It is
true that the legislative power may have need of advice and
assistance from the executive magistracy, or such as are learned
in the law; for which cause the judges are, as they have
heretofore been, assistants in the Senate. Nor, however it came
about, can I see any reason why a judge, being but an assistant
or lawyer, should be member of a legislative council.
"I deny not that the Roman patricians were all patrons, and
that the whole people were clients, some to one family and some
to another, by which means they had their causes pleaded and
defended in some appearance gratis; for the patron took no money,
though if he had a daughter to marry, his clients were to pay her
portion, nor was this so great a grievance. But if the client
accused his patron, gave testimony or suffrage against him, it
was a crime of such a nature that any man might lawfully kill him
as a traitor; and this, as being the nerve of the optimacy, was a
great cause of ruin to that commonwealth; for when the people
would carry anything that pleased not the Senate, the senators
were ill provided if they could not intercede-that is, oppose it
by their clients; with whom, to vote otherwise than they pleased,
was the highest crime. The observation of this bond till the time
of the Gracchi -- that is to say, till it was too late, or to no
purpose to break it -- was the cause why, in all the former heats
and disputes that had happened between the Senate and the people,
it never came to blows, which indeed was good; but withal, the
people could have no remedy, which was certainly evil.
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