Fragments of Book VI
| Loeb | Shuckburgh |
|---|---|
| The Histories of Polybius
published in Vol. III of the Loeb Classical Library edition, 1922 thru 1927 |
The Histories of Polybius, Vol. I (of 2), by Polybius, [1] by Evelyn Shirley Shuckburgh |
| Loeb 5 1 Perhaps this theory of the natural transformations into each other of the different forms of government is more elaborately set forth by Plato and certain other philosophers; but as the arguments are subtle and are stated at great length, they are beyond the reach of all but a few. 2 I therefore will attempt to give a short summary of the theory, as far as I consider it to apply to the actual history of facts and to appeal to the common intelligence of mankind. 3 For if there appear to be certain omissions in my general exposition of it, the detailed discussion which follows will afford the reader ample compensation for any difficulties now left unsolved.
4 What then are the beginnings I speak of and what is the first origin of political societies? 5 When owing to floods, famines, failure of crops or other such causes there occurs such a destruction of the human race as tradition tells us has more than once happened, and as we must believe will often happen again, 6 all arts and crafts perishing at the same time, then in the course of time, when springing from the survivors as from seeds men have again increased in numbers 7 and just like other animals form herds — it being a matter of course that they too should herd together with those of their kind owing to their natural weakness — it is a necessary consequence that the man who excels in bodily strength and in courage will lead and rule p279 over the rest. 8 We observe and should regard as a most genuine work of nature this very phenomenon in the case of the other animals which act purely by instinct and among whom the strongest are always indisputably the masters — 9 I speak of bulls, boars, cocks, and the like. 9 It is probable then that at the beginning men lived thus, herding together like animals and following the lead of the strongest and bravest, the ruler's strength being here the sole limit to his power and the name we should give his rule being monarchy. 10 But when in time feelings of sociability and companionship begin to grow in such gatherings of men, than kingship has struck root; and the notions of goodness, justice, and their opposites begin to arise in men. |
Shuckburgh +5.+ Now the natural laws which regulate the merging of one form of government into another are perhaps discussed with greater accuracy by Plato and some other philosophers. But their treatment, from its intricacy and exhaustiveness, is only within the capacity of a few. I will therefore endeavour to give a summary of the subject, just so far as I suppose it to fall within the scope of a practical history and the intelligence of ordinary people. For if my exposition appear in any way inadequate, owing to the general terms in which it is expressed, the details contained in what is immediately to follow will amply atone for what is left for the present unsolved. [Sidenote: The origin of the social compact.] What is the origin then of a constitution, and whence is it produced? Suppose that from floods, pestilences, failure of crops, or some such causes the race of man is reduced almost to extinction. Such things we are told have happened, and it is reasonable to think will happen again. Suppose accordingly all knowledge of social habits and arts to have been lost. Suppose that from the survivors, as from seeds, the race of man to have again multiplied. In that case I presume they would, like the animals, herd together; for it is but reasonable to suppose that bodily weakness would induce them to seek those of their own kind to herd with. And in that case too, as with the animals, he who was superior to the rest in strength of body or courage of soul would lead and rule them. For what we see happen in the case of animals that are without the faculty of reason, such as bulls, goats, and cocks,—among whom there can be no dispute that the strongest take the lead,—that we must regard as in the truest sense the teaching of nature. Originally then it is probable that the condition of life among men was this,—herding together like animals and following the strongest and bravest as leaders. The limit of this authority would be physical strength, and the name we should give it would be despotism. But as soon as the idea of family ties and social relation has arisen amongst such agglomerations of men, then is born also the idea of kingship, and then for the first time mankind conceives the notion of goodness and justice and their reverse. |
| Loeb 6 1 The manner in which these notions come into being is as follows. 2 Men being all naturally inclined to sexual intercourse, and the consequence of this being the birth of children, whenever one of those who have been reared does not on growing up show gratitude to those who reared him or defend them, but on the contrary takes to speaking ill of them or ill treating them, it is evident that he will displease and offend those who have been familiar with his parents and have witnessed the care and pains they spent on attending to and feeding their children. 4 For seeing that men are distinguished from the other animals by possessing the faculty of reason, it is obviously improbable that such a difference of conduct should escape them, as it escapes the other animals: 5 they will notice the thing and be displeased at what is going on, looking to the future and reflecting that they may all p281 meet with the same treatment. 6 Again when a man who has been helped or succoured when in danger by another does not show gratitude to his preserver, but even goes to the length of attempting to do him injury, it is clear that those who become aware of it will naturally be displeased and offended by such conduct, sharing the resentment of their injured neighbour and imagining themselves in the same situation. 7 From all this there arises in everyone a notion of the meaning and theory of duty, which is the beginning and end of justice. 8 Similarly, again, when any man is foremost in defending his fellows from danger, and braves and awaits the onslaught of the most powerful beasts, it is natural that he should receive marks of favour and honour from the people, while the man who acts in the opposite manner will meet with reprobation and dislike. 