unforeseen motion might take the start of the other and totally annihilate its rival by a vote, which, from the nature of the constitution, had the full authority of a law. But no such contest or struggle is observed in the history of Rome: no instance of a quarrel between these two legislatures, though many between the parties that governed in each. Whence arose this concord, which may seem so extraordinary?
The legislature established at Rome by the authority of Servius Tullius was the comitia centuriata, which, after the expulsion of the kings, rendered the government for some time altogether aristocratical. But the people, having numbers and force on their side, and being elated with frequent conquests and victories in their foreign wars, always prevailed when pushed to extremities, and first extorted from the senate the magistracy of the tribunes, and then the legislative power of the comitia tributa. It then behoved the nobles to be more careful than ever not to provoke the people, for beside the force which the latter were always possessed of, they had now got possession of legal authority, and could instantly break in pieces any order or institution which directly opposed them. By intrigue, by influence, by money, by combination, and by the respect paid their character, the nobles might often prevail and direct the whole machine of government; but had they openly set their comitia centuriata in opposition to the tributa, they had soon lost the advantage of that institution, together with their consuls, prætors, ediles, and all the magistrates elected by it. But the comitia tributa, not having the same reason for respecting the centuriata, frequently repealed laws favourable to the aristocracy; they limited the authority of the {p104} nobles, protected the people from oppression, and controlled the actions of the senate and magistracy. The centuriata found it convenient always to submit; and though equal in authority, yet being inferior in power, durst never directly give any shock to the other legislature, either by repealing its laws or establishing laws, which, it foresaw, would soon be repealed by it.