160 



to deal not with the theory of the Roman Constitution^ but 

 witli that constitution as it really stood, I can at once dismiss 

 the controversy alluded to, and proceed to compare the two 

 central powers of the Roman and the British political 

 organism. 



We had defined the line of demarcation between the Senate 

 and the Roman people, and had found that it left to the latter 

 a vast field of political power, that of direct legislation, juris- 

 diction, and election of the chief magistrates, which in England 

 has been enclosed within the province of Parliament. If, there- 

 fore, on this side we see the Roman Senate curtailed, we shall 

 on the other find, that it largely encroached upon what appears 

 to us the legitimate possession of the executive. The Roman 

 consuls and other magistrates changed annually ; the Senate 

 consisted of members chosen for life ; the consuls were respon- 

 sible to law ; the Senate was not. If we knew nothing more 

 than this, we should at once draw the inference, that the 

 political weight gravitated from the executive towards the 

 Senate in a far higher degree than it does in England from the 

 Government towards Parliament. This inference we find 

 supported by testimony. The Roman Senate was a kind of 

 administrative council ; it took cognizance of, and decided on, 

 all important administrative measures, not after their execu- 

 tion for the purpose of declaring its approval or disapproval, 

 but in the first instance with a view of authorizing the execu- 

 tive or of appointing a commission to undertake it. 



If, therefore, in point of legislative power the Roman Senate 

 was inferior to the British Parliament, it far exceeded the 

 influence of the latter by its great share in the administration 

 and government. We find the two institutions far from 

 agreeing with one another: the one being omnipotent in 

 legislation, and excluded from the administration ; the other 

 having almost absolute control over the latter and no im- 

 mediate influence in the former. This, then, being the case, 

 we might almost be inclined to doubt, if there was really an 