9 From this again some idea of what is base and what is noble and of what constitutes the difference is likely to arise among the people; and noble conduct will be admired and imitated because it is advantageous, while base conduct will be avoided. 10 Now when the leading and most powerful man among the people always throws the weight of his authority on the side of the notions on such matters which generally prevail, and when in the opinion of his subjects he apportions rewards and penalties according to desert, they yield obedience to him no longer because they fear his force, but rather because their judgement approves him; and they join in maintaining his rule even if he is quite enfeebled by age, defending him with one consent and battling against those who conspire to overthrow his rule. 12 Thus by insensible degrees the monarch becomes a king, ferocity and force having yielded the supremacy to reason. | Shuckburgh +6.+ The way in which such conceptions originate and come into existence is this. The intercourse of the sexes is an instinct of nature, and the result is the birth of children. Now, if any one of these children who have been brought up, when arrived at maturity, is ungrateful and makes no return to those by whom he was nurtured, but on the contrary presumes to injure them by word and deed, it is plain that he will probably offend and annoy such as are present, and have seen the care and trouble bestowed by the parents on the nurture and bringing up of their children. For seeing that men differ from the other animals in being the only creatures possessed of reasoning powers, it is clear that such a difference of conduct is not likely to escape their observation; but that they will remark it when it occurs, and express their displeasure on the spot: because they will have an eye to the future, and will reason on the likelihood of the same occurring to each of themselves. Again, if a man has been rescued or helped in an hour of danger, and, instead of showing gratitude to his preserver, seeks to do him harm, it is clearly probable that the rest will be displeased and offended with him, when they know it: sympathising with their neighbour and imagining themselves in his case. Hence arises a notion in every breast of the meaning and theory of duty, which is in fact the beginning and end of justice. Similarly, again, when any one man stands out as the champion of all in a time of danger, and braves with firm courage the onslaught of the most powerful wild beasts, it is probable that such a man would meet with marks of favour and pre-eminence from the common people; while he who acted in a contrary way would fall under their contempt and dislike. From this, once more, it is reasonable to suppose that there would arise in the minds of the multitude a theory of the disgraceful and the honourable, and of the difference between them; and that one should be sought and imitated for its advantages, the other shunned. When, therefore, the leading and most powerful man among his people ever encourages such persons in accordance with the popular sentiment, and thereby assumes in the eyes of his subject the appearance of being the distributor to each man according to his deserts, they no longer obey him and support his rule from fear of violence, but rather from conviction of its utility, however old he may be, rallying round him with one heart and soul, and fighting against all who form designs against his government. In this way he becomes a _king_ instead of a _despot_ by imperceptible degrees, reason having ousted brute courage and bodily strength from heir supremacy. |
| Loeb 7 1 Thus is formed naturally among men the first notion of goodness and justice, and their opposites; this is the beginning and birth of true kingship. 2 For the people maintain the supreme power not only in the hands of these men themselves, but in those of their descendants, from the conviction that those born from and reared by such men will also have principles like to theirs. 3 And if they ever are displeased with the descendants, they now choose their kings and rulers no longer for their bodily strength and brute courage, but for the excellency of their judgement and reasoning powers, as they have gained experience from actual facts of the difference between the one class of qualities and the other. 4 In old times, then, those who had once been chosen to the royal office continued to hold it until they grew old, fortifying and enclosing fine strongholds with walls and acquiring lands, in the one case for the sake of the security of their subjects and in the other to provide them with abundance of the necessities of life. 5 And while pursuing these aims, they were exempt from all vituperation or jealousy, as neither in their dress nor in their food did they make any great distinction, they lived very much like everyone else, not keeping apart from the people. 6 But when they received the office by hereditary succession and found their safety now provided for, and more than sufficient provision of food, 7 they gave way to their appetites owing to this superabundance, and came to think that the rulers must be distinguished from their subjects by a peculiar dress, that there should be a peculiar luxury and variety in the dressing and serving of their viands, and that they should meet with no denial p285 in the pursuit of their amours, however lawless. 8 These habits having given rise in the one case to envy and offence and in the other to an outburst of hatred and passionate resentment, the kingship changed into a tyranny; the first steps towards its overthrow were taken by the subjects, and conspiracies began to be formed. 9 These conspiracies were not the work of the worst men, but of the noblest, most high-spirited, and most courageous, because such men are least able to brook the insolence of princes | Shuckburgh +7.+ This then is the natural process of formation among mankind of the
