Page:Montesquieu - The spirit of laws.djvu/298

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246
THE SPIRIT

Book XI.
Chap. 17.
the sovereign bowed his head, and the most popular laws were silent[1].


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

JEALOUS as the people were of their legislative power, yet they had no great jealousy of 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 chusing 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 always 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; the situation of things required 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 jealous of their glory.

So great was the share the senate took in the executive power, that, as Polybius[2] informs us, foreign nations imagined that Rome was an aristocracy. The senate disposed of the public money,

  1. Such as by those by which it was allowed to appeal from the decisions of all the magistrates to the people.
  2. Book 6.
and