Re: The Commonwealth of Oceana, by James Harrington
Posted: Thu Oct 10, 2019 8:44 am
Part 5 of 9
"Nor was there any appearance of such a desire in the people of Rome (who from the time of Romulus had been very well contented with the power of result either in the parochial assemblies, as it was settled upon them by him, or in the meetings of the hundreds, as it was altered in their regard for the worse by Servius Tullius) till news was brought, some fifteen years after the exile of Tarquin, their late King (during which time the Senate had governed pretty well), that he was dead at the Court of Aristodemus the tyrant of Cumae. Whereupon the patricians, or nobility, began to let out the hitherto dissembled venom which is inherent in the root of oligarchy and fell immediately upon injuring the people beyond all moderation. For whereas the people had served both gallantly and contentedly in arms upon their own charges, and, though joint purchasers by their swords of the conquered lands, had not participated in the same to above two acres a man (the rest being secretly usurped by the patricians), they, through the meanness of their support and the greatness of their expense, being generally indebted, no sooner returned home with victory to lay down their arms, than they were snatched up by their creditors, the nobility, to cram jails. Whereupon, but with the greatest modesty that was ever known in the like case, they first fell upon debate, affirming 'That they were oppressed and captivated at home, while abroad they fought for liberty and empire, and that the freedom of the common people was safer in time of war than peace, among their enemies than their fellow-citizens.' It is true that when they could not get the Senate, through fear, as was pretended by the patricians, to assemble and take their grievances into consideration, they grew so much the warmer, that it was glad to meet; where Appius Claudius, a fierce spirit, was of opinion that recourse should be had to consular power, whereby some of the brands of sedition being taken off, the flame might be extinguished. Servilius, being of another temper, thought it better and safer to try if the people might be bowed than broken.
"But this debate was interrupted by tumultuous news of the near approach of the Volsci, a case in which the Senate had no recourse but to the people, who, contrary to their former custom upon the like occasions, would not stir a foot, but fell a-laughing, and saying, 'Let them fight that have something to fight for.' The Senate that had purses, and could not sing so well before the thief, being in a great perplexity, found no possible way out of it but to beseech Servilius, one of a genius well known to be popular, that he would accept of the consulship, and make some such use of it as might be helpful to the patrician interest. Servilius, accepting of the offer, and making use of his interest with the people, persuaded them to hope well of the good intention of the fathers, whom it would little beseem to be forced to those things which would lose their grace, and that in view of the enemy, if they came not freely; and withal published an edict, that no man should withhold a citizen of Rome by imprisonment from giving his name (for that was the way, as I shall have opportunity hereafter to show more at large, whereby they drew out their armies), nor to seize or sell any man's goods or children that were in the camp. Whereupon the people with a mighty concourse immediately took arms, marched forth, and (which to them was as easy as to be put into the humor, and that, as appears in this place, was not hard) totally defeated the Volsci first, then the Sabines (for the neighboring nations, hoping to have had a good bargain of the discord in Rome, were up in arms on all sides), and after the Sabines the Aurunci. Whence returning, victorious in three battles they expected no less than that the Senate would have made good their words, when Appius Claudius, the other Consul, of his innate pride, and that he might frustrate the faith of his colleague, caused the soldiers (who being set at liberty, had behaved themselves with such valor) to be restored at their return to their creditors and their jails.
"Great resort upon this was made by the people to Servilius, showing him their wounds, calling him to witness how they had behaved themselves, and minding him of his promise. Poor Servilius was sorry, but so overawed with the headiness of his colleague, and the obstinacy of the whole faction of the nobility, that, not daring to do anything either way, he lost both parties, the fathers conceiving that he was ambitious, and the people that he was false; while the Consul Claudius, continuing to countenance such as daily seized and imprisoned some of the indebted people, had still new and dangerous controversies with them, insomuch that the commonwealth was torn with horrid division, and the people (because they found it not so safe or so effectual in public) minded nothing but laying their heads together in private conventicles. For this Aulus Virginius and Titus Vetusius, the new Consuls, were reproved by the Senate as slothful, and upbraided with the virtue of Appius Claudius. Whereupon the Consuls having desired the Senate that they might know their pleasure, showed afterward their readiness to obey it, by summoning the people according to command, and requiring names whereby to draw forth an army for diversion, but no man would answer. Report hereof being made to the Senate, the younger sort of the fathers grew so hot with the Consuls that they desired them to abdicate the magistracy, which they had not the courage to defend.
"The Consuls, though they conceived themselves to be roughly handled, made this soft answer. 'Fathers conscript, that you may please to take notice it was foretold some horrid sedition is at hand, we shall only desire that they whose valor in this place is so great, may stand by us to see how we behave ourselves, and then be as resolute in your commands as you will; your fatherhoods may know if we be wanting in the performance.'
"At this some of the hot young noblemen returned with the Consuls to the tribunal, before which the people were yet standing; and the Consuls having generally required names in vain, to put it to something, required the name of one that was in their eye particularly; on whom, when he moved not, they commanded a lictor to lay hands, but the people, thronging about the party summoned, forbade the lictor, who durst not touch him; at which the hotspurs that came with the consuls, enraged by the affront, descended from the throne to the aid of the lictor; from whom in so doing they turned the indignation of the people upon themselves with such heat that the Consuls interposing, thought fit, by remitting the assembly, to appease the tumult; in which, nevertheless, there had been nothing but noise. Nor was there less in the Senate, being suddenly rallied upon this occasion, where they that received the repulse, with others whose heads were as addled as their own, fell upon the business as if it had been to be determined by clamor till the Consuls, upbraiding the Senate that it differed not from the market-place, reduced the house to orders.
"And the fathers, having been consulted accordingly, there were three opinions: Publius Virginius conceived that the consideration to be had upon the matter in question, or aid of the indebted and imprisoned people, was not to be further extended than to such as had engaged upon the promise made by Servilius; Titus Largius, that it was no time to think it enough, if men's merits were acknowledged, while the whole people, sunk under the weight of their debts, could not emerge without some common aid, which to restrain, by putting some into a better condition than others, would rather more inflame the discord than extinguish it; Appius Claudius (still upon the old haunt) would have it that the people were rather wanton than fierce; it was not oppression that necessitated, but their power that invited them to these freaks; the empire of the Consuls since the appeal to the people (whereby a plebeian might ask his fellows if he were a thief) being but a mere scarecrow. 'Go to,' says he, 'let us create the dictator, from whom there is no appeal, and then let me see more of this work, or him that shall forbid my lictor.'
"The advice of Appius was abhorred by many; and to introduce a general recision of debts with Largius, was to violate all faith; that of Virginius, as the most moderate, would have passed best, but that there were private interests, that constant bane of the public, which withstood it. So they concluded with Appius, who also had been dictator, if the Consuls and some of the graver sort had not thought it altogether unseasonable, at a time when the Volsci and the Sabines were up again, to venture so far upon alienation of the people: for which cause Valerius, being descended from the Publicolas, the most popular family, as also in his own person of a mild nature, was rather trusted with so rigid a magistracy. Whence it happened that the people, though they knew well enough against whom the Dictator was created, feared nothing from Valerius; but upon a new promise made to the same effect with that of Servilius, hoped better another time, and throwing away all disputes, gave their names roundly, went out, and, to be brief, came home again as victorious as in the former action, the Dictator entering the city in triumph. Nevertheless, when he came to press the Senate to make good his promise, and do something for the ease of the people, they regarded him no more as to that point than they had done Servilius. Whereupon the Dictator, in disdain to be made a stale, abdicated his magistracy, and went home. Here, then, was a victorious army without a captain, and a Senate pulling it by the beard in their gowns. What is it (if you have read the story, for there is not such another) that must follow? Can any man imagine that such only should be the opportunity upon which this people could run away?
"Alas, poor men, the AEqui and the Volsci and the Sabines were nothing, but the fathers invincible! There they sat, some 300 of them armed all in robes, and thundering with their tongues, without any hopes in the earth to reduce them to any tolerable conditions. Wherefore, not thinking it convenient to abide long so near them, away marches the army, and encamps in the fields. This retreat of the people is called the secession of Mount Aventin, where they lodged, very sad at their condition, but not letting fall so much as a word of murmur against the fathers. The Senate by this time were great lords, had the whole city to themselves; but certain neighbors were upon the way that might come to speak with them, not asking leave of the porter. Wherefore their minds became troubled, and an orator was posted to the people to make as good conditions with them as he could; but, whatever the terms were, to bring them home, and with all speed. And here it was covenanted between the Senate and the people, that these should have magistrates of their own election, called the tribunes, upon which they returned.
"To hold you no longer, the Senate having done this upon necessity, made frequent attempts to retract it again, while the tribunes, on the other side, to defend what they had got, instituted their Tributa Comitia, or council of the people; where they came in time, and, as disputes increased, to make laws without the authority of the Senate, called plebiscita. Now to conclude in the point at which I drive: such were the steps whereby the people of Rome came to assume debate, nor is it in art or nature to debar a people of the like effect, where there is the like cause. For Romulus, having in the election of his Senate squared out a nobility for the support of a throne, by making that of the patricians a distinct and hereditary order, planted the commonwealth upon two contrary interests or roots, which, shooting forth, in time produced two commonwealths, the one oligarchical in the nobility, the other a mere anarchy of the people, and ever after caused a perpetual feud and enmity between the Senate and the people, even to death.
"There is not a more noble or useful question in the politics than that which is started by Machiavel, whether means were to be found whereby the enmity that was between the Senate and the people of Rome could have been removed? Nor is there any other in which we, on the present occasion, are so much concerned, particularly in relation to this author; forasmuch as his judgment in the determination of the question standing, our commonwealth falls. And he that will erect a commonwealth against the judgment of Machiavel, is obliged to give such reasons for his enterprise as must not go a-begging. Wherefore to repeat the politician very honestly, but somewhat more briefly, he disputes thus:
"'There be two sorts of commonwealths, the one for preservation, as Lacedaemon and Venice; the other for increase, as Rome.