notion of goodness and justice, and their opposites; and this is the origin and genesis of genuine kingship; for people do not only keep up the government of such men personally, but for their descendants also for many generations; from the conviction that those who are born from and educated by men of this kind will have principles also like theirs. But if they subsequently become displeased with their descendants, they do not any longer decide their choice of rulers and kings by their physical strength or brute courage; but by the differences of their intellectual and reasoning faculties, from practical experience of the decisive importance of such a distinction. In old times, then, those who were once thus selected, and obtained this office, grew old in their royal functions, making magnificent strongholds and surrounding them with walls and extending their frontiers, partly for the security of their subjects, and partly to provide them with abundance of the necessaries of life; and while engaged in these works they were exempt from all vituperation or jealousy; because they did not make their distinctive dress, food, or drink, at all conspicuous, but lived very much like the rest, and joined in the everyday employments of the common people. But when their royal power became hereditary in their family, and they found every necessary for security ready to their hands, as well as more than was necessary for their personal support, then they gave the rein to their appetites; imagined that rulers must needs wear different clothes from those of subjects; have different and elaborate luxuries of the table; and must even seek sensual indulgence, however unlawful the source, without fear of denial. These things having given rise in the one case to jealousy and offence, in the other to outburst of hatred and passionate resentment, the kingship became a tyranny; the first step in disintegration was taken; and plots began to be formed against the government, which did not now proceed from the worst men but from the noblest, most high-minded, and most courageous, because these are the men who can least submit to the tyrannical acts of their rulers. |
| Loeb 8 1 The people now having got leaders, would combine with them against the ruling powers for the reasons I stated above; kingship and monarchy would be utterly abolished, and in their place aristocracy would begin to grow. 2 For the commons, as if bound to pay at once their debt of gratitude to the abolishers of monarchy, would make them their leaders and entrust their destinies to them. 3 At first these chiefs gladly assumed this charge and regarded nothing as of greater importance than the common interest, administering the private and public affairs of the people with paternal solicitude. 4 But here again when children inherited this position of authority from their fathers, having no experience of misfortune and none at all of civil equality and liberty of speech, and having been brought up from the cradle amid the evidences of the power and high position of their fathers, 5 they abandoned themselves some to greed of gain and unscrupulous money-making, others to indulgence in wine and the convivial excess which accompanies it, and others again to the violation of women and the rape of boys; and thus converting the aristocracy into an oligarchy aroused in the people feelings similar to those of which p287 I just spoke, and in consequence met with the same disastrous end as the tyrant. | Shuckburgh +8.+ But as soon as the people got leaders, they co-operated with them against the dynasty for the reasons I have mentioned; and
then _kingship_ and _despotism_ were alike entirely abolished, and _aristocracy_ once more began to revive and start afresh. For in their immediate gratitude to those who had deposed the despots, the people employed them as leaders, and entrusted their interests to them; who, looking upon this charge at first as a great privilege, made the public advantage their chief concern, and conducted all kinds of business, public or private, with diligence and caution. But when the sons of these men received the same position of authority from their fathers,—having had no experience of misfortunes, and none at all of civil equality and freedom of speech, but having been bred up from the first under the shadow of their fathers’ authority and lofty position,—some of them gave themselves up with passion to avarice and unscrupulous love of money, others to drinking and the boundless debaucheries which accompanies it, and others to the violation of women or the forcible appropriation of boys; and so they turned an _aristocracy_ into an _oligarchy_. But it was not long before they roused in the minds of the people the same feelings as before; and their fall therefore was very like the disaster which befell the tyrants. |
| Loeb "9. 1 For whenever anyone who has noticed the jealousy and hatred with which you are regarded by the citizens, has the courage to speak or act against the chiefs of the state he has the whole mass of the people ready to back him. 2 Next, when they have either killed or banished the oligarchs, they no longer venture to set a king over them, as they still remember with terror the injustice they suffered from the former ones, nor can they entrust the government with confidence to a select few, with the evidence before them of their recent error in doing so. 3 Thus the only hope still surviving unimpaired is in themselves, and to this they resort, making the state a democracy instead of an oligarchy and assuming the responsibility for the conduct of affairs. 4 Then as long as some of those survive who experienced the evils of oligarchical dominion, they are well pleased with the present form of government, and set a high value on equality and freedom of speech. But when a new generation arises and the democracy falls into the hands of the grandchildren of its founders, they have become so accustomed to freedom and equality that they no longer value them, and begin to aim at pre-eminence; and it is chiefly those of ample fortune who fall into this error. 6 So when they begin to lust for power and cannot attain it through themselves or their own good qualities, they ruin their estates, tempting and corrupting the people in every possible way. 7 And hence when by their foolish thirst for reputation they have created among the masses an appetite for gifts and the habit of receiving them, democracy in its p289 turn is abolished and changes into a rule of force and violence. 8 For the people, having grown accustomed to feed at the expense of others and to depend for their livelihood on the property of others, as soon as they find a leader who is enterprising but is excluded from the houses of office by his penury, institute the rule of violence; 9 and now uniting their forces massacre, banish, and plunder, until they degenerate again into perfect savages and find once more a master and monarch. | Shuckburgh +9.+ For no sooner had the knowledge of the jealousy and hatred existing in the citizens against them emboldened some one to oppose
