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That if Cities which, like Rome, had their beginning in Freedom, have had difficulty in framing such Laws as would preserve their Freedom, Cities which at the first have been in Subjection will find this almost impossible.
How hard it is in founding a commonwealth to provide it with all the laws needed to maintain its freedom, is well seen from the history of the Roman Republic. For although ordinances were given it first by Romulus, then by Numa, afterwards by Tullus Hostilius and Servius, and lastly by the Ten created for the express purpose, nevertheless, in the actual government of Rome new needs were continually developed, to meet which, new ordinances had constantly to be devised; as in the creation of the censors, who were one of the chief means by which Rome was kept free during the whole period of her constitutional government. For as the censors became the arbiters of morals in Rome, it was very much owing to them that the progress of the Romans towards corruption was retarded. And though, at the first creation of the office, a mistake was doubtless made in fixing its term at five years, this was corrected not long after by the wisdom of the dictator Mamercus, who passed a law reducing it to eighteen months; a change which the censors then in office took in such ill part, that they deprived Mamercus of his rank as a senator. This step was much blamed both by the commons and the Fathers; still, as our History does not record that Mamercus obtained any redress, we must infer either that the Historian has omitted something, or that on this head the laws of Rome were defective; since it is never well that the laws of a commonwealth should suffer a citizen to incur irremediable wrong because he promotes a measure favourable to freedom.
But returning to the matter under consideration, we have, in connection with the creation of this new office, to note, that if those cities which, as was the case with Rome, have had their beginning in freedom, and have by themselves maintained that freedom, have experienced great difficulty in framing good laws for the preservation of their liberties, it is little to be wondered at that cities which at the first were dependent, should find it not difficult merely but impossible so to shape their ordinances as to enable them to live free and undisturbed. This difficulty we see to have arisen in the case of Florence, which, being subject at first to the power of Rome and subsequently to that of other rulers, remained long in servitude, taking no thought for herself; and even afterwards, when she could breathe more freely and began to frame her own laws, these, since they were blended with ancient ordinances which were bad, could not themselves be good; and thus for the two hundred years of which we have trustworthy record, our city has gone on patching her institutions, without ever possessing a government in respect of which she could truly be termed a commonwealth.
The difficulties which have been felt in Florence are the same as have been felt in all cities which have had a like origin; and although, repeatedly, by the free and public votes of her citizens, ample authority has been given to a few of their number to reform her constitution, no alteration of general utility has ever been introduced, but only such as forwarded the interests of the party to which those commissioned to make changes belonged. This, instead of order, has occasioned the greatest disorder in our city.
But to come to particulars, I say, that among other matters which have to be considered by the founder of a commonwealth, is the question into whose hands should be committed the power of life and death over its citizens' This was well seen to in Rome, where, as a rule, there was a right of appeal to the people, but where, on any urgent case arising in which it might have been dangerous to delay the execution of a judicial sentence, recourse could be had to a dictator with powers to execute justice at once; a remedy, however, never resorted to save in cases of extremity. But Florence, and other cities having a like origin, committed this power into the hands of a foreigner, whom they styled Captain, and as he was open to be corrupted by powerful citizens this was a pernicious course. Altering this arrangement afterwards in consequence of changes in their government, they appointed eight citizens to discharge the office of Captain. But this, for a reason already mentioned, namely that a few will always be governed by the will of a few and these the most powerful, was a change from bad to worse.
The city of Venice has guarded herself against a like danger. For in Venice ten citizens are appointed with power to punish any man without appeal; and because, although possessing the requisite authority, this number might not be sufficient to insure the punishment of the powerful, in addition to their council of Ten, they have also constituted a council of Forty, and have further provided that the council of the "Pregai," which is their supreme council, shall have authority to chastise powerful offenders. So that, unless an accuser be wanting, a tribunal is never wanting in Venice to keep powerful citizens in check.
But when we see how in Rome, with ordinances of her own imposing, and with so many and so wise legislators, fresh occasion arose from day to day for framing new laws favourable to freedom, it is not to be wondered at that, in other cities less happy in their beginnings, difficulties should have sprung up which no ordinances could remedy.
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