Page:Montesquieu - The spirit of laws.djvu/292

This page has been proofread, but needs to be validated.
240
THE SPIRIT

Book XI.
Chap. 13. & 14.
cessity of tempering the power of the principal families, and of giving the laws a biass to democracy.

The prosperity of states is frequently greater in the insensible transition from one constitution to another, than in either of those constitutions. Then it is that all the sirings of government are stretched, that every citizen forms pretensions, that the inhabitants attack or caress one another, and that there is a noble emulation between those who defend the declining, and those who are strenuous in promoting the new, constitution.


CHAP. XIV.
In what manner the distribution of the three Powers began to change after the Expulsion of the Kings.

THERE were four things that greatly oppressed the liberty of Rome. The Patricians had engrossed to themselves all sacred, political, civil and military employments; an exorbitant power was annexed to the consulate; the people were often insulted; and in fine they had scarce any influence at ail lest in the public suffrages. These four abuses were redressed by the people.

1st. It was regulated that there should be some magistracies to which the plebeians might aspire; and by degrees they obtained their being made capable of them all, except that of Inter-rex.

2d. The consulate was dissolved into several other magistracies[1]; prætors were created, on whom the power was conferred of judging private affairs; quæstors[2] were nominated for determining cri-

  1. Livy, 1 Decad, book 6.
  2. Quæstores parricidii, Pomponius, leg. 2. ff. de orig. Jur.
minal