i8 On the ORIGIN and STRUCTURE of 



THE accounts left us by TACITUS, of the powers exercifed by 

 thefe affemblies, fcarce require any commentary. They were 

 held regularly at dated intervals, and alfo on occafion of any 

 extraordinary occurrence. Religion was employed to preferve 

 moderation and decency in them, and feafting to promote fo- 

 ciality and good humour. Without doubt, every affair that 

 created a public interefl was there agitated. We find according- 

 ly, that capital crimes were there tried, and probably no where 

 elfe ; fince even the leaders of the nation in war could not pu- 

 nifh military offences without the fanction of the priefts. And, in 

 general, it is only a popular affembly, or a prieflhood, that can, 

 with fafety, venture to award punifhments, in ages where revenge 

 is virtue *. An individual that prefumed to condemn on his own 

 judgment would have the whole relations of the criminal, and, 

 of confequence, in procefs of time, the whole nation for his 

 foe. It is ftated by LIVIUS, as one of the great caufes of um- 

 brage againft the laft TARQJJIN, that he took upon him to try 

 citizens without the aid of councils. 



THE functions of the chiefs, we may reafonably judge, were, 

 in general, minifterial. Even in battle, they conducted their ar- 

 mies rather by example than by authority. We may be fure, 

 therefore, that, in peace, where the expediency of obedience is 

 lefs obvious, their authority would be ftill weaker ; and that, 

 on all occasions, when any exertion of power was to be made, 

 they would feek for a fanction to their condxict from the judg- 

 ment of others. In judicial matters, there can be no doubt 

 that they performed merely the functions of magiftrates, not of 

 judges. They received a large proportion of the fines, which 

 were the punifhment of crimes. This itfelf {hows, that it could 

 not belong to them, who were to reap a profit from the punifh- 

 ment, 



* AND war, rather than a profecution at law, the ufual confequence of an injury. See 

 the Rules, introduced by the Anglo-faxon laws, for reftraining thefe private wars withia 

 certain limits. W, L..L. Sax.faffitn* 



