Sparta, which was called a kingly government, though the people were perfectly free, yet because the administration was in the two kings and the ephori, with the assistance of the senate, we read of no impeachments by the people; nor was the process against great men, either upon account of ambition or ill conduct, though it reached sometimes to kings themselves, ever formed that way, as I can recollect, but only passed through those hands, where the administration lay. So likewise, during the regal government in Rome, though it was instituted a mixed monarchy, and the people made great advances in power, yet I do not remember to have read of one impeachment from the commons against a patrician, until the consular state began, and the people had made great encroachments upon the administration.
Another thing to be considered is, that allowing this right of impeachment to be as inherent as they please, yet, if the commons have been perpetually mistaken in the merits of the causes and the persons, as well as in the consequences of such impeachments upon the peace of the state, we cannot conclude less, than that the commons in Greece and Rome (whatever they may be in other states) were by no means qualified either as prosecutors or judges in such matters; and therefore, that it would have been prudent, to have reserved these privileges dormant, never to be produced but upon very great and urging occasions, where the state is in apparent danger, the universal body of the people in clamours against the administration, and no other remedy in view. But for a few popular orators or tribunes, upon the score of personal piques; or to employ the