"'Lacedaemon, being governed by a King and a small Senate, could maintain itself a long time in that condition, because the inhabitants, being few, having put a bar upon the reception of strangers, and living in a strict observation of the laws of Lycurgus, which now had got reputation, and taken away all occasion of tumults, might well continue long in tranquillity. For the laws of Lycurgus introduced a greater equality in estates, and a less equality in honors, whence there was equal poverty; and the plebeians were less ambitious, because the honors or magistracies of the city could extend but to a few and were not communicable to the people, nor did the nobility by using them ill ever give them a desire to participate of the same. This proceeded from the kings, whose principality, being placed in the midst of the nobility, had no greater means whereby to support itself than to shield the people from all injury; whence the people, not fearing empire, desired it not; and so all occasion of enmity between the Senate and the people was taken away. But this union happened especially from two causes: the one that the inhabitants of Lacedaemon being few, could be governed by the few; the other, that, not receiving strangers into their commonwealth, they did not corrupt it, nor increase it to such a proportion as was not governable by the few.
"'Venice has not divided with her plebeians, but all are called gentlemen that be in administration of the government; for which government she is more beholden to chance than the wisdom of her law-makers; for many retiring to those islands, where that city is now built, from the inundations of barbarians that overwhelmed the Roman Empire, when they were increased to such a number that to live together it was necessary to have laws, they ordained a form of government, whereby assembling often in council upon affairs, and finding their number sufficient for government, they put a bar upon all such as repairing afterward to their city should become inhabitants, excluding them from participation of power. Whence they that were included in the administration had right, and they that were excluded, coming afterward, and being received upon no other conditions to be inhabitants, had no wrong, and therefore had no occasion, nor (being never trusted with arms) any means to be tumultuous. Wherefore this commonwealth might very well maintain itself in tranquillity.
"'These things considered, it is plain that the Roman legislators, to have introduced a quiet state, must have done one of these two things: either shut out strangers, as the Lacedemonians; or, as the Venetians, not allowed the people to bear arms. But they did neither. By which means the people, having power and increase, were in perpetual tumult. Nor is this to be helped in a commonwealth for increase, seeing if Rome had cut off the occasion of her tumults, she must have cut off the means of her increase, and by consequence of her greatness.
"'Wherefore let a legislator consider with himself whether he would make his commonwealth for preservation, in which case she may be free from tumults; or for increase, in which case she must be infested with them.
"'If he makes her for preservation, she may be quiet at home, but will be in danger abroad. First, because her foundation must be narrow, and therefore weak, as that of Lacedaemon, which lay but upon 30,000 citizens; or that of Venice, which lies but upon 3,000. Secondly, such a commonwealth must either be in peace, or war; if she be in peace, the few are soonest effeminated and corrupted and so obnoxious also to faction. If in war, succeeding ill, she is an easy prey; or succeeding well, ruined by increase: a weight which her foundation is not able to bear. For Lacedaemon, when she had made herself mistress upon the matter of all Greece, through a slight accident, the rebellion of Thebes, occasioned by the conspiracy of Pelopidas discovering this infirmity of her nature, the rest of her conquered cities immediately fell off, and in the turn as it were of a hand reduced her from the fullest tide to the lowest ebb of her fortune. And Venice having possessed herself of a great part of Italy by her purse, was no sooner in defence of it put to the trial of arms than she lost all in one battle.
"'Whence I conclude that in the ordination of a commonwealth a legislator is to think upon that which is most honorable, and, laying aside models for preservation, to follow the example of Rome conniving at, and temporizing with, the enmity between the Senate and the people, as a necessary step to the Roman greatness. For that any man should find out a balance that may take in the conveniences and shut out the inconveniences of both, I do not think it possible.' These are the words of the author, though the method be somewhat altered, to the end that I may the better turn them to my purpose.
"My lords, I do not know how you hearken to this sound; but to hear the greatest artist in the modern world giving sentence against our commonwealth is that with which I am nearly concerned. Wherefore, with all honor due to the prince of politicians, let us examine his reasoning with the same liberty which he has asserted to be the right of a free people. But we shall never come up to him, except by taking the business a little lower, we descend from effects to their causes. The causes of commotion in a commonwealth are either external or internal. External are from enemies, from subjects, or from servants. To dispute then what was the cause why Rome was infested by the Italian, or by the servile wars; why the slaves took the capitol; why the Lacedaemonians were near as frequently troubled with their helots as Rome with all those; or why Venice, whose situation is not trusted to the faith of men, has as good or better quarter with them whom she governs, than Rome had with the Latins; were to dispute upon external causes. The question put by Machiavel is of internal causes; whether the enmity that Was between the Senate and the people of Rome might have been removed. And to determine otherwise of this question than he does, I must lay down other principles than he has done. To which end I affirm that a commonwealth, internally considered, is either equal or unequal. A commonwealth that is internally equal, has no internal cause of commotion, and therefore can have no such effect but from without. A commonwealth internally unequal has no internal cause of quiet, and therefore can have no such effect but by diversion.
"To prove my assertions, I shall at this time make use of no other than his examples. Lacedaemon was externally unquiet, because she was externally unequal, that is as to her helots; and she was internally at rest, because she was equal in herself, both in root and branch; in the root by her agrarian, and in branch by the Senate, inasmuch as no man was thereto qualified but by election of the people. Which institution of Lycurgus is mentioned by Aristotle, where he says that rendering his citizens emulous (not careless) of that honor, he assigned to the people the election of the Senate. Wherefore Machiavel in this, as in other places, having his eye upon the division of patrician and plebeian families as they were in Rome, has quite mistaken the orders of this commonwealth, where there was no such thing. Nor did the quiet of it derive from the power of the kings, who were so far from shielding the people from the injury of the nobility, of which there was none in his sense but the Senate, that one declared end of the Senate at the institution was to shield the people from the kings, who from that time had but single votes. Neither did it proceed from the straitness of the Senate, or their keeping the people excluded from the government, that they were quiet, but from the equality of their administration, seeing the Senate (as is plain by the oracle, their fundamental law) had no more than the debate, and the result of the commonwealth belonged to the people.
"Wherefore when Theopompus and Polydorus, Kings of Lacedaemon, would have kept the people excluded from the government by adding to the ancient law this clause, 'If the determination of the people be faulty, it shall be lawful for the Senate to resume the debate,' the people immediately became unquiet, and resumed that debate, which ended not till they had set up their ephors, and caused that magistracy to be confirmed by their kings." For when Theopompus first ordained that the ephori or overseers should be created at Lacedaemon, to be such a restraint upon the kings there as the tribunes were upon the consuls at Rome, the Queen complained to him, that by this means he transmitted the royal authority greatly diminished to his children: "I leave indeed less," answered he, "but more lasting." And this was excellently said; for that power only is safe which is limited from doing hurt. Theopompus therefore, by confining the kingly power within the bounds of the laws, did recommend it by so much to the people's affection as he removed it from being arbitrary.' By which it may appear that a commonwealth for preservation, if she comes to be unequal, is as obnoxious to enmity between the Senate and the people as a commonwealth for increase; and that the tranquillity of Lacedaemon was derived from no other cause than her equality.
"For Venice, to say that she is quiet because she disarms her subjects, is to forget that Lacedaemon disarmed her helots, and yet could not in their regard be quiet; wherefore if Venice be defended from external causes of commotion, it is first through her situation, in which respect her subjects have no hope (and this indeed may be attributed to her fortune); and, secondly, through her exquisite justice, whence they have no will to invade her. But this can be attributed to no other cause than her prudence, which will appear to be greater, as we look nearer; for the effects that proceed from fortune, if there be any such thing, are like their cause, inconstant. But there never happened to any other commonwealth so undisturbed and constant a tranquillity and peace in herself as are in that of Venice; wherefore this must proceed from some other cause than chance. And we see that as she is of all others the most quiet, so the most equal commonwealth. Her body consists of one order, and her Senate is like a rolling stone, as was said, which never did, nor, while it continues upon that rotation, never shall gather the moss of a divided or ambitious interest, much less such a one as that which grasped the people of Rome in the talons of their own eagles. And if Machiavel, averse from doing this commonwealth right, had considered her orders, as his reader shall easily perceive he never did, he must have been so far from attributing the prudence of them to chance, that he would have touched up his admirable work to that perfection which, as to the civil part, has no pattern in the universal world but this of Venice.
"Rome, secure by her potent and victorious arms from all external causes of commotion, was either beholden for her peace at home to her enemies abroad, or could never rest her head. My lords, you that are parents of a commonwealth, and so freer agents than such as are merely natural, have a care. For, as no man shall show me a commonwealth born straight that ever became crooked, so no man shall show me a commonwealth born crooked that ever became straight. Rome was crooked in her birth, or rather prodigious. Her twins, the patrician and plebeian orders, came, as was shown by the foregoing story, into the world, one body but two heads, or rather two bellies; for, notwithstanding the fable out of AEsop, whereby Menenius Agrippa, the orator that was sent from the Senate to the people at Mount Aventin, showed the fathers to be the belly, and the people to be the arms and the legs (which except that, how slothful soever it might seem, they were nourished, not these only, but the whole body must languish and be dissolved), it is plain that the fathers were a distinct belly, such a one as took the meat indeed out of the people's mouths, but abhorring the agrarian, returned it not in the due and necessary nutrition of a commonwealth. Nevertheless, as the people that live about the cataracts of Nilus are said not to hear the noise, so neither the Roman writers, nor Machiavel the most conversant with them, seem among so many of the tribunitian storms to hear their natural voice; for though they could not miss of it so far as to attribute them to the strife of the people for participation in magistracy, or, in which Machiavel more particularly joins, to that about the agrarian, this was to take the business short, and the remedy for the disease.
