CHA PIÙ.

Of the diffenfions between the Patricians and Plebeians in Rome, with the confequences they had upon that State.

Having in the foregoing chapter confined myfelf to

the proceedings of the commons only by the method of impeachments against particular perfons, with the fatal effects they had upon the ftate of Athens, I fhall now treat of the diffenfions at Rome between the people and the collective body of the Patricians or Nobles. It is large fubject, but I shall draw it into as narrow a compafs as I can.

As Greece, from the most ancient accounts we have of it, was divided into feveral kingdoms, fo was most part of Italy * into feveral petty commonwealths. And as thofe kings in Greece are faid to have been de pofed by their people upon the fcore of their arbitrary proceedings, fo on the contrary the commonwealths of Italy were all fwallowed up, and concluded in the ty ranny of the Roman emperors. However, the differences between thofe Grecian monarchies and Italian republics were not very great: for, by the accounts Homer gives us of thofe Grecian princes who came to the fiege of Troy, as well as by feveral paffages in the Odyffee, it is manifeft, that the power of these princes in their feveral ftates was much of a fize with that of the kings in Sparta, the archon at Athens, the fuffetes at Carthage, and the confuls in Rome: fo that a limited and divided power feems to have been the most ancient and inherent principles of both those people in matters of government. And fuch did that of Rome continue from the time of Romulus, though with fome interruptions, to Julius Cæfar, when it ended in the tyranny of a fingle perfon. During which period (not many years longer than from the Nor man conquest to our age) the Commons were growing, by degrees, into power and property, gaining ground up• Dionyf. Halicar.

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on the Patricians, as it were, inch by inch, till at laft they quite overturned the balance, leaving all doors open to the practices of popular and ambitious men, who deftroyed the wifeft republic, and enslaved the noblest people that ever entered upon the ftage of the world. By what fteps and degrees this was brought to pass, fhall be the fubject of iny prefent inquiry.

While Rome was governed by kings, the monarchy was altogether elective. Romulus himfelf, when he had built the city, was declared King by the univerfal confent of the people, and by augury, which was there underftood 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 conqueft; and the latter are alfo defcribed to be almoft exactly what our Commons were then. For they were dependents upon the Patricians, whom they chose for their patrons and protectors, to anfwer for their appearance, and defend them in any procefs: they alfo fupplied their patrons with money in exchange for their protection. This cuftom of patron age, it feems, was very ancient, and long practifed a mong the Greeks.

Out of thefe Patricians Romulus chofe an hundred to be a fenate, or grand council, for advice and affiftance

to him in the administration. The fenate therefore o riginally confifted all of nobles, and were of theinfelves a ftanding council, the people being only convoked upon fuch occafions as, by this inftitution of Romulus, fell into their cognisance: thofe were to constitute magiftrates, to give their votes for making laws, and to advise upon entering on a war. But the two former of thefe 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 utinoft extent of power pretended to by the commons in the time of Romulus; all the rest being divided between the King and the fenate; the whole agreeing very nearly with the conftitution of England for fome centuries after the conquest.

After a year's inter-regnum from the death of Romulus, the fenate, of their own authority, chofe a fucceffor, and a stranger, merely upon the fame of his virtue, with

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out asking the confent 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 impetrata venia; 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 step. However it were, this prince in gratitude to the people, by whofe confent he was chofen, elected a hundred fenators out of the commons, whose number, with former additions, was now amounted to three hundred.

The people having once difcovered their own ftrength, 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 fucceffor, Servius Tullius, a stranger, and of mean extraction, was chofen protector of the kingdom by the people, without the confent of the fenate; at which the nobles being difpleafed, he wholly applied himself 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 such a convulfion and struggle in the ftate, that the constitution could not bear it; but civil diffenfions 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, fpited at this indignity done them by the commons, firmly united in a body, depofed this prince by plain force, and chose 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 miseries of his reign had reconciled.

When the confular government began, the balance of power between the nobles and plebeians was fixed anew: VOL. II.

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the two firft 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 of the 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 first 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 chofen yearly, whofe bufinefs it fhall be to defend the commons from injuries. Thefe are called tribunes of the people, their perfons are held facred and inviolable, and the people bind themselves by oath never to abrogate the office. By the fe tribunes, in procefs of time, the people were grofsly impofed on to ferve the turns and occafions of revengeful or ambitious men, and to commit fuch exorbitancies as could not end but in the diffolution of the government.

Thefe tribunes, a year or two after their institution, kindled great diffenfions between the nobles and the commons on the account of Coriolanus, a nobleinan 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 state. And from this time the tribunes began a custom of accufing to the people whatever nobles they pleased, several of whom were banished or put to death in every age.

At this time the Romans were very much engaged in wars with their neighbouring states; but upon the least intervals of peace the quarrels between the nobles and the plebeians would revive; and one of the most 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 wifest among the nobles began to apprehend the growing power of the people; and

* Ab urbe condita; from the building of the city.

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therefore knowing what an acceffion thereof would acerue to them by fuch an addition of property, used all means to prevent it. For this the Appian family was inoft noted, and thereupon moft hated by the commons. One of them having made a fpeech 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 kitling himself: after whofe death the commons prevailed, and the lands were divided among them.

This point was no fooner gained, but new diffenfions 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 increafed 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 namc of the commons, as to accufe and fine the confuls themfelves, who represented 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 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 beft laws; out of which, and fome 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 thefe laws into order ten men were chofen, and the adminiftration of all affairs left in their hands; what ufe they made of it, has been already fhewn. It was certainly a great revolution, produced entirely by the many unjuft incroachments 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 *-Dionyf. Halicar.