The dictator, or consul, had a right to command the service of the Roman youth; and to punish an obstinate or cowardly disobedience by the most severe and ignominious penalties, by striking the offender out of the list of citizens, by confiscating his property, and by selling his person into slavery.
[7] The most sacred rights of freedom, confirmed by the Porcian and Sempronian laws, were suspended by the military engagement.

In his camp the general exercise an absolute power of life and death; his jurisdiction was not confined by any forms of trial, or rules of proceeding, and the execution of the sentence was immediate and without appeal.

[8] The choice of the enemies of Rome was regularly decided by the legislative authority.

The most important resolutions of peace and war were seriously debated in the senate, and solemnly ratified by the people.

But when the arms of the legions were carried to a great distance from Italy, the general assumed the liberty of directing them against whatever people, and in whatever manner, they judged most advantageous for the public service.