SO far of monarchy. But now we will say, on what plan an aristocracy is to be framed, so that it may be lasting. We have defined an aristocratic dominion as that, which is held not by one man, but by certain persons chosen out of the multitude, whom we shall henceforth call patricians. I say expressly, "that which is held by certain persons chosen." For the chief difference between this and a democracy is, that the right of governing depends in an aristocracy on election only, but in a democracy for the most part on some right either congenital or acquired by fortune (as we shall explain in its place); and therefore, although in any dominion the entire multitude be received into the number of the patricians, provided that right of theirs is not inherited, and does not descend by some law to others, the dominion will for all that be quite an aristocracy, because none are received into the number of the patricians save by express election. But if these chosen persons were but two, each of them will try to be more powerful than the other, and from the too great power of each, the dominion will easily be split into two factions; and in like manner into three, four, or five factions, if three, four, or five persons were put into possession of it. But the factions will be the weaker, the more there are to whom the dominion was delegated. And hence it follows, that to secure the stability of an aristocracy, it is necessary to consider the proportionate size of the actual dominion, in order to determine the minimum number of patricians.
2. Let it be supposed, then, that for a dominion of moderate size it suffices to be allowed a hundred of the best men, and that upon them has been conferred the supreme authority of the dominion, and that they have consequently the right to elect their patrician colleagues, when any of the number die. These men will certainly endeavour to secure their succession to their children or next in blood. And thus the supreme authority of the dominion will always be with those, whom fortune has made children or kinsmen to patricians. And, as out of a hundred men who rise to office by fortune, hardly three are found that excel in knowledge and counsel, it will thus come to pass, that the authority of the dominion will rest, not with a hundred, but only with two or three who excel by vigour of mind, and who will easily draw to themselves everything, and each of them, as is the wont of human greed, will be able to prepare the way to a monarchy. And so, if we make a right calculation, it is necessary, that the supreme authority of a dominion, whose size requires at least a hundred first-rate men, should be conferred on not less than five thousand. For by this proportion it will never fail, but a hundred shall be found excelling in mental vigour, that is, on the hypothesis that, out of fifty that seek and obtain office, one will always be found not less than first-rate, besides others that imitate the virtues of the first-rate, and are therefore worthy to rule.
3. The patricians are most commonly citizens of one city, which is the head of the whole dominion, so that the commonwealth or republic has its name from it, as once that of Rome, and now those of Venice, Genoa, etc. But the republic of the Dutch has its name from an entire province, whence it arises, that the subjects of this dominion enjoy a greater liberty. Now, before we can determine the foundations on which this aristocratic dominion ought to rest, we must observe a very great difference, which exists between the dominion which is conferred on one man and that which is conferred on a sufficiently large council. For, in the first place, the power of one man is (as we said, Chap. VI. Sec. 5) very inadequate to support the entire dominion; but this no one, without manifest absurdity, can affirm of a sufficiently large council. For, in declaring the council to be sufficiently large, one at the same time denies, that it is inadequate to support the dominion. A king, therefore, is altogether in need of counsellors, but a council like this is not so in the least. In the second place, kings are mortal, but councils are everlasting. And so the power of the dominion which has once been transferred to a large enough council never reverts to the multitude. But this is otherwise in a monarchy, as we showed (Chap. VII. Sec. 25). Thirdly, a king's dominion is often on sufferance, whether from his minority, sickness, or old age, or from other causes; but the power of a council of this kind, on the contrary, remains always one and the same. In the fourth place, one man's will is very fluctuating and inconstant; and, therefore, in a monarchy, all law is, indeed, the explicit will of the king (as we said. Chap. VII. Sec. 1), but not every will of the king ought to be law; but this cannot be said of the will of a sufficiently numerous council. For since the council itself, as we have just shown, needs no counsellors, its every explicit will ought to be law. And hence we conclude, that the dominion conferred upon a large enough council is absolute, or approaches nearest to the absolute. For if there be any absolute dominion, it is, in fact, that which is held by an entire multitude.
4. Yet in so far as this aristocratic dominion never (as has just been shown) reverts to the multitude, and there is under it no consultation with the multitude, but, without qualification, every will of the council is law, it must be considered as quite absolute, and therefore its foundations ought to rest only on the will and judgment of the said council, and not on the watchfulness of the multitude, since the latter is excluded from giving its advice or its vote. The reason, then, why in practice aristocracy is not absolute, is that the multitude is a cause of fear to the rulers, and therefore succeeds in retaining for itself some liberty, which it asserts and holds as its own, if not by an express law, yet on a tacit understanding.
5. And thus it is manifest that this kind of dominion will be in the best possible condition, if its institutions are such that it most nearly approaches the absolute — that is, that the multitude is as little as possible a cause of fear, and retains no liberty, but such as must necessarily be assigned it by the law of the dominion itself, and is therefore not so much a right of the multitude as of the whole dominion, asserted and maintained by the aristocrats only as their own. For thus practice agrees best with theory, as appears from the last section, and is also self-evident. For we cannot doubt that the dominion rests the less with the patricians, the more rights the commons assert for themselves, such as those which the corporations of artisans in Lower Germany, commonly called Guilds, generally possess.
