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ssembling by tribes；＇39＇ and not by centuries； and when the new magistracies＇40＇ of tribunes and ？diles were established in favour of the people； the latter obtained that they should meet by curi？ in order to nominate them； and after their power was quite settled； they gained＇41＇ so far their point as to assemble by tribes to proceed to this nomination。
15。 In what Manner Rome； in the flourishing State of that Republic； suddenly lost its Liberty。 In the heat of the contests between the patricians and the plebeians； the latter insisted upon having fixed laws； to the end that the public judgments should no longer be the effect of capricious will or arbitrary power。 The senate； after a great deal of resistance； acquiesced； and decemvirs were nominated to compose those laws。 It was thought proper to grant them an extraordinary power； because they were to give laws to parties whose views and interest it was almost impossible to unite。 The nomination of all magistrates was suspended； and the decemvirs were chosen in the comitia sole administrators of the republic。 Thus they found themselves invested with the consular and the tribunition power。 By one they had the privilege of assembling the senate； by the other that of convening the people； but they assembled neither senate nor people。 Ten men only of the republic had the whole legislative； the whole executive； and the whole judiciary power。 Rome saw herself enslaved by as cruel a tyranny as that of Tarquin。 When Tarquin trampled on the liberty of that city； she was seized with indignation at the power he had usurped； when the decemvirs exercised every act of oppression； she was astonished at the extraordinary power she had granted。
What a strange system of tyranny a tyranny carried on by men who had obtained the political and military power； merely from their knowledge in civil affairs； and who at that very juncture stood in need of the courage of those citizens to protect them abroad who so tamely submitted to domestic oppression！
The spectacle of Virginia's death； whom her father immolated to chastity and liberty； put an end to the power of the decemvirs。 Every man became free； because every man had been injured； each showed himself a citizen because each had a tie of the parent。 The senate and the people resumed a liberty which had been committed to ridiculous tyrants。
No people were so easily moved by public spectacles as the Romans。 That of the empurpled body of Lucretia put an end to the regal government。 The debtor who appeared in the forum covered with wounds caused an alteration in the republic。 The decemvirs owed their expulsion to the tragedy of Virginia。 To condemn Manlius； it was necessary to keep the people from seeing the Capitol。 C？sar's bloody garment flung Rome again into slavery。
16。 Of the legislative Power in the Roman Republic。 There were no rights to contest under the decemvirs： but upon the restoration of liberty； jealousies revived； and so long as the patricians had any privileges left； they were sure to be stripped of them by the plebeians。
The mischief would not have been so great had the plebeians been satisfied with this success； but they also injured the patricians as citizens。 When the people assembled by curi？ or centuries； they were composed of senators； patricians； and plebeians； in their disputes the plebeians gained this point；＇42＇ that they alone without patricians or senate should enact the laws called Plebiscita； and the assemblies in which they were made had the name of comitia by tribes。 Thus there were cases in which the patricians＇43＇ had no share in the legislative power； but＇44＇ were subject to the legislation of another body of the state。 This was the extravagance of liberty。 The people； to establish a democracy； acted against the very principles of that government。 One would have imagined that so exorbitant a power must have destroyed the authority of the senate。 But Rome had admirable institutions。 Two of these were especially remarkable： one by which the legislative power of the people was established； and the other by which it was limited。
The censors； and before them the consuls； modelled＇45＇ and created； as it were； every five years the body of the people； they exercised the legislation on the very part that was possessed of the legislative power。 〃Tiberius Gracchus；〃 says Cicero； 〃caused the freedmen to be admitted into the tribes； not by the force of his eloquence； but by a word； by a gesture； which had he not effected； the republic； whose drooping head we are at present scarcely able to uphold； would not even exist。〃
On the other hand； the senate had the power of rescuing； as it were； the republic out of the hands of the people； by creating a dictator； before whom the sovereign bowed his head； and the most popular laws were silent。＇46＇
17。 Of the executive Power in the same Republic。 Jealous as the people were of their legislative power； they had no great uneasiness about the executive。 This they left almost entirely to the senate and to the consuls； reserving scarcely anything more to themselves than the right of choosing the magistrates； and of confirming the acts of the senate and of the generals。
Rome； whose passion was to command； whose ambition was to conquer； whose commencement and progress were one continued usurpation； had constantly affairs of the greatest weight upon her hands； her enemies were ever conspiring against her； or she against her enemies。
As she was obliged to behave on the one hand with heroic courage； and on the other with consummate prudence； it was requisite； of course； that the management of affairs should be committed to the senate。 Thus the people disputed every branch of the legislative power with the senate； because they were jealous of their liberty； but they had no disputes about the executive； because they were animated with the love of glory。
So great was the share the senate took in the executive power； that； as Polybius＇47＇ informs us； foreign nations imagined that Rome was an aristocracy。 The senate disposed of the public money； and farmed out the revenue； they were arbiters of the affairs of their allies； they determined war or peace； and directed in this respect the consuls； they fixed the number of the Roman and of the allied troops； disposed of the provinces and armies to the consuls or pr？tors； and upon the expiration of the year of command had the power of appointing successors； they decreed triumphs； received and sent embassies： they nominated； rewarded； punished； and were judges of kings； declared them allies of the Roman people； or stripped them of that title。
The consuls levied the troops which they were to carry into the field； had the command of the forces by sea and by land； disposed of the forces of the allies； were invested with the whole power of the republic in the provinces； gave peace to the vanquished nations； imposed conditions on them； or referred them to the senate。
In the earliest times； when the people had some share in the affairs relating to war or peace； they exercised rather their legislative than their executive power。 They scarcely did anything else but confirm the acts of the kings； and after their expulsion those of the consuls or senate。 So far were they from being the arbiters of war that we have instances of its having been often declared； notwithstanding the opposition of the tribunes。 But growing wanton in their prosperity； they increased their executive power。 Thus＇48＇ they created the military tribunes； the nomination of whom till then had belonged to the generals； and some time before the first Punic war； they decreed that only their own body should have the right of declaring war。＇49＇
18。 Of the judiciary Power in the Roman Government。 The judiciary power was given to the people； to the senate； to the magistrates； and to particular judges。 We must see in what manner it was distributed； beginning with their civil affairs。
The consuls had the judiciary power＇50＇ after the expulsion of the kings； as the pr？tors were judges after the consuls。 Servius Tullius had divested himself of the power of determining civil causes； which was not resumed by the consuls； except in some＇51＇ very rare cases； for that reason called extraordinary。＇52＇ They were satisfied with naming the judges； and establishing the several tribunals。 By a discourse of Appius Claudius； in Dionysius Halicarnassus；＇53＇ it appears that as early as the 259th year of Rome this was looked upon as a settled custom among the Romans； and it is not tracing it very high to refer it to Servius Tullius。
Every year the pr？tor made a list＇54＇ of such as he chose for the office of judges during his magistracy。 A sufficient number was pitched upon for each cause； a custom very nearly the same as that now practised in England。 And what was extremely favourable to liberty＇55＇ was the pr？tor's fixing the judges with the consent＇56＇ of the parties。 The great number of exceptions that can be made in England amounts pretty nearly to this very custom。
The judges decided only the questions relating to matter of fact；＇57＇ for example； whether a sum of money had been paid or not； whether an act had been committed or not。 But as to questions of law；＇58＇ as these required a