Part 4 (2/2)

The most useful and necessary authority that can be granted to inst.i.tutions entrusted with the protection of the republic's liberty is the ability of indicting publicly or before some magistrate or council, citizens who in some way have offended the public. Such inst.i.tutions have two very useful results. First, citizens, out of fear of being indicted, will not attempt anything against the state; if they do, they are immediately persecuted regardless of who they are. Second, it is a way to provide an outlet for the humors that arise in different ways within cities against particular citizens. When these humors do not have a lawful outlet they seek one that is unlawful, which can bring the whole state to ruin. Therefore, nothing makes a republic more stable and firm than to be set up so that the change in such humors that agitate it have an outlet that is regulated by the laws.

This can be demonstrated by many examples, but best of all by what Livy writes of Coriola.n.u.s.30 The Roman n.o.bility had been angered because in their view the plebeians had too much power through the creation of the tribunes, who protected them. At that time there was a great scarcity of provisions in Rome, and while the Senate had sent to Sicily for grain, Coriola.n.u.s, who was hostile to the popular faction, advised that the time had come to punish the plebeians and take back the authority that they had seized from the n.o.bility. The plebeians, Coriola.n.u.s advised, should be kept hungry, and the grain should not be distributed among them. When this reached the ears of the populace, such anger flared up against Coriola.n.u.s that the crowd would have lynched him as he came out of the Senate had the tribunes not summoned him to argue his case. This incident reinforces what I have said above: How useful and necessary it is for the laws of a republic to provide an outlet for the anger that the ma.s.ses feel toward a single citizen. When these legal means do not exist, the ma.s.ses will resort to illegal means, which without doubt have far worse results than the former. The Roman n.o.bility had been angered because in their view the plebeians had too much power through the creation of the tribunes, who protected them. At that time there was a great scarcity of provisions in Rome, and while the Senate had sent to Sicily for grain, Coriola.n.u.s, who was hostile to the popular faction, advised that the time had come to punish the plebeians and take back the authority that they had seized from the n.o.bility. The plebeians, Coriola.n.u.s advised, should be kept hungry, and the grain should not be distributed among them. When this reached the ears of the populace, such anger flared up against Coriola.n.u.s that the crowd would have lynched him as he came out of the Senate had the tribunes not summoned him to argue his case. This incident reinforces what I have said above: How useful and necessary it is for the laws of a republic to provide an outlet for the anger that the ma.s.ses feel toward a single citizen. When these legal means do not exist, the ma.s.ses will resort to illegal means, which without doubt have far worse results than the former.

When a citizen is punished by legal means, even if he is wronged, little or no unrest follows, because the law is enforced without private or foreign forces that ruin the state's freedom. Order is upheld with public forces and laws that have precise boundaries, which they do not transgress and so ruin the state. I feel that the example of Coriola.n.u.s from ancient times should suffice, as anyone can judge what harm would have befallen the Roman Republic had he been lynched in a riot. Once private citizens harm other private citizens, the harm generates fear, and fear seeks defense, for which partisans are secured, who then cause factions in states, and factions lead to the destruction of these states. But as the matter has been mediated by those who have public authority, all the harm that might have come from controlling it with private authority falls away.