6. But the commons need not apprehend any danger of a hateful slavery from this form of dominion, merely because it is conferred on the council absolutely. For the will of so large a council cannot be so much determined by lust as by reason; because men are drawn asunder by an evil passion, and cannot be guided, as it were, by one mind, except so far as they desire things honourable, or that have at least an honourable appearance.
7. In determining, then, the foundations of an aristocracy, it is above all to be observed, that they should rest on the sole will and power of the supreme council, so that it may be as independent as possible, and be in no danger from the multitude. In order to determine these foundations, which are to rest, I say, upon the sole will and power of the council, let us see what foundations of peace are peculiar to monarchy, and unsuited to this form of dominion. For if we substitute for these equivalent foundations fit for an aristocracy, and leave the rest, as they are already laid, we shall have removed without doubt every cause of seditions; or, at least, this kind of dominion will be no less safe than the monarchical, but, on the contrary, so much the more so, and of so much better a condition, as, without danger to peace and liberty, it approaches nearer than monarchy to the absolute (Secs. 3, 6). For the greater the right of the supreme authority, the more the form of dominion agrees with the dictate of reason (Chap. III. Sec. 5 1), and, therefore, the fitter it is to maintain peace and liberty. Let us run through, therefore, the points we stated in our sixth chapter, beginning with the ninth section, that we may reject what is unfit for this kind of dominion, and see what agrees with it.
8. That it is necessary, in the first place, to found and fortify one or more cities, no one can doubt. But that city is above all to be fortified, which is the head of the whole dominion, and also those that are on its frontiers. For that which is the head of the whole dominion, and has the supreme right, ought to be more powerful than the rest. But under this kind of dominion it is quite unnecessary to divide all the inhabitants into clans.
9. As for the military, since under this dominion equality is not to be looked for among all, but between the patricians only, and, in particular, the power of the patricians is greater than that of the commons, it is certain that it makes no difference to the laws or fundamental principles of this dominion, that the military be formed of others besides subjects. 2 But it is of the first importance that no one be admitted into the number of the patricians, that has not a proper knowledge of the art of war. But for the subjects to be excluded, as some would have it, from military service, is surely folly. For besides that the military pay given to subjects remains within the realm, whereas, on the contrary, what is paid to a foreign soldiery is altogether lost, the greatest strength of the dominion is also thereby weakened. For it is certain that those fight with peculiar valour who fight for altar and hearth. Whence, also, it is manifest that those are no less wrong, who lay down that military commanders, tribunes, centurions, etc., should be chosen from among the patricians only. For with what courage will those soldiers fight who are deprived of all hope of gaining glory and advancement? But, on the other hand, to establish a law forbidding the patricians to hire foreign soldiers when circumstances require it, whether to defend themselves, and suppress seditions, or for any other reason, besides being inconsiderate, would also be repugnant to the supreme right of the patricians, concerning which see Secs. 3, 4, 5 of this chapter. But the general of a single army, or of the entire military, is to be chosen but in time of war, and among the patricians only, and is to hold the command for a year at most, without power of being continued therein, or afterwards reappointed. For this law, necessary as it is under a monarchy, is so above all under this kind of dominion. For although it is much easier, as we have said above, to transfer the dominion from one man to another than from a free council to one man; yet it does often happen, that patricians are subdued by their own generals, and that to the much greater harm of the commonwealth. For when a monarch is removed, it is but a change of tyrant, not of the form of dominion; but, under an aristocracy, this cannot happen, without an upsetting of the form of dominion, and a slaughter of the greatest men. Of which thing Rome has offered the most mournful examples. But our reason for saying that, under a monarchy, the militia should serve without pay, is here inapplicable. For since the subjects are excluded from giving their advice or votes, they are to be reckoned as foreigners, and are, therefore, to be hired for service on no worse terms than foreigners. And there is in this case no danger of their being distinguished above the rest by the patricians: nay, further, to avoid the partial judgment which everyone is apt to form of his own exploits, it is wiser for the patricians to assign a fixed payment to the soldiers for their service.
10. Furthermore, for this same reason, that all but the patricians are foreigners, it cannot be without danger to the whole dominion, that the lands and houses and the whole soil should remain public property, and be let to the inhabitants at a yearly rent. For the subjects having no part in the dominion would easily, in bad times, all forsake their cities, if they could carry where they pleased what goods they possess. And, therefore, lands and farms are not to be let, but sold to the subjects, yet on condition that they pay every year an aliquot part of the year's produce, etc., as is done in Holland.
11. These points considered, I proceed to the foundations on which the supreme council should rest and be established. We have shown (Sec. 2) that, in a moderate-sized dominion, this council ought to have about five thousand members. And so we must look for means of preventing the dominion from gradually getting into fewer hands, and of insuring, on the contrary, that the number of members be increased in proportion to the growth of the dominion itself; and, next, that between the patricians, equality be as far as possible maintained; and, further, that there may be speed and expedition in their counsels, and that they tend to the general good; and, lastly, that the power of the patricians or council exceed the power of the multitude, yet so that the multitude suffer no harm thereby.
