Page:Montesquieu - The spirit of laws.djvu/289

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OF LAWS.
237

Book XI.
Chap. 12.
nate together, convened the people, laid some affairs before the latter, and regulated the rest with the senate[1].

The authority of the senate was very great. The kings oftentimes pitched upon senators with whom they judged in conjunction; and they never laid any affair before the people, till it had been previously debated[2] in the senate.

The people had the right of chufing[3] magistrates, of consenting to the new laws, and, with the king's permission, of making war and peace: But they had not the power of judging. When Tullus Hostilius referred the trial of Horatius to the people, he had his particular reasons, which may be seen in Dionysius Halicarnasseus[4].

The constitution altered under[5] Servius Tullius. The senate had no share in his election; he caused himself to be proclaimed by the people; he resigned the power of judging civil causes[6], reserving none to himself but the criminal; he laid all affairs directly before the people; he eased them of taxes, and imposed the whole burden on the Patricians. Hence in proportion as he weakened the regal together with the senatorian power, he augmented that of the people[7].

  1. It was by virtue of a senatus consultum that Tullus Hostilius ordered Alba to be destroyed. Dionys. Halicarn, book 3. p. 167, & 172.
  2. Ibid, book 4, p 276.
  3. Ibid. book 2. And yet they could not have the nomination of all offices, since Valerius Publicola made that famous law by which every citizen was forbid to exercise any employment unless he had obtained it by the suffrage of the people.
  4. Book 3, p. 159.
  5. Dionys. Halicarn. book 4.
  6. He diversted himself of half the regal power, says Dionys. Halicarn. book 4, p. 229.
  7. It was thought that if he had not been prevented by Tarquin he would have established a popular government. Dionys. Halicarn. book 4, p. 243.
Tarquin