O F L A W S. 247
and farmed out the revenue , they were arbiters of B K the affairs of their allies ; they determined war or chap. 17. peace, and directed in this refpect the confuls ; they fixed the number of the Roman and of the allied troops, difpofed of the provinces and armies to the confuls or praetors, and upon the expiration of the year of command had the power of appointing fuc- ceflbrs -, they decreed triumphs, received and fent embattles , they nominated, rewarded, punifhed, and were judges of kings , gave them, or declared they had forfeited, the title of allies of the Roman people.
The confuls levied the troops which they were to carry into the field ; they had the command of the forces by fea and land ; difpofed of the allies ; were inverted with the whole power of the republic in the provinces , gave peace to the vanquifhed na tions, impofed conditions on them, or referred them to the fenate.
In the earlieft times, when the people had fome ihare in the affairs relating to war and peace, they exercifed rather their legiflative than their execu tive power. They fcarce did any thing elfe but confirm the acts of the kings, and after their expul- fion, of the confuls or fenate. So far were they from being the arbiters of war, that we have in- ftances of its having been often declared notwith- ilanding the oppofition of their tribunes. But grow ing wanton in their profperity, they increafed their executive power. Thus they * created the mi-
- In the year of Rome 444. Livy i. Decad. Book 9. As the
war again!!: Perfeus appeared fomewhat dangerous, it was ordain ed by afenatus-confultum, that this law fhould be fufpended, and tjie people agreed to it. Livy Dec. 5. Book i.
R 4 litary