12. But jealousy causes a great difficulty in maintaining our first point. For men are, as we have said, by nature enemies, so that however they be associated, and bound together by laws, they still retain their nature. And hence I think it is, that democracies change into aristocracies, and these at length into monarchies. For I am fully persuaded that most aristocracies were formerly democracies. For when a given multitude, in search of fresh territories, has found and cultivated them, it retains, as a whole, its equal right of dominion, because no man gives dominion to another spontaneously. But although every one of them thinks it fair, that he should have the same right against another that that other has against him, he yet thinks it unfair, that the foreigners that join them should have equal right in the dominion with themselves, who sought it by their own toil, and won it at the price of their own blood. And this not even the foreigners themselves deny, for, of course, they migrate thither, not to hold dominion, but for the benefit of their own private business, and are quite satisfied if they are but allowed the liberty of transacting that business in safety. But meanwhile the multitude is augmented by the influx of foreigners, who gradually acquire the national manners, until at last they are distinguished by no other difference than that of incapacity to get office; and while their number daily increases, that of the citizens, on the contrary, is by many causes diminished. For families often die out, and some persons are disqualified for their crimes, and a great many are driven by domestic poverty to neglect affairs of state, and meanwhile the more powerful aim at nothing else, but to govern alone; and thus the dominion is gradually limited to a few, and at length by faction to one. And here we might add other causes that destroy dominions of this sort; but as they are well known, I pass them by, and proceed now to state the laws by which this dominion, of which we are treating, ought to be maintained.
13. The primary law of this dominion ought to be that which determines the proportionate numbers of patricians and multitude. For a proportion (Sec. 1) ought to be maintained between the multitude and the patricians, so that with the increase of the former the number of the latter should be raised. And this proportion (in accordance with our remarks in the second section) ought to be about fifty to one, that is, the inequality between the members of each should never be greater. For (Sec. 1) without destroying the form of dominion, the number of patricians may be greater than the number of the multitude. But there is no danger except in the smallness of their number. But how it is to be provided that this law be kept unbroken, I will presently show in its own place.
14. Patricians, in some places, are chosen only out of particular families. But it is ruinous to lay this down expressly by law. For not to mention that families often die out, and that the other families can never be excluded without disgrace, it is also repugnant to the form of this dominion, that the dignity of patrician should be hereditary (Sec. 1). But on this system a dominion seems rather a democracy, such as we have described in Sec. 12, that is in the hands of very few citizens. But, on the other hand, to provide against the patricians choosing their own sons and kinsmen, and thereby against the right of dominion remaining in particular families, is impossible, and indeed absurd, as I shall show (Sec. 39). But provided that they hold that right by no express law, and that the rest (I mean, such as are born within the dominion, and use the vulgar tongue, and have not a foreign wife, and are not infamous, nor servants, nor earning their living by any servile trade, among which are to be reckoned those of a wine-merchant, or brewer) are not excluded, the form of the dominion will, notwithstanding, be retained, and it will be possible to maintain the proportion between the patricians and the multitude.
15. But if it be further by law appointed that no young men be chosen, it will never happen that a few families hold the right of government in their hands. And, therefore, be it by law appointed, that no man that has not reached his thirtieth year be put on the list of candidates.
16. Thirdly, it is next to be ordained, that all the patricians must be assembled at certain fixed times in a particular part of the city, and that whoever does not attend the council, unless he be hindered by illness or some public business, shall be fined some considerable amount. For, were it otherwise, most of them would neglect the public, for the sake of their own private affairs.
17. Let this council's functions be to pass and repeal laws, and to choose their patrician colleagues, and all the ministers of the dominion. For he, that has supreme right, as we have decided that this council has, cannot give to anyone authority to pass and repeal laws, without at the same time abdicating his own right, and transferring it to him, to whom he gives that power. For he, that has but for one day only authority to pass and repeal laws, is able to change the entire form of the dominion. But one can, without forfeiting one's supreme right, temporarily entrust to others the daily business of dominion to be administered according to the established laws. Furthermore, if the ministers of dominion were chosen by any other but this council, then its members would be more properly called wards than patricians.
18. Hence some are accustomed to create for the council a ruler or prince, either for life, as the Venetians, or for a time, as the Genoese; but yet with such great precautions, as make it clear enough, that it is not done without great risk. And assuredly we cannot doubt but that the dominion thereby approaches the monarchical form, and as far as we can conjecture from their histories, it was done for no other reason, than that before the institution of these councils they had lived under a ruler, or doge, as under a king. And so the creation of a ruler is a necessary requisite indeed for the particular nation, but not for the aristocratic dominion considered in itself.
19. But, inasmuch as the supreme authority of this dominion rests with this council as a whole, not with every individual member of it (for otherwise it would be but the gathering of an undisciplined mob), it is, therefore, necessary that all the patricians be so bound by the laws as to form, as it were, one body governed by one mind. But the laws by themselves alone are weak and easily broken, when their vindicators are the very persons who are able to transgress them, and the only ones who are to take warning by the punishment, and must punish their colleagues in order by fear of the same punishment to restrain their own desire: for all this involves a great absurdity. And, therefore, means must be sought to preserve order in this supreme council and keep unbroken the constitution of the dominion, so that yet the greatest possible equality may exist between patricians.
20. But since, from a single ruler or prince, able also to vote in the debates, there must necessarily arise a great inequality, especially on account of the power, which must of necessity be granted him, in order to enable him to discharge his duty in safety; therefore, if we consider the whole matter aright, nothing can be devised more useful to the general welfare than the institution of another council of certain patricians subordinate to the supreme council, whose only duty should be to see that the constitution, as far as it concerns the councils and ministers of the dominion, be kept unbroken, and who should, therefore, have authority to summon to judgment and, in conformity with established law, to condemn any delinquent who, as a minister of the dominion, has transgressed the laws concerning his office. And these patricians we shall hereafter call syndics.
