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ANCIENT GBEECE. [CHAP, ix,jects which were important for the community,brought before it. But how uncertain is the verywere to beidea ofwhat is or is not important.How much, too, depends onthe form which the constitution has taken at a certain period;whether the power of th^senate, or of certain magistratespreponderates.We find even in the history of Rome, thatquestions of the utmost interest to the people, questions ofwar and peace, were sometimes submitted to the people, andsometimes not. No less considerable difference prevailed inthe Grecian cities. Yet writers are accustomed to comprehend the subjects belonging to the common assemblies inthree grand classes. 1 The first embraces legislation; forwhat the Greeks called a law, (W/io?,) was always a decreepassed or confirmed by the commons; althoughit is difficult,we should rather say impossible, to define with accuracythe extent of this legislation.The second embraces thechoice of magistrates. This right, although not all magistrates were appointed by election, was regarded, and justlyregarded, as one of the most important privileges. For thepower of the commons ispreserved by nothing more effectually, than by making it necessary for those who wouldobtain a place, to apply for it to them. The third class wasformed by the popular courts of justice, which, as we shallhereafter take occasion to show, were of the highest importance as a support of the democracy.The consequences which the discussion and the decisionof the most important concerns in the assemblies of thewhole commons must inevitably have had, are so naturallysuggested, that they hardly need to be illustrated at large.How could it have escaped those lawgivers, that to intrustthis unlimited power to the commons, was not much lessthan to pave the way for the rule of the populace,if we include under that name the mass of indigent citizens ?The most natural means of guarding against this evil,would without doubt have been the choice of persons, possessed of plenary powers, to represent the citizens. But itis obvious, that the system of representation has the leastopportunity of coming to perfection in city governments.It is the fruit of the enlarged extent of states ;where it is1The chief passage on this subject is in Aristot Polit. iv. 14.