ies of troops; it
regulated duties and taxes; it gave audience to ambassadors; it
determined upon the way that war should be conducted; it decreed to what
provinces governors should be sent; it declared martial law in the
appointment of dictators; and it decreed triumphs to fortunate generals.
The senators, as a badge of distinction, wore upon their tunics a broad
purple stripe, and they had the privilege of the best seats in the
theatres. Their decisions were laws _(leges)._ A large part of them had
held curule offices, which entitled them to a seat in the senate for
life. The curule officers were the consuls, the praetors, the aediles,
the quaestors, the tribunes; so that an able senator was sure of a great
office in the course of his life. A man could scarcely be a senator
unless he had held a great office, nor could he often have held a great
office unless he were a senator. Thus it would seem that the Roman
constitution for three hundred years after the expulsion of the kings
was essentially aristocratic. The _plebs_ had but small consideration
till the time of the Gracchi.

But after the institution of tribunes a change in the constitution
gradually took place, so that it was neither aristocratic nor popular
exclusively, but was composed of both elements, and was a system of
balance of power between the various classes. The more complete the
balance of power, the closer is the resemblance to a constitutional
government. When one class acted as a check against another class, as
gradually came to pass, until the subversion of liberties by successful
generals, the senate, the magistrates, and the people in their
assemblies shared between them the political power, but the senate had a
preponderating influence. The judicial, the legislative, and the
executive authority was as well defined in Roman legislation as it is in
English or American. No person was above the authority of the laws; no
one class could subvert the liberties and prerogatives of another
class,--even the senate could not override the constitution. The
consuls, elected by the centuries, presided over the senate and over the
assemblies of the people. There was no absolute power exercised at Rome
until the subversion of the constitution, except by dictators chosen by
the senate in times of imminent danger. Nor could senators elect members
of their own body; the censors alone had the right of electing from the
ex-magistrates, and of excluding such as were