the government by word or deed, than he was sure to find the whole people ready and prepared to take his side. Having then got rid of these rulers by assassination or exile, they do not venture to set up a king again, being still in terror of the injustice to which this led before; nor dare they intrust the common interests again to more than one, considering the recent example of their misconduct: and therefore, as the only sound hope left them is that which depends upon themselves, they are driven to take refuge in that; and so changed the constitution from an oligarchy to a _democracy_, and took upon themselves the superintendence and charge of the state. And as long as any survive who have had experience of oligarchical supremacy and domination, they regard their present constitution as a blessing, and hold equality and freedom as of the utmost value. But as soon as a new generation has arisen, and the democracy has descended to their children’s children, long association weakens their value for equality and freedom, and some seek to become more powerful than the ordinary citizens; and the most liable to this temptation are the rich. So when they begin to be fond of office, and find themselves unable to obtain it by their own unassisted efforts and their own merits, they ruin their estates, while enticing and corrupting the common people in every possible way. By which means when, in their senseless mania for reputation, they have made the populace ready and greedy to receive bribes, the virtue of democracy is destroyed, and it is transformed into a government of violence and the strong hand. For the mob, habituated to feed at the expense of others, and to have its hopes of a livelihood in the property of its neighbours, as soon as it has got a leader sufficiently ambitious and daring, being excluded by poverty from the sweets of civil honours, produces a reign of mere violence. Then come tumultuous assemblies, massacres, banishments, redivisions of land; until, after losing all trace of civilisation, it has once more found a master and a despot. |
| Loeb 10 Such is the cycle of political revolution, the course appointed by nature in which constitutions change, disappear, and finally return to the point from which they started. 11 Anyone who clearly perceives this may indeed in speaking of the future of any state be wrong in his estimate of the time the process will take, but if his judgement is not tainted by animosity or jealousy, he will very seldom be mistaken as to the stage of growth or decline it has reached, and as to the form into which it will change. 12 And especially in the case of the Roman state will this method enable us to arrive at a knowledge of its formation, growth, and greatest perfection, and likewise of the change for the worse which is sure to follow some day. 13 For, as I said, this state, more than any other, has been formed and has grown naturally, and will undergo a natural decline and change to its contrary. 14 The reader will be able to judge of the truth of this from the subsequent parts of this work. | Shuckburgh This is the regular cycle of constitutional revolutions, and the natural order in which constitutions change, are transformed, and
return again to their original stage. If a man have a clear grasp of these principles he may perhaps make a mistake as to the dates at which this or that will happen to a particular constitution; but he will rarely be entirely mistaken as to the stage of growth or decay at which it has arrived, or as to the point at which it will undergo some revolutionary change. However, it is in the case of the Roman constitution that this method of inquiry will most fully teach us its formation, its growth, and zenith, as well as the changes awaiting it in the future; for this, if any constitution ever did, owed, as I said just now, its original foundation and growth to natural causes, and to natural causes will owe its decay. My subsequent narrative will be the best illustration of what I say. |
| Loeb 10 1 At present I will give a brief account of the legislation of Lycurgus, a matter not alien to my present purpose. 2 Lycurgus had perfectly well understood that all the above changes take place p291 necessarily and naturally, and had taken into consideration that every variety of constitution which is simple and formed on principle is precarious, as it is soon perverted into the corrupt form which is proper to it and naturally follows on it. 3 For just as rust in the case of iron and wood-worms and ship-worms in the case of timber are inbred pests, and these substances, even though they escape all external injury, fall a prey to the evils engendered in them, so each constitution has a vice engendered in it and inseparable from it. In kingship it is despotism, in aristocracy oligarchy, 5 and in democracy the savage rule of violence; and it is impossible, as I said above, that each of these should not in course of time change into this vicious form. 6 Lycurgus, then, foreseeing this, did not make his constitution simple and uniform, but united in it all the good and distinctive features of the best governments, so that none of the principles should grow unduly and be perverted into its allied evil, but that, the force of each being neutralized by that of the others, neither of them should prevail and outbalance another, but that the constitution should remain for long in a state of equilibrium like a well-trimmed boat, kingship being guarded from arrogance by the fear of the commons, who were given a sufficient share in the government, and the commons on the other hand not venturing to treat the kings with contempt from fear of the elders, who being selected from the best citizens would be sure all of them to be always on the side of justice; 10 so that that part of the state which was weakest owing to its subservience p293 to traditional custom, acquired power and weight by the support and influence of the elders. 11 The consequence was that by drawing up his constitution thus he preserved liberty at Sparta for a longer period than is recorded elsewhere.
|
Shuckburgh +10.+ For the present I will make a brief reference to the legislation
of Lycurgus: for such a discussion is not at all alien to my subject.