21. And they are to be chosen for life. For, were they to be chosen for a time, so that they should afterwards be eligible for other offices in the dominion, we should fall into the very absurdity which we have just pointed out in the nineteenth section. But lest they should become quite haughty by very long rule, none are to be elected to this office, but those who have reached their sixtieth year or more, and have discharged the duties of senator, of which below.
22. Of these, too, we shall easily determine the number, if we consider that these syndics stand to the patricians in the same relation as the whole body of patricians together does to the multitude, which they cannot govern, if they are fewer than a proper number. And, therefore, the number of the syndics should be to that of patricians as their number is to that of the multitude, that is (Sec. 13), as one to fifty.
23. Moreover, that this council may discharge its functions in security, some portion of the soldiery must be assigned to it, and be subject to its orders.
24. The syndics and other ministers of state are to have no salary, but such emoluments, that they cannot maladminister affairs of state without great loss to themselves. For we cannot doubt that it is fair, that the ministers of this kind of dominion should be awarded a recompense for their time, since the commons are the majority in this dominion, and the patricians look after their safety, while they themselves have no trouble with affairs of state, but only with their own private ones. But since, on the other hand, no man (Chap. VII. Sec. 4) defends another's cause, save in so far as he thereby hopes to establish his own interest, things must, of necessity, be so ordered that the ministers, who have charge of affairs of state, should most pursue their own interest, when they are most watchful for the general good.
25. To the syndics then, whose duty, as we said, it is to see that the constitution is kept unbroken, the following emoluments are to be awarded: namely, that every householder that inhabits any place in the dominion, be bound to pay every year a coin of small value, say a quarter of an ounce of silver, to the syndics, that thus they may know the number of inhabitants, and so observe what proportion of them the patricians constitute; and next that every new patrician on his election must pay the syndics some large sum, for instance, twenty or twenty-five pounds of silver. Moreover, that money, in which the absent patricians (I mean those who have failed to attend the meeting of the council) are condemned, is also to be awarded to the syndics; and a part, too, of the goods of defaulting ministers, who are bound to abide their judgment, and who are fined a certain sum of money, or have their goods confiscated, should be devoted to them, not to all indeed, but to those only who sit daily, and whose duty it is to summon the council of syndics, concerning whom see Sec. 28. But, in order that the council of syndics may always be maintained at its full number, before all other business in the supreme council, when it is assembled at the usual time, inquiry is to be made about this. Which, if the syndics neglect, let it then devolve upon the president of the senate (concerning which we shall soon have occasion to speak), to admonish the supreme council on this head, to demand of the president of the syndics the reason of his silence, and to inquire what is the supreme council's opinion in the matter. But if the president of the senate is likewise silent, let the case be taken up by the president of the supreme court of justice, or if he too is silent by some other patrician, and let him demand an explanation of their silence from the presidents of the senate and the court of justice, as well as from the president of the syndics. Lastly, that that law, whereby young men are excluded, may likewise be strictly observed, it is to be appointed that all who have reached the thirtieth year of their age, and who are not by express law excluded, are to have their names inscribed on a list, in presence of the syndics, and to receive from them, at a fixed price, some sign of the honour conferred on them, namely, that they may be allowed to wear a particular ornament only permitted to them, to distinguish them and make them to be had in honour by the rest; and, at the same time, be it ordained, that in elections none may nominate as patrician anyone whose name is not inscribed on the general list, and that under a heavy penalty. And, further, let no one be allowed to refuse the burden of a duty or office, which he is chosen to bear. Lastly, that all the absolutely fundamental laws of the dominion may be everlasting, it must be ordained that if anyone in the supreme council raise a question about any fundamental law, as of prolonging the command of any general of an army, or of diminishing the number of patricians, or the like, he is guilty of treason, and not only is he to be condemned to death, and his goods confiscated, but some sign of his punishment is to remain visible in public for an eternal memorial of the event. But for the confirming of the other general rights of the dominion, it is enough, if it be only ordained, that no law can be repealed nor new law passed, unless first the college of syndics, and then three-fourths or four-fifths of the supreme council agree thereto.
26. Let the right also of summoning the supreme council and proposing the matters to be decided in it, rest with the syndics, and let them likewise be given the first place in the council, but without the right to vote. But before they take their seats, they must swear by the safety of that supreme council and by the public liberty, that they will strive with the utmost zeal to preserve unbroken the ancient laws. and to consult the general good. After which let them through their secretary open in order the subjects of discussion.
27. But that all the patricians may have equal authority in making decrees and electing the ministers of the dominion, and that speed and expedition in all matters may be possible, the order observed by the Venetians is altogether to be approved, for they appoint by lot a certain number of the council to name the ministers, and when these have named in order the candidates for office, every patrician signifies by ballot his opinion, approving or rejecting the candidate in question, so that it is not afterwards known, who voted in this or that sense. Whereby it is contrived, not only that the authority of all the patricians in the decision is equal, and that business is quickly despatched, but also, that everyone has absolute liberty (which is of the first necessity in councils) to give his opinion without danger of unpopularity.
