magistrates in some degree feared the gods and the
senate, and for the most part were moderate in their
plundering; but they plundered withal, and did so
with impunity, if they but observed such moderation.
The mischievous rule became established, that in the
case of minor exactions and moderate violence the
Roman magistrate acted in some measure within his
sphere and was in law exempt from punishment, so that
those who were aggrieved had to keep silence; and from
this rule succeeding ages did not fail to draw the
fatal consequences. Nevertheless, even though
the tribunals had been as strict as they were lax,
the liability to a judicial reckoning could only check
the worst evils. The true security for a good
administration lay in a strict and uniform supervision
by the supreme administrative authority: and
this the senate utterly failed to provide. It
was in this respect that the laxity and helplessness
of the collegiate government became earliest apparent.
By right the governors ought to have been subjected
to an oversight far more strict and more special than
had sufficed for the administration of Italian municipal
affairs; and now, when the empire embraced great transmarine
territories, the arrangements, through which the government
preserved to itself the supervision of the whole,
ought to have undergone a corresponding expansion.
In both respects the reverse was the case. The
governors ruled virtually as sovereign; and the most
important of the institutions serving for the latter
purpose, the census of the empire, was extended to
Sicily alone, not to any of the provinces subsequently
acquired. This emancipation of the supreme administrative
officials from the central authority was more than
hazardous. The Roman governor, placed at the
head of the armies of the state, and in possession
of considerable financial resources: subject to
but a lax judicial control, and practically independent
of the supreme administration; and impelled by a sort
of necessity to separate the interest of himself and
of the people whom he governed from that of the Roman
community and to treat them as conflicting, far more
resembled a Persian satrap than one of the commissioners
of the Roman senate at the time of the Samnite wars.
The man, moreover, who had just conducted a legalized
military tyranny abroad, could with difficulty find
his way back to the common civic level, which distinguished
between those who commanded and those who obeyed, but
not between masters and slaves. Even the government
felt that their two fundamental principles—equality
within the aristocracy, and the subordination of the
power of the magistrates to the senatorial college—began
in this instance to give way in their hands.
The aversion of the government to the acquisition
of new provinces and to the whole provincial system;
the institution of the provincial quaestorships, which
were intended to take at least the financial power
out of the hands of the governors; and the abolition