That statesman was fully aware that all those changes which I have
enumerated come about by an undeviating law of nature; and reflected
that every form of government that was unmixed, and rested on one
species of power, was unstable; because it was swiftly perverted
into that particular form of evil peculiar to it and inherent in
its nature. For just as rust is the natural dissolvent of iron,
wood-worms and grubs to timber, by which they are destroyed without
any external injury, but by that which is engendered in themselves;
so in each constitution there is naturally engendered a particular
vice inseparable from it: in kingship it is absolutism; aristocracy
it is oligarchy; in democracy lawless ferocity and violence; and to
these vicious states all these forms of government are, as I have
lately shown, inevitably transformed. Lycurgus, I say, saw all this,
and accordingly combined together all the excellences and distinctive
features of the best constitutions, that no part should become unduly
predominant, and be perverted into its kindred vice; and that, each
power being checked by the others, no one part should turn the scale
or decisively out-balance the others; but that, by being accurately
adjusted and in exact equilibrium, the whole might remain long steady
like a ship sailing close to the wind. The royal power was prevented
from growing insolent by fear of the people, which had also assigned to
it an adequate share in the constitution. The people in their turn were
restrained from a bold contempt of the kings by fear of the Gerusia:
the members of which, being selected on grounds of merit, were certain
to throw their influence on the side of justice in every question that
arose; and thus the party placed at a disadvantage by its conservative
tendency was always strengthened and supported by the weight and
influence of the Gerusia. The result of this combination has been that
the Lacedaemonians retained their freedom for the longest period of any
people with which we are acquainted.
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| Loeb 11 1 From the crossing of Xerxes to Greece . . . and for thirty years after this period, it was always one of those polities which was an object of special study, and it was at its best and nearest to perfection at the time of the Hannibalic war, the period at which I interrupted my narrative to deal with it. 2 Therefore now that I have described its growth, I will explain what were the conditions at the time when by their defeat at Cannae the Romans were brought face to face with disaster.
3 I am quite aware that to those who have been born and bred under the Roman Republic my account of it will seem somewhat imperfect owing to the omission of certain details. 4 For as they have p295 complete knowledge of it and practical acquaintance with all its parts, having been familiar with these customs and institutions from childhood, they will not be struck by the extent of the information I give but will demand in addition all I have omitted: they will not think that the author has purposely omitted small peculiarities, but owing to ignorance he has been silent regarding the origins of many things and some points of capital importance. 6 Had I mentioned them, they would not have been impressed by my doing so, regarding them as small and trivial points, but as they are omitted they will demand their inclusion as if they were vital matters, through a desire themselves to appear better informed than the author. 7 Now a good critic should not judge authors by what they omit, but by what they relate, and if he finds any falsehood in this, he may conclude that the omissions are due to ignorance; 8 but if all the writer says is true, he should admit that he has been silent about these matters deliberately and not from ignorance. 9 These remarks are meant for those who find fault with authors in cavilling rather than just spirit. . . . 10 In so far as any view of matter we form applies to the right occasion, so far expressions of approval or blame are sound. When circumstances change, and when applied to these changed conditions, the most excellent and true reflections of authors seem often not only not acceptable, but utterly offensive. . . . 11 The three kinds of government that I spoke of above all shared in the control of the Roman state. And such fairness and propriety in all respects was shown in the use of these three elements for drawing up the constitution and in its subsequent administration p297 that it was impossible even for a native to pronounce with certainty whether the whole system was aristocratic, democratic, or monarchical. This was indeed only natural. 12 For if one fixed one's eyes on the power of the consuls, the constitution seemed completely monarchical and royal; if on that of the senate it seemed again to be aristocratic; and when one looked at the power of the masses, it seemed clearly to be a democracy. 13 The parts of the state falling under the control of each element were and with a few modifications still are as follows. |
Shuckburgh +11.+ I have given an account of the constitution of Lycurgus, I will now endeavour to describe that of Rome at the period of their disastrous defeat at Cannae.
[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. |
| Loeb 12 1 The consuls, previous to leading out their legions, exercise authority in Rome over all public affairs, 2 since all the other magistrates except the tribunes are under them and bound to obey them, and it is they who introduce embassies to the senate. 3 Besides this it is they who consult the senate on matters of urgency, they who carry out in detail the provisions of its decrees. Again as concerns all affairs of state administered by the people it is their duty to take these under their charge, to summon assemblies, to introduce measures, and to preside over the execution of the popular decrees. As for preparation for war and the general conduct of operations in the field, here their power is almost uncontrolled; for they are empowered to make what demands they choose on the allies, to appoint military tribunes, to levy soldiers and select those who are fittest for service. 7 They also have the right of inflicting, when on active service, punishment on anyone under their command; 8 and they are authorized to spend any sum they decide upon from the public funds, being accompanied by a p299 quaestor who faithfully executes their instructions. 9 So that if one looks at this part of the administration alone, one may reasonably pronounce the constitution to be a pure monarchy or kingship. 10 I may remark that any changes in these matters or in others of which I am about to speak that may be made in present or future times do not in any way affect the truth of the views I here state. | Shuckburgh +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. |
