CHAP. XVII.: Of the executive Power in the same Republic.

JEALOUS as the people were of their legislative power, yet they had no great uneasiness about the executive. This they left almost intirely to the senate and to the consuls, reserving scarce any thing more to themselves than the right of choosing the magistrates, and of confirming the acts of the senate and of the generals.

Rome, whose passion was to command, whose ambition was to conquer, whose commencement and progress were one continued usurpation, had constantly affairs of the greatest weight upon her hands; her enemies were ever conspiring against her, or she against her enemies.

As she was obliged to behave on the one hand with heroic courage, and on the other with consummate prudence, it was requisite, of course, that the management of affairs should be committed to the senate. Thus the people disputed every branch of the legislative power with the senate, because they were jealous of their liberty; but they had no disputes about the executive, because they were animated with the love of glory.

So great was the share the senate took in the executive power, that, as Polybius Book 6. ^†352 informs us, foreign nations imagined that Rome was an aristocracy. The senate disposed of the public money, and farmed out the revenue; they were arbiters of the affairs of their allies; they determined war or peace, and directed, in this respect, the consuls; they fixed the number of the Roman and of the allied troops, disposed of the provinces and armies to

the consuls or prætors, and, upon the expiration of the year of command, had the power of appointing successors; they decreed triumphs, received and sent embassies; they nominated, rewarded, punished, and were judges of kings, declared them allies of the Roman people, or stripped them of that title.

The consuls levied the troops which they were to carry into the field; had the command of the forces by sea and land; disposed of the forces of the allies; were invested with the whole power of the republic in the provinces; gave peace to the vanquished nations, imposed conditions on them, or referred them to the senate.

In the earliest times, when the people had some share in the affairs relating to war or peace, they exercised rather their legislative than their executive power. They scarce did any thing else but confirm the acts of the kings, and, after their expulsion, those of the consuls or senate. So far were they from being the arbiters of war, that we have instances of its having been often declared, notwithstanding the opposition of the tribunes. But, growing wanton in their prosperity, they increased their executive power. Thus they In the year of Rome 444. Livy, 1 decad. book 9. As the war against Perseus appeared somewhat dangerous, it was ordained, by a senatus-consultum, that this law should be suspended, and the people agreed to it. Livy, dec. 5, book 2. ^†353 created the military tribunes, the nomination of whom, till then, had belonged to the generals; and, some time before the first Punic war, they decreed, that only their own body should have the right They extorted it from the senate, says Freinshemius, dec. 2, book 6. ^†354 of declaring war.