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CHAP. XII.: Of the Government of the Kings of Rome, and in what Manner the three Powers were there distributed.
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 its own particular nature, it was exceeding good.
In order to give an adequate idea of this government, I shall distinguish that of the first five kings, that of Servius Tullus, 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 king’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†326 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 any of these three conditions were 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†327 civil and criminal†328 causes; he called the senate together, convened the people, laid some affairs before the latter, and regulated the rest with the senate†329.
The authority of the senate was very great. The kings oftentimes pitched upon senators with whom they sat in judgement; and they never laid any affair before the people till it had been previously debated†330 in that august assembly.
The people had the right of choosing†331 magistrates, of consenting to the new laws, and, with the king’s permission, of making war and peace: but they had not the judicial power. When Tullus Hostilius referred the trial of Horatius to the people, he had his particular reasons, which may be seen in Dionysius Halicarnasseus†332.
The constitution altered under†333 Servius Tullus. The senate had no share in his election; he caused himself to be proclaimed by the people; he resigned the power of hearing civil causes†334, reserving none to himself but those of a criminal nature; he laid all
affairs directly before the people; eased them of the taxes, and imposed the whole burthen on the patricians. Hence, in proportion as he weakened the regal, together with the senatorian, power, he augmented that of the plebeians†335.Tarquin would neither be chosen by the senate nor by the people: he considered Servius Tullus as an usurper, and seized the crown as his hereditary right. He destroyed most of the senators; those who remained he never consulted; nor did he even so much as summon them to assist at his decisions†336. Thus his power increased: but the odium of that power received a new addition, by usurping also the authority of the people, against whose consent he enacted several laws. The three powers were, by these means, re-united in his person; but the people, at a critical minute, recollected that they were legislators, and there was an end of Tarquin.