Page:Montesquieu - The spirit of laws.djvu/300

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BOOK IJtary tribunes, the nomination of whom till then Chap. 1 8 nac * belonged co the generals-, and fome time before the firft Punic war they decreed that themfelves only mould have the right * of declaring war.

CHAP. XVIII.

Of the judiciary Power in the Roman Government.

��judiciary power was given to the peo ple, to the fenate, to the magiftrates, and to particular judges. We muft fee in what man ner it was diftributed -, beginning with their civil affairs.

The confuls had ( the power of judging after the cxpulfion of the kings, as the prastors were judges after the confuls. Servius Tullius had diverted himfdf of the judgment of civil affairs, which was not rcfumed by the confuls, except in J fome very rare cafes, for that reafon called extraordinary ||. They were fatisfied with naming the judges, and with forming the feveral tribunals. By a difcourfe of slpphis ClaiiditiS) in Dionyfius ( l ) Halicarnafieus, ? 3 6 it appears, that as early as the 259th year of Rome, this was looked upon as an eftablifhed cuflom among the Romans, and it is not tracing it very high to refer it to Servius Tullius.

They extorted it from the fenate, fays Freinfnemi M, Dec. 2. Bo^k 6.

f There is no manner of doubt but the confuls had the power of | i civil affairs before the creation of the praetors. See

Livy Dec. i. Book 2. p. 10. Dionyf. Halicarn. Book 10. p. 62-. and the fame hook p. 645.

I The tribunes frequently judged by themfelves only, but no-

.ndered them more odious, Dionyf. Haiicarn. Book 11.

I

[| judicial extraardinaria* See the Inftitutes Book 4.

Every

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