When the tribunate was restored, the patricians might say, “You were in the right; the power, which the former prætors had, was too great, and therefore we shared the decemvirate with you. But now that you have again your tribunes, the power which you would gain, would be excessive; and therefore you must leave the decemvirate to us alone.” This the plebeians did not choose to do; and thus the negotiations for the restoration of the decemvirate came to a stand still. The consular power was retained, yet with a considerable modification. According to trustworthy accounts, the assembly of the electors, down to the year 269, was in possession of an unfettered and real elective franchise. From that time, first by usurpation and then by compromise, the change was introduced that one consul was previously to be chosen by the senate and confirmed by the curies, and the other to be elected by the centuries. At this period, the election of the centuries was again perfectly free, with the reservation of its being confirmed by the curies,--as was the case with all other acts of the centuries,--very likely a consequence of the legislation of the decemvirs. The tribunes also had their authority altered in an essential point. Formerly in that board the majority of votes decided; now, according to Dionysius, the right was established by virtue of which the protest of one tribune might paralyse the influence of the whole college, which is equivalent to an appeal to the tribes. The principle was applied to them, _vetantis major potestas_. According to Livy this right had existed already before; yet it is probable that at least it was now first acknowledged, as the relation of the tribunes to the commonalty was changed. They were no more the deputies, but the representatives of their order; which in fact was a corruption of the right, though the evil consequences of it only became manifest some generations afterwards. In this point also the government gave a signal proof of adroitness; for they might always hope to find some one in the board who would side with them. Cicero says, that the tribunate of the people preserved Rome from a revolution; that unless tribunes had been granted to the people, the kings must needs have been retained. The centuries had now gotten a right of jurisdiction; yet according to the sacred law, the _comitia centuriata_ had auspices, as the gods were asked with regard to the matters which were to be discussed, whether it was their pleasure that they should. Since the tribunes might now prosecute before the centuries, it also follows that they must have been empowered to hold auspices (_de cœlo observare_). To this the statement in Zonaras refers, that the tribunes had received permission to observe auspices. According to a notice in Diodorus, outlawry was denounced against any one who should be the occasion of the _Plebes’_ remaining without tribune.--It is quite a phenomenon that at the