28. But in the councils of syndics and the other councils, the same order is to be observed, that voting is to be by ballot. But the right of convoking the council of syndics and of proposing the matters to be decided in the same ought to belong to their president, who is to sit every day with ten or more other syndics, to hear the complaints and secret accusations of the commons against the ministers, and to look after the accusers, if circumstances require, and to summon the supreme council even before the appointed time, if any of them judge that there is danger in the delay. Now this president and those who meet with him every day are to be appointed by the supreme council and out of the number of syndics, not indeed for life, but for six months, and they must not have their term renewed but after the lapse of three or four years. And these, as we said above, are to be awarded the goods that are confiscated and the pecuniary fines, or some part of them. The remaining points which concern the syndics we will mention in their proper places.
29. The second council, which is subordinate to the supreme one, we will call the senate, and let its duty be to transact public business, for instance, to publish the laws of the dominion, to order the fortifications of the cities according to law, to confer military commissions, to impose taxes on the subjects and apply the same, to answer foreign embassies, and decide where embassies are to be sent. But let the actual appointment of ambassadors be the duty of the supreme council. For it is of the greatest consequence to see that no patrician be called to any office in the dominion but by the supreme council itself, lest the patricians themselves should try to curry favour with the senate. Secondly, all matters are to be referred to the supreme council, which in any way alter the existing state of things, as the deciding on peace and war. Wherefore, that the senate's decrees concerning peace and war may be valid, they must be confirmed by the supreme council. And therefore I should say, that it belonged to the supreme council only, not to the senate, to impose new taxes.
30. In determining the number of senators these points are to be taken into consideration: first, that all the patricians should have an equal hope of gaining senatorial rank; secondly, that notwithstanding the same senators, whose time (for which they were elected) is elapsed, may be continued after a short interval, that so the dominion may always be governed by skilled and experienced men; and lastly, that among the senators many may be found illustrious for wisdom and virtue. But to secure all these conditions, there can be no other means devised, than that it should be by law appointed, that no one who has not reached his fiftieth year, be received into the number of senators, and that four hundred, that is about a twelfth part of the patricians, be appointed for a year, and that two years after that year has elapsed, the same be capable of re-appointment. For in this manner about a twelfth part of the patricians will be constantly engaged in the duty of senator, with only short intervening periods; and this number surely, together with that made up by the syndics, will be little less than the number of patricians that have attained their fiftieth year. And so all the patricians will always have a great hope of gaining the rank of senator or syndic, and yet notwithstanding, the same patricians, at only short intervals, will always hold senatorial rank, and (according to what we said, Sec. 2) there will never be wanting in the senate distinguished men, excelling in counsel and skill. And because this law cannot be broken without exciting great jealousy on the part of many patricians, it needs no other safeguard for its constant validity, than that every patrician who has reached the age we mentioned, should offer the proof thereof to the syndics, who shall put his name on the list of candidates for the senatorial duties, and read the name before the supreme council, so that he may occupy, with the rest of the same rank, a place set apart in this supreme council for his fellows, next to the place of the senators.
31. The emoluments of the senators should be of such a kind, that their profit is greater from peace than from war. And therefore let there be awarded to them a hundredth or a fiftieth part of the merchandise exported abroad from the dominion, or imported into it from abroad. For we cannot doubt, that by this means they will, as far as they can, preserve peace, and never desire to protract war. And from this duty not even the senators themselves, if any of them are merchants, ought to be exempt; for such an immunity cannot be granted without great risk to trade, as I think no one is ignorant. Nay, on the contrary, it must be by law ordained, that no senator or ex-senator may fill any military post; and further, that no one may be declared general or praetor, which officers we said (Sec. 9) were to be only appointed in time of war, whose father or grandfather is a senator, or has held the dignity of senator within two years. Which laws we cannot doubt, that the patricians outside the senate will defend with all their might: and so it will be the case, that the senators will always have more profit from peace than from war, and will, therefore, never advise war, except the utmost need of the dominion compels them. But it may be objected to us, that on this system, if, that is, syndics and senators are to be allowed so great profits, an aristocracy will be as burdensome to the subjects as any monarchy. But not to mention that royal courts require larger expenditure, and are yet not provided in order to secure peace, and that peace can never be bought too dear; it is to be added, first, that all that under a monarchy is conferred on one or a few, is here conferred upon very many. Next kings and their ministers do not bear the burden of the dominion with the subjects, but under this form of dominion it is just the reverse; for the patricians, who are always chosen from the rich, bear the largest share of the weight of the commonwealth. Lastly, the burdens of a monarchy spring not so much from its king's expenditure, as from its secret policy. For those burdens of a dominion, that are imposed on the citizens in order to secure peace and liberty, great though they be, are yet supported and lightened by the usefulness of peace. What nation ever had to pay so many and so heavy taxes as the Dutch? Yet it not only has not been exhausted, but, on the contrary, has been so mighty by its wealth, that all envied its good fortune. If therefore the burdens of a monarchy were imposed for the sake of peace, they would not oppress the citizens; but, as I have said, it is from the secret policy of that sort of dominion, that the subjects faint under their lord; that is, because the virtue of kings counts for more in time of war than in time of peace, and because they, who would reign by themselves, ought above all to try and have their subjects poor; not to mention other things, which that most prudent Dutchman V. H. 3 formerly remarked, because they do not concern my design, which is only to describe the best state of every kind of dominion.