| Loeb 13 1 To pass to the senate. In the first place it has the control of the treasury, all revenue and expenditure being regulated by it. 2 For with the exception of payments made to the consuls, the quaestors are not allowed to disburse for any particular object without a decree of the senate. 3 And even the item of expenditure which is far heavier and more important than any other — the outlay every five years by the censors on public works, whether constructions or repairs — is under the control of the senate, which makes a grant to the censors for the purpose. 4 Similarly crimes committed in Italy which require a public investigation, such as treason, conspiracy, poisoning, and assassination, are under the jurisdiction of the senate. 5 Also if any private person or community in Italy is in need of arbitration or indeed claims damages or requires succour or protection, the senate attends to all such matters. It also occupies itself with the dispatch of all embassies sent to countries outside of Italy for the purpose either of settling differences, or of offering friendly advice, or indeed of imposing demands, or of receiving submission, or of declaring war; 7 and in like manner with respect to embassies arriving in Rome it decides what reception and what answer p301 should be given to them. All these matters are in the hands of the senate, nor have the people anything whatever to do with them. 8 So that again to one residing in Rome during the absence of the consuls the constitution appears to be entirely aristocratic; 9 and this is the conviction of many Greek states and many of the kings, as the senate manages all business connected with them. | Shuckburgh +13.+ The Senate has first of all the control of the treasury, and
regulates the receipts and disbursements alike. For the Quaestors cannot issue any public money for the various departments of the state without a decree of the Senate, except for the service of the Consuls. The Senate controls also what is by far the largest and most important expenditure, that, namely, which is made by the censors every _lustrum_ for the repair or construction of public buildings; this money cannot be obtained by the censors except by the grant of the Senate. Similarly all crimes committed in Italy requiring a public investigation, such as treason, conspiracy, poisoning, or wilful murder, are in the hands of the Senate. Besides, if any individual or state among the Italian allies requires a controversy to be settled, a penalty to be assessed, help or protection to be afforded,—all this is the province of the Senate. Or again, outside Italy, if it is necessary to send an embassy to reconcile warring communities, or to remind them of their duty, or sometimes to impose requisitions upon them, or to receive their submission, or finally to proclaim war against them,—this too is the business of the Senate. In like manner the reception to be given to foreign ambassadors in Rome, and the answers to be returned to them, are decided by the Senate. With such business the people have nothing to do. Consequently, if one were staying at Rome when the Consuls were not in town, one would imagine the constitution to be a complete aristocracy: and this has been the idea entertained by many Greeks, and by many kings as well, from the fact that nearly all the business they had with Rome was settled by the Senate. |
| Loeb 14 1 After this we are naturally inclined to ask what part in the constitution is left for the people, considering that the senate controls all the particular matters I mentioned, and, what is most important, manages all matters of revenue and expenditure, and considering that the consuls again have uncontrolled authority as regards armaments and operations in the field. 3 But nevertheless there is a part and a very important part left for the people. 4 For it is the people which alone has the right to confer honours and inflict punishment, the only bonds by which kingdoms and states and in a word human society in general are held together. 5 For where the distinction between these is overlooked or is observed but ill applied, no affairs can be properly administered. How indeed is this possible when good and evil men are held in equal estimation? 6 It is by the people, then, in many cases the offences punishable by a fine are tried when the accused have held the highest office; and they are the only court which may try on capital charges. 7 As regards the latter they have a practice which is praiseworthy and should p303 be mentioned. Their usage allows those on trial for their lives when found guilty liberty to depart openly, thus inflicting voluntary exile on themselves, if even only one of the tribes that pronounce the verdict has not yet voted. 8 Such exiles enjoy safety in the territories of Naples, Praeneste, Tibur, and other civitates foederatae. 9 Again it is the people who bestow office on the deserving, the noblest regard of virtue in a state; 9 the people have the power of approving or rejecting laws, and what is most important of all, they deliberate on the question of war and peace. 11 Further in the case of alliances, terms of peace, and treaties, it is the people who ratify all these or the reverse. 12 Thus here again one might plausibly say that the people's share in the government is the greatest, and that the constitution is a democratic one. | Shuckburgh +14.+ After this one would naturally be inclined to ask what part
is left for the people in the constitution, when the Senate has
these various functions, especially the control of the receipts and
expenditure of the exchequer; and when the Consuls, again, have
absolute power over the details of military preparation, and an
absolute authority in the field? There is, however, a part left the
people, and it is a most important one. For the people is the sole
fountain of honour and of punishment; and it is by these two things
and these alone that dynasties and constitutions and, in a word, human
society are held together: for where the distinction between them is
not sharply drawn both in theory and practice, there no undertaking
can be properly administered,—as indeed we might expect when good and
bad are held in exactly the same honour. The people then are the only
court to decide matters of life and death; and even in cases where the
penalty is money, if the sum to be assessed is sufficiently serious,
and especially when the accused have held the higher magistracies. And
in regard to this arrangement there is one point deserving especial
commendation and record. Men who are on trial for their lives at
Rome, while sentence is in process of being voted,—if even only one
of the tribes whose votes are needed to ratify the sentence has not
