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Of the creation of the Decemvirate in Rome, and what therein is to be noted. Wherein among other Matters is shown how the same Causes may lead to the Safety or to the Ruin of a Commonwealth.
It being my desire to treat fully of those disorders which arose in Rome on the creation of the decemvirate, I think it not amiss first of all to relate what took place at the time of that creation, and then to discuss those circumstances attending it which seem most to deserve notice. These are numerous, and should be well considered, both by those who would maintain the liberties of a commonwealth and by those who would subvert them. For in the course of our inquiry it will be seen that many mistakes prejudicial to freedom were made by the senate and people, and that many were likewise made by Appius, the chief decemvir, prejudicial to that tyranny which it was his aim to establish in Rome.
After much controversy and wrangling between the commons and the nobles as to the framing of new laws by which the freedom of Rome might be better secured, Spurius Posthumius and two other citizens were, by general consent, despatched to Athens to procure copies of the laws which Solon had drawn up for the Athenians, to the end that these might serve as a groundwork for the laws of Rome. On their return, the next step was to depute certain persons to examine these laws and to draft the new code. For which purpose a commission consisting of ten members, among whom was Appius Claudius, a crafty and ambitious citizen, was appointed for a year; and that the commissioners in framing their laws might act without fear or favour, all the other magistracies, and in particular the consulate and tribuneship, were suspended, and the appeal to the people discontinued; so that the decemvirs came to be absolute in Rome. Very soon the whole authority of the commissioners came to be centred in Appius, owing to the favour in which he was held by the commons. For although before he had been regarded as the cruel persecutor of the people, he now showed himself so conciliatory in his bearing that men wondered at the sudden change in his character and disposition.
This set of commissioners, then, behaved discreetly, being attended by no more than twelve lictors, walking in front of that decemvir whom the rest put forward as their chief; and though vested with absolute authority, yet when a Roman citizen had to be tried for murder, they cited him before the people and caused him to be judged by them. Their laws they wrote upon ten tables, but before signing them they exposed them publicly, that every one might read and consider them, and if any defect were discovered in them, it might be corrected before they were finally passed. At this juncture Appius caused it to be notified throughout the city that were two other tables added to these ten, the laws would be complete; hoping that under this belief the people would consent to continue the decemvirate for another year. This consent the people willingly gave, partly to prevent the consuls being reinstated, and partly because they thought they could hold their ground without the aid of the tribunes, who, as has already been said, were the judges in criminal cases.
On it being resolved to reappoint the decemvirate, all the nobles set to canvass for the office, Appius among the foremost; and such cordiality did he display towards the commons while seeking their votes, that the other candidates, "unable to persuade themselves that so much affability on the part of so proud a man was wholly disinterested," began to suspect him; but fearing to oppose him openly, sought to circumvent him, by putting him forward, though the youngest of them all, to declare to the people the names of the proposed decemvirs; thinking that he would not venture to name himself, that being an unusual course in Rome, and held discreditable. "But what they meant as a hindrance, he turned to account," by proposing, to the surprise and displeasure of the whole nobility, his own name first, and then nominating nine others on whose support he thought he could depend.
The new appointments, which were to last for a year, having been made, Appius soon let both commons and nobles know the mistake they had committed, for throwing off the mask, he allowed his innate arrogance to appear, and speedily infected his colleagues with the same spirit; who, to overawe the people and the senate, instead of twelve lictors, appointed one hundred and twenty. For a time their measures were directed against high and low alike; but presently they began to intrigue with the senate, and to attack the commons; and if any of the latter, on being harshly used by one decemvir, ventured to appeal to another, he was worse handled on the appeal than in the first instance. The commons, on discovering their error, began in their despair to turn their eyes towards the nobles, "and to look for a breeze of freedom from that very quarter whence fearing slavery they had brought the republic to its present straits." To the nobles the sufferings of the commons were not displeasing, from the hope "that disgusted with the existing state of affairs, they too might come to desire the restoration of the consuls."
When the year for which the decemvirs were appointed at last came to an end, the two additional tables of the law were ready, but had not yet been published. This was made a pretext by them for prolonging their magistracy, which they took measures to retain by force, gathering round them for this purpose a retinue of young noblemen, whom they enriched with the goods of those citizens whom they had condemned. "Corrupted by which gifts, these youths came to prefer selfish licence to public freedom."
