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wara, and all cases of treason against the Roman people or emperors, belonged wholly to the governor. Let me add, that all places, even the most free, unless expressly exempted by some law made in their favour, paid tribute to the

dience 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.

A condition imposed upon all conquered countries, as upon the Carthaginians; Bellum neque in Africa, neve extra Africam injussu populi Romani gererent. Liv. I. 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. 1. 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. 1. 38. c. II. 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 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 fœdere 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 læse 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.

Romans; and that all causes which concerned the revenue were under the cognisance of the president of the provinced; and I think also the inspection and examination of the accounts that in all places whatsoever Roman citizens were to be judged by the Roman laws, and were under the jurisdiction of the Roman governorf; and probably there was not a town of consideration in any province in which there were not many Roman citizens. The military forces also in every

e 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. I. c. II. 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. l. 33. c. 34. Val. Max. 1. 4. c. 8. n. 5. to the Issenses, &c. Liv. 1. 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.

Quantum vero illud est beneficium tuum, quod iniquo et gravi vectigali ædilitiorum, magnis nostris simultatibus, Asiam liberasti? &c. Hic ita te versari, ut et publicanis satisfacias, (præsertim publicis male redemptis,) et socios perire non sinas, divinæ cujusdam virtutis esse videtur, i. e. tuæ, &c. &c. Cic. ad Quint. Frat. 1. 1. ep. 1. c. 9, pr. c. 11, med. Duobus generibus edicendum putavi: quorum unum est provinciale, in quo est de rationibus civitatum, de ære alieno, de usura, de syngraphis; in eodem omnia de publicanis. Ad Attic. 1. 6. ep. 1. p. 909, pr. Mira erant in civitatibus ipsorum furta Græcorum, quæ magistratus sui fecerant. Quæsivi ipse de iis, qui annis decem proximis magistratum gesserant: aperte fate

bantur, &c. Ad Att. 1. 6. ep. 2. p. 911, a. med. Leg. 1. C. de Off. Præf. August. Vid. Voet. in Pand. tit. de Off. Proc. Cæs. 1. 11. ff. d. Off. Præs. 1. 6. §. 3, fin. eod. 1. 9, pr. ff. de Off. Proc. et 1. 2. C. ubi causæ fiscales.

e At least Philo tells us this was the business of the governors of Egypt, ̓Αλλὰ καὶ λογισμοὺς τῶν προσόδων καὶ δασμῶν λαμβάνοντας, ὧν ἡ ἐξέτασις τὸν πλείονα τοῦ ἐνιαυτοῦ Xpóvov ȧvýλioKev. In Flac. p. 984, C.

Thus in Sicily, Cic. in Ver. 1. 2. c. 13. and in Cyprus, ad Attic. 1. 5. ep. ult. p. 906, pr. and the cities of Asia, Quid tibi tandem, Deciane, injuriæ factum est? Negotiaris in libera civitate.- -Verum esto: negotiari libet: cur non Pergamis? Smyrna? Trallibus? Ubi et multi cives Romani sunt et jus a nostro magistratu dicitur. Pro Flacco, c. 29. p. 493. pr. That Smyrna was a free city, governed by their own laws, vid. Polyb. Excerp. Leg. 25: p. 821, fin. Liv. 1. 38. c. 39. And Tully makes mention of them as fidelissimorum antiquissimorumque sociorum, Phil. 11. c. 2. p. 963, a. The inhabitants of Pergamus and Tralles were guilty of the basest treachery in the Mithridatic war; concerning which see Cic. pro Flacco, c. 24. p. 492, pr. et Appian. Bell. Mithrid. p. 185, C. et E. Yet it is the opinion of the great Spanheim from several passages of Tully, Dio, and Plutarch, that they had their liberty restored either by Lucullus or Pompey. Vid. Orb. Rom. p. 292. Add to this what has been already said in the notes concerning the Lycians, Rhodians, and Cyziceni.

province were under the command of the presidents. When these things are laid together and considered, there is no one but must see that a Roman governor had full business upon his hands without interfering with the free states under him and breaking in upon their liberty. Philo says that the governors of Egypt were so overwhelmed with multiplicity of business, that suitors in their court were no small sufferers.

It must be acknowledged that the liberty of all places was a precarious thing, depending wholly on the pleasure of the Roman people or emperors, who granted it, and took it away as they saw fitting; so that we often read of many changes made in the condition of one and the same district or city, which was this while free, using their own laws, another while not so; then free again, and afterwards again reduced under obedience to the Roman lawsk. And as the greatest part of these free states paid tribute, they were generally so harassed and oppressed by the publicans, or farmers of the public taxes, that their liberty was of small

s Veteres Romani-majoribus in provinciis magistratibus missis armorum juxta et legum potestatem fecissent-permissa scilicet prætoribus tam rei bellicæ administratione quam legum præscriptione. Nov. 24. præf. Ut idem et militaribus copiis, quæ per provinciam sunt, secundum cognomentum antiquitus illis impositum præeat, et præficiatur legibus. Ibid. c. I.

