The Constitution In The Age Of The Antonines.

Part I.

Of The Constitution Of The Roman Empire, In The Age Of The Antonines.

The obvious definition of a monarchy seems to be that of a state, in which a single person, by whatsoever name he may be distinguished, is intrusted with the execution of the laws, the management of the revenue, and the command of the army. But, unless public liberty is protected by intrepid and vigilant guardians, the authority of so formidable a magistrate will soon degenerate into despotism. The influence of the clergy, in an age of superstition, might be usefully employed to assert the rights of mankind; but so intimate is the connection between the throne and the altar, that the banner of the church has very seldom been seen on the side of the people. * A martial nobility and stubborn commons, possessed of arms, tenacious of property, and collected into constitutional assemblies, form the only balance capable of preserving a free constitution against enterprises of an aspiring prince.

Every barrier of the Roman constitution had been levelled by the vast ambition of the dictator; every fence had been extirpated by the cruel hand of the triumvir. After the victory of Actium, the fate of the Roman world depended on the will of Octavianus, surnamed Cæsar, by his uncle's adoption, and afterwards Augustus, by the flattery of the senate. The conqueror was at the head of forty-four veteran legions, conscious of their own strength, and of the weakness of the constitution, habituated, during twenty years' civil war, to every act of blood and violence, and passionately devoted to the house of Cæsar, from whence alone they had received, and expected the most lavish rewards. The provinces, long oppressed by the ministers of the republic, sighed for the government of a single person, who would be the master, not the accomplice, of those petty tyrants. The people of Rome, viewing, with a secret pleasure, the humiliation of the aristocracy, demanded only bread and public shows; and were supplied with both by the liberal hand of Augustus. The rich and polite Italians, who had almost universally embraced the philosophy of Epicurus, enjoyed the present blessings of ease and tranquillity, and suffered not the pleasing dream to be interrupted by the memory of their old tumultuous freedom. With its power, the senate had lost its dignity; many of the most noble families were extinct. The republicans of spirit and ability had perished in the field of battle, or in the proscription . The door of the assembly had been designedly left open, for a mixed multitude of more than a thousand persons, who reflected disgrace upon their rank, instead of deriving honor from it.

The reformation of the senate was one of the first steps in which Augustus laid aside the tyrant, and professed himself the father of his country. He was elected censor; and, in concert with his faithful Agrippa, he examined the list of the senators, expelled a few members, * whose vices or whose obstinacy required a public example, persuaded near two hundred to prevent the shame of an expulsion by a voluntary retreat, raised the qualification of a senator to about ten thousand pounds, created a sufficient number of patrician families, and accepted for himself the honorable title of Prince of the Senate, which had always been bestowed, by the censors, on the citizen the most eminent for his honors and services. But whilst he thus restored the dignity, he destroyed the independence, of the senate. The principles of a free constitution are irrecoverably lost, when the legislative power is nominated by the executive.

Before an assembly thus modelled and prepared, Augustus pronounced a studied oration, which displayed his patriotism, and disguised his ambition. "He lamented, yet excused, his past conduct. Filial piety had required at his hands the revenge of his father's murder; the humanity of his own nature had sometimes given way to the stern laws of necessity, and to a forced connection with two unworthy colleagues: as long as Antony lived, the republic forbade him to abandon her to a degenerate Roman, and a barbarian queen. He was now at liberty to satisfy his duty and his inclination. He solemnly restored the senate and people to all their ancient rights; and wished only to mingle with the crowd of his fellow-citizens, and to share the blessings which he had obtained for his country."

It would require the pen of Tacitus (if Tacitus had assisted at this assembly) to describe the various emotions of the senate, those that were suppressed, and those that were affected. It was dangerous to trust the sincerity of Augustus; to seem to distrust it was still more dangerous. The respective advantages