"A people, when they are reduced to misery and despair, become their own politicians, as certain beasts, when they are sick, become their own physicians, and are carried by a natural instinct to the desire of such herbs as are their proper cure; but the people, for the greater part, are beneath the beasts in the use of them. Thus the people of Rome, though in their misery they had recourse by instinct, as it were, to the two main fundamentals of a commonwealth, participation of magistracy and the agrarian, did but taste and spit at them, not (which is necessary in physic) drink down the potion, and in that their healths. For when they had obtained participation of magistracy it was but lamely, not to a full and equal rotation in all elections; nor did they greatly regard it in what they had got. And when they had attained to the agrarian, they neglected it so far as to suffer the law to grow obsolete; but if you do not take the due dose of your medicines (as there be slight tastes which a man may have of philosophy that incline to atheism) it may chance to be poison, there being a like taste of the politics that inclines to confusion, as appears in the institution of the Roman tribunes, by which magistracy and no more the people were so far from attaining to peace, that they in getting but so much, got but heads for an eternal feud; whereas if they had attained in perfection either to the agrarian, they had introduced the equality and calm of Lacedaemon, or to rotation, and they had introduced that of Venice: and so there could have been no more enmity between the Senate and the people of Rome than there was between those orders in Lacedaemon, or is now in Venice. Wherefore Machiavel seems to me, in attributing the peace of Venice more to her luck than her prudence, of the whole stable to have saddled the wrong horse; for though Rome in her military part could beat it better, beyond all comparison, upon the sounding hoof, Venice for the civil part has plainly had the wings of Pegasus.
"The whole question then will come upon this point, whether the people of Rome could have obtained these orders? And first, to say that they could not have obtained them without altering the commonwealth, is no argument; seeing neither could they, without altering the commonwealth, have obtained their tribunes, which nevertheless were obtained. And if a man considers the posture that the people were in when they obtained their tribunes, they might as well, and with as great ease (forasmuch as the reason why the nobility yielded to the tribunes was no other than that there was no remedy) have obtained anything else. And for experience, it was in the like case that the Lacedaemonians did set up their ephors, and the Athenians, after the battle of Plataea, bowed the Senate (so hard a thing it is for a commonwealth that was born crooked to become straight) as much the other way. Nor, if it be objected that this must have ruined the nobility (and in that deprived the commonwealth of the greatness which she acquired by them), is this opinion holding, but confuted by the sequel of the story, showing plainly that the nobility, through the defect of such orders (that is to say, of rotation and the agrarian), came to eat up the people; and battening themselves in luxury, to be, as Sallust speaks of them, 'a most sluggish and lazy nobility, in whom, besides the name, there was no more than in a statue;' and to bring so mighty a commonwealth, and of so huge a glory, to so deplorable an end. Wherefore means might have been found to remove the enmity that was between the Senate and the people of Rome.
"My lords, if I have argued well, I have given you the comfort and assurance that, notwithstanding the judgment of Machiavel, your commonwealth is both safe and sound; but if I have not argued well, then take the comfort and assurance which he gives you while he is firm, that a legislator is to lay aside all other examples, and follow that of Rome only, conniving and temporizing with the enmity between the Senate and the people as a necessary step to the Roman greatness. Whence it follows that your commonwealth, at the worst, is that which he has given you his word is the best.
"I have held your lordships long, but upon an account of no small importance, which I can now sum up in these few words: where there is a liquorishness in a popular assembly to debate, it proceeds not from the constitution of the people, but of the commonwealth. Now that your commonwealth is of such a constitution as is naturally free from this kind of intemperance, is that which, to make good, I must divide the remainder of my discourse into two parts:
"The first, showing the several constitutions of the assemblies of the people in other commonwealths;
"The second, comparing our assembly of the people with theirs; and showing how it excludes the inconveniences and embraces the conveniences of them all.
"In the beginning of the first part I must take notice, that among the popular errors of our days it is no small one that men imagine the ancient governments of this kind to have consisted for the most part of one city that is, of one town; whereas by what we have learned of my 'lords that owned them, it appears that there was not any considerable one of such a Constitution but Carthage, till this in our days of Venice.
"For to begin with Israel, it consisted of the twelve tribes, locally spread or quartered throughout the whole territory, and these being called together by trumpets, constituted the Church or assembly of the people. The vastness of this weight, as also the slowness thence unavoidable, became a great cause (as has been shown at large by my Lord Phosphorus) of the breaking that commonwealth; notwithstanding that the Temple, and those religious ceremonies for which the people were at least annually obliged to repair thither, were no small ligament of the tribes, otherwise but slightly tacked together.
"Athens consisted of four tribes, taking in the whole people, both of the city and of the territory; not so gathered by Theseus into one town, as to exclude the country, but to the end that there might be some capital of the commonwealth: though true it be, that the congregation, consisting of the inhabitants within the walls, was sufficient to all intents and purposes, without those of the country. These also being exceeding numerous, became burdensome to themselves and dangerous to the commonwealth; the more for their ill-education, as is observed by Xenophon and Polybius, who compare them to mariners that in a calm are perpetually disputing and swaggering one with another, and never lay their hands to the common tackling or safety till they be all endangered by some storm. Which caused Thucydides, when he saw this people through the purchase of their misery become so much wiser as to reduce their Comitia or assemblies to 5,000, to say in his eighth book: 'And now, at least in my time, the Athenians seem to have ordered their State aright, consisting of a moderate tempor both of the few (by which he means the Senate of the Bean) and of the many,' or the 5,000. And he does not only give you his judgment, but the best proof of it; for 'this,' says he, 'was the first thing that, after so many misfortunes past, made the city again to raise her head.' The place I would desire your lordships to note, as the first example that I find, or think is to be found, of a popular assembly by way of representative.
"Lacedaemon consisted of 30,000 citizens dispersed throughout Laconia, one of the greatest provinces in all Greece, and divided, as by some authors is probable, into six tribes. Of the whole body of these, being gathered, consisted the great Church or assembly, which had the legislative power; the little church, gathered sometimes for matters of concern within the city, consisted of the Spartans only. These happened, like that of Venice, to be good constitutions of a congregation, but from an ill-cause the infirmity of a commonwealth, which through her paucity was oligarchical.
"Wherefore, go which way you will, it should seem that without a representative of the people, your commonwealth, consisting of a whole nation, can never avoid falling either into oligarchy or confusion.
"This was seen by the Romans, whose rustic tribes, extending themselves from the river Arno to the Vulturnus, that is, from Fesulae or Florence to Capua, invented a way of representative by lots: the tribe upon which the first fell being the prerogative, and some two or three more that had the rest, the jure vocatoe. These gave the suffrage of the commonwealth in two meetings; the prerogative at the first assembly, and the jure vocatoe at a second.
"Now to make the parallel: all the inconveniences that you have observed in these assemblies are shut out, and all the conveniences taken into your prerogative. For first, it is that for which Athens, shaking off the blame of Xenophon and Polybius, came to deserve the praise of Thucydides, a representative. And, secondly, not, as I suspect in that of Athens, and is past suspicion in this of Rome, by lot, but by suffrage, as was also the late House of Commons, by which means in your prerogatives all the tribes of Oceana are jure vocatoe; and if a man shall except against the paucity of the standing number, it is a wheel, which in the revolution of a few years turns every hand that is fit, or fits every hand that it turns to the public work. Moreover, I am deceived if, upon due consideration, it does not fetch your tribes, with greater equality and ease to themselves and to the government, from the frontiers of Marpesia, than Rome ever brought any one of hers out of her pomoeria, or the nearest parts of her adjoining territories. To this you may add, that whereas a commonwealth, which in regard of the people is not of facility in execution, were sure enough in this nation to be cast off through impatience; your musters and galaxies are given to the people, as milk to babes, whereby when they are brought up through four days' election in a whole year (one at the parish, one at the hundred, and two at the tribe) to their strongest meat, it is of no harder digestion than to give their negative or affirmative as they see cause. There be gallant men among us that laugh at such an appeal or umpire; but I refer it whether you be more inclining to pardon them or me, who I confess have been this day laughing at a sober man, but without meaning him any harm, and that is Petrus Cunaeus, where speaking of the nature of the people, he says, 'that taking them apart, they are very simple, but yet in their assemblies they see and know something, and so runs away without troubling himself with what that something is. Whereas the people, taken apart, are but so many private interests; but if you take them together, they are the public interest.
"The public interest of a commonwealth, as has been shown, is nearest that of mankind, and that of mankind is right reason; but with aristocracy (whose reason or interest, when they are all together, as appeared by the patricians, is but that of a party) it is quite contrary: for as, taken apart, they are far wiser than the people considered in that manner, so, being put together, they are such fools, who by deposing the people, as did those of Rome, will saw off the branch whereupon they sit, or rather destroy the root of their own greatness. Wherefore Machiavel, following Aristotle, and yet going before him, may well assert, 'that the people are wiser and more constant in their resolutions than a prince:' which is the prerogative of popular government for wisdom. And hence it is that the prerogative of your commonwealth, as for wisdom so for power, is in the people, which (though I am not ignorant that the Roman prerogative was so called a proerogando, because their suffrage was first asked) gives the denomination to your prerogative tribe."
The elections, whether annual or triennial, being shown by the twenty-second, that which comes in the next place to be considered is—
The twenty-third order, "Showing the power, function, and manner of proceeding of the prerogative tribe.
"The power or function of the prerogative is of two parts: the one of result, in which it is the legislative, power, the other of judicature, in which regard it is the highest court, and the last appeal in this commonwealth.
"For the former part (the people by this constitution being not obliged by any law that is not of their own making or confirmation, by the result of the prerogative, their equal representative) it shall not be lawful for the Senate to require obedience from the people, nor for the people to give obedience to the Senate in or by any law that has not been promulgated, or printed and published for the space of six weeks, and afterward proposed by the authority of the Senate to the prerogative tribe, and resolved by the major vote of the same in the affirmative. Nor shall the Senate have any power to levy war, men, or money, otherwise than by the consent of the people so given, or by a law so enacted, except in cases of exigence, in which it is agreed that the power, both of the Senate and the people, shall be in the dictator so qualified, and for such a term of time, as is according to that constitution already prescribed. While a law is in promulgation, the censors shall animadvert upon the Senate, and the tribunes upon the people, that there be no laying of heads together, no conventicles or canvassing to carry on or oppose anything; but that all may be done in a free and open way.
"For the latter part of the power of the prerogative, or that whereby they are the supreme judicatory of this nation, and of the provinces of the same, the cognizances of crimes against the majesty of the people, such as high treason, as also of peculation, that is, robbery of the treasury, or defraudation of the commonwealth, appertains to this tribe. And if any person or persons, provincials or citizens, shall appeal to the people, it belongs to the prerogative to judge and determine the case; provided that if the appeal be from any court of justice in this nation or the provinces, the appellant shall first deposit £100 in the court from which he appeals, to be forfeited to the same if he be cast in his suit by the people. But the power of the Council of War being the expedition of this commonwealth, and the martial law of the strategus in the field, are those only from which there shall lie no appeal to the people.