τας,

↳ 'Aμnxavov μèv yàp ηy Toùs nyeμόνας τοσαύσης χώρας ἐπιτροπεύονδιὰ καινοτέρων ἐπεισρεόντων ἰδιωτικῶν τε καὶ δημοσίων πραγμάτων áñávτwv μeμvñoðaɩ, &c. Vid. et præcedentia. In Flac. p. 984, C.

De jure enim libertatis et civitatis suum putat esse judicium, (i. e. populus Romanus,) et recte putat. Cic. in Ver. 1. 1. c. 5. (13, pr.)

Thus the Greek cities in Europe, we have observed, were proclaimed free after the war with Philip king of Macedonia, Liv. 1. 33. c. 32. This freedom, after the battle of Actium, was taken away from all the cities of Achaia, excepting Patræ, by Augustus. Pausan. Achai. p. 224. 1. 18. Kai ëdwke μèv éλevőépois

Αχαιῶν μόνοις τοῖς Πατρεῦσιν εἶναι. Dio, 1. 51. p. 443, B. 9. Kaì ôs ràs μὲν πόλεις χρημάτων τε εἰσπράξει, καὶ τῆς λοιπῆς ἐς τοὺς πολίτας σφῶν ἐν ταῖς ἐκκλησίαις ἐξουσίας παραιρέσει, μere. Achaia was proclaimed free again by Nero at the Isthmian games. Suet. in Ner. c. 24. n. 6. Decedens, provinciam universam libertate donavit. Quæ beneficia e medio stadio Isthmiorum die sua ipse voce pronunciavit. Vid. Plut. Flamin. p. 376. C. Their liberty was soon after taken away again by Vespasian. Achaiam-libertate adempta. Suet. in Vesp. c. 8. n. 9. Pausan. Achai. p. 222. 1. 25. Many of their cities or states were free again under Trajan. Plin. 1. 8. ep. 24. Cogita te missum in provinciam Achaiam-ad ordinandum statum liberarum civitatum.Te vero meminisse oportet-quale quantumque sit ordinare statum liberarum cívitatum. Nam quid ordinatione civilius? Quid libertate pretiosius ? Porro quam turpe, si ordinatio eversione, libertas servitute mutetur ? The Rhodians were great favourites in the war with Antiochus, Liv. 1.

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advantage1. The governors also who were sent among them, as we have already observed, allowed them no more liberty than they saw fit, and often treated them more like slaves than freemenm, These things however make it not at all the less true, that there were very many places under the Romans to whom the supreme ruling powers, whether it were the senate, the people, or the emperor, granted the privilege of being governed by their own laws and their own magistrates.

SECT. VI.

The Romans were peculiarly favourable to the Jews, and allowed them singular privileges in all parts of the empire.

licum vanum, aut libertatem sociis nullam esse. Liv. 1. 45. c. 18, med,

SECONDLY, it is also certain that the Jews were indulged the peculiar favour of being in a great measure under their own laws, even out of Judæa, in all parts of the Roman empire, wheresoever they dwelt". They were permitted to build synagogues, assemble together on Saturdays and holydays to hear their law explained, keep their festivals, and perform whatever rites were prescribed them. They 38. c. 39.; were quite out of favour in the war with Perseus, Liv. 1. 44. c. 14, 15. and 1. 45. c. 25.; afterwards upon great entreaties restored to friendship, Epit. 46. Their liberty was taken away by Claudius, and restored again at the intercession of Nero by the same emperor, Dio, 1. 60. p. 681, B. Tacit. Ann. 1. 12. c. 58. n. 3.; taken away again by Vespasian, Sex. Rufus in Breviario, c. 10, fin. Suet. in Vesp. c. 8. n. 9. They were free again under Trajan. Dio Chrys, Orat. 32. p. 377, C.