voted,—have the privilege at Rome of openly departing and condemning
themselves to a voluntary exile. Such men are safe at Naples or
Praeneste or at Tibur, and at other towns with which this arrangement
has been duly ratified on oath. |
| Loeb 15 1 Having stated how political power is distributed among the different parts of the state, I will now explain how each of the three parts is enabled, if they wish, to counteract or co-operate with the others. 2 The consul, when he leaves with his army invested with the powers I mentioned, appears indeed to have absolute authority in all matters necessary for carrying out his purpose; but in fact he requires the support of the people and the senate, and is not able to bring his operations to a conclusion without them. 4 For it is obvious that the legions require constant supplies, and without the consent of the senate, neither corn,º clothing, nor pay can be provided; 5 so that the commander's p305 plans come to nothing, if the senate chooses to be deliberately negligent and obstructive. 6 It also depends on the senate whether or not a general can carry out completely his conceptions and designs, since it has the right of either superseding him when his year's term of office has expired or of retaining him in command. 7 Again it is in its power to celebrate with pomp and to magnify the successes of a general or on the other hand to obscure and belittle them. 8 For the processions they call triumphs, in which the generals bring the actual spectacle of their achievements before the eyes of their fellow-citizens, cannot be properly organized and sometimes even cannot be held at all, unless the senate consents and provides the requisite funds. 9 As for the people it is most indispensable for the consuls to conciliate them, however far away from home they may be; for, as I said, it is the people which ratifies or annuls terms of peace and treaties, 10 and what is most important, on laying down office the consuls are obliged to account for their actions to the people. 11 So that in no respect is it safe for the consuls to neglect keeping in favour with both the senate and the people. | Shuckburgh +15.+ Such, then, is the distribution of power between the several parts of the state. I must now show how each of these several parts
can, when they choose, oppose or support each other.[Sidenote: The Consul dependent on the Senate,]The Consul, then, when he has started on an expedition with the powers I have described, is to all appearance absolute in the administration of the business in hand; still he has need of the support both of people and Senate, and, without them, is quite unable to bring the matter to a successful conclusion. For it is plain that he must have supplies sent to his legions from time to time; but without a decree of the Senate they can be supplied neither with corn, nor clothes, nor pay, so that all the plans of a commander must be futile, if the Senate is resolved either to shrink from danger or hamper his plans. And again, whether a Consul shall bring any undertaking to a conclusion or no depends entirely upon the Senate: for it has absolute authority at the end of a year to send another Consul to supersede him, or to continue the existing one in his command. Again, even to the successes of the generals the Senate has the power to add distinction and glory, and on the other hand to obscure their merits and lower their credit. For these high achievements are brought in tangible form before the eyes of the citizens by what are called “triumphs.” [Sidenote: and on the people.]But these triumphs the commanders cannot celebrate with proper pomp, or in some cases celebrate at all, unless the Senate concurs and grants the necessary money. As for the people, the Consuls are pre-eminently obliged to court their favour, however distant from home may be the field of their operations; for it is the people, as I have said before, that ratifies, or refuses to ratify, terms of peace and treaties; but most of all because when laying down their office they have to give an account[291] of their administration before it. Therefore in no case is it safe for the Consuls to neglect either the Senate or the goodwill of the people. |
| Loeb 16 1 The senate again, which possesses such great power, is obliged in the first place to pay attention to the commons in public affairs and respect the wishes of the people, 2 and it cannot carry out inquiries into the most grave and important offences against the state, punishable with death, and their correction, p307 unless the senatus consultum is confirmed by the people. 3 The same is the case in matters which directly affect the senate itself. For if anyone introduces a law meant to deprive the senate of some of its traditional authority, or to abolish the precedence and other distinctions of the senators or even to curtail them of their private fortunes, it is the people alone which has the power of passing or rejecting any such measure. 4 And what is most important is that if a single one of the tribunes interposes, the senate is unable to decide finally about any matter, and cannot even meet and hold sittings; 5 and here it is to be observed that the tribunes are always obliged to act as the people decree and to pay every attention to their wishes. Therefore for all these reasons the senate is afraid of the masses and must pay due attention to the popular will. | Shuckburgh +16.+ As for the Senate, which possesses the immense power I have
described, in the first place it is obliged in public affairs to take the multitude into account, and respect the wishes of the people; and it cannot put into execution the penalty for offences against the republic, which are punishable with death, unless the people first ratify its decrees. Similarly even in matters which directly affect the senators,—for instance, in the case of a law diminishing the Senate’s traditional authority, or depriving senators of certain dignities and offices, or even actually cutting down their property,—even in such cases the people have the sole power of passing or rejecting the law. But most important of all is the fact that, if the Tribunes interpose their veto, the Senate not only are unable to pass a decree, but cannot even hold a meeting at all, whether formal or informal. Now, the Tribunes are always bound to carry out the decree of the people, and above all things to have regard to their wishes: therefore, for all these reasons the Senate stands in awe of the multitude, and cannot neglect the feelings of the people. |
