor that could or would oppose this disorder; or that presumed to punish these slaves; because they belonged to the knights; who at Rome were possessed of the judiciary power。'77' And yet this was one of the causes of the war of the slaves。 But I shall add only one word more。 A profession deaf and inexorable; that can have no other view than lucre; that was always asking and never granting; that impoverished the rich and increased even the misery of the poor such a profession; I say; should never have been entrusted with the judiciary power at Rome。
19。 Of the Government of the Roman Provinces。 Such was the distribution of the three powers in Rome。 But they were far from being thus distributed in the provinces。 Liberty prevailed in the centre and tyranny in the extreme parts。
While Rome extended her dominions no farther than Italy; the people were governed as confederates; and the laws of each republic were preserved。 But when she enlarged her conquests; and the senate had no longer an immediate inspection over the provinces; nor the magistrates residing at Rome were any longer capable of governing the empire; they were obliged to send pr?tors and proconsuls。 Then it was that the harmony of the three powers was lost。 The persons appointed to that office were entrusted with a power which comprehended that of all the Roman magistracies; nay; even that of the people。'78' They were despotic magistrates; extremely well adapted to the distance of the places to which they were destined。 They exercised the three powers; and were; if I may presume to use the expression; the bashaws of the republic。
We have elsewhere observed'79' that in a commonwealth the same magistrate ought to be possessed of the executive power; as well civil as military。 Hence a conquering republic can hardly communicate her government; and rule the conquered state according to her own constitution。 And indeed as the magistrate she sends to govern is invested with the executive power; both civil and military; he must also have the legislative: for who is it that could make laws without him? It is necessary; therefore; that the governor she sends be entrusted with the three powers; as was practised in the Roman provinces。
It is more easy for a monarchy to communicate its government; because the officers it sends have; some the civil executive; and others the military executive power; which does not necessarily imply a despotic authority。
It was a privilege of the utmost consequence to a Roman citizen to have none but the people for his judge。 Were it not for this; he would have been subject in the provinces to the arbitrary power of a proconsul or of a propr?tor。 The city never felt the tyranny which was exercised only on conquered nations。
Thus; in the Roman world; as at Sparta; the freemen enjoyed the highest degree of liberty; while those who were slaves laboured under the extremity of servitude。
While the citizens paid taxes; they were raised with great justice and equality。 The regulation of Servius Tullius was observed; who had distributed the people into six classes; according to their difference of property; and fixed the several shares of the public imposts in proportion to that which each person had in the government。 Hence they bore with the greatness of the tax because of their proportionable greatness of credit; and consoled themselves for the smallness of their credit because of the smallness of the tax。
There was also another thing worthy of ad miration; which is; that as Servius Tullius's division into classes was in some measure the fundamental principle of the constitution; it thence followed that an equal levying of the taxes was so connected with this fundamental principle that the one could not be abolished without the other。
But while the city paid the taxes as she pleased; or paid none at all;'80' the provinces were plundered by the knights; who were the farmers of the public revenue。 We have already made mention of their oppressive extortions; with which all history abounds。
〃All Asia;〃 says Mithridates;'81' 〃expects me as her deliverer; so great is the hatred which the rapaciousness of the proconsuls;'82' the confiscations made by the officers of the revenue; and the quirks and cavils of judicial proceedings;'83' have excited against the Romans。〃
