CHAP. XIV.: In what Manner the Distribution of the three Powers began to change, after the Expulsion of the Kings.

THERE were four things that greatly prejudiced the liberty of Rome. The patricians had engrossed to themselves all public employments whatever; an exorbitant power was annexed to the consulate; the people were often insulted; and, in fine, they had scarce any influence at all left in the public suffrages. These four abuses were redressed by the people.

1st. It was regulated, that the plebeians might aspire to some magistracies; and by degrees they were rendered capable of them all, except that of interrex.

2d. the consulate was dissolved into several other magistracies Livy, 1 decad. book 6. ^†337: prætors were created, on whom the power was conferred of trying private causes; quæstors Quæstores parricidii. Pomponius, leg. 2. ff. de orig. Jur. ^†338 were nominated for determining those of a criminal

nature, ædiles were established for the civil administration; treasurers Plutarch, Life of Publicola. ^†339 were made for the management of the public money; and, in fine, by the creation of censors, the consuls were divested of that part of the legislative power which regulates the morals of the citizens, and the transient polity of the different bodies of the state. The chief privileges left them were, to preside in the great meetings Comitiis centuriatis. ^†340 of the people, to assemble the senate, and to command the armies.

3d. The sacred laws appointed tribunes, who had a power of checking the encroachments of the patricians, and prevented not only private, but likewise public, injuries.

In fine, the plebeians increased their influence in the general assemblies. The people of Rome were divided in three different manners; by centuries, by curiæ, and by tribes; and, whenever they gave their votes, they were convened one of those three ways.

In the first, the patricians, the leading men, the rich, and the senate, which was very near the same thing, had almost the whole authority; in the second they had less, and less still in the third.

The division into centuries was a division rather of estates and fortunes than of persons. The whole people were distributed into a hundred and ninety-three centuries See Livy, book 1. and Dionys. Halicarn. book 4 and 7. ^†341, which had each a single vote. The patricians and leading men composed the first ninety-eight centuries; and the other ninety-five consisted of the remainder of the citizens. In this division, therefore, the patricians were masters of the suffrages.

In the division into curiæ Dionys. Halicarn. book 9, p. 598. ^†342, the patricians had not the same advantages: some, however, they had; for it was necessary to consult the augurs, who were under the direction of the patricians; and no proposal could be made there to the people unless it had been previously laid before the senate, and approved of by a senatus consultum. But, in the division into tribes, they had nothing to do either with the augurs or with the decrees of the senate; and the patricians were excluded.

Now, the people endeavoured constantly to have those meetings by curiæ which had been customary by centuries; and by tribes, those they used to have before by curiæ: by which means, the direction of public affairs soon devolved from the patricians to the plebeians.

Thus, when the plebeians obtained the power of trying the patricians, a power which commenced in the affair of Coriolanus Ibid. book 7. ^†343, they insisted upon assembling by tribes Contrary to the ancient custom, as may be seen in Dionys. Halicarnass. book 5. p. 320. ^†344, and not by centuries: and, when the new magistracies Dionys. Halicarn. book 6, p. 410 and 411. ^†345 of tribunes and ædiles were established in favour of the people, the latter obtained that they should meet by curiæ, in order to nominate them; and, after their power was quite settled, they gained See Dionys. Halicarn. book 9, p. 650. ^†346 so far their point as to assemble by tribes, to proceed to this nomination.