32. Of the syndics chosen by the supreme council, some should sit in the senate, but without the right of voting, so that they may see whether the laws concerning that assembly be duly observed, and may have the supreme council convoked, when anything is to be referred to it from the senate. For the supreme right of convoking this council, and proposing to it subjects of discussion, is, as we have already said, with the syndics. But before the votes of the contemporaries of the senators be taken, the president of the senate for the time being shall explain the state of affairs, and what the senate's own opinion is on the matter in question, and why; after which the votes shall be collected in the accustomed order.
33. The entire senate ought not to meet every day, but, like all great councils, at a certain fixed time. But as in the mean time the business of the dominion must be executed, it is, therefore, necessary that some part of the senators be chosen, who, on the dismissal of the senate, shall supply its place, and whose duty it shall be to summon the senate itself, when need is; to execute its orders about affairs of state; to read letters written to the senate and supreme council; and, lastly, to consult about the matters to be proposed in the senate. But that all these points, and the order of this assembly, as a whole, may be more easily conceived, I will describe the whole matter more precisely.
34. The senators who, as we have said already, are to be chosen for a year, are to be divided into four or six series, of which let the first have the first seat in the senate for the first three or two months in the year; and at the expiration of this time, let the second series take the place of the first, and so on, observing their turns, so that that series which was first in the first months may be last in the second period. Furthermore, there are to be appointed as many presidents as there are series, and the same number of vice-presidents to fill their places when required — that is, two are to be chosen out of every series, one to be its president, the other its vice-president. And let the president of the first series preside in the senate also, for the first months; or, in his absence, let his vice-president fill his place; and so on with the rest, observing the same order as above. Next, out of the first series, some are to be chosen by vote or lot to fill the place of the senate, when it is dismissed, in conjunction with the president and vice-president of the same series; and that, for the same space of time, as the said series occupies the first place in the senate; and thus, when that time is past, as many are again to be chosen out of the second series, by vote or lot, to fill, in conjunction with their president and vice-president, the place of the first series, and supply the lack of a senate; and so on with the rest. And there is no need that the election of these men — I mean those that I have said are to be chosen for periods of three or two months, by vote or lot — should be made by the supreme council. For the reason which we gave in the twenty-ninth section is not here applicable, much less the reason stated in the seventeenth. It suffices, then, that they be elected by the senate and the syndics present at its meeting.
35. But of these persons we cannot so precisely ascertain the number. However, this is certain, that they must be too numerous to be easily susceptible of corruption. For though they can by themselves determine nothing concerning affairs of state, yet they can delay the senate, or, what would be worst of all, delude it by putting forward matters of no importance, and keeping back those that are of greater — not to mention that, if they were too few, the absence of one or two might delay public business. But as, on the contrary, these consuls are for that very reason appointed, because great councils cannot devote themselves every day to public business, a remedy must be looked for necessarily here, and their inadequacy of number be made up for by the shortness of their term of office. And thus, if only thirteen or so be chosen for two or three months, they will be too many to be corrupted in this short period. And for this cause, also, did I recommend that their successors should by no means be appointed, except at the very time when they do succeed, and the others go away.
36. We have said, that it is also their duty, when any, though few, of them think it needful, to convoke the senate, to put before it the matters to be decided, to dismiss it, and to execute its orders about public business. But I will now briefly state the order in which this ought to be done, so that business may not be long protracted by useless questions. Let, then, the consuls consult about the matter to be proposed in the senate, and what is required to be done; and, if they are all of one mind about it, then let them convoke the senate, and, having duly explained the question, let them set forth what their opinion is, and, without waiting for another's opinion, collect the votes in their order. But if the consuls support more than one opinion, then, in the senate, that opinion is first to be stated on the question proposed, which was supported by the larger number of consuls. And if the same is not approved by the majority of senate and consuls, but the waverers and opponents together are in a majority, which is to be determined by ballot, as we have already mentioned, then let them set forth the second opinion, which had fewer votes than the former among the consuls, and so on with the rest. But if none be approved by a majority of the whole senate, the senate is to be adjourned to the next day, or for a short time, that the consuls meanwhile may see, if they can find other means, that may give more satisfaction. But if they do not succeed in finding other means, or if the majority of the senate refuses to approve such as they have found, then the opinion of every senator is to be heard; and if the majority of the senate also refuses to support any of these, then the votes are to be taken again on every opinion, and not only the affirmative votes, as hitherto, but the doubtful and negative are to be counted. And if the affirmative prove more numerous than the doubtful or negative, then that opinion is to hold good; but, on the contrary, to be lost, if the negative prove more numerous than the doubtful or affirmative. But if on every opinion there is a greater number of doubters than of voters for and against, then let the council of syndics join the senate, and vote with the senators, with only affirmative and negative votes, omitting those that signify a hesitating mind. And the same order is to be observed about matters referred by the senate to the supreme council. So much for the senate.