Hence it was that the strength of the provinces did not increase; but rather weakened; the strength of the republic。 Hence it was that the provinces looked upon the loss of the liberty of Rome as the epoch of their own freedom。
20。 The End of this Book。 I should be glad to inquire into the distribution of the three powers; in all the moderate governments we are acquainted with; in order to calculate the degrees of liberty which each may enjoy。 But we must not always exhaust a subject; so as to leave no work at all for the reader。 My business is not to make people read; but to make them think。
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1。 〃I have copied;〃 says Cicero; 〃Sc?vola's edict; which permits the Greeks to terminate their difference among themselves according to their own laws; this makes them consider themselves a free people。〃
2。 The Russians could not bear that Czar Peter should make them cut it off。
3。 The Cappadocians refused the condition of a republican state; which was offered them by the Romans。
4。 The natural end of a state that has no foreign enemies; or that thinks itself secured against them by barriers。
5。 Inconvenience of the Liberum veto。
6。 At Venice。
7。 As at Athens。
8。 See Aristotle; Politics; iv。 4。
9。 See Aristotle; Politics; ii; 10。
10。 Ibid。; 9。
11。 These were magistrates chosen annually by the people。 See Stephen of Byzantium。
12。 It was lawful to accuse the Roman magistrates after the expiration of their several offices。 See in Dionysius Halicarnassus; ix; the affair of Genutius the tribune。
13。 De minoribus rebus principes consultant; de majoribus omnes; ita tamen lit ea quoque quorum penes plebem arbitrium est; apud principes pertractentur。 ix。
14。 Politics; iii。 14。
15。 See Justin; xvii。 3。
16。 Aristotle; Politics; v。 11。
17。 Ibid。; iii。 14。
18。 Ibid。
19。 See what Plutarch says in the Theseus。 See likewise Thucydides; i。
20。 Aristotle; Politics; iv。 8。
21。 Dionysius Halicarnassus; ii; p。 120; and iv; pp。 242; 243。
22。 See Tanaquil's Discourse on Livy; i dec。 l; and the regulations of Servius Tullius in Dionysius Halicarnassus; iv。 p。 229。
23。 See Dionysius Halicarnassus; ii; p。 118; and iii; p。 171。
24。 It was by virtue of a senatus…consultum that Tullius Hostilius ordered Alba to be destroyed。 Ibid。; iii; pp。 167 and 172。
25。 Ibid。; iv; p。 276。
26。 Ibid。; ii。 And yet they could not have the nomination of all offices; since Valerius Publicola made that famous law by which every citizen was forbidden to exercise any employment; unless he had obtained it by the suffrage of the people。
27。 Ibid。; iii; p。 159。
28。 Ibid。; iv。
29。 He divested himself of half the regal power; says Dionysius Halicarnassus; iv; p。 229。
30。 It was thought that if he had not been prevented by Tarquin he would have established a popular government。 Ibid。; iv; p。 243。
31。 Ibid。; iv。
32。 Livy; dec。 1; vi。
33。 Qu?stores parricidii。 Pomponius; Leg。 2;§ 23; ff。 de orig。 jur。
34。 Plutarch; Poplicola。
35。 Comitiis centuriatis。
36。 See Livy; i; 43; Dionysius Halicarnassus; iv; vii。
37。 Dionysius Halicarnassus; ix; p。 598。
38。 Ibid。; vii。
39。 Contrary to the ancient custom; as may be seen: ibid。; v; p。 320。
40。 Ibid。; pp。 410; 411。
41。 Ibid。; ix; p。 605。
42。 Ibid。; xi; p。 725。
43。 By the sacred laws; the plebeians had the power of making the plebiscita by themselves; without admitting the patricians into their assembly Ibid。; vi; p。 410; vii; p。 430。
44。 By the law enacted after the expulsion of the decemvirs; the patricians were made subject to the plebiscita; though they had not a right of voting there。 Livy; iii。 55; and Dionysius Halicarnassus; xi; p。 725。 This law was confirmed by that of Publius Philo the dictator; in the year of Rome 416。 Livy; viii。 12。
45。 In the year 312 of Rome the consuls performed still the business of surveying the people and their estates; as appears by Dionysius Halicarnassus; ix。
46。 Such as those by which it was allowed to appeal from the decisions of all the magistrates to the people。
47。 Book vi。
48。 In the year of Rome 444; Livy; dec。 1; ix。 30。 As the war against Perseus appeared somewhat dangerous; it was ordained by a senatus…consultum that this law should be suspended; and the people agreed to it。 Livy; dec。 5; ii。
49。 They extorted it from the sen