"The proceeding of the prerogative in case of a proposition is to be thus ordered: The magistrates, proposing by authority of the Senate, shall rehearse the whole matter, and expound it to the people; which done, they shall put the whole together to the suffrage, with three boxes, the negative, the affirmative, and the non-sincere; and the suffrage being returned to the tribunes, and numbered in the presence of the proposers. If the major vote be in the non-sincere, the proposer shall desist, and the Senate shall resume the debate. If the major vote be in the negative, the proposers shall desist, and the Senate, too. But if the major vote be in the affirmative, then the tribe is clear and the proposers shall begin and put the whole matter, with the negative and the affirmative (leaving out the non-sincere) by clauses; and the suffrages being taken and numbered by the tribunes in the presence of the proposers, shall be written and reported by the tribunes of the Senate. And that which is proposed by the authority of the Senate, and confirmed by the command of the people, is the law of Oceana.
"The proceeding of the prerogative in a case of judicature is to be thus ordered: The tribunes being auditors of all causes appertaining to the cognizance of the people, shall have notice of the suit or trial, whether of appeal or otherwise, that is to be commenced; and if any one of them shall accept of the same, it appertains to him to introduce it. A cause being introduced, and the people mustered or assembled for the decision of the same, the tribunes are presidents of the court, having power to keep it to orders, and shall be seated upon a scaffold erected in the middle of the tribe. Upon the right hand shall stand a seat or large pulpit assigned to the plaintiff or the accuser; and, upon the left, another for the defendant, each if they please with his counsel. And the tribunes (being attended upon such occasions with so many ballotins, secretaries, doorkeepers, and messengers of the Senate as shall be requisite) one of them shall turn up a glass of the nature of an hour-glass, but such a one as is to be of an hour and a half's running; which being turned up, the party or counsel on the right hand may begin to speak to the people. If there be papers to be read, or witnesses to be examined, the officer shall lay the glass sideways till the papers be read and the witnesses examined, and then turn it up again; and so long as the glass is running, the party on the right hand has liberty to speak, and no longer. The party on the right hand having had his time, the like shall be done in every respect for the party on the left. And the cause being thus heard, the tribunes shall put the question to the tribe with a white, a black, and a red box (or non-sincere), whether guilty or not guilty. And if the suffrage being taken, the major vote be in the non-sincere, the cause shall be reheard upon the next juridicial day following, and put to the question in the same manner. If the major vote comes the second time in the non-sincere, the cause shall be heard again upon the third day; but at the third hearing the question shall be put without the non-sincere. Upon the first of the three days in which the major vote comes in the white box, the party accused is absolved; and upon the first of them in which it comes in the black box, the party accused is condemned. The party accused being condemned, the tribunes (if the case be criminal) shall put with the white and the black box these questions, or such of them as, regard had to the case, they shall conceive most proper:
1. Whether he shall have a writ of ease;
2. Whether he shall be fined so much or so much;
3. Whether he shall be confiscated;
4. Whether he shall be rendered incapable of magistracy;
5. Whether he shall be banished;
6. Whether he shall be put to death.
"These, or any three of these questions, whether simple or such as shall be thought fitly mixed, being put by the tribunes, that which has most above half the votes in the black box is the sentence of the people, which the troop of the third class is to see executed accordingly.
"But whereas by the constitution of this commonwealth it may appear that neither the propositions of the Senate nor the judicature of the people will be so frequent as to hold the prerogative in continual employment, the Senate, a main part of whose office it is to teach and instruct the people, shall duly (if they have no greater affairs to divert them) cause an oration to be made to the prerogative by some knight or magistrate of the Senate, to be chosen out of the ablest men, and from time to time appointed by the orator of the house, in the great hall of the Pantheon, while the Parliament resides in the town, or in some grove or sweet place in the field, while the Parliament for the heat of the year shall reside in the country, upon every Tuesday, morning or afternoon.
"And the orator appointed for the time to this office shall first repeat the orders of the commonwealth with all possible brevity; and then, making choice of one or some part of it, discourse thereof to the people. An oration or discourse of this nature, being afterward perused by the Council of State, may as they see cause be printed and published."
The Archon's comment upon the order I find to have been of this sense:
"MY LORDS:
"To crave pardon for a word or two in further explanation of what was read, I shall briefly show how the constitution of this tribe or assembly answers to their function; and how their function, which is of two parts, the former in the result or legislative power, the latter in the supreme judicature of the commonwealth, answers to their constitution. Machiavel has a discourse, where he puts the question, 'Whether the guard of liberty may with more security be committed to the nobility or to the people?' Which doubt of his arises through the want of explaining his terms; for the guard of liberty can signify nothing else but the result of the commonwealth; so that to say that the guard of liberty may be committed to the nobility, is to say that the result may be committed to the Senate, in which case the people signify nothing.
"Now to show it was a mistake to affirm it to have been thus in Lacedaemon, sufficient has been spoken; and whereas he will have it to be so in Venice also: 'They,' says Contarini, 'in whom resides the supreme power of the whole commonwealth, and of the laws, and upon whose orders depends the authority as well of the Senate as of all the other magistrates, is the Great Council.' It is institutively in the Great Council, by the judgment of all that know that commonwealth; though, for the reasons shown, it be sometimes exercised by the Senate. Nor need I run over the commonwealths in this place for the proof of a thing so doubtless, and such as has been already made so apparent, as that the result of each was in the popular part of it. The popular part of yours, or the prerogative tribe, consists of seven deputies (whereof three are of the horse) annually elected out of every tribe of Oceana; which being fifty, amounts to 150 horse and 200 foot. And the prerogative consisting of three of these lists, consists of 450 horse and 600 foot, besides those of the provinces to be hereafter mentioned; by which means the overbalance in the suffrage remaining to the foot by 150 votes, you have to the support of a true and natural aristocracy the deepest root of a democracy that has been ever planted.
"Wherefore there is nothing in art or nature better qualified for the result than this assembly it is noted out of Cicero by Machiavel, 'That the people, though they are not so prone to find out truth of themselves as to follow custom or run into error yet if they be shown truth, they not only acknowledge and embrace it very suddenly, but are the most constant and faithful guardians and conservators of it.' it is your duty and office, whereto you are also qualified by the orders of this commonwealth, to have the people as you have your hawks and greyhounds, in leashes and slips, to range the fields and beat the bushes for them, for they are of a nature that is never good at this sport, but when you spring or start their proper quarry. Think not that they will stand to ask you what it is, or less know it than your hawks and greyhounds do theirs; but presently make such a flight or course, that a huntsman may as well undertake to run with his dogs, or a falconer to fly with his hawk, as an aristocracy at this game to compare with the people. The people of Rome were possessed of no less a prey than the empire of the world, when the nobility turned tails, and perched among daws upon the tower of monarchy. For though they did not all of them intend the thing, they would none of them endure the remedy, which was the agrarian.
"But the prerogative tribe has not only the result, but is the supreme judicature, and the ultimate appeal in this commonwealth. For the popular government that makes account to be of any standing, must make sure in the first place of the appeal to the people. As an estate in trust becomes a man's own if he be not answerable for it, so the power of a magistracy not accountable to the people, from whom it was received, becoming of private use, the commonwealth loses her liberty Wherefore the right of supreme judicature in the people (Without which there can be no such thing as popular government) is confirmed by the constant practice of all commonwealths; as that of Israel in the cases of Achan, and of the tribe of Benjamin, adjudged by the congregation.
"The dicasterian, or court called the heliaia in Athens, which (the comitia of that commonwealth consisting of the whole people, and so being too numerous to be a judicatory) was constituted sometimes of 500, at others of 1,000, or, according to the greatness of the cause, of 1,500, elected by the lot out of the whole body of the people, had, with the nine Archons that were presidents, the cognizance of such causes as were of highest importance in that State. The five ephors in Lacedaemon, which were popular magistrates, might question their kings, as appears by the cases of Pausanias, and of Agis, who being upon his trial in this court, was cried to by his mother to appeal to the people, as Plutarch has it in his life. The tribunes of the people of Rome (like, in the nature of their magistracy, and for some time in number, to the ephors, as being, according to Halicarnassus and Plutarch, instituted in imitation of them) had power to summon any man, his magistracy at least being expired (for from the Dictator there lay no appeal) to answer for himself to the people. As in the case of Coriolanus, who was going about to force the people, by withholding corn from them in a famine, to relinquish the magistracy of the tribunes, in that of Spurius Cassius for affecting tyranny, of Marcus Sergius for running away at Veii, of Caius Lucretius for spoiling his province, of Junius Silanus for making war without a command from the people against the Cimbri, with divers others. And the crimes of this nature were called loesoe majestatis, or high treason. Examples of such as were arraigned or tried for peculation, or defraudation of the commonwealth, were Marcus Curius for intercepting the money of the Samnites, Salinator for the unequal division of spoils to his soldiers, Marcus Posthumius for cheating the commonwealth by a feigned shipwreck. Causes of these two kinds were of a more public nature; but the like power upon appeals was also exercised by the people in private matters, even during the time of the kings, as in the case of Horatius. Nor is it otherwise with Venice, where the Doge Loredano was sentenced by the great Council, and Antonio Grimani, afterward doge, questioned, for that he, being admiral, had suffered the Turk to take Lepanto in view of his fleet.
"Nevertheless, there lay no appeal from the Roman dictator to the people; which, if there had, might have cost the commonwealth dear, when Spurius Melius, affecting empire, circumvented and debauched the tribunes: whereupon Titus Quintus Cincinnatus was created Dictator, who having chosen Servilius Ahala to be his lieutenant, or magister equitum, sent him to apprehend Melius, whom, while he disputed the commands of the Dictator and implored the aid of the people, Ahala cut off upon the place. By which example you may see in what cases the dictator may prevent the blow which is ready sometimes to fall ere the people be aware of the danger. Wherefore there lies no appeal from the Dieci, or the Council of Ten, in Venice, to the Great Council, nor from our Council of War to the people. For the way of proceeding of this tribe, or the ballot, it is, as was once said for all, Venetian.
