7] and first magistrate of the
realm; he administered justice in person every ninth day, but an
appeal lay from his sentence, in criminal cases, to the general
assemblies of the people. The pontiffs and augurs, however, were
in some measure independent of the sovereign, and assumed the
uncontrolled direction of the religion of the state.

9. The entire constitution was remodelled by Ser'vius Tul'lius, and a
more liberal form of government introduced. His first and greatest
achievement was the formation of the plebeians into an organized order
of the state, invested with political rights. He divided them into
four cities and twenty-six rustic tribes, and thus made the number of
tribes the same as that of the curiae. This was strictly a geographical
division, analagous to our parishes, and had no connection with
families, like that of the Jewish tribes.

10. Still more remarkable was the institution of the census, and the
distribution of the people into classes and centuries proportionate to
their wealth. The census was a periodical valuation of all the
property possessed by the citizens, and an enumeration of all the
subjects of the state: there were five classes, ranged according to
the estimated value of their possessions, and the taxes they
consequently paid. The first class contained eighty centuries out of
the hundred and seventy; the sixth class, in which those were included
who were too poor to be taxed, counted but for one. We shall,
hereafter have occasion to see that this arrangement was also used for
military purposes; it is only necessary to say here, that the sixth
class were deprived of the use of arms, and exempt from serving in
war.

11. The people voted in the comitia centuriata by centuries; that is,
the vote of each century was taken separately and counted only as one.
By this arrangement a just influence was secured to property; and the
clients of the patricians in the sixth class prevented from
out-numbering the free citizens.

12. Ser'vius Tul'lius undoubtedly intended that the comitia centuriata
should form the third estate of the realm, and during his reign they
probably held that rank; but when, by an aristocratic insurrection he
was slain in the senate-house, the power conceded to the people was
again usurped by the patricians, and the comitio centuriata did not
recover the right[8] of legislation before the laws[9] of the twelve
tables were established.

13. The law which made the debtor