1.4 to 1.7

These remarks are meant for those who find fault with authors in cavilling rather than just spirit. . . . 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. . . . The three kinds of government that I spoke of above [monarchy, aristocracy, democracy] 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 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. 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. The parts of the state falling under the control of each element were and with a few modifications still are as follows. 12. The consuls, previous to leading out their legions, exercise authority in Rome over all public affairs, 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. 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. They also have the right of inflicting, when on active service, punishment on anyone under their command; and they are authorized to spend any sum they decide upon from the public funds, being accompanied by a quaestor who faithfully executes their instructions. 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. 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.