1 Illa causa publicanorum quantam acerbitatem afferat sociis, intelleximus ex civibus, qui nuper in portoriis Italiæ tollendis, non tam de portorio, quam de nonnullis injuriis portitorum querebantur. Quare non ignoro, quid sociis accidat in ultimis terris, cum audierim in Italia querelas civium. Hic te ita versari, ut et publicanis satisfacias- -et socios perire non sinas, divinæ cujusdam virtutis esse videtur. Cic. ad Quint. Frat. 1. 1. ep. 1. c. 11. The senate of Rome themselves say, Et ubi publicanus est, ibi aut jus pub

m Some of these considerations probably made Tully smile, when he wrote to his friend Atticus concerning the liberty of the Greek cities: Sibi libertatem censent Græci datam, ut Græci inter se disceptent suis legibus-Græci vero exultant, quod peregrinis judicibus utuntur, nugatoribus quidem, inquies. Quid refert? tamen se avrovoμíav adeptos putant. Vestri enim, credo, graves habent, Turpionem sutorium, et Vettium mancipem. Ad Att. 1. 6. ep. 1. p. 909, a, fin.

Nullo adeo in ævo fere non erat hoc nationi huic singulare suis fere legibus alieno in regno seu republica uti. Seld. de Success. in bon. Prol, p. 10.

• The Halicarnasseans, in imitation of the Romans, and in obedience to what they had wrote to them, decree that the Jews, both men and women, keep their sabbaths and perform their holy rites according to their own laws, kai ràs проσeνxàs roieîσbai, and build Proseuchæ, or

were allowed to meet to pay their first-fruits, and to send them together with whatever money they pleased to Jerusalem for offerings, and to appoint proper officers to carry

say their prayers near the sea, according to their own country manner, and that whoever should hinder them, whether magistrate or private person, should be fined. Jos. Antiq. 1. 14. c. 10. §. 23. The senate and people of Sardis agree to the petition of the Jews, that they may have a place given them, in which they may assemble with their wives and children, to perform their prayers, and other holy rites, to God, and decree that it may be lawful for them to meet together upon the appointed days, to do according to their own laws. Ibid. §. 24. There is a decree of the Ephesians to the same purpose, §. 25. and both these decrees were made in obedience to the Romans. Publius Servilius Galba the proconsul is displeased with the Milesians for prohibiting the Jews to observe their sabbaths and other holy rites, and decrees that the Jews should not be hindered in the use of their own customs. Ibid. §. 21. There is a decree of a Roman prætor directed to the magistrates of Parium, (a city of Mysia near the Propontis. The prætor being now at Delos, probably misled the learned Hudson to translate it Pariorum, which signifies the inhabitants of the island of Parus, whenas IIapiávov are the inhabitants of Parium, vid. Strab.) wherein the prætor shews his displeasure, that they had by their decree forbad the Jews to live according to their own customs, and to contribute money for their feasts and other holy rites, when they were not prohibited the doing this even at Rome. For, adds the prætor, Caius Cæsar, our prætor and consul, when by an edict he forbad, Oiáoovs συνάγεσθαι κατὰ πόλιν, μόνους τούτους οὐκ ἐκώλυσεν, οὔτε χρήματα συνεισ φέρειν, οὔτε σύνδειπνα ποιεῖν, all other merry and festival meetings, he forbad not the Jews to collect money, and feast together. In like manner I also, forbidding all other festival assemblies, permit to this people

only to meet together, and feast according to their country customs and laws, (oraoba undoubtedly ought to be read éσriaobai.) ibid. §. 8. Philo says, that Augustus knew that the Jews at Rome had synagogues, and that they met together in them, especially on the holy seventh days, when they publicly taught their own country philosophy.

-He did not innovate in their synagogues, nor forbid them to meet together for the exposition of their laws. Leg. ad Caium, p. 1014, D.E. And they enjoyed the same privileges under Tiberius. Ibid. p. 1015, B. This is also in great measure evident from the Roman authors. Jejunia sabbatariorum. Mart. 1. 4, 4. In qua te quæro proseucha. Juv. Hodie tricesima sabbatha; vin' tu Curtis Judæis oppedere? Hor. Sat. 1. 1. 9. Ne Judæus quidem, mi Tiberi, tam diligenter sabbathis jejunium servat, quam ego hodie servavi. Aug. in Suet. c. 76. n. 3.

P Philo in Leg. ad Caium, p. 1014, D. E. p. 1033, A. Augustus hearing that the first-fruits were neglected, wrote to the governors of the provinces in Asia, to permit the Jews only to assemble for banqueting. For that these were not assemblies of drunkenness and debauchery, (alluding plainly to the Giaro forbidden in the decree of Caius Cæsar before recited,) to cause riots and disturbance, but were schools of sobriety and righteousness, of men studying virtue, and bringing in their yearly first-fruits, of which they offer sacrifices, sending holy messengers to the temple at Jerusalem. Then he commanded that none should hinder the Jews from assembling, contributing their money, or sending to Jerusalem after their country manner. Then follows a letter of Norbanus, containing an epistle of Augustus to him: "That the Jews, wherever they are, should, according to their ancient custom, meet together, bring in their money, and

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