It happened that at this time the Sabines and Volscians began to stir up a war against Rome, and it was during the alarm thereby occasioned that the decemvirs were first made aware how weak was their position. For without the senate they could take no warlike measures, while by assembling the senate they seemed to put an end to their own authority. Nevertheless, being driven to it by necessity, they took this latter course. When the senate met, many of the senators, but particularly Valerius and Horatius, inveighed against the insolence of the decemvirs, whose power would forthwith have been cut short, had not the senate through jealousy of the commons declined to exercise their authority. For they thought that were the decemvirs to lay down office of their own free will, tribunes might not be reappointed. Wherefore they decided for war, and sent forth the armies under command of certain of the decemvirs. But Appius remaining behind to govern the city, it so fell out that he became enamoured of Virginia, and that when he sought to lay violent hands upon her, Virginius, her father, to save her from dishonour, slew her. Thereupon followed tumults in Rome, and mutiny among the soldiers, who, making common cause with the rest of the plebeians, betook themselves to the Sacred Hill, and there remained until the decemvirs laid down their office; when tribunes and consuls being once more appointed, Rome was restored to her ancient freedom.
In these events we note, first of all, that the pernicious step of creating this tyranny in Rome was due to the same causes which commonly give rise to tyrannies in cities; namely, the excessive love of the people for liberty, and the passionate eagerness of the nobles to govern. For when they cannot agree to pass some measure favourable to freedom, one faction or the other sets itself to support some one man, and a tyranny at once springs up. Both parties in Rome consented to the creation of the decemvirs, and to their exercising unrestricted powers, from the desire which the one had to put an end to the consular name, and the other to abolish the authority of the tribunes. When, on the appointment of the decemvirate, it seemed to the commons that Appius had become favourable to their cause, and was ready to attack the nobles, they inclined to support him. But when a people is led to commit this error of lending its support to some one man, in order that he may attack those whom it holds in hatred, if he only be prudent he will inevitably become the tyrant of that city. For he will wait until, with the support of the people, he can deal a fatal blow to the nobles, and will never set himself to oppress the people until the nobles have been rooted out. But when that time comes, the people, although they recognize their servitude, will have none to whom they can turn for help.
Had this method, which has been followed by all who have successfully established tyrannies in republics, been followed by Appius, his power would have been more stable and lasting; whereas, taking the directly opposite course, he could not have acted more unwisely than he did. For in his eagerness to grasp the tyranny, he made himself obnoxious to those who were in fact conferring it, and who could have maintained him in it; and he destroyed those who were his friends, while he sought friendship from those from whom he could not have it. For although it be the desire of the nobles to tyrannize, that section of them which finds itself outside the tyranny is always hostile to the tyrant, who can never succeed in gaining over the entire body of the nobles by reason of their greed and ambition; for no tyrant can ever have honours or wealth enough to satisfy them all.
In abandoning the people, therefore, and siding with the nobles, Appius committed a manifest mistake, as well for the reasons above given, as because to hold a thing by force, he who uses force must needs be stronger than he against whom it is used. Whence it happens that those tyrants who have the mass of the people for their friends and the nobles for their enemies, are more secure than those who have the people for their enemies and the nobles for their friends; because in the former case their authority has the stronger support. For with such support a ruler can maintain himself by the internal strength of his State, as did Nabis, tyrant of Sparta, when attacked by the Romans and by the whole of Greece; for making sure work with the nobles, who were few in number, and having the people on his side, he was able with their assistance to defend himself; which he could not have done had they been against him. But in the case of a city, wherein the tyrant has few friends, its internal strength will not avail him for its defence, and he will have to seek aid from without in one of three shapes. For either he must hire foreign guards to defend his person; or he must arm the peasantry, so that they may play the part which ought to be played by the citizens; or he must league with powerful neighbours for his defence. He who follows these methods and observes them well, may contrive to save himself, though he has the people for his enemy. But Appius could not follow the plan of gaining over the peasantry, since in Rome they and the people were one. And what he might have done he knew not how to do, and so was ruined at the very outset.
In creating the decemvirate, therefore, both the senate and the people made grave mistakes. For although, as already explained, when speaking of the dictatorship, it is those magistrates who make themselves, and not those made by the votes of the people, that are hurtful to freedom; nevertheless the people, in creating magistrates ought to take such precautions as will make it difficult for these to become bad. But the Romans when they ought to have set a check on the decemvirs in order to keep them good, dispensed with it, making them the sole magistrates of Rome, and setting aside all others; and this from the excessive desire of the senate to get rid of the tribunes, and of the commons to get rid of the consuls; by which objects both were so blinded as to fall into all the disorders which ensued. For, as King Ferrando was wont to say, men often behave like certain of the smaller birds, which are so intent on the prey to which nature incites them, that they discern not the eagle hovering overhead for their destruction.
In this Discourse then the mistakes made by the Roman people in their efforts to preserve their freedom and the mistakes made by Appius in his endeavour to obtain the tyranny, have, as I proposed at the outset, been plainly shown.
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