perſons who have exerciſed great employments; and in capital caſes they alone have juriſdiction; and a cuſtom prevails with them, to give thoſe who are tried for their lives a power of departing openly to voluntary baniſhment.
They have the power of conferring the magiſtracy upon thoſe they think worthy of it, which is the moſt honourable reward of merit any government can beſtow.
They have the power of rejecting and confirming laws, and determine concerning peace and war, alliances, accommodations, and conventions.
So that, from hence again, one may with reaſon aſſert, that the people have the greateſt ſhare in the government, and that the commonwealth is democratical.
Theſe orders, into which the commonwealth is divided, have the power to oppoſe, aſſiſt, and balance each other, as occaſion may require.
Though the conſul at the head of his army in the field, ſeems to have an abſolute power to carry every thing he propoſes into execution, yet he ſtill ſtands in need of the people and ſenate, and without their aſſiſtance can effect nothing; for neither corn, clothes, nor pay, can be furniſhed to the army without the conſent of the ſenate; who have alſo the power of fending another general to ſucceed him, as ſoon as the year is expired, or of continuing him in the command. Again, they may either magnify and extol, or obſcure and extenuate, the victories of the generals: for theſe cannot celebrate their triumphs unleſs the ſenate conſents to it, and furniſhes the neceſſary expence.
As the power of putting an end to the war is in the people, the generals are under a neceſſity of having their approbation, who have the right of ratifying and annulling all accommodations and
