376

THE DECLINE AND FALL

chap, and its territory Mere entrusted to the three con -senators, who were changed four times in eachyear: the militia of the thirteen regions assem-bled under the banners of their respective chiefs,or caporioni; and the first of these -was distin-guished by the name and dignity of the prior.The popular legislature consisted of the secretand the common councils of the Romans. Theformer was composed of the magistrates andtheir immediate predecessors, with some fiscaland legal officers, and three classes of thirteen,twenty-six, and forty counsellors, amounting inthe whole to about one hundred and twentypersons. In the common council all male citi-zens had a right to vote; and the value of theirprivilege was enhanced by the care with whichany foreigners were prevented from usurping thetitle and character of Romans. The tumult ofa democracy was checked by wise and jealousprecautions: except the magistrates, none couldpropose a question; none were permitted tospeak, except from an open pulpit or tribunal;all disorderly acclamations Mere suppressed;the sense of the majority was decided by asecret ballot; and their decrees were promul-gated in the venerable name of the Roman se-nate and people. It w'ould not be easy to as-sign a period in which this theory of govern-ment has been reduced to accurate and con-stant practice, since the establishment of orderhas been gradually connected w'ith the decay ofliberty. But in the year one thousand five hun-