HAVING explained and made proof of the foundations of both kinds of aristocracy, it remains to inquire whether by reason of any fault they are liable to be dissolved or changed into another form. The primary cause, by which dominions of this kind are dissolved, is that, which that most acute Florentine 1 observes in his "Discourses on Livy" (Bk. iii. Chap. I.), namely, that like a human body, "a dominion has daily added to it something that at some time or other needs to be remedied." And so, he says, it is necessary for something occasionally to occur, to bring back the dominion to that first principle, on which it was in the beginning established. And if this does not take place within the necessary time, its blemishes will go on increasing, till they cannot be removed, but with the dominion itself. And this restoration, he says, may either happen accidentally, or by the design and forethought of the laws or of a man of extraordinary virtue. And we cannot doubt, that this matter is of the greatest importance, and that, where provision has not been made against this inconvenience, the dominion will not be able to endure by its own excellence, but only by good fortune; and on the other hand that, where a proper remedy has been applied to this evil, it will not be possible for it to fall by its own fault, but only by some inevitable fate, as we shall presently show more clearly. The first remedy, that suggested itself for this evil, was to appoint every five years a supreme dictator for one or two months, who should have the right to inquire, decide, and make ordinances concerning the acts of the senators and of every official, and thereby to bring back the dominion to its first principle. But he who studies to avoid the inconveniences, to which a dominion is liable, must apply remedies that suit its nature, and can be derived from its own foundations; otherwise in his wish to avoid Charybdis he falls upon Scylla. It is, indeed, true that all, as well rulers as ruled, ought to be restrained by fear of punishment or loss, so that they may not do wrong with impunity or even advantage; but, on the other hand, it is certain, that if this fear becomes common to good and bad men alike, the dominion must be in the utmost danger. Now as the authority of a dictator is absolute, it cannot fail to be a terror to all, especially if, as is here required, he were appointed at a stated time, because in that case every ambitious man would pursue this office with the utmost energy; and it is certain that in time of peace virtue is thought less of than wealth, so that the more haughty a man he is, the more easily he will get office. And this perhaps is why the Romans used to make a dictator at no fixed time, but under pressure of some accidental necessity. Though for all that, to quote Cicero's words, "the tumour of a dictator was displeasing to the good." 2 And to be sure, as this authority of a dictator is quite royal, it is impossible for the dominion to change into a monarchy without great peril to the republic, although it happen for ever so short a time. Furthermore, if no fixed time were appointed for creating a dictator, no notice would be paid to the interval between one dictator and another, which is the very thing that we said was most to be observed; and the whole thing would be exceedingly vague, and therefore easily neglected. Unless, then, this authority of a dictator be eternal and fixed, and therefore impossible to be conferred on one man without destroying the form of dominion, the dictatorial authority itself, and consequently the safety and preservation of the republic will be very uncertain.
2. But, on the other hand, we cannot doubt (Chap. VI. Sec. 3), that, if without destroying the form of dominion, the sword of the dictator might be permanent, and only terrible to the wicked, evils will never grow to such a pitch, that they cannot be eradicated or amended. In order, therefore, to secure all these conditions, we have said, that there is to be a council of syndics subordinate to the supreme council, to the end that the sword of the dictator should be permanent in the hands not of any natural person, but of a civil person, whose members are too numerous to divide the dominion amongst themselves (Chap. IX. Secs. 1, 2), or to combine in any wickedness. To which is to be added, that they are forbidden to fill any other office in the dominion, that they are not the paymasters of the soldiery, and, lastly, that they are of an age to prefer actual security to things new and perilous. Wherefore the dominion is in no danger from them, and consequently they cannot, and in fact will not be a terror to the good, but only to the wicked. For as they are less powerful to accomplish criminal designs, so are they more so to restrain wickedness. For, not to mention that they can resist it in its beginnings (since the council lasts for ever), they are also sufficiently numerous to dare to accuse and condemn this or that influential man without fear of his enmity; especially as they vote by ballot, and the sentence is pronounced in the name of the entire council.
3. But the tribunes of the commons at Rome were likewise regularly appointed; but they were too weak to restrain the power of a Scipio, and had besides to submit to the senate their plans for the public welfare, 3 which also frequently eluded them, by contriving that the one whom the senators were least afraid of should be most popular with the commons. Besides which, the tribunes' authority was supported against the patricians by the favour of the commons. and whenever they convoked the commons, it looked as if they were raising a sedition rather than assembling a council. Which inconveniences have certainly no place in the dominion which we have described in the last two chapters.
4. However, this authority of the syndics will only be able to secure the preservation of the form of the dominion, and thus to prevent the laws from being broken, or anyone from gaining by transgressing; but will by no means suffice to prevent the growth of vices, which cannot be forbidden by law, such as those into which men fall from excess of leisure, and from which the ruin of a dominion not uncommonly follows. For men in time of peace lay aside fear, and gradually from being fierce savages become civilized or humane, and from being humane become soft and sluggish, and seek to excel one another not in virtue, but in ostentation and luxury. And hence they begin to put off their native manners and to put on foreign ones, that is, to become slaves.
5. To avoid these evils many have tried to establish sumptuary laws; but in vain. For all laws which can be broken without any injury to another, are counted but a laughing-stock, and are so far from bridling the desires and lusts of men, that on the contrary they stimulate them. For "we are ever eager for forbidden fruit, and desire what is denied." 4 Nor do idle men ever lack ability to elude the laws which are instituted about things, which cannot absolutely be forbidden, as banquets, plays, ornaments, and the like, of which only the excess is bad; and that is to be judged according to the individual's fortune, so that it cannot be determined by any general law.