"Nor was there any appearance of such a desire in the people of Rome (who from the time of Romulus had been very well contented with the power of result either in the parochial assemblies, as it was settled upon them by him, or in the meetings of the hundreds, as it was altered in their regard for the worse by Servius Tullius) till news was brought, some fifteen years after the exile of Tarquin, their late King (during which time the Senate had governed pretty well), that he was dead at the Court of Aristodemus the tyrant of Cumae. Whereupon the patricians, or nobility, began to let out the hitherto dissembled venom which is inherent in the root of oligarchy and fell immediately upon injuring the people beyond all moderation. For whereas the people had served both gallantly and contentedly in arms upon their own charges, and, though joint purchasers by their swords of the conquered lands, had not participated in the same to above two acres a man (the rest being secretly usurped by the patricians), they, through the meanness of their support and the greatness of their expense, being generally indebted, no sooner returned home with victory to lay down their arms, than they were snatched up by their creditors, the nobility, to cram jails. Whereupon, but with the greatest modesty that was ever known in the like case, they first fell upon debate, affirming 'That they were oppressed and captivated at home, while abroad they fought for liberty and empire, and that the freedom of the common people was safer in time of war than peace, among their enemies than their fellow-citizens.' It is true that when they could not get the Senate, through fear, as was pretended by the patricians, to assemble and take their grievances into consideration, they grew so much the warmer, that it was glad to meet; where Appius Claudius, a fierce spirit, was of opinion that recourse should be had to consular power, whereby some of the brands of sedition being taken off, the flame might be extinguished. Servilius, being of another temper, thought it better and safer to try if the people might be bowed than broken.
"But this debate was interrupted by tumultuous news of the near approach of the Volsci, a case in which the Senate had no recourse but to the people, who, contrary to their former custom upon the like occasions, would not stir a foot, but fell a-laughing, and saying, 'Let them fight that have something to fight for.' The Senate that had purses, and could not sing so well before the thief, being in a great perplexity, found no possible way out of it but to beseech Servilius, one of a genius well known to be popular, that he would accept of the consulship, and make some such use of it as might be helpful to the patrician interest. Servilius, accepting of the offer, and making use of his interest with the people, persuaded them to hope well of the good intention of the fathers, whom it would little beseem to be forced to those things which would lose their grace, and that in view of the enemy, if they came not freely; and withal published an edict, that no man should withhold a citizen of Rome by imprisonment from giving his name (for that was the way, as I shall have opportunity hereafter to show more at large, whereby they drew out their armies), nor to seize or sell any man's goods or children that were in the camp. Whereupon the people with a mighty concourse immediately took arms, marched forth, and (which to them was as easy as to be put into the humor, and that, as appears in this place, was not hard) totally defeated the Volsci first, then the Sabines (for the neighboring nations, hoping to have had a good bargain of the discord in Rome, were up in arms on all sides), and after the Sabines the Aurunci. Whence returning, victorious in three battles they expected no less than that the Senate would have made good their words, when Appius Claudius, the other Consul, of his innate pride, and that he might frustrate the faith of his colleague, caused the soldiers (who being set at liberty, had behaved themselves with such valor) to be restored at their return to their creditors and their jails.
"Great resort upon this was made by the people to Servilius, showing him their wounds, calling him to witness how they had behaved themselves, and minding him of his promise. Poor Servilius was sorry, but so overawed with the headiness of his colleague, and the obstinacy of the whole faction of the nobility, that, not daring to do anything either way, he lost both parties, the fathers conceiving that he was ambitious, and the people that he was false; while the Consul Claudius, continuing to countenance such as daily seized and imprisoned some of the indebted people, had still new and dangerous controversies with them, insomuch that the commonwealth was torn with horrid division, and the people (because they found it not so safe or so effectual in public) minded nothing but laying their heads together in private conventicles. For this Aulus Virginius and Titus Vetusius, the new Consuls, were reproved by the Senate as slothful, and upbraided with the virtue of Appius Claudius. Whereupon the Consuls having desired the Senate that they might know their pleasure, showed afterward their readiness to obey it, by summoning the people according to command, and requiring names whereby to draw forth an army for diversion, but no man would answer. Report hereof being made to the Senate, the younger sort of the fathers grew so hot with the Consuls that they desired them to abdicate the magistracy, which they had not the courage to defend.
"The Consuls, though they conceived themselves to be roughly handled, made this soft answer. 'Fathers conscript, that you may please to take notice it was foretold some horrid sedition is at hand, we shall only desire that they whose valor in this place is so great, may stand by us to see how we behave ourselves, and then be as resolute in your commands as you will; your fatherhoods may know if we be wanting in the performance.'
"At this some of the hot young noblemen returned with the Consuls to the tribunal, before which the people were yet standing; and the Consuls having generally required names in vain, to put it to something, required the name of one that was in their eye particularly; on whom, when he moved not, they commanded a lictor to lay hands, but the people, thronging about the party summoned, forbade the lictor, who durst not touch him; at which the hotspurs that came with the consuls, enraged by the affront, descended from the throne to the aid of the lictor; from whom in so doing they turned the indignation of the people upon themselves with such heat that the Consuls interposing, thought fit, by remitting the assembly, to appease the tumult; in which, nevertheless, there had been nothing but noise. Nor was there less in the Senate, being suddenly rallied upon this occasion, where they that received the repulse, with others whose heads were as addled as their own, fell upon the business as if it had been to be determined by clamor till the Consuls, upbraiding the Senate that it differed not from the market-place, reduced the house to orders.
"And the fathers, having been consulted accordingly, there were three opinions: Publius Virginius conceived that the consideration to be had upon the matter in question, or aid of the indebted and imprisoned people, was not to be further extended than to such as had engaged upon the promise made by Servilius; Titus Largius, that it was no time to think it enough, if men's merits were acknowledged, while the whole people, sunk under the weight of their debts, could not emerge without some common aid, which to restrain, by putting some into a better condition than others, would rather more inflame the discord than extinguish it; Appius Claudius (still upon the old haunt) would have it that the people were rather wanton than fierce; it was not oppression that necessitated, but their power that invited them to these freaks; the empire of the Consuls since the appeal to the people (whereby a plebeian might ask his fellows if he were a thief) being but a mere scarecrow. 'Go to,' says he, 'let us create the dictator, from whom there is no appeal, and then let me see more of this work, or him that shall forbid my lictor.'
"The advice of Appius was abhorred by many; and to introduce a general recision of debts with Largius, was to violate all faith; that of Virginius, as the most moderate, would have passed best, but that there were private interests, that constant bane of the public, which withstood it. So they concluded with Appius, who also had been dictator, if the Consuls and some of the graver sort had not thought it altogether unseasonable, at a time when the Volsci and the Sabines were up again, to venture so far upon alienation of the people: for which cause Valerius, being descended from the Publicolas, the most popular family, as also in his own person of a mild nature, was rather trusted with so rigid a magistracy. Whence it happened that the people, though they knew well enough against whom the Dictator was created, feared nothing from Valerius; but upon a new promise made to the same effect with that of Servilius, hoped better another time, and throwing away all disputes, gave their names roundly, went out, and, to be brief, came home again as victorious as in the former action, the Dictator entering the city in triumph. Nevertheless, when he came to press the Senate to make good his promise, and do something for the ease of the people, they regarded him no more as to that point than they had done Servilius. Whereupon the Dictator, in disdain to be made a stale, abdicated his magistracy, and went home. Here, then, was a victorious army without a captain, and a Senate pulling it by the beard in their gowns. What is it (if you have read the story, for there is not such another) that must follow? Can any man imagine that such only should be the opportunity upon which this people could run away?
"Alas, poor men, the AEqui and the Volsci and the Sabines were nothing, but the fathers invincible! There they sat, some 300 of them armed all in robes, and thundering with their tongues, without any hopes in the earth to reduce them to any tolerable conditions. Wherefore, not thinking it convenient to abide long so near them, away marches the army, and encamps in the fields. This retreat of the people is called the secession of Mount Aventin, where they lodged, very sad at their condition, but not letting fall so much as a word of murmur against the fathers. The Senate by this time were great lords, had the whole city to themselves; but certain neighbors were upon the way that might come to speak with them, not asking leave of the porter. Wherefore their minds became troubled, and an orator was posted to the people to make as good conditions with them as he could; but, whatever the terms were, to bring them home, and with all speed. And here it was covenanted between the Senate and the people, that these should have magistrates of their own election, called the tribunes, upon which they returned.
"To hold you no longer, the Senate having done this upon necessity, made frequent attempts to retract it again, while the tribunes, on the other side, to defend what they had got, instituted their Tributa Comitia, or council of the people; where they came in time, and, as disputes increased, to make laws without the authority of the Senate, called plebiscita. Now to conclude in the point at which I drive: such were the steps whereby the people of Rome came to assume debate, nor is it in art or nature to debar a people of the like effect, where there is the like cause. For Romulus, having in the election of his Senate squared out a nobility for the support of a throne, by making that of the patricians a distinct and hereditary order, planted the commonwealth upon two contrary interests or roots, which, shooting forth, in time produced two commonwealths, the one oligarchical in the nobility, the other a mere anarchy of the people, and ever after caused a perpetual feud and enmity between the Senate and the people, even to death.
"There is not a more noble or useful question in the politics than that which is started by Machiavel, whether means were to be found whereby the enmity that was between the Senate and the people of Rome could have been removed? Nor is there any other in which we, on the present occasion, are so much concerned, particularly in relation to this author; forasmuch as his judgment in the determination of the question standing, our commonwealth falls. And he that will erect a commonwealth against the judgment of Machiavel, is obliged to give such reasons for his enterprise as must not go a-begging. Wherefore to repeat the politician very honestly, but somewhat more briefly, he disputes thus:
"'There be two sorts of commonwealths, the one for preservation, as Lacedaemon and Venice; the other for increase, as Rome.
