CHAPTER XLIX.: if cities which from their beginning have enjoyed liberty, like rome, have found difficulties in devising laws that would preserve their liberties, those that have had their origin in servitude find it impossible to succeed in making such laws.

The progress of the Roman republic demonstrates how difficult it is in the constitution of a republic to provide necessary laws for the maintenance of liberty; for notwithstanding the many laws established, first by Romulus, and afterwards by Numa, by Tullus Hostilius, and by Servius, and finally by the Decemvirs created for that purpose, yet fresh necessities constantly developed themselves in the management of the affairs of that city, which made it indispensable to enact new laws.

This was the case when they instituted the Censorship, which was one of the most important provisions that helped to preserve the liberties of Rome, so long as liberty existed there. For the Censors being the supreme arbiters of the manners and customs of the Romans, they became the most potent instrument in retarding the progress of corruption in Rome. But it was a serious mistake to create these Censors for a term of five years, although it was corrected after a brief time by the prudence of the Dictator Mamercus, who by a new law reduced the term of office of that new magistracy to eighteen months; which so irritated the Censors then in office that they deprived Mamercus of the right of entrance into the Senate, which act was much blamed by the people as well as by the patricians. And as history does not inform us whether Mamercus had any remedy against this, we must assume either that history is defective upon this point, or that the Roman laws in that respect were not good; for it is not well that a republic should be constituted in such fashion that a citizen can be oppressed without recourse for having promulgated a law for the benefit of liberty.

But to return to our subject, I say that the institution of this new magistracy gives rise to the reflection, that if a city, which from its origin has enjoyed liberty but has of itself become corrupt, has great difficulties in devising good laws for the maintenance of liberty, it is not to be wondered at if a city that had its origin in servitude finds it, not only difficult, but actually impossible, ever to organize a government that will secure its liberty and tranquillity. This, as will be seen, was the case with the city of Florence, which from her first beginning had been subjected to the Roman Empire, and, having always existed under a foreign government, remained for a long time in this subject condition without ever attempting to free herself. And when afterwards the opportunity occurred for her to gain her liberty in a measure, she began by making a constitution that was a mixture of her old and bad institutions with new ones, and consequently could not be good. And thus she has gone on for the two hundred years of which we have any reliable account, without ever having a government that could really be called a republic. The difficulties which Florence experienced have ever been the same in those cities whose origin was similar to hers. And although Florence repeatedly gave ample authority, by public and free suffrage, to

a few of her citizens to reform the government, yet these never organized it for the general good, but always with the view of benefiting their own party, which, instead of establishing order in the city, only tended to increase the disorders. And to illustrate my argument by some particular instance, I will observe that one of the most important points to be considered by him who wishes to establish a republic is the question in whose hands he shall place the power over the life and death of its citizens. The constitution of Rome was excellent upon this point, for there an appeal to the people was the ordinary practice, and when an important case occurred, where it would have been perilous to delay execution by such an appeal, they had recourse to the Dictator, who had the right of immediate execution; this, however, was resorted to only in cases of extreme necessity. But in Florence, and in other cities who like her had their origin in servitude, the power of life and death was lodged in the hands of a stranger, sent by the prince to exercise that power. When these cities afterwards became free, they left that power in the hands of a foreigner, whom they called “the Captain.” But the facility with which he could be corrupted by the powerful citizens made this a most pernicious system; and in the course of the mutations of their governments that system was changed, and a council of eight citizens was appointed to perform the functions of the Captain; which only made matters worse, for the reason which we have given elsewhere, that a tribunal of a few is always under the control of a few powerful citizens.

Venice knew well how to guard against such an abuse. There the Council of Ten had power to punish any citizen without appeal; but as this number would have been insufficient to punish the powerful, although they had the authority, they established the Council of Forty. Moreover the Council of the Pregadi (which is the highest council) had the power of capital punishment. So that where there was an occasion there was also not wanting a tribunal capable of keeping the most powerful in check. It is no wonder, then, — seeing that even in Rome, where the laws had been made by herself with the aid of her most sagacious citizens, every day fresh occasions arose that made it necessary to have new laws for the protection of liberty, — that in other cities whose beginnings were vicious such difficulties should present themselves as made a proper organization impossible.