| Loeb 17 1 Similarly, again, the people must be submissive to the senate and respect its members both in public and in private. 2 Through the whole of Italy a vast number of contracts, which it would not be easy to enumerate, are given out by the censors for the construction and repair of public buildings, and besides this there are many things which are farmed, such as navigable rivers, harbours, gardens, mines, lands, in fact everything that forms part of the Roman dominion. 3 Now all these matters are undertaken by the people, and one may almost say that everyone is interested in these contracts and the work they involved. 4 For certain people are the actual purchasers from the censors of the contracts, others are the partners of these first, others stand surety for them, others pledge their own fortunes p309 to the state for this purpose. 5 Now in all these matters the senate is supreme. It can grant extension of time; it can relieve the contractor if any accident occurs; and if the work proves to be absolutely impossible to carry out it can liberate him from his contract. 6 There are in fact many ways in which the senate can either benefit or indicate those who manage public property, as all these matters are referred to it. 7 What is even most important is that the judges in most civil trials, whether public or private, are appointed from its members, where the action involves large interests. 8 So that all citizens being at the mercy of the senate, and looking forward with alarm to the uncertainty of litigation, are very shy of obstructing or resisting its decisions. 9 Similarly everyone is reluctant to oppose the projects of the consuls as all are generally and individually under their authority when in the field. | Shuckburgh +17.+ In like manner the people on its part is far from being
independent of the Senate, and is bound to take its wishes into account both collectively and individually. For contracts, too numerous to count, are given out by the censors in all parts of Italy for the repairs or construction of public buildings; there is also the collection of revenue from many rivers, harbours, gardens, mines, and land—everything, in a word, that comes under the control of the Roman government: and in all these the people at large are engaged; so that there is scarcely a man, so to speak, who is not interested either as a contractor or as being employed in the works. For some purchase the contracts from the censors for themselves; and others go partners with them; while others again go security for these contractors, or actually pledge their property to the treasury for them. Now over all these transactions the Senate has absolute control. It can grant an extension of time; and in case of unforeseen accident can relieve the contractors from a portion of their obligation, or release them from it altogether, if they are absolutely unable to fulfil it. And there are many details in which the Senate can inflict great hardships, or, on the other hand, grant great indulgences to the contractors: for in every case the appeal is to it. But the most important point of all is that the judges are taken from its members in the majority of trials, whether public or private, in which the charges are heavy.[292] Consequently, all citizens are much at its mercy; and being alarmed at the uncertainty as to when they may need its aid, are cautious about resisting or actively opposing its will. And for a similar reason men do not rashly resist the wishes of the Consuls, because one and all may become subject to their absolute authority on a campaign. |
| Loeb 18 1 Such being the power that each part has of hampering the others or co-operating with them, their union is adequate to all emergencies, so that it is impossible to find a better political system than this. 2 For whenever the menace of some common danger from abroad compels them to act in concord and support each other, so great does the strength of the state become, that nothing which is requisite can be neglected, as all are zealously competing in devising means of meeting the need of the hour, 3 nor can any decision arrived at fail to be executed promptly, as all are co-operating both in public and in private to the accomplishment of the task which they have set themselves; 4 and consequently this peculiar form of constitution possesses an irresistible power p311 of attaining every object upon which it is resolved. 5 When again they are freed from external menace, and reap the harvest of good fortune and affluence which is the result of their success, and in the enjoyment of this prosperity are corrupted by flattery and idleness and wax insolent and overbearing, as indeed happens often enough, 6 it is then especially that we see the state providing itself a remedy for the evil from which it suffers. 7 For when one part having grown out of proportion to the others aims at supremacy and tends to become too predominant, it is evident that, as for the reasons above given none of the three is absolute, but the purpose of the one can be counterworked and thwarted by the others, none of them will excessively outgrow the others or treat them with contempt. 8 All in fact remains in statu quo, on the one hand, because any aggressive impulse is sure to be checked and from the outset each estate stands in dread of being interfered with by the others. . . . | Shuckburgh +18.+ The result of this power of the several estates for mutual
help or harm is a union sufficiently firm for all emergencies, and a constitution than which it is impossible to find a better. For whenever any danger from without compels them to unite and work together, the strength which is developed by the State is so extraordinary, that everything required is unfailingly carried out by the eager rivalry shown by all classes to devote their whole minds to the need of the hour, and to secure that any determination come to should not fail for want of promptitude; while each individual works, privately and publicly alike, for the accomplishment of the business in hand. Accordingly, the peculiar constitution of the State makes it irresistible, and certain of obtaining whatever it determines to attempt. Nay, even when these external alarms are past, and the people are enjoying their good fortune and the fruits of their victories, and, as usually happens, growing corrupted by flattery and idleness, show a tendency to violence and arrogance,—it is in these circumstances, more than ever, that the constitution is seen to possess within itself the power of correcting abuses. For when any one of the three classes becomes puffed up, and manifests an inclination to be contentious and unduly encroaching, the mutual interdependency of all the three, and the possibility of the pretensions of any one being checked and thwarted by the others, must plainly check this tendency: and so the proper equilibrium is maintained by the impulsiveness of the one part being checked by its fear of the other.... |
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