But these triumphs the commanders cannot celebrate with proper pomp, or in some cases celebrate at all, unless the Senate concurs and grants the necessary money. and on the people. As for the people, the Consuls are pre-eminently obliged to court their favour, however distant from home may be the field of their operations; for it is the people, as I have said before, that ratifies, or refuses to ratify, terms of peace and treaties; but most of all because when laying down their office they have to give an account[291] of their administration before it. Therefore in no case is it safe for the Consuls to neglect either the Senate or the goodwill of the people.
[16.] As for the Senate, which possesses the immense power I have described, in the first place it is obliged in public affairs to take the multitude into account, The Senate controlled by the people. and respect the wishes of the people; and it cannot put into execution the penalty for offences against the republic, which are punishable with death, unless the people first ratify its decrees. Similarly even in matters which directly affect the senators,—for instance, in the case of a law diminishing the Senate’s traditional authority, or depriving senators of certain dignities and offices, or even actually cutting down their property,—even in such cases the people have the sole power of passing or rejecting the law. But most important of all is the fact that, if the Tribunes interpose their veto, the Senate not only are unable to pass a decree, but cannot even hold a meeting at all, whether formal or informal. Now, the Tribunes are always bound to carry out the decree of the people, and above all things to have regard to their wishes: therefore, for all these reasons the Senate stands in awe of the multitude, and cannot neglect the feelings of the people.
[17.] In like manner the people on its part is far from being independent of the Senate, and is bound to take its wishes into account both collectively and individually. For contracts, too numerous to count, are given out by the censors in all parts of Italy for the repairs or construction of public buildings; The people dependent on the Senate. there is also the collection of revenue from many rivers, harbours, gardens, mines, and land—everything, in a word, that comes under the control of the Roman government: and in all these the people at large are engaged; so that there is scarcely a man, so to speak, who is not interested either as a contractor or as being employed in the works. For some purchase the contracts from the censors for themselves; and others go partners with them; while others again go security for these contractors, or actually pledge their property to the treasury for them. Now over all these transactions the Senate has absolute control. It can grant an extension of time; and in case of unforeseen accident can relieve the contractors from a portion of their obligation, or release them from it altogether, if they are absolutely unable to fulfil it. And there are many details in which the Senate can inflict great hardships, or, on the other hand, grant great indulgences to the contractors: for in every case the appeal is to it. But the most important point of all is that the judges are taken from its members in the majority of trials, whether public or private, in which the charges are heavy.[292] Consequently, all citizens are much at its mercy; and being alarmed at the uncertainty as to when they may need its aid, are cautious about resisting or actively opposing its will. and Consul. And for a similar reason men do not rashly resist the wishes of the Consuls, because one and all may become subject to their absolute authority on a campaign.
[18.] The result of this power of the several estates for mutual help or harm is a union sufficiently firm for all emergencies, and a constitution than which it is impossible to find a better. For whenever any danger from without compels them to unite and work together, the strength which is developed by the State is so extraordinary, that everything required is unfailingly carried out by the eager rivalry shown by all classes to devote their whole minds to the need of the hour, and to secure that any determination come to should not fail for want of promptitude; while each individual works, privately and publicly alike, for the accomplishment of the business in hand. Accordingly, the peculiar constitution of the State makes it irresistible, and certain of obtaining whatever it determines to attempt. Nay, even when these external alarms are past, and the people are enjoying their good fortune and the fruits of their victories, and, as usually happens, growing corrupted by flattery and idleness, show a tendency to violence and arrogance,—it is in these circumstances, more than ever, that the constitution is seen to possess within itself the power of correcting abuses. For when any one of the three classes becomes puffed up, and manifests an inclination to be contentious and unduly encroaching, the mutual interdependency of all the three, and the possibility of the pretensions of any one being checked and thwarted by the others, must plainly check this tendency: and so the proper equilibrium is maintained by the impulsiveness of the one part being checked by its fear of the other....
ON THE ROMAN ARMY
[19.] After electing the Consuls they proceed to elect military tribunes,—fourteen from those who had five years’, and ten from those who had ten years’, service. All citizens must serve ten years in the cavalry or twenty years in the infantry before the forty-sixth year of their age, except those rated below four hundred asses. The latter are employed in the navy; but if any great public necessity arises they are obliged to serve as infantry also for twenty campaigns: and no one can hold an office in the state until he has completed ten years of military service....
When the Consuls are about to enrol the army they give public notice of the day on which all Roman citizens of military age must appear. The levy. This is done every year. When the day has arrived, and the citizens fit for service are come to Rome and have assembled on the Capitoline, the fourteen junior tribunes divide themselves, in the order in which they were appointed by the people or by the Imperators, into four divisions, because the primary division of the forces thus raised is into four legions. The four tribunes first appointed are assigned to the legion called the 1st; the next three to the 2d; the next four to the 3d; and the three last to the 4th. Of the ten senior tribunes, the two first are assigned to the 1st legion; the next three to the 2d; the two next to the 3d; and the three last to the 4th.
[20.] This division and assignment of the tribunes having been settled in such a way that all four legions have an equal number of officers, the tribunes of the several legions take up a separate position and draw lots for the tribes one by one; and summon the tribe on whom it from time to time falls. From this tribe they select four young men as nearly like each other in age and physical strength as possible. These four are brought forward, and the tribunes of the first legion picks out one of them, those of the second another, those of the third another, and the fourth has to take the last. When the next four are selected the tribunes of the second legion have the first choice, and those of the first the last. With the next four the tribunes of the third legion have the first choice, those of the second the last; and so on in regular rotation: of which the result is that each legion gets men of much the same standard. But when they have selected the number prescribed,—which is four thousand two hundred infantry for each legion, or at times of special danger five thousand,—they next used to pass men for the cavalry, in old times after the four thousand two hundred infantry; but now they do it before them, the selection having been made by the censor on the basis of wealth; and they enrol three hundred for each legion.[293]
[21.] The roll having been completed in this manner, the tribunes belonging to the several legions muster their men; and selecting one of the whole body that they think most suitable for the purpose, they cause him to take an oath that he will obey his officers and do their orders to the best of his ability. And all the others come up and take the oath separately, merely affirming that they will do the same as the first man.
At the same time the Consuls send orders to the magistrates of the allied cities in Italy, from which they determine that allied troops are to serve: declaring the number required, and the day and place at which the men selected must appear. The cities then enrol their troops with much the same ceremonies as to selection and administration of the oath, and appoint a commander and a paymaster.[294]