Page:Montesquieu - The spirit of laws.djvu/288

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230
THE SPIRIT


CHAP. XII.
Of the Government of the Kings of Rome, and in what manner the three powers were there distributed.

Book XI.
Chap. 12.
THE government of the kings of Rome had some relation to that of the kings of the heroic times of Greece. Its subversion, like the latter's, was owing to its general defect, though in itself, and in its own particular nature, it was exceeding good.

In order to give an adequate idea of this government, I shall distinguish that of the five first kings, that of Servius Tullius, and that of Tarquin.

The crown was elective, and under the five first kings the senate had the greatest share in the election.

Upon the kind's decease the senate examined whether they should continue the established form of government. If they thought proper to continue it, they named a magistrate[1] taken from their own body who chose a king; the senate were to approve of the election, the people to confirm it, and the augurs to declare the approbation of the Gods. If one of these three conditions was wanting, they were obliged to proceed to another election.

The constitution was a mixture of monarchy, aristocracy, and democracy; and such was the harmony of power, that there was no instance of jealousy or dispute in the first reigns. The king commanded the armies, and had the direction of the sacrifices; he had the power of determining[2] civil and criminal[3] causes; he called the se-

  1. Diomys. Halicarn. book 2. p. 120. & book 4. p. 242. & 243.
  2. See Tanaquil's discourse on Livy. book 1. dec. 1. and the regulation of Servius Tullius in Dionys. Halicarn book 4. p. 229.
  3. See Dionys. Halicarn. book 2. p. 119 and book 3. p. 171.
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