THE DECLINE AND FALL

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chap, nalties, by striking the offender out of the listIn ; of citizens, by confiscating his property, and byselling his person into slavery.* The most sa-cred rights of freedom, confirmed by the Porcianand Sempronian laws, were suspended by the mi-litary engagement. In his camp the general ex-ercised an absolute power of life and death ; hisjurisdiction was not confined by any forms oftrial, or rules of proceeding, and the executionof the sentence was immediate, and without ap-peal. h The choice of the enemies of Rome wasregularly decided by the legislative authority.The most important resolutions of peace andwar were seriously debated in the senate, andsolemnly ratified by the people. But when thearms of the legions were carried to a great dis-tance from Italy , the generals assumed the li-berty of directing them against whatever people,and in whatever manner they judged most ad-vantageous for the public service. It was fromthe success, not from the justice, of their enter-prises, that they expected the honours of a tri-umph. In the use of victory, especially afterthey were no longer controlled by the commis-sioners of the senate, they exercised the mostunbounded despotism. When Pompey commanded in the East, he rewarded his soldiersand allies, dethroned princes, divided king-

8 Livy Epitom. 1. xiv. Valer. Maxim, vi, 3.

h See in the eighth book of Livy, the conduct of Manlius Toiquatusand Papirius Cursor. They violated the laws of nature and humanity,but they asserted those of military discipline; and the people, who ab-horred the action, was obliged to respect the principle.