"'Lacedaemon, being governed by a King and a small Senate, could maintain itself a long time in that condition, because the inhabitants, being few, having put a bar upon the reception of strangers, and living in a strict observation of the laws of Lycurgus, which now had got reputation, and taken away all occasion of tumults, might well continue long in tranquillity. For the laws of Lycurgus introduced a greater equality in estates, and a less equality in honors, whence there was equal poverty; and the plebeians were less ambitious, because the honors or magistracies of the city could extend but to a few and were not communicable to the people, nor did the nobility by using them ill ever give them a desire to participate of the same. This proceeded from the kings, whose principality, being placed in the midst of the nobility, had no greater means whereby to support itself than to shield the people from all injury; whence the people, not fearing empire, desired it not; and so all occasion of enmity between the Senate and the people was taken away. But this union happened especially from two causes: the one that the inhabitants of Lacedaemon being few, could be governed by the few; the other, that, not receiving strangers into their commonwealth, they did not corrupt it, nor increase it to such a proportion as was not governable by the few.
"'Venice has not divided with her plebeians, but all are called gentlemen that be in administration of the government; for which government she is more beholden to chance than the wisdom of her law-makers; for many retiring to those islands, where that city is now built, from the inundations of barbarians that overwhelmed the Roman Empire, when they were increased to such a number that to live together it was necessary to have laws, they ordained a form of government, whereby assembling often in council upon affairs, and finding their number sufficient for government, they put a bar upon all such as repairing afterward to their city should become inhabitants, excluding them from participation of power. Whence they that were included in the administration had right, and they that were excluded, coming afterward, and being received upon no other conditions to be inhabitants, had no wrong, and therefore had no occasion, nor (being never trusted with arms) any means to be tumultuous. Wherefore this commonwealth might very well maintain itself in tranquillity.
"'These things considered, it is plain that the Roman legislators, to have introduced a quiet state, must have done one of these two things: either shut out strangers, as the Lacedemonians; or, as the Venetians, not allowed the people to bear arms. But they did neither. By which means the people, having power and increase, were in perpetual tumult. Nor is this to be helped in a commonwealth for increase, seeing if Rome had cut off the occasion of her tumults, she must have cut off the means of her increase, and by consequence of her greatness.
"'Wherefore let a legislator consider with himself whether he would make his commonwealth for preservation, in which case she may be free from tumults; or for increase, in which case she must be infested with them.
"'If he makes her for preservation, she may be quiet at home, but will be in danger abroad. First, because her foundation must be narrow, and therefore weak, as that of Lacedaemon, which lay but upon 30,000 citizens; or that of Venice, which lies but upon 3,000. Secondly, such a commonwealth must either be in peace, or war; if she be in peace, the few are soonest effeminated and corrupted and so obnoxious also to faction. If in war, succeeding ill, she is an easy prey; or succeeding well, ruined by increase: a weight which her foundation is not able to bear. For Lacedaemon, when she had made herself mistress upon the matter of all Greece, through a slight accident, the rebellion of Thebes, occasioned by the conspiracy of Pelopidas discovering this infirmity of her nature, the rest of her conquered cities immediately fell off, and in the turn as it were of a hand reduced her from the fullest tide to the lowest ebb of her fortune. And Venice having possessed herself of a great part of Italy by her purse, was no sooner in defence of it put to the trial of arms than she lost all in one battle.
"'Whence I conclude that in the ordination of a commonwealth a legislator is to think upon that which is most honorable, and, laying aside models for preservation, to follow the example of Rome conniving at, and temporizing with, the enmity between the Senate and the people, as a necessary step to the Roman greatness. For that any man should find out a balance that may take in the conveniences and shut out the inconveniences of both, I do not think it possible.' These are the words of the author, though the method be somewhat altered, to the end that I may the better turn them to my purpose.
"My lords, I do not know how you hearken to this sound; but to hear the greatest artist in the modern world giving sentence against our commonwealth is that with which I am nearly concerned. Wherefore, with all honor due to the prince of politicians, let us examine his reasoning with the same liberty which he has asserted to be the right of a free people. But we shall never come up to him, except by taking the business a little lower, we descend from effects to their causes. The causes of commotion in a commonwealth are either external or internal. External are from enemies, from subjects, or from servants. To dispute then what was the cause why Rome was infested by the Italian, or by the servile wars; why the slaves took the capitol; why the Lacedaemonians were near as frequently troubled with their helots as Rome with all those; or why Venice, whose situation is not trusted to the faith of men, has as good or better quarter with them whom she governs, than Rome had with the Latins; were to dispute upon external causes. The question put by Machiavel is of internal causes; whether the enmity that Was between the Senate and the people of Rome might have been removed. And to determine otherwise of this question than he does, I must lay down other principles than he has done. To which end I affirm that a commonwealth, internally considered, is either equal or unequal. A commonwealth that is internally equal, has no internal cause of commotion, and therefore can have no such effect but from without. A commonwealth internally unequal has no internal cause of quiet, and therefore can have no such effect but by diversion.
"To prove my assertions, I shall at this time make use of no other than his examples. Lacedaemon was externally unquiet, because she was externally unequal, that is as to her helots; and she was internally at rest, because she was equal in herself, both in root and branch; in the root by her agrarian, and in branch by the Senate, inasmuch as no man was thereto qualified but by election of the people. Which institution of Lycurgus is mentioned by Aristotle, where he says that rendering his citizens emulous (not careless) of that honor, he assigned to the people the election of the Senate. Wherefore Machiavel in this, as in other places, having his eye upon the division of patrician and plebeian families as they were in Rome, has quite mistaken the orders of this commonwealth, where there was no such thing. Nor did the quiet of it derive from the power of the kings, who were so far from shielding the people from the injury of the nobility, of which there was none in his sense but the Senate, that one declared end of the Senate at the institution was to shield the people from the kings, who from that time had but single votes. Neither did it proceed from the straitness of the Senate, or their keeping the people excluded from the government, that they were quiet, but from the equality of their administration, seeing the Senate (as is plain by the oracle, their fundamental law) had no more than the debate, and the result of the commonwealth belonged to the people.
"Wherefore when Theopompus and Polydorus, Kings of Lacedaemon, would have kept the people excluded from the government by adding to the ancient law this clause, 'If the determination of the people be faulty, it shall be lawful for the Senate to resume the debate,' the people immediately became unquiet, and resumed that debate, which ended not till they had set up their ephors, and caused that magistracy to be confirmed by their kings." For when Theopompus first ordained that the ephori or overseers should be created at Lacedaemon, to be such a restraint upon the kings there as the tribunes were upon the consuls at Rome, the Queen complained to him, that by this means he transmitted the royal authority greatly diminished to his children: "I leave indeed less," answered he, "but more lasting." And this was excellently said; for that power only is safe which is limited from doing hurt. Theopompus therefore, by confining the kingly power within the bounds of the laws, did recommend it by so much to the people's affection as he removed it from being arbitrary.' By which it may appear that a commonwealth for preservation, if she comes to be unequal, is as obnoxious to enmity between the Senate and the people as a commonwealth for increase; and that the tranquillity of Lacedaemon was derived from no other cause than her equality.
"For Venice, to say that she is quiet because she disarms her subjects, is to forget that Lacedaemon disarmed her helots, and yet could not in their regard be quiet; wherefore if Venice be defended from external causes of commotion, it is first through her situation, in which respect her subjects have no hope (and this indeed may be attributed to her fortune); and, secondly, through her exquisite justice, whence they have no will to invade her. But this can be attributed to no other cause than her prudence, which will appear to be greater, as we look nearer; for the effects that proceed from fortune, if there be any such thing, are like their cause, inconstant. But there never happened to any other commonwealth so undisturbed and constant a tranquillity and peace in herself as are in that of Venice; wherefore this must proceed from some other cause than chance. And we see that as she is of all others the most quiet, so the most equal commonwealth. Her body consists of one order, and her Senate is like a rolling stone, as was said, which never did, nor, while it continues upon that rotation, never shall gather the moss of a divided or ambitious interest, much less such a one as that which grasped the people of Rome in the talons of their own eagles. And if Machiavel, averse from doing this commonwealth right, had considered her orders, as his reader shall easily perceive he never did, he must have been so far from attributing the prudence of them to chance, that he would have touched up his admirable work to that perfection which, as to the civil part, has no pattern in the universal world but this of Venice.
"Rome, secure by her potent and victorious arms from all external causes of commotion, was either beholden for her peace at home to her enemies abroad, or could never rest her head. My lords, you that are parents of a commonwealth, and so freer agents than such as are merely natural, have a care. For, as no man shall show me a commonwealth born straight that ever became crooked, so no man shall show me a commonwealth born crooked that ever became straight. Rome was crooked in her birth, or rather prodigious. Her twins, the patrician and plebeian orders, came, as was shown by the foregoing story, into the world, one body but two heads, or rather two bellies; for, notwithstanding the fable out of AEsop, whereby Menenius Agrippa, the orator that was sent from the Senate to the people at Mount Aventin, showed the fathers to be the belly, and the people to be the arms and the legs (which except that, how slothful soever it might seem, they were nourished, not these only, but the whole body must languish and be dissolved), it is plain that the fathers were a distinct belly, such a one as took the meat indeed out of the people's mouths, but abhorring the agrarian, returned it not in the due and necessary nutrition of a commonwealth. Nevertheless, as the people that live about the cataracts of Nilus are said not to hear the noise, so neither the Roman writers, nor Machiavel the most conversant with them, seem among so many of the tribunitian storms to hear their natural voice; for though they could not miss of it so far as to attribute them to the strife of the people for participation in magistracy, or, in which Machiavel more particularly joins, to that about the agrarian, this was to take the business short, and the remedy for the disease.
