but, upon the leaft intervals of peace, the quarrels between the nobles and the 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 public; 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, ufed all means to prevent it: for this, the Appian family was moft noted, and thereupon moft hated, by the commons. One of them having made a speech against this divifion of lands, was impeached by the people, of high treafon, and a day appointed for his trial; but, difdaining to make his defence, he chofe rather the ufual Roman remedy, of killing himfelf: after whofe death, the commons prevailed, and the lands were divided among them. This point was no fooner gained, but new dif fenfions 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 jurif diction, 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 encreafed with their number, and the feditions were also doubled with it. * Dionyf. Halicar. By 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 accuse and fine the confuls themselves, who reprefented the kingly power. And the fenate obferving, how, in all contentions, they were forced to yield to the tribunes and people, thought it their wifeft courfe to give way alfo 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; out of which, and some of their own, a new complete body of law was formed, afterwards known by the name of the laws of the twelve tables. To digeft these laws into order, tén men were chofen, and the administration of all affairs left in their hands; what use they made of it, has been already fhewn. It was, certainly, a great revolution, produced entirely by the many unjust encroachments of the people; and might have wholly changed the fate of Rome, if the folly and vice of those, who were chiefly concerned, could have fuffered it to take root. A few years after, the commons made farther advances on the power of the nobles; demanding, among the reft, that the confulfhip, which, hitherto, had only been difpofed to the former, fhould now ly in common, to the pretenfions of any Roman whatsoever. This, though it failed at prefent, yet afterwards obtained, and was a mighty step to the ruin of the commonwealth. What I have hitherto faid of Rome, has been chiefly collected out of that exact and diligent writer, Dionyfius Halicarnaffeus, whofe hiftory, through the injury of time, reaches no farther than to the beginning of the fourth century after the building of Rome. The reft I fhall fupply from other authors; though I do not think it neceffary to deduce this matter any further, fo very particularly as I have hitherto done. To point at what time the balance of power was most equally held between the Lords and Commons in Rome, would, perhaps, admit a controverfy. Polybius tells us, that, in the second Punic war, the Carthaginians were declining, becaute the balance was got too much on the fide of the people; whereas the Romans were in the greateft vigour, by the power remaining in the fenate yet this was between two and three hundred years after the period. Dionyfius ends with; in which time, the commons had made feveral further acquifitions. This, however, muft be granted, that (till about the middle of the fourth century) when the fenate appeared refolute, at any time, upon exerting their authority, and ad hering clofely together, they did often carry their point. Befides, it is obferved, by the beft authors, that, in all the quarrels and tumults at Rome, from the expulfion of the kings, though the people frequently proceeded to rude, contumelious language, and fometimes fo far as to pull and hale one another about the Forum, yet no blood Fragm. lib. 6. + Dionyf. Halicar. Plut. &c. was was ever drawn in any popular commotions, till the time of the Gracchi: however, I am of opinion, that the balance had begun, many years before, to lean to the popular fide. But this default was corrected, partly by the principle juft mentioned, of never drawing blood in a tumult; partly by the warlike genius of the people, which, in those ages, was almost perpetually employed; and partly by their great commanders, who, by the credit they had in their armies, fell into the fcales, as a further counterpoife to the growing power of the people. Befides, Polybius, who lived in the time of Scipio Africanus the younger, had the fame apprehenfions of the continual encroachments made by the commons; and, being a person of as great abilities, and as much fagacity, as any of his age, from obfèrving the corruptions, which, he fays, had already entered into the Roman constitution, did very nearly foretel what would be the iffue of them. His words are very remarkable, and, with little addition, may be rendered to this purpose: That thofe abufes and corruptions, which, in time, deftroy a government, are fown along with the very feeds of it, and both grow up together; and that, as ruft eats away iron, and worms devour wood, and both are a fort of plagues, born and bred along with the fubftance they deftroy; fo, with every form and fcheme of government that man can invent, fome vice or corruption creeps in with the very inflitution, which grows up along with, and at laft destroys it *. The Y 3 Fragm. lib. 5. fame fame author, in another place †, as to guefs at the particular fate, attend the Roman government. ventures fo far which would He fays, its ruin would arife from the popular tumults, which would introduce a dominatio plebis, or tyranny of the people; wherein, it is certain, he had reafon; and, therefore, might have adventured to purfue his conjectures, fo far, as to the confequences of a popular tyranny, which, as perpetual experience teaches, never fails to be followed by the arbitrary government of a fingle perfon. About the middle of the fourth century from the building of Rome, it was declared lawful for nobles and plebeians to intermarry; which cuftom, among many other ftates, has proved the most effectual means to ruin the former, and raise the latter. And now, the greatest employments in the ftate, were, one after another, by laws forcibly enacted by the commons, made free to the people; the Confulship itself, the office of Cenfor, that of the Quæftors, or Commiffioners of the Treasury, the office of Prætor, or Chief Justice, the Priesthood, and even that of Dictator; the fenate, after long oppofition, yielding, merely for prefent quiet, to the continual urging clamours of the commons, and of the tribunes, their advocates. A law was likewife enacted, that the plebifcita, or a vote of the houfe of Commons, fhould be of universal obligation; nay, in time, the method of enacting laws was wholly inverted: for, whereas the fe ↑ Fragm. lib. 6. nate |