1.9

14. 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. But nevertheless there is a part and a very important part left for the people. 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. 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? 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. As regards the latter they have a practice which is praiseworthy and should 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. Such exiles enjoy safety in the territories of Naples, Praeneste, Tibur, and other civitates foederatae . Again it is the people who bestow office on the deserving, the noblest regard of virtue in a state; 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. Further in the case of alliances, terms of peace, and treaties, it is the people who ratify all these or the reverse. 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.