"A people, when they are reduced to misery and despair, become their own politicians, as certain beasts, when they are sick, become their own physicians, and are carried by a natural instinct to the desire of such herbs as are their proper cure; but the people, for the greater part, are beneath the beasts in the use of them. Thus the people of Rome, though in their misery they had recourse by instinct, as it were, to the two main fundamentals of a commonwealth, participation of magistracy and the agrarian, did but taste and spit at them, not (which is necessary in physic) drink down the potion, and in that their healths. For when they had obtained participation of magistracy it was but lamely, not to a full and equal rotation in all elections; nor did they greatly regard it in what they had got. And when they had attained to the agrarian, they neglected it so far as to suffer the law to grow obsolete; but if you do not take the due dose of your medicines (as there be slight tastes which a man may have of philosophy that incline to atheism) it may chance to be poison, there being a like taste of the politics that inclines to confusion, as appears in the institution of the Roman tribunes, by which magistracy and no more the people were so far from attaining to peace, that they in getting but so much, got but heads for an eternal feud; whereas if they had attained in perfection either to the agrarian, they had introduced the equality and calm of Lacedaemon, or to rotation, and they had introduced that of Venice: and so there could have been no more enmity between the Senate and the people of Rome than there was between those orders in Lacedaemon, or is now in Venice. Wherefore Machiavel seems to me, in attributing the peace of Venice more to her luck than her prudence, of the whole stable to have saddled the wrong horse; for though Rome in her military part could beat it better, beyond all comparison, upon the sounding hoof, Venice for the civil part has plainly had the wings of Pegasus.
"The whole question then will come upon this point, whether the people of Rome could have obtained these orders? And first, to say that they could not have obtained them without altering the commonwealth, is no argument; seeing neither could they, without altering the commonwealth, have obtained their tribunes, which nevertheless were obtained. And if a man considers the posture that the people were in when they obtained their tribunes, they might as well, and with as great ease (forasmuch as the reason why the nobility yielded to the tribunes was no other than that there was no remedy) have obtained anything else. And for experience, it was in the like case that the Lacedaemonians did set up their ephors, and the Athenians, after the battle of Plataea, bowed the Senate (so hard a thing it is for a commonwealth that was born crooked to become straight) as much the other way. Nor, if it be objected that this must have ruined the nobility (and in that deprived the commonwealth of the greatness which she acquired by them), is this opinion holding, but confuted by the sequel of the story, showing plainly that the nobility, through the defect of such orders (that is to say, of rotation and the agrarian), came to eat up the people; and battening themselves in luxury, to be, as Sallust speaks of them, 'a most sluggish and lazy nobility, in whom, besides the name, there was no more than in a statue;' and to bring so mighty a commonwealth, and of so huge a glory, to so deplorable an end. Wherefore means might have been found to remove the enmity that was between the Senate and the people of Rome.
"My lords, if I have argued well, I have given you the comfort and assurance that, notwithstanding the judgment of Machiavel, your commonwealth is both safe and sound; but if I have not argued well, then take the comfort and assurance which he gives you while he is firm, that a legislator is to lay aside all other examples, and follow that of Rome only, conniving and temporizing with the enmity between the Senate and the people as a necessary step to the Roman greatness. Whence it follows that your commonwealth, at the worst, is that which he has given you his word is the best.
"I have held your lordships long, but upon an account of no small importance, which I can now sum up in these few words: where there is a liquorishness in a popular assembly to debate, it proceeds not from the constitution of the people, but of the commonwealth. Now that your commonwealth is of such a constitution as is naturally free from this kind of intemperance, is that which, to make good, I must divide the remainder of my discourse into two parts:
"The first, showing the several constitutions of the assemblies of the people in other commonwealths;
"The second, comparing our assembly of the people with theirs; and showing how it excludes the inconveniences and embraces the conveniences of them all.
"In the beginning of the first part I must take notice, that among the popular errors of our days it is no small one that men imagine the ancient governments of this kind to have consisted for the most part of one city that is, of one town; whereas by what we have learned of my 'lords that owned them, it appears that there was not any considerable one of such a Constitution but Carthage, till this in our days of Venice.
"For to begin with Israel, it consisted of the twelve tribes, locally spread or quartered throughout the whole territory, and these being called together by trumpets, constituted the Church or assembly of the people. The vastness of this weight, as also the slowness thence unavoidable, became a great cause (as has been shown at large by my Lord Phosphorus) of the breaking that commonwealth; notwithstanding that the Temple, and those religious ceremonies for which the people were at least annually obliged to repair thither, were no small ligament of the tribes, otherwise but slightly tacked together.
"Athens consisted of four tribes, taking in the whole people, both of the city and of the territory; not so gathered by Theseus into one town, as to exclude the country, but to the end that there might be some capital of the commonwealth: though true it be, that the congregation, consisting of the inhabitants within the walls, was sufficient to all intents and purposes, without those of the country. These also being exceeding numerous, became burdensome to themselves and dangerous to the commonwealth; the more for their ill-education, as is observed by Xenophon and Polybius, who compare them to mariners that in a calm are perpetually disputing and swaggering one with another, and never lay their hands to the common tackling or safety till they be all endangered by some storm. Which caused Thucydides, when he saw this people through the purchase of their misery become so much wiser as to reduce their Comitia or assemblies to 5,000, to say in his eighth book: 'And now, at least in my time, the Athenians seem to have ordered their State aright, consisting of a moderate tempor both of the few (by which he means the Senate of the Bean) and of the many,' or the 5,000. And he does not only give you his judgment, but the best proof of it; for 'this,' says he, 'was the first thing that, after so many misfortunes past, made the city again to raise her head.' The place I would desire your lordships to note, as the first example that I find, or think is to be found, of a popular assembly by way of representative.
"Lacedaemon consisted of 30,000 citizens dispersed throughout Laconia, one of the greatest provinces in all Greece, and divided, as by some authors is probable, into six tribes. Of the whole body of these, being gathered, consisted the great Church or assembly, which had the legislative power; the little church, gathered sometimes for matters of concern within the city, consisted of the Spartans only. These happened, like that of Venice, to be good constitutions of a congregation, but from an ill-cause the infirmity of a commonwealth, which through her paucity was oligarchical.
"Wherefore, go which way you will, it should seem that without a representative of the people, your commonwealth, consisting of a whole nation, can never avoid falling either into oligarchy or confusion.
"This was seen by the Romans, whose rustic tribes, extending themselves from the river Arno to the Vulturnus, that is, from Fesulae or Florence to Capua, invented a way of representative by lots: the tribe upon which the first fell being the prerogative, and some two or three more that had the rest, the jure vocatoe. These gave the suffrage of the commonwealth in two meetings; the prerogative at the first assembly, and the jure vocatoe at a second.
"Now to make the parallel: all the inconveniences that you have observed in these assemblies are shut out, and all the conveniences taken into your prerogative. For first, it is that for which Athens, shaking off the blame of Xenophon and Polybius, came to deserve the praise of Thucydides, a representative. And, secondly, not, as I suspect in that of Athens, and is past suspicion in this of Rome, by lot, but by suffrage, as was also the late House of Commons, by which means in your prerogatives all the tribes of Oceana are jure vocatoe; and if a man shall except against the paucity of the standing number, it is a wheel, which in the revolution of a few years turns every hand that is fit, or fits every hand that it turns to the public work. Moreover, I am deceived if, upon due consideration, it does not fetch your tribes, with greater equality and ease to themselves and to the government, from the frontiers of Marpesia, than Rome ever brought any one of hers out of her pomoeria, or the nearest parts of her adjoining territories. To this you may add, that whereas a commonwealth, which in regard of the people is not of facility in execution, were sure enough in this nation to be cast off through impatience; your musters and galaxies are given to the people, as milk to babes, whereby when they are brought up through four days' election in a whole year (one at the parish, one at the hundred, and two at the tribe) to their strongest meat, it is of no harder digestion than to give their negative or affirmative as they see cause. There be gallant men among us that laugh at such an appeal or umpire; but I refer it whether you be more inclining to pardon them or me, who I confess have been this day laughing at a sober man, but without meaning him any harm, and that is Petrus Cunaeus, where speaking of the nature of the people, he says, 'that taking them apart, they are very simple, but yet in their assemblies they see and know something, and so runs away without troubling himself with what that something is. Whereas the people, taken apart, are but so many private interests; but if you take them together, they are the public interest.
"The public interest of a commonwealth, as has been shown, is nearest that of mankind, and that of mankind is right reason; but with aristocracy (whose reason or interest, when they are all together, as appeared by the patricians, is but that of a party) it is quite contrary: for as, taken apart, they are far wiser than the people considered in that manner, so, being put together, they are such fools, who by deposing the people, as did those of Rome, will saw off the branch whereupon they sit, or rather destroy the root of their own greatness. Wherefore Machiavel, following Aristotle, and yet going before him, may well assert, 'that the people are wiser and more constant in their resolutions than a prince:' which is the prerogative of popular government for wisdom. And hence it is that the prerogative of your commonwealth, as for wisdom so for power, is in the people, which (though I am not ignorant that the Roman prerogative was so called a proerogando, because their suffrage was first asked) gives the denomination to your prerogative tribe."
The elections, whether annual or triennial, being shown by the twenty-second, that which comes in the next place to be considered is—
The twenty-third order, "Showing the power, function, and manner of proceeding of the prerogative tribe.
"The power or function of the prerogative is of two parts: the one of result, in which it is the legislative, power, the other of judicature, in which regard it is the highest court, and the last appeal in this commonwealth.
"For the former part (the people by this constitution being not obliged by any law that is not of their own making or confirmation, by the result of the prerogative, their equal representative) it shall not be lawful for the Senate to require obedience from the people, nor for the people to give obedience to the Senate in or by any law that has not been promulgated, or printed and published for the space of six weeks, and afterward proposed by the authority of the Senate to the prerogative tribe, and resolved by the major vote of the same in the affirmative. Nor shall the Senate have any power to levy war, men, or money, otherwise than by the consent of the people so given, or by a law so enacted, except in cases of exigence, in which it is agreed that the power, both of the Senate and the people, shall be in the dictator so qualified, and for such a term of time, as is according to that constitution already prescribed. While a law is in promulgation, the censors shall animadvert upon the Senate, and the tribunes upon the people, that there be no laying of heads together, no conventicles or canvassing to carry on or oppose anything; but that all may be done in a free and open way.
"For the latter part of the power of the prerogative, or that whereby they are the supreme judicatory of this nation, and of the provinces of the same, the cognizances of crimes against the majesty of the people, such as high treason, as also of peculation, that is, robbery of the treasury, or defraudation of the commonwealth, appertains to this tribe. And if any person or persons, provincials or citizens, shall appeal to the people, it belongs to the prerogative to judge and determine the case; provided that if the appeal be from any court of justice in this nation or the provinces, the appellant shall first deposit £100 in the court from which he appeals, to be forfeited to the same if he be cast in his suit by the people. But the power of the Council of War being the expedition of this commonwealth, and the martial law of the strategus in the field, are those only from which there shall lie no appeal to the people.
