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nydus/The Social ContractPublic

Rousseau explores the political philosophy of authority originating from the consent of the people.

Page 187 of 214
Table of Contents

IV

The reason for the first regulation needs no explanation; the second is a matter of policy. Thus, the comitia might not be held on festivals or market days, when the countryfolk, coming to Rome on business, had not time to spend the day in the public square. By means of the third, the senate held in check the proud and restive people, and meetly restrained the ardour of seditious tribunes, who, however, found more than one way of escaping this hindrance.

Laws and the election of rulers were not the only questions submitted to the judgment of the comitia: as the Roman people had taken on itself the most important functions of government, it may be said that the lot of Europe was regulated in its assemblies. The variety of their objects gave rise to the various forms these took, according to the matters on which they had to pronounce.

In order to judge of these various forms, it is enough to compare them. Romulus, when he set up curiae, had in view the checking of the senate by the people, and of the people by the senate, while maintaining his ascendancy over both alike. He therefore gave the people, by means of this assembly, all the authority of numbers to balance that of power and riches, which he left to the patricians. But, after the spirit of monarchy, he left all the same a greater advantage to the patricians in the influence of their clients on the majority of votes. This excellent institution of patron and client was a masterpiece of statesmanship and humanity without which the patriciate, being flagrantly in contradiction to the republican spirit, could not have survived. Rome alone has the honour of having given to the world this great example, which never led to any abuse, and yet has never been followed.

As the assemblies by curiae persisted under the kings till the time of Servius, and the reign of the later Tarquin was not regarded as legitimate, royal laws were called generally leges curiatae .

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