6. I conclude, therefore, that the common vices of peace, of which we are here speaking, are never to be directly, but indirectly forbidden; that is, by laying such foundations of dominion, that the result may be, that the majority, I do not say are anxious to live wisely (for that is impossible), but are guided by those passions whence the republic has most advantage. And therefore the chief point to be studied is, that the rich may be, if not thrifty, yet avaricious. For there is no doubt, that, if this passion of avarice, which is general and lasting, be encouraged by the desire of glory, most people would set their chief affection upon increasing their property without disgrace, in order to acquire honours, while avoiding extreme infamy. If then we examine the foundations of both kinds of aristocracy which I have explained in the last two chapters, we shall see, that this very result follows from them. For the number of rulers in both is so large, that most of the rich have access to government and to the offices of the dominion open to them.
7. But if it be further ordained (as we said, Chap. VIII. Sec. 47), that patricians who are insolvent be deposed from patrician rank, and that those who have lost their property by misfortune be restored to their former position, there is no doubt that all will try their best to keep their property. Moreover, they will never desire foreign costumes, nor disdain their native ones, if it is by law appointed, that patricians and candidates for office should be distinguished by a special robe, concerning which see Chap. VIII. Secs. 25, 47. And besides these, other means may be devised in every dominion agreeable to the nature of its situation and the national genius, and herein it is above all to be studied, that the subjects may do their duty rather spontaneously than under pressure of the law.
8. For a dominion, that looks no farther than to lead men by fear, will be rather free from vices, than possessed of virtue. But men are so to be led, that they may think that they are not led, but living after their own mind, and according to their free decision; and so that they are restrained only by love of liberty, desire to increase their property, and hope of gaining the honours of the dominion. But effigies, triumphs, and other incitements to virtue, are signs rather of slavery than liberty. For rewards of virtue are granted to slaves, not freemen. I admit, indeed, that men are very much stimulated by these incitements; but, as in the first instance, they are awarded to great men, so afterwards, with the growth of envy, they are granted to cowards and men swollen with the extent of their wealth, to the great indignation of all good men. Secondly, those, who boast of their ancestors' effigies and triumphs, think they are wronged, if they are not preferred to others. Lastly, not to mention other objections, it is certain that equality, which once cast off the general liberty is lost, can by no means be maintained, from the time that peculiar honours are by public law decreed to any man renowned for his virtue.
9. After which premisses, let us now see whether dominions of this kind can be destroyed by any cause to which blame attaches. But if any dominion can be everlasting, that will necessarily be so, whose constitution being once rightly instituted remains unbroken. For the constitution is the soul of a dominion. Therefore, if it is preserved, so is the dominion. But a constitution cannot remain unconquered, unless it is defended alike by reason and common human passion: otherwise, if it relies only on the help of reason, it is certainly weak and easily overcome. Now since the fundamental constitution of both kinds of aristocracy has been shown to agree with reason and common human passion, we can therefore assert that these, if any kinds of dominion, will be eternal, in other words, that they cannot be destroyed by any cause to which blame attaches, but only by some inevitable fate.
10. But it may still be objected to us, that, although the constitution of dominion above set forth is defended by reason and common human passion, yet for all that it may at some time be overpowered. For there is no passion, that is not sometimes overpowered, by a stronger contrary one; for we frequently see the fear of death overpowered by the greed for another's property. Men, who are running away in panic fear from the enemy, can be stopped by the fear of nothing else, but throw themselves into rivers, or rush into fire, to escape the enemy's steel. In whatever degree, therefore, a commonwealth is rightly ordered, and its laws well made; yet in the extreme difficulties of a dominion, when all, as sometimes happens, are seized by a sort of panic terror, all, without regard to the future or the laws, approve only that which their actual fear suggests, all turn towards the man who is renowned for his victories, and set him free from the laws, and (establishing thereby the worst of precedents), continue him in command, and entrust to his fidelity all affairs of state: and this was, in fact, the cause of the destruction of the Roman dominion. But to answer this objection, I say, first, that in a rightly constituted republic such terror does not arise but from a due cause. And so such terror and consequent confusion can be attributed to no cause avoidable by human foresight. In the next place, it is to be observed, that in a republic such as we have above described, it is impossible (Chap. VIII. Secs. 9, 25) for this or that man so to distinguish himself by the report of his virtue, as to turn towards himself the attention of all, but he must have many rivals favoured by others. And so, although from terror there arise some confusion in the republic, yet no one will be able to elude the law and declare the election of anyone to an illegal military command, without its being immediately disputed by other candidates; and to settle the dispute, it will, in the end, be necessary to have recourse to the constitution ordained once for all, and approved by all, and to order the affairs of the dominion according to the existing laws. I may therefore absolutely assert, that as the aristocracy, which is in the hands of one city only, so especially that which is in the hands of several, is everlasting, or, in other words, can be dissolved or changed into another form by no internal cause.
2. Cic. ad Quint. Grat. iii. 8, 4. The better reading is "rumour," not "tumour." "The good" in such a passage means the aristocratic party.
3. Not by law, except before B.C. 287 and in the interval between the dictatorship of Sulla and the consulship of Pompey and Crassus. But in the golden age of the republic the senate in fact controlled the tribunes.
4. Ovid, "Amores," III. iv. 17.
Last updated Sunday, March 27, 2016 at 11:59