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That to give new Institutions to a Commonwealth, or to reconstruct old Institutions on an entirely new basis, must be the work of one Man.
It may perhaps be thought that I should not have got so far into the history of Rome, without some mention of those who gave that city its institutions, and saying something of these institutions themselves, so far as they relate to religion and war. As I have no wish to keep those who would know my views on these matters in suspense, I say at once, that to many it might seem of evil omen that the founder of a civil government like Romulus, should first have slain his brother, and afterwards have consented to the death of Titus Tatius the Sabine, whom he had chosen to be his colleague in the kingship; since his countrymen, if moved by ambition and lust of power to inflict like injuries on any who opposed their designs, might plead the example of their prince. This view would be a reasonable one were we to disregard the object which led Romulus to put those men to death. But we must take it as a rule to which there are very few if any exceptions, that no commonwealth or kingdom ever has salutary institutions given it from the first or has its institutions recast in an entirely new mould, unless by a single person. On the contrary, it must be from one man that it receives its institutions at first, and upon one man that all similar reconstruction must depend. For this reason the wise founder of a commonwealth who seeks to benefit not himself only, or the line of his descendants, but his State and country, must endeavour to acquire an absolute and undivided authority. And none who is wise will ever blame any action, however extraordinary and irregular, which serves to lay the foundation of a kingdom or to establish a republic. For although the act condemn the doer, the end may justify him; and when, as in the case of Romulus, the end is good, it will always excuse the means; since it is he who does violence with intent to injure, not he who does it with the design to secure tranquility, who merits blame. Such a person ought however to be so prudent and moderate as to avoid transmitting the absolute authority he acquires, as an inheritance to another; for as men are, by nature, more prone to evil than to good, a successor may turn to ambitious ends the power which his predecessor has used to promote worthy ends. Moreover, though it be one man that must give a State its institutions, once given they are not so likely to last long resting for support on the shoulders of one man only, as when entrusted to the care of many, and when it is the business of many to maintain them. For though the multitude be unfit to set a State in order, since they cannot, by reason of the divisions which prevail among them, agree wherein the true well-being of the State lies, yet when they have once been taught the truth, they never will consent to abandon it. And that Romulus, though he put his brother to death, is yet of those who are to be pardoned, since what he did was done for the common good and not from personal ambition, is shown by his at once creating a senate, with whom he took counsel, and in accordance with whose voice he determined. And whosoever shall well examine the authority which Romulus reserved to himself, will find that he reserved nothing beyond the command of the army when war was resolved on, and the right to assemble the senate. This is seen later, on Rome becoming free by the expulsion of the Tarquins, when the Romans altered none of their ancient institutions save in appointing two consuls for a year instead of a king for life; for this proves that all the original institutions of that city were more in conformity with a free and constitutional government, than with an absolute and despotic one.
In support of what has been said above, I might cite innumerable instances, as of Moses, Lycurgus, Solon, and other founders of kingdoms and commonwealths, who, from the full powers given them, were enabled to shape their laws to the public advantage; but passing over these examples, as of common notoriety, I take one, not indeed so famous, but which merits the attention of all who desire to frame wise laws. Agis, King of Sparta, desiring to bring back his countrymen to those limits within which the laws of Lycurgus had held them, because he thought that, from having somewhat deviated from them, his city had lost much of its ancient virtue and, consequently much of its strength and power, was, at the very outset of his attempts, slain by the Spartan Ephori, as one who sought to make himself a tyrant. But Cleomenes coming after him in the kingdom, and, on reading the notes and writings which he found of Agis wherein his designs and intentions were explained, being stirred by the same desire, perceived that he could not confer this benefit on his country unless he obtained sole power. For he saw that the ambition of others made it impossible for him to do what was useful for many against the will of a few. Wherefore, finding fit occasion, he caused the Ephori and all others likely to throw obstacles in his way, to be put to death; after which, he completely renewed the laws of Lycurgus. And the result of his measures would have been to give fresh life to Sparta, and to gain for himself a renown not inferior to that of Lycurgus, had it not been for the power of the Macedonians and the weakness of the other Greek States. For while engaged with these reforms, he was attacked by the Macedonians, and being by himself no match for them, and having none to whom he could turn for help, he was overpowered; and his plans, though wise and praiseworthy, were never brought to perfection.
All which circumstances considered, I conclude that he who gives new institutions to a State must stand alone; and that for the deaths of Remus and Tatius, Romulus is to be excused rather than blamed.
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