1.11 to 1.12

16. 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, and it cannot carry out inquiries into the most grave and important offences against the state, punishable with death, and their correction, unless the senatus consultum is confirmed by the people. 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. 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; 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. 17. Similarly, again, the people must be submissive to the senate and respect its members both in public and in private. 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. 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. 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 to the state for this purpose. 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. 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. 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. 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. Similarly everyone is reluctant to oppose the projects of the consuls as all are generally and individually under their authority when in the field.