HKB
[Sidenote: The Roman constitution at the epoch of Cannae, B.C. 216.]
I am fully conscious that to those who actually live under this constitution I shall appear to give an inadequate account of it by the omission of certain details. Knowing accurately every portion of it from personal experience, and from having been bred up in its customs and laws from childhood, they will not be struck so much by the accuracy of the description, as annoyed by its omissions; nor will they believe that the historian has purposely omitted unimportant distinctions, but will attribute his silence upon the origin of existing institutions or other important facts to ignorance. What is told they depreciate as insignificant or beside the purpose; what is omitted they desiderate as vital to the question: their object being to appear to know more than the writers. But a good critic should not judge a writer by what he leaves unsaid, but from what he says: if he detects misstatement in the latter, he may then feel certain that ignorance accounts for the former; but if what he says is accurate, his omissions ought to be attributed to deliberate judgment and not to ignorance. So much for those whose criticisms are prompted by personal ambition rather than by justice....
Another requisite for obtaining a judicious approval for an historical disquisition, is that it should be germane to the matter in hand; if this is not observed, though its style may be excellent and its matter irreproachable, it will seem out of place, and disgust rather than please....
[Sidenote: Triple element in the Roman Constitution.]
As for the Roman constitution, it had three elements, each of them possessing sovereign powers: and their respective share of power in the whole state had been regulated with such a scrupulous regard to equality and equilibrium, that no one could say for certain, not even a native, whether the constitution as a whole were an aristocracy or democracy or despotism. And no wonder: for if we confine our observation to the power of the Consuls we should be inclined to regard it as despotic; if on that of the Senate, as aristocratic; and if finally one looks at the power possessed by the people it would seem a clear case of a democracy. What the exact powers of these several parts were, and still, with slight modifications, are, I will now state.
[Sidenote: The Consuls.]
+12.+ The Consuls, before leading out the legions, remain in Rome and are supreme masters of the administration. All other magistrates, except the Tribunes, are under them and take their orders. They introduce foreign ambassadors to the Senate; bring matters requiring deliberation before it; and see to the execution of its decrees. If, again, there are any matters of state which require the authorisation of the people, it is their business to see to them, to summon the popular meetings, to bring the proposals before them, and to carry out the decrees of the majority. In the preparations for war also, and in a word in the entire administration of a campaign, they have all but absolute power. It is competent to them to impose on the allies such levies as they think good, to appoint the Military Tribunes, to make up the roll for soldiers and select those that are suitable. Besides they have absolute power of inflicting punishment on all who are under their command while on active service and they have authority to expend as much of the public money as they choose, being accompanied by a quaestor who is entirely at their orders. A survey of these powers would in fact justify our describing the constitution as despotic,—a clear case of royal government. Nor will it affect the truth of my description, if any of the institutions I have described are changed in our time, or in that of our posterity: and the same remarks apply to what follows.
[Sidenote: The Senate.]