was altogether elective. Romulus himself, when he had built the city, was declared king by the univerfal confent of the people, and by augury, which was there understood for divine appointment. Among other divifions he made of the people, one was into patricians and plebeians: the former were like the barons of England fome time after the conquest; and the latter are alfo defcribed to be almost exactly what our commons were then. For they were dependants upon the partricians, whom they chofe for their patrons and protectors, to answer for their appearance, and defend them in any process: they also supplied their patrons with money in exchange for their protection. This cuftom of patronage, it feems, was very antient, and long practifed among the Greeks. Out of these patricians Romulus chose an hundred to be a fenate, or grand council, for advice and affiftance to him in the administration. The fenate therefore originally confifted all of nobles, and were of themselves a ftanding council, the people being only convoked upon fuch occafions, as by this inftitution of Romulus fell into their cognizance: thofe were to conftitute magistrates, to give their votes for making laws, and to advise upon entering on a war. But the two former of these popular privileges were to be confirmed by authority of the fenate; and the laft was only permitted at the king's pleasure. This was the utmost exent of power pretended to by the commons in the time of Romulus; all the reft being divided between the king and the fenate; the whole agreeing very nearly with the conftitution of England for fome centuries after the conqueft. After After a year's inter-regnum from the death of Romulus the fenate of their own authority chose a fucceffor, and a ftranger, merely upon the fame of his virtue, with-. out afking the consent of the commons; which custom they likewise observed in the two following kings. But in the election of Tarquinius Prifcus, the fifth king, we first hear mentioned, that it was done populi impetratâ veniâ; which indeed was but very reasonable for a free people to expect; though I cannot remember, in my little reading, by what incidents they were brought to advance fo great a ftep. However it were, this prince in gratitude to the people, by whofe confent he was chofen, elected a hundred fenators out of the commons, whofe number, with former additions, was now amounted to three hundred. The people having once discovered their own strength, did foon take occafion to exert it, and that by very great degrees. For at this king's death, who was murdered by the fons of a former, being at a lofs for a fuc ceffor, Servius Tullius, a ftranger, and of mean extraction, was chofen protector of the kingdom by the people, without the confent of the fenate; at which the nobles being difpleased, he wholly applied himfelf to gratify the commons, and was by them declared and confirmed no longer protector, but king. This prince first introduced the custom of giving freedom to fervants, fo as to become citizens of equal privileges with the reft, which very much contributed to increase the power of the people. Thus in a very few years the commons proceeded fo far, as to wreft even the power of chufing a king entirely out of the hands of the nobles; which was fo great a leap, and caused fuch a conVOL. III. D vulfion vulfion and fruggle in the ftate, that the conftitution could not bear it; but civil diffentions arofe, which immediately were followed by the tyranny of a fingle perfon, as this was by the utter fubverfion of the regal government, and by a fettlement upon a new foundation. For the nobles, fpighted at this indignity done them by the commons, firmly united in a body, depofed this prince by plain force, and chofe Tarquin the Proud, who running into all the forms and methods of tyranny, after a cruel reign, was expelled by an univerfal concurrence of nobles and people, whom the miferies of his reign had reconciled. When the confular government began, the balance of power between the nobles and plebeians was fixed. anew the two first confuls were nominated by the nobles, and confirmed by the commons; and a law was enacted, That no perfon fhould bear any magiftracy in Rome, injuffu populi, that is, without confent of the commons. * In fuch turbulent times as thefe, many poorer citizens had contracted numerous debts either to the richer fort among themselves, or to fenators and other nobles and the cafe of debtors in Rome for the firft four centuries was, after the fet time for payment, no choice but either to pay or be the creditor's flave. In this juncture the commons leave the city in mutiny and discontent, and will not return but upon condition to be acquitted of all their debts; and moreover, that certain magiftrates be chosen yearly, whofe business it fhall be to defend the * Ab Urbe Condita. From the building of the city, com commons from injuries. Thefe are called tribunes of the people, their perfons are held facred and inviolable, and the people bind themfelves by oath never to abrogate the office. By thefe tribunes, in process of time, the people were grofly imposed on to ferve the turns and occafions of revengeful or ambitious men, and to commit fuch exorbitances as could not end, but in the diffolution of the govern ment. These tribunes, a year or two after their inftitution, kindled great diffentions between the nobles and the commons on the account of Coriolanus, a nobleman, whom the latter had impeached, and the confequences of whofe impeachment (if I had not confined myself to Grecian examples for that part of my fubject) had like to have been fo fatal to their ftate. And from this time the tribunes began a custom of accufing to the people whatever nobles they pleased, several of whom were banished of put to death in every age. At this time the Romans were very much engaged in wars with their neighbouring ftates; but upon the leaft intervals of peace the quarrels between the nobles and plebeians would revive; and one of the moft frequent fubjects of their differences was the conquered lands, which the commons would fain have divided among the publick; but the fenate could not be brought to give their confent. For feveral of the wifeft among the nobles began to apprehend the growing power of the people; and therefore knowing what an acceffion thereof would accrue to them by fuch an addition of property, used all means to prevent D 2 : prevent it for this the Appian family was moft noted, and thereupon most hated by the commons One of them having made a fpeech againft this divifion of lands, was impeached by the people of high treason, and a day appointed for his trial; but difdaining to make his defence, he chose rather the ufual Roman remedy of killing himself; after whose death the commons prevailed, and the lands were divided among them. This point was no fooner gained, but new diffentions began for the plebeians would fain have a law enacted to lay all mens rights and privileges upon the fame level; and to enlarge the power of every magiftrate within his own jurifdiction, as much as that of the confuls. The tribunes alfo obtained to have their number doubled, which before was five: and the author tells us, † that their infolence and power encreased with their number, and the feditions were alfo doubled with it. By the beginning of the fourth century from the building of Rome, the tribunes proceeded fo far in the name of the commons, as to accufe and fine the confuls themselves, who reprefented kingly power. And the fenate obferving, how in all contentions they were forced to yield to the tribunes and people, thought it their wifeft course to give way also to time; therefore a decree was made to fend ambaffadors to Athens, and to the other Grecian commonwealths planted in that part of Italy called Græcia Major, to make a collection of the best laws s; out of which, and some of their own, a new compleat body † Dionyf. Halicar. · of |