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, whose business it fhall be to defend the commons from injuries. These 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 these 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 subject) had like to have been fo fatal to their ftate. And from this time, the tribunes began a custom of accusing 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 leaft 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 publick; but but the fenate could not be brought to give their confent. For, several 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 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 treason, and a day appointed for his trial; but difdaining to make his defence, he chofe 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 magistrate within his own jurisdiction, as much as that of the confuls. The tribunes also 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 also 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 the kingly power. And the fenate obferving, how in all contentions they were forced to yield to the tribunes and peo * Dionyf. Halicar. ple, ple, thought it their wifest course 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 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 these laws into order, ten 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 thofe, 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 confulship, which hitherto had only been difpofed to the former, fhould now lie in common to the pretenfions of any Roman whatfoever. 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 history, 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 395 this matter any farther 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 controversy. * Polybius tells us, that in the second Punick war the Carthaginians were declining, because the balance was got too much on the fide of the people; whereas the Romans were in their greatest 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 farther acquifitions. This however must be granted, that (till about the middle of the fourth century) when the fenate appeared refolute at any time upon exerting their authority, and adhered closely together, they did often carry their point. Besides, it is observed 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 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 just mentioned, of never drawing blood in a tumult; partly by the warlike genius of the people, which in thofe 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 farther 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 perfon of as great abilities, and as much fagacity, as any of his age, from obferving 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 those abuses • and corruptions, which in time destroy a government, are sown along with the very feeds of it, and • both grow up together; and that as rust eats away iron, and worms devour wood, and both are a 'fort of plagues born and bred along with the fubstance they destroy; fo with every form and scheme of government that man can invent, fome vice or corruption creeps in with the very institution, which grows up along with, and at last destroys it.' + The fame author, in another place, ventures so far as to guefs at the particular fate, which would attend the Roman government. He fays, its ruin would arise from the popular tumults, which would introduce a dominatio plebis, or tyranny of the people; wherein it is certain he had reason, and therefore might have adventured to pursue his conjec * Lib. 5. + Fragm. lib. 6. tures |
