But by far the most important institution which this epoch introduced into the Roman commonwealth, and that at the same time which involved the most decided and fatal deviation from the course hitherto pursued, was the new provincial magistracies. The earlier state-law of Rome knew nothing of tributary subjects: the conquered communities were either sold into slavery, or merged in the Roman commonwealth, or lastly, admitted to an alliance which secured to them at least communal independence and freedom from taxation. But the Carthaginian possessions in Sicily, Sardinia, and Spain, as well as the kingdom of Hiero, had paid tribute and rent to their former masters: if Rome was desirous of retaining these possessions at all, it was in the judgment of the short-sighted the most judicious, and undoubtedly the most convenient, course to administer the new territories entirely in accordance with the rules heretofore observed. Accordingly the Romans simply retained the Carthagino-Hieronic provincial constitution, and organized in accordance with it those provinces also, such as Hither Spain, which they wrested from the barbarians. It was the shirt of Nessus which they inherited from the enemy. Beyond doubt at first the Roman government intended, in imposing taxes on their subjects, not strictly to enrich themselves, but only to cover the cost of administration and defence; but they already deviated from this course, when they made Macedonia and Illyria tributary without undertaking the government or the guardianship of the frontier there. The fact, however, that they still maintained moderation in the imposition of burdens was of little consequence, as compared with the conversion of their sovereignty into a right yielding profit at all; the fall was the same, whether a single apple was taken or the tree was plundered.

Punishment followed in the steps of wrong. The new provincial system necessitated the appointment of governors, whose position was absolutely incompatible not only with the welfare of the provinces, but with the Roman constitution. As the Roman community in the provinces took the place of the former ruler of the land, so their governor appeared there in the king's stead; the Sicilian praetor, for example, resided in the palace of Hiero at Syracuse. It is true, that by right the governor nevertheless ought to administer his office with republican honesty and frugality. Cato, when governor of Sardinia, appeared in the towns subject to him on foot and attended by a single servant, who carried his coat and sacrificial ladle; and, when he returned home from his Spanish governorship, he sold his war-horse beforehand, because he did not hold himself entitled to charge the state with the expenses of its transport. There is no question that the Roman governors - although certainly but few of them pushed their conscientiousness, like Cato, to the verge of being niggardly and ridiculous - made in many cases a powerful impression on the subjects, more especially on the frivolous and unstable Greeks, by their old-fashioned piety, by the reverential stillness prevailing at their repasts, by their comparatively upright administration of office and of justice, especially by their proper severity towards the worst bloodsuckers of the provincials - the Roman revenue-farmers and bankers - and in general by the gravity and dignity of their deportment. The provincials found their government comparatively tolerable. They had not been pampered by their Carthaginian stewards and Syracusan masters, and they were soon to find occasion for recalling with gratitude the present rods as compared with the coming scorpions: it is easy to understand how, in later times, the sixth century of the city appeared as the golden era of provincial rule. But it was not practicable for any length of time to be at once republican and king. Playing the part of governors demoralized the Roman ruling class with fearful rapidity. Haughtiness and arrogance towards the provincials were so natural in the circumstances, as scarcely to form matter of reproach against the individual magistrate. But already it was a rare thing - and the rarer, because the government adhered rigidly to the old principle of not paying public officials - that a governor returned with quite clean hands from his province; it was already remarked upon as something singular that Paullus, the conqueror of Pydna, did not take money. The bad custom of delivering to the governor "honorary wine" and other "voluntary" gifts seems as old as the provincial constitution itself, and may perhaps have been a legacy from the Carthaginians; even Cato in his administration of Sardinia in 556 had to content himself with regulating and moderating such contributions. The right of the magistrates, and of those travelling on the business of the state generally, to free quarters and free conveyance was already employed as a pretext for exactions. The more important right of the magistrate to make requisitions of grain in his province - partly for the maintenance of himself and his retinue (in cellam) partly for the provisioning of the army in case of war, or on other special occasions at a fair valuation - was already so scandalously abused, that on the complaint of the Spaniards the senate in 583 found it necessary to withdraw from the governors the right of fixing the price of the supplies for either purpose[32]. Requisitions had begun to be made on the subjects even for the popular festivals in Rome; the unmeasured vexatious demands made on the Italian as well as extra-Italian communities by the aedile Tiberius Sempronius Gracchus, for the festival which he had to provide, induced the senate officially to interfere against them (572). The liberties which Roman magistrates at the close of this period allowed themselves to take not only with the unhappy subjects, but even with the dependent free-states and kingdoms, are illustrated by the raids of Gaius Volso in Asia Minor[33], and above all by the scandalous proceedings in Greece during the war with Perseus[34].

Supervision of the Senate over the Provinces and Their Governors The government had no right to be surprised at such things, for it provided no serious check on the excesses of this capricious military administration. Judicial control, it is true, was not entirely wanting. Although, according to the universal but more than questionable rule of allowing no complaint to be brought against a commander-in-chief during his term of office[35], the Roman governor could ordinarily be called to account only after the mischief had been done, yet he was amenable both to a criminal and to a civil prosecution. In order to the institution of the former, a tribune of the people by virtue of the judicial power pertaining to him had to take the case in hand and bring it to the bar of the people; the civil action was remitted by the senator who administered the corresponding praetorship to a jury appointed, according to the constitution of the tribunal in those times, from the ranks of the senate. In both cases, therefore, the control lay in the hands of the ruling class, and, although the latter was still sufficiently upright and honourable not absolutely to set aside well-founded complaints, and the senate even in various instances, at the call of those aggrieved, condescended itself to order the institution of a civil process, yet the complaints of poor men and foreigners against powerful members of the ruling aristocracy - submitted to judges and jurymen far remote from the scene and, if not involved in the like guilt, at least belonging to the same order as the accused - could from the first only reckon on success in the event of the wrong being clear and crying; and to complain in vain was almost certain destruction. The aggrieved no doubt found a sort of support in the hereditary relations of clientship, which the subject cities and provinces entered into with their conquerors and other Romans brought into close contact with them. The Spanish governors felt that no one could with impunity maltreat clients of Cato; and the circumstance that the representatives of the three nations conquered by Paullus - the Spaniards, Ligurians, and Macedonians - would not forgo the privilege of carrying his bier to the funeral pile, was the noblest dirge in honour of that noble man. But not only did this special protection give the Greeks opportunity to display in Rome all their talent for abasing themselves in presence of their masters, and to demoralize even those masters by their ready servility - the decrees of the Syracusans in honour of Marcellus, after he had destroyed and plundered their city and they had complained of his conduct in these respects to the senate in vain, form one of the most scandalous pages in the far from honourable annals of Syracuse - but, in connection with the already dangerous family-politics, this patronage on the part of great houses had also its politically perilous side. In this way the result perhaps was that the Roman 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 of the arrangement - in itself so judicious - for a longer tenure of such offices[36], very clearly evince the anxiety felt by the more far-seeing of the Roman statesmen as to the fruits of the seed thus sown. But diagnosis is not cure. The internal government of the nobility continued to follow the direction once given to it; and the decay of the administration and of the financial system - paving the way for future revolutions and usurpations - steadily pursued its course, if not unnoticed, yet unchecked.