Page:Montesquieu - The spirit of laws.djvu/299

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OF LAWS.
247

Book XI.
Chap. 17.
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 praetors, 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; gave them, or declared they had forfeited, the title of allies of the Roman people.

The consuls levied the troops which they were to carry into the field; they had the command of the forces by sea and land; disposed 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 and 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, 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 their tribunes. But growing wanton in their prosperity, they increased their executive power. Thus they[1] created the mi-

  1. 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.
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