CHAPTER L.: no council or magistrate should have it in their power to stop the public business of a city.

When Quintius Cincinnatus and Julius Mentus were Consuls of Rome, a disagreement arose between them, which caused an interruption of all the public business of the state. When this came to the knowledge of the Senate, they advised the creation of a Dictator, who might do what the discord between the Consuls had prevented them from doing. But the Consuls, disagreeing upon every other matter, agreed only in this one thing, — not to appoint a Dictator. So that the Senate, having no alternative, had recourse to the assistance of the Tribunes, who together with the Senate forced the Consuls to obedience. Whence we should note, in the first instance, the usefulness of the tribunate, which served not only to restrain the violence of the nobles against the people, but also against each other; and, secondly, that the institutions of a city never should place it in the power of a few to interrupt all the important business of the republic. For instance, if you give to a council authority to distribute honors and offices, or devolve upon any magistracy the administration of a certain business, it is proper to impose upon them either the necessity of doing it under all circumstances, or to provide that, in case of their not doing it themselves, it can and shall be done by some one else; otherwise, the constitution would be defective upon this point, and likely to involve the state in great dangers, as we have seen would have been the case in Rome, if they could not have opposed the authority of the Tribunes to the obstinacy of the Consuls.

In the republic of Venice the Grand Council distributed the honors and the offices; it happened several times that this body, from discontent or some erroneous suggestions, did not appoint successors to the magistrates of the city or of the provinces. This caused the greatest possible disorders, for all of a sudden both the city and its subject provinces lacked their legitimate judges; nor could they obtain anything if the majority of the council was not either satisfied or deceived. And this inconvenience would have led to the worst consequences

for the city, if the prudent citizens had not provided against it, by availing of the first convenient occasion to make a law that all the public functionaries in the city and in the provinces should never vacate their offices until their successors had been elected and were ready to fill their places. And thus they deprived the Grand Council of the power to expose the republic to great dangers by arresting all public business.