"The proceeding of the prerogative in case of a proposition is to be thus ordered: The magistrates, proposing by authority of the Senate, shall rehearse the whole matter, and expound it to the people; which done, they shall put the whole together to the suffrage, with three boxes, the negative, the affirmative, and the non-sincere; and the suffrage being returned to the tribunes, and numbered in the presence of the proposers. If the major vote be in the non-sincere, the proposer shall desist, and the Senate shall resume the debate. If the major vote be in the negative, the proposers shall desist, and the Senate, too. But if the major vote be in the affirmative, then the tribe is clear and the proposers shall begin and put the whole matter, with the negative and the affirmative (leaving out the non-sincere) by clauses; and the suffrages being taken and numbered by the tribunes in the presence of the proposers, shall be written and reported by the tribunes of the Senate. And that which is proposed by the authority of the Senate, and confirmed by the command of the people, is the law of Oceana.
"The proceeding of the prerogative in a case of judicature is to be thus ordered: The tribunes being auditors of all causes appertaining to the cognizance of the people, shall have notice of the suit or trial, whether of appeal or otherwise, that is to be commenced; and if any one of them shall accept of the same, it appertains to him to introduce it. A cause being introduced, and the people mustered or assembled for the decision of the same, the tribunes are presidents of the court, having power to keep it to orders, and shall be seated upon a scaffold erected in the middle of the tribe. Upon the right hand shall stand a seat or large pulpit assigned to the plaintiff or the accuser; and, upon the left, another for the defendant, each if they please with his counsel. And the tribunes (being attended upon such occasions with so many ballotins, secretaries, doorkeepers, and messengers of the Senate as shall be requisite) one of them shall turn up a glass of the nature of an hour-glass, but such a one as is to be of an hour and a half's running; which being turned up, the party or counsel on the right hand may begin to speak to the people. If there be papers to be read, or witnesses to be examined, the officer shall lay the glass sideways till the papers be read and the witnesses examined, and then turn it up again; and so long as the glass is running, the party on the right hand has liberty to speak, and no longer. The party on the right hand having had his time, the like shall be done in every respect for the party on the left. And the cause being thus heard, the tribunes shall put the question to the tribe with a white, a black, and a red box (or non-sincere), whether guilty or not guilty. And if the suffrage being taken, the major vote be in the non-sincere, the cause shall be reheard upon the next juridicial day following, and put to the question in the same manner. If the major vote comes the second time in the non-sincere, the cause shall be heard again upon the third day; but at the third hearing the question shall be put without the non-sincere. Upon the first of the three days in which the major vote comes in the white box, the party accused is absolved; and upon the first of them in which it comes in the black box, the party accused is condemned. The party accused being condemned, the tribunes (if the case be criminal) shall put with the white and the black box these questions, or such of them as, regard had to the case, they shall conceive most proper:
1. Whether he shall have a writ of ease;
2. Whether he shall be fined so much or so much;
3. Whether he shall be confiscated;
4. Whether he shall be rendered incapable of magistracy;
5. Whether he shall be banished;
6. Whether he shall be put to death.
"These, or any three of these questions, whether simple or such as shall be thought fitly mixed, being put by the tribunes, that which has most above half the votes in the black box is the sentence of the people, which the troop of the third class is to see executed accordingly.
"But whereas by the constitution of this commonwealth it may appear that neither the propositions of the Senate nor the judicature of the people will be so frequent as to hold the prerogative in continual employment, the Senate, a main part of whose office it is to teach and instruct the people, shall duly (if they have no greater affairs to divert them) cause an oration to be made to the prerogative by some knight or magistrate of the Senate, to be chosen out of the ablest men, and from time to time appointed by the orator of the house, in the great hall of the Pantheon, while the Parliament resides in the town, or in some grove or sweet place in the field, while the Parliament for the heat of the year shall reside in the country, upon every Tuesday, morning or afternoon.
"And the orator appointed for the time to this office shall first repeat the orders of the commonwealth with all possible brevity; and then, making choice of one or some part of it, discourse thereof to the people. An oration or discourse of this nature, being afterward perused by the Council of State, may as they see cause be printed and published."
The Archon's comment upon the order I find to have been of this sense:
"MY LORDS:
"To crave pardon for a word or two in further explanation of what was read, I shall briefly show how the constitution of this tribe or assembly answers to their function; and how their function, which is of two parts, the former in the result or legislative power, the latter in the supreme judicature of the commonwealth, answers to their constitution. Machiavel has a discourse, where he puts the question, 'Whether the guard of liberty may with more security be committed to the nobility or to the people?' Which doubt of his arises through the want of explaining his terms; for the guard of liberty can signify nothing else but the result of the commonwealth; so that to say that the guard of liberty may be committed to the nobility, is to say that the result may be committed to the Senate, in which case the people signify nothing.
"Now to show it was a mistake to affirm it to have been thus in Lacedaemon, sufficient has been spoken; and whereas he will have it to be so in Venice also: 'They,' says Contarini, 'in whom resides the supreme power of the whole commonwealth, and of the laws, and upon whose orders depends the authority as well of the Senate as of all the other magistrates, is the Great Council.' It is institutively in the Great Council, by the judgment of all that know that commonwealth; though, for the reasons shown, it be sometimes exercised by the Senate. Nor need I run over the commonwealths in this place for the proof of a thing so doubtless, and such as has been already made so apparent, as that the result of each was in the popular part of it. The popular part of yours, or the prerogative tribe, consists of seven deputies (whereof three are of the horse) annually elected out of every tribe of Oceana; which being fifty, amounts to 150 horse and 200 foot. And the prerogative consisting of three of these lists, consists of 450 horse and 600 foot, besides those of the provinces to be hereafter mentioned; by which means the overbalance in the suffrage remaining to the foot by 150 votes, you have to the support of a true and natural aristocracy the deepest root of a democracy that has been ever planted.
"Wherefore there is nothing in art or nature better qualified for the result than this assembly it is noted out of Cicero by Machiavel, 'That the people, though they are not so prone to find out truth of themselves as to follow custom or run into error yet if they be shown truth, they not only acknowledge and embrace it very suddenly, but are the most constant and faithful guardians and conservators of it.' it is your duty and office, whereto you are also qualified by the orders of this commonwealth, to have the people as you have your hawks and greyhounds, in leashes and slips, to range the fields and beat the bushes for them, for they are of a nature that is never good at this sport, but when you spring or start their proper quarry. Think not that they will stand to ask you what it is, or less know it than your hawks and greyhounds do theirs; but presently make such a flight or course, that a huntsman may as well undertake to run with his dogs, or a falconer to fly with his hawk, as an aristocracy at this game to compare with the people. The people of Rome were possessed of no less a prey than the empire of the world, when the nobility turned tails, and perched among daws upon the tower of monarchy. For though they did not all of them intend the thing, they would none of them endure the remedy, which was the agrarian.
"But the prerogative tribe has not only the result, but is the supreme judicature, and the ultimate appeal in this commonwealth. For the popular government that makes account to be of any standing, must make sure in the first place of the appeal to the people. As an estate in trust becomes a man's own if he be not answerable for it, so the power of a magistracy not accountable to the people, from whom it was received, becoming of private use, the commonwealth loses her liberty Wherefore the right of supreme judicature in the people (Without which there can be no such thing as popular government) is confirmed by the constant practice of all commonwealths; as that of Israel in the cases of Achan, and of the tribe of Benjamin, adjudged by the congregation.
"The dicasterian, or court called the heliaia in Athens, which (the comitia of that commonwealth consisting of the whole people, and so being too numerous to be a judicatory) was constituted sometimes of 500, at others of 1,000, or, according to the greatness of the cause, of 1,500, elected by the lot out of the whole body of the people, had, with the nine Archons that were presidents, the cognizance of such causes as were of highest importance in that State. The five ephors in Lacedaemon, which were popular magistrates, might question their kings, as appears by the cases of Pausanias, and of Agis, who being upon his trial in this court, was cried to by his mother to appeal to the people, as Plutarch has it in his life. The tribunes of the people of Rome (like, in the nature of their magistracy, and for some time in number, to the ephors, as being, according to Halicarnassus and Plutarch, instituted in imitation of them) had power to summon any man, his magistracy at least being expired (for from the Dictator there lay no appeal) to answer for himself to the people. As in the case of Coriolanus, who was going about to force the people, by withholding corn from them in a famine, to relinquish the magistracy of the tribunes, in that of Spurius Cassius for affecting tyranny, of Marcus Sergius for running away at Veii, of Caius Lucretius for spoiling his province, of Junius Silanus for making war without a command from the people against the Cimbri, with divers others. And the crimes of this nature were called loesoe majestatis, or high treason. Examples of such as were arraigned or tried for peculation, or defraudation of the commonwealth, were Marcus Curius for intercepting the money of the Samnites, Salinator for the unequal division of spoils to his soldiers, Marcus Posthumius for cheating the commonwealth by a feigned shipwreck. Causes of these two kinds were of a more public nature; but the like power upon appeals was also exercised by the people in private matters, even during the time of the kings, as in the case of Horatius. Nor is it otherwise with Venice, where the Doge Loredano was sentenced by the great Council, and Antonio Grimani, afterward doge, questioned, for that he, being admiral, had suffered the Turk to take Lepanto in view of his fleet.
"Nevertheless, there lay no appeal from the Roman dictator to the people; which, if there had, might have cost the commonwealth dear, when Spurius Melius, affecting empire, circumvented and debauched the tribunes: whereupon Titus Quintus Cincinnatus was created Dictator, who having chosen Servilius Ahala to be his lieutenant, or magister equitum, sent him to apprehend Melius, whom, while he disputed the commands of the Dictator and implored the aid of the people, Ahala cut off upon the place. By which example you may see in what cases the dictator may prevent the blow which is ready sometimes to fall ere the people be aware of the danger. Wherefore there lies no appeal from the Dieci, or the Council of Ten, in Venice, to the Great Council, nor from our Council of War to the people. For the way of proceeding of this tribe, or the ballot, it is, as was once said for all, Venetian.