37. As for the court of justice or bench, it cannot rest upon the same foundations as that which exists under a monarch, as we described it in Chap. VI. Secs. 26, and following. For (Sec. 14) it agrees not with the foundations of our present dominion, that any account be made of families or clans. And there must be a further difference, because judges chosen from the patricians only might indeed be restrained by the fear of their patrician successors, from pronouncing any unjust judgment against any of the patricians, and, perhaps, would hardly have the courage to punish them after their deserts; but they would, on the other hand, dare everything against the commons, and daily carry off the rich among them for a prey. I know that the plan of the Genoese is therefore approved by many, for they choose their judges not among the patricians, but among foreigners. But this seems to me, considering the matter in the abstract, absurdly ordained, that foreigners and not patricians should be called in to interpret the laws. For what are judges but interpreters of the laws? And I am therefore persuaded that herein also the Genoese have had regard rather to the genius of their own race, than to the very nature of this kind of dominion. We must, therefore, by considering the matter in the abstract, devise the means which best agree with the form of this government.
38. But as far as regards the number of the judges, the theory of this constitution requires no peculiar number; but as under monarchical dominion, so under this, it suffices that they be too numerous to be corrupted by a private man. For their duty is but to provide against one private person doing wrong to another, and therefore to decide disputes between private persons, as well patricians as commons, and to exact penalties from delinquents, and even from patricians, syndics, and senators, as far as they have offended against the laws, whereby all are bound. But disputes that may arise between cities that are subject to the dominion, are to be decided in the supreme council.
39. Furthermore the principle regulating the time, for which the judges should be appointed, is the same in both dominions, and also the principle of a certain part of them retiring every year; and, lastly, although it is not necessary for every one of them to be of a different family, yet it is necessary that two related by blood should not sit on the same bench together. And this last point is to be observed also in the other councils, except the supreme one, in which it is enough, if it be only provided by law that in elections no man may nominate a relation, nor vote upon his nomination by another, and also that two relations may not draw lots from the urn for the nomination of any minister of the dominion. This, I say, is sufficient in a council that is composed of so large a number of men, and has no special profits assigned to it. And so utterly unharmed will the dominion be in this quarter, that it is absurd to pass a law excluding from the supreme council the relations of all the patricians, as we said in the fourteenth section. But that it is absurd is manifest. For that law could not be instituted by the patricians themselves, without their thereby all absolutely abdicating their own right, and therefore not the patricians themselves but the commons would defend this law, which is directly contrary to what we proved in Secs. 5 and 6. But that law of the dominion, whereby it is ordained that the same uniform proportion be maintained between the numbers of the patricians and the multitude, chiefly contemplates this end of preserving the patricians' right and power, that is, provides against their becoming too few to be able to govern the multitude.
40. But the judges are to be chosen by the supreme council out of the patricians only, that is (Sec. 17) out of the actual authors of the laws, and the judgments they pass, as well in civil as criminal cases, shall be valid, if they were pronounced in due course of justice and without partiality; into which matter the syndics shall be by law authorized to inquire, and to judge and determine thereof.
41. The judges' emoluments ought to be the same, as we mentioned in the twenty-ninth section of the sixth chapter; namely, that they receive from the losing party upon every judgment which they pass in civil cases, an aliquot part of the whole sum at stake. But as to their sentences in criminal cases, let there be here this difference only, that the goods which they confiscate, and every fine whereby lesser crimes are punished, be assigned to themselves only, yet on this condition, that they may never compel anyone to confess by torture, and thus, precaution enough will be taken against their being unfair to the commons, and through fear too lenient to the patricians. For besides that this fear is tempered by avarice itself, and that veiled under the specious name of justice, they are also numerous, and vote, not openly, but by ballot, so that a man may be indignant at losing his case, but can have no reason to impute it to a particular person. Moreover the fear of the syndics will restrain them from pronouncing an inequitable, or at least absurd sentence, or from acting any of them treacherously, besides that in so large a number of judges there will always be one or two, that the unfair stand in awe of. Lastly, as far as the commons are concerned, they also will be adequately secured if they are allowed to appeal to the syndics, who, as I have said, are by law authorized to inquire, judge, and determine about the conduct of the judges. For it is certain that the syndics will not be able to escape the hatred of the patricians, and on the other hand, will always be most popular with the commons, whose applause they will try as far as they can to bid for. To which end, opportunity being given them, they will not fail to reverse sentences pronounced against the laws of the court, and to examine any judge, and to punish those that are partial, for nothing moves the hearts of a multitude more than this. Nor is it an objection, but, on the contrary, an advantage, that such examples can but rarely occur. For not to mention that that commonwealth is ill ordered where examples are daily made of criminals (as we showed Chap. V. Sec. 2), those events must surely be very rare that are most renowned by fame.
42. Those who are sent as governors to cities and provinces ought to be chosen out of the rank of senators, because it is the duty of senators to look after the fortifications of cities, the treasury, the military, etc. But those, who were sent to somewhat distant regions, would be unable to attend the senate, and, therefore, those only are to be summoned from the senate itself, who are destined to cities founded on their native soil; but those whom they wish to send to places more remote are to be chosen out of those, whose age is consistent with senatorial rank. But not even thus do I think that the peace of the dominion will be sufficiently provided for, that is, if the neighbouring cities are altogether denied the right of vote, unless they are so weak, that they can be openly set at naught, which cannot surely be supposed. And so it is necessary, that the neighbouring cities be granted the right of citizenship, and that from every one of them twenty, or thirty, or forty chosen citizens (for the number should vary with the size of the city) be enrolled among the patricians, out of whom three, four, or five ought to be yearly elected to be of the senate, and one for life to be a syndic. And let those who are of the senate be sent with their syndic, to govern the city out of which they were chosen.
