of the orders; embracing in it all the political intelligence
and practical statesmanship that the people possessed;
absolute in dealing with all financial questions and
in the guidance of foreign policy; having complete
power over the executive by virtue of its brief duration
and of the tribunician intercession which was at the
service of the senate after the termination of the
quarrels between the orders—the Roman senate
was the noblest organ of the nation, and in consistency
and political sagacity, in unanimity and patriotism,
in grasp of power and unwavering courage, the foremost
political corporation of all times—still
even now an “assembly of kings,” which
knew well how to combine despotic energy with republican
self-devotion. Never was a state represented
in its external relations more firmly and worthily
than Rome in its best times by its senate. In
matters of internal administration it certainly cannot
be concealed that the moneyed and landed aristocracy,
which was especially represented in the senate, acted
with partiality in affairs that bore upon its peculiar
interests, and that the sagacity and energy of the
body were often in such cases employed far from beneficially
to the state. Nevertheless the great principle
established amidst severe conflicts, that all Roman
burgesses were equal in the eye of the law as respected
rights and duties, and the opening up of a political
career (or in other words, of admission to the senate)
to every one, which was the result of that principle,
concurred with the brilliance of military and political
successes in preserving the harmony of the state and
of the nation, and relieved the distinction of classes
from that bitterness and malignity which marked the
struggle of the patricians and plebeians. And,
as the fortunate turn taken by external politics had
the effect of giving the rich for more than a century
ample space for themselves and rendered it unnecessary
that they should oppress the middle class, the Roman
people was enabled by means of its senate to carry
out for a longer term than is usually granted to a
people the grandest of all human undertakings—a
wise and happy self-government.
Notes for Book II Chapter III
1. The hypothesis that legally the full -imperium-
belonged to the patrician, and only the military -imperium-
to the plebeian, consular tribunes, not only provokes
various questions to which there is no answer—as
to the course followed, for example, in the event of
the election falling, as was by law quite possible,
wholly on plebeians —but specially conflicts
with the fundamental principle of Roman constitutional
law, that the -imperium-, that is to say, the right
of commanding the burgess in name of the community,
was functionally indivisible and capable of no other
limitation at all than a territorial one. There
was a province of urban law and a province of military
law, in the latter of which the -provocatio- and other