Images de page
PDF
ePub

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. For here I determined to treat only such matters as concern an aristocratic dominion only.

1

This promise is not kept by the author, no doubt owing to his not living to finish the work.

BB

[blocks in formation]

HITHERTO we have considered an aristocracy, so far

as it takes its name from one city, which is the head of the whole dominion. It is now time to treat of that, which is in the hands of more than one city, and which I think preferable to the former. But that we may notice its difference and its superiority, we will pass in review the foundations of dominion, one by one, rejecting those foundations, which are unsuited to the present kind, and laying in their place others for it to rest upon.

2. The cities, then, which enjoy the right of citizenship, must be so built and fortified, that, on the one hand, each city by itself may be unable to subsist without the rest, and that yet, on the other hand, it cannot desert the rest without great harm to the whole dominion. For thus they will always remain united. But cities, which are so constituted, that they can neither maintain themselves, nor be dangerous to the rest, are clearly not independent, but absolutely subject to the rest.

3. But the contents of the ninth and tenth sections of the last chapter are deduced from the general nature of aristocracy, as are also the proportion between the numbers of the patricians and the multitude, and the proper age and condition of those that are to be made patricians; so that on these points no difference can arise, whether the dominion be in the hands of one or more cities. But the supreme council must here be on a different footing. For if any city of the dominion were assigned for the meeting of this supreme council, it would in reality be the head of the dominion; and, therefore, either they would have to take turns, or a place would have to be assigned for this council, that has not the right of citizenship, and belongs

equally to all. But either alternative is as difficult to effect, as it is easy to state; I mean, either that so many thousands of men should have to go often outside their cities, or that they should have to assemble sometimes in one place, sometimes in another.

4. But that we may conclude aright what should be done in this matter, and on what plan the councils of this dominion ought to be formed, from its own very nature and condition, these points are to be considered; namely, that every city has so much more right than a private man, as it excels him in power (Chap. II. Sec. 4), and consequently that every city of this dominion has as much right within its walls, or the limits of its jurisdiction, as it has power; and, in the next place, that all the cities are mutually associated and united, not as under a treaty, but as forming one dominion, yet so that every city has so much more right as against the dominion than the others, as it exceeds the others in power. For he who seeks equality between unequals, seeks an absurdity. Citizens, indeed, are rightly esteemed equal, because the power of each, compared with that of the whole dominion, is of no account. But each city's power constitutes a large part of the power of the dominion itself, and so much the larger, as the city itself is greater. And, therefore, the cities cannot all be held equal. But, as the power of each, so also its right should be estimated by its greatness. The bonds, however, by which they should be bound into one do, minion, are above all a senate and a court of justice (Chap. IV. Sec. 1). But how by these bonds they are all to be so united, that each of them may yet remain, as far as possible, independent, I will here briefly show.

5. I suppose then, that the patricians of every city, who, according to its size, should be more, or fewer (Sec. 3), have supreme right over their own city, and that, in that city's supreme council, they have supreme authority to fortify the city and enlarge its walls, to impose taxes, to pass and repeal laws, and, in general, to do everything which they judge necessary to their city's preservation and increase. But to manage the common business of the dominion, a senate is to be created on just the same footing as we described in the last chapter, so that there be

between this senate and the former no difference, except that this has also authority to decide the disputes, which may arise between cities. For in this dominion, of which no city is head, it cannot be done by the supreme council. (See Chap. VI. Sec. 38.)

6. But, in this dominion, the supreme council is not to be called together, unless there is need to alter the form of the dominion itself, or on some difficult business, to which the senators shall think themselves unequal; and so it will very rarely happen, that all the patricians are summoned to council. For we have said (Chap. VIII. Sec. 17), that the supreme council's function is to pass and repeal laws, and to choose the ministers of the dominion. But the laws, or general constitution of the whole dominion, ought not to be changed as soon as instituted. If, however, time and occasion suggest the institution of some new law or the change of one already ordained, the question may first be discussed in the senate, and after the agreement of the senate in the matter, then let envoys next be sent to the cities by the senate itself, to inform the patricians of every city of the opinion of the senate, and lastly, if the majority of the cities follow that opinion, it shall then remain good, but otherwise be of no effect. And this same order may be observed in choosing the generals of the army and the ambassadors to be sent to other realms, as also about decrees concerning the making of war or accepting conditions of peace. But in choosing the other public officials, since (as we showed in Sec. 4) every city, as far as can be, ought to remain independent, and to have as much more right than the others in the dominion, as it exceeds them in power, the following order must necessarily be observed. The senators are to be chosen by the patricians of each city; that is, the patricians of one city are to elect in their own council a fixed number of senators from their colleagues of their own city, which number is to be to that of the patricians of that city as one to twelve (Chap. VIII. Sec. 30); and they are to designate whom they will to be of the first, second, third, or other series; and in like manner the patricians of the other cities, in proportion to their number, are to choose more or fewer senators, and distribute them among the series, into a certain number of

which we have said the senate is to be divided. (Chap. VIII. Sec. 34.) By which means it will result, that in every series of senators there will be found senators of every city, more or fewer, according to its size. But the presidents and vice-presidents of the series, being fewer in number than the cities, are to be chosen by lot by the senate out of the consuls, who are to be appointed first. The same order is to be maintained in appointing the supreme judges of the dominion, namely, that the patricians of every city are to elect from their colleagues in proportion to their number more or fewer judges. And so it will be the case, that every city in choosing officials will be as independent as possible, and that each, in proportion to its power, will have the more right alike in the senate and the court of justice; supposing, that is, that the order observed by senate and court in deciding public affairs, and settling disputes is such in all respects, as we have described it in the thirty-third and thirty-fourth sections of the last chapter.1

7. Next, the commanders of battalions and military tribunes are also to be chosen from the patricians. For as it is fair, that every city in proportion to its size should be bound to levy a certain number of soldiers for the general safety of the whole dominion, it is also fair, that from the patricians of every city in proportion to the number of regiments, which they are bound to maintain, they may appoint so many tribunes, captains, ensigns, etc., as are needed to discipline that part of the military, which they supply to the dominion.

8. No taxes are to be imposed by the senate on the subjects; but to meet the expenditure, which by decree of the senate is necessary to carry on public business, not the subjects, but the cities themselves are to be called to assessment by the senate, so that every city, in proportion to its size, should pay a larger or smaller share of the expense. And this share indeed is to be exacted by the patricians of every city from their own citizens in what way they please, either by compelling them to an assessment, or, as is much fairer, by imposing taxes on them.

So the text: but the court of justice is not described till the thirtyseventh and following sections of Chap. VIIL

« PrécédentContinuer »