43. Moreover, judges are to be established in every city, chosen out of the patricians of that city. But of these I think it unnecessary to treat at length, because they concern not the foundations of this sort of dominion in particular.
44. In every council the secretaries and other officials of this kind, as they have not the right of voting, should be chosen from the commons. But as these, by their long practice of business, are the most conversant with the affairs to be transacted, it often arises that more deference than right is shown to their advice, and that the state of the whole dominion depends chiefly on their guidance: which thing has been fatal to the Dutch. For this cannot happen without exciting the jealousy of many of the noblest. And surely we cannot doubt, that a senate, whose wisdom is derived from the advice, not of senators, but of officials, will be most frequented by the sluggish, and the condition of this sort of dominion will be little better than that of a monarchy directed by a few counsellors of the king. (See Chap. VI. Secs. 5-7). However, to this evil the dominion will be more or less liable, according as it was well or ill founded. For the liberty of a dominion is never defended without risk, if it has not firm enough foundations; and, to avoid that risk, patricians choose from the commons ambitious ministers, who are slaughtered as victims to appease the wrath of those, who are plotting against liberty. But where liberty has firm enough foundations, there the patricians themselves vie for the honour of defending it, and are anxious that prudence in the conduct of affairs should flow from their own advice only; and in laying the foundations of this dominion we have studied above all these two points, namely, to exclude the commons from giving advice as much as from giving votes (Secs. 3, 4), and, therefore, to place the whole authority of the dominion with the whole body of patricians, but its exercise with the syndics and senate, and, lastly, the right of convoking the senate, and treating of matters affecting the common welfare with consuls chosen from the senate itself. But, if it is further ordained that the secretary, whether in the senate or in other councils, be appointed for four or five years at most, and have attached to him an assistant-secretary appointed for the same period, to bear part of the work during that time, or that the senate have not one, but several secretaries, employed one in one department, and another in another, the power of the officials will never become of any consequence.
45. Treasurers are likewise to be chosen from the commons, and are to be bound to submit the treasury accounts to the syndics as well as to the senate.
46. Matters concerning religion we have set forth at sufficient length in our Theologico-Political Treatise. Yet certain points we then omitted, of which it was not there the place to treat; for instance, that all the patricians must be of the same religion, that is, of that most simple and general religion, which in that treatise we described. For it is above all to be avoided, that the patricians themselves should be divided into sects, and show favour, some to this, and others to that, and thence become mastered by superstition, and try to deprive the subjects of the liberty of speaking out their opinions. In the second place, though everyone is to be given liberty to speak out his opinion, yet great conventicles are to be forbidden. And, therefore, those that are attached to another religion are, indeed, to be allowed to build as many temples as they please; yet these are to be small, and limited to a certain standard of size, and on sites at some little distance one from another. But it is very important, that the temples consecrated to the national religion should be large and costly, and that only patricians or senators should be allowed to administer its principal rites, and thus that patricians only be suffered to baptize, celebrate marriages, and lay on hands, and that in general they be recognized as the priests of the temples and the champions and interpreters of the national religion. But, for preaching, and to manage the church treasury and its daily business, let some persons be chosen from the commons by the senate itself, to be, as it were, the senate's deputies, and, therefore, bound to render it account of everything.
47. And these are points that concern the foundations of this sort of dominion; to which I will add some few others less essential indeed, but yet of great importance. Namely, that the patricians, when they walk, should be distinguished by some special garment, or dress, and be saluted by some special title; and that every man of the commons should give way to them; and that, if any patrician has lost his property by some unavoidable misfortune, he should be restored to his old condition at the public expense; but if, on the contrary, it be proved that he has spent the same in presents, ostentation, gaming, debauchery, &c., or that he is insolvent, he must lose his dignity, and be held unworthy of every honour and office. For he, that cannot govern himself and his own private affairs, will much less be able to advise on public affairs.
48. Those, whom the law compels to take an oath, will be much more cautious of perjury, if they are bidden to swear by the country's safety and liberty and by the supreme council, than if they are told to swear by God. For he who swears by God, gives as surety some private advantage to himself, whereof he is judge; but he, who by his oath gives as surety his country's liberty and safety, swears by what is the common advantage of all, whereof he is not judge, and if he perjures himself, thereby declares that he is his country's enemy.
49. Academies, that are founded at the public expense, are instituted not so much to cultivate men's natural abilities as to restrain them. But in a free commonwealth arts and sciences will be best cultivated to the full, if everyone that asks leave is allowed to teach publicly, and that at his own cost and risk. But these and the like points I reserve for another place. 4 For here I determined to treat only such matters as concern an aristocratic dominion only.
1. Ought not this reference to be to Chap. III. Sec. 6?
2. Cf. Chap. VI. Sec. 10.
3. "This V. H. is Pieter de la Court (1618-85), an eminent publicist, who wrote under the initials D. C. (De la Court), V. H. (Van den Hove, the Dutch equivalent). He was a friend of John de Witt, and opposed to the party of the Statholders." — POLLOCK'S Life and Philosophy of Spinoza, towards end of Chap. X.
4. This promise is not kept by the author, no doubt owing to his not living to finish the work.
Last updated Sunday, March 27, 2016 at 11:59