We have seen in our own times the disorder that ensued in the Florentine Republic when the mult.i.tude could not vent its anger against one of its citizens within the boundaries of the law, as happened in the era when Francesco Valori ruled the city like a prince.31 Many in Florence saw him as a man of unbridled ambition who strove to transcend the law through audacity and violence, but there was no way to resist him except by starting a faction that would oppose his. As he had nothing to fear unless illegal steps were taken against him, he began surrounding himself with supporters. In the meantime, those who opposed him had no legal means of countering him, and so they turned to illegal means, finally resorting to arms. Had they been able to oppose him with legal means, his authority would have been destroyed with harm done to him alone, but having to destroy his authority by illegal means, his opponents did harm not only to him, but also to many outstanding citizens. In support of this conclusion I could also add another incident that occurred in Florence, involving Piero Soderini. Many in Florence saw him as a man of unbridled ambition who strove to transcend the law through audacity and violence, but there was no way to resist him except by starting a faction that would oppose his. As he had nothing to fear unless illegal steps were taken against him, he began surrounding himself with supporters. In the meantime, those who opposed him had no legal means of countering him, and so they turned to illegal means, finally resorting to arms. Had they been able to oppose him with legal means, his authority would have been destroyed with harm done to him alone, but having to destroy his authority by illegal means, his opponents did harm not only to him, but also to many outstanding citizens. In support of this conclusion I could also add another incident that occurred in Florence, involving Piero Soderini.32 This, too, came about solely because there were no inst.i.tutions in the republic through which one could indict the ruthless ambition of powerful citizens, as it is not sufficient to indict a powerful citizen before eight judges in a republic: This, too, came about solely because there were no inst.i.tutions in the republic through which one could indict the ruthless ambition of powerful citizens, as it is not sufficient to indict a powerful citizen before eight judges in a republic:33 There have to be many judges, because the few always look out for the interests of the few. Had such inst.i.tutions existed, the citizens could have indicted Soderini if he had comported himself badly, and so have given vent to their anger without calling in the Spanish army; and had Soderini not comported himself badly, the citizens would not have dared indict him, out of fear of ending up indicted themselves. This way, the forces that were the occasion for the scandal would have been removed. There have to be many judges, because the few always look out for the interests of the few. Had such inst.i.tutions existed, the citizens could have indicted Soderini if he had comported himself badly, and so have given vent to their anger without calling in the Spanish army; and had Soderini not comported himself badly, the citizens would not have dared indict him, out of fear of ending up indicted themselves. This way, the forces that were the occasion for the scandal would have been removed.

It can therefore be concluded that whenever we see a faction in a city calling in foreign forces, we can be certain that this arises from the city's bad system, which has no inst.i.tutions within its walls providing a legal outlet for the malignant humors that arise in man. This problem can be fully antic.i.p.ated by establis.h.i.+ng a system of bringing indictments before a large number of judges and giving these indictments weight. In Rome this system was so well set up that in the many conflicts between the plebeians and the Senate, neither the Senate nor the plebeians nor any private citizen ever considered using foreign forces. They had the remedy at home, and so were not compelled to seek it abroad.

Though the examples I have cited furnish ample proof of this, I would like to add another that Livy relates in his Histories Histories. In Chiusi, the foremost city of Etruria in those days, a chief magistrate raped one of the sisters of a certain Arunte, who, unable to avenge himself because of the rank and position of the rapist, turned to the Gauls, who were ruling present-day Lombardy, and encouraged them to come to Chiusi with their army arguing that they could avenge him to their advantage.34 Had Arunte been able to avenge himself through the inst.i.tutions of the city he would not have sought the help of the barbarian forces. But as useful as such indictments are in a republic, false accusations are harmful, as I shall discuss in the following chapter. Had Arunte been able to avenge himself through the inst.i.tutions of the city he would not have sought the help of the barbarian forces. But as useful as such indictments are in a republic, false accusations are harmful, as I shall discuss in the following chapter.

30. Gaius Marcius Coriola.n.u.s is a legendary figure believed to have lived in the fifth century Gaius Marcius Coriola.n.u.s is a legendary figure believed to have lived in the fifth century BCE BCE. Livy describes this episode in Book II, chapters 3335.31. Francesco Valori was one of the main political figures involved in the ousting of the Medici from Florence and the restoration of a republican government influenced by the ideas of the radical Dominican prior Girolamo Savonarola. Valori was murdered shortly before Savonarola's execution in 1498. Francesco Valori was one of the main political figures involved in the ousting of the Medici from Florence and the restoration of a republican government influenced by the ideas of the radical Dominican prior Girolamo Savonarola. Valori was murdered shortly before Savonarola's execution in 1498.32. In 1502 Piero Soderini had been elected Gonfalonier for life in Florence, but in 1512 he was deposed by the Medici with the help of a Spanish army. Soderini had been Machiavelli's patron. In 1502 Piero Soderini had been elected Gonfalonier for life in Florence, but in 1512 he was deposed by the Medici with the help of a Spanish army. Soderini had been Machiavelli's patron.33. Otto di guardia Otto di guardia, eight Florentine magistrates who administered justice.34. In fact Livy (Book V, chapter 33) writes: ”Arruns's wife had been seduced by an Etruscan prince whose tutor Arruns was. But since the prince was an influential young man, Arruns could not get justice without seeking help from abroad. In revenge, he led the Gauls across the Alps and encouraged them to attack Clusium.” In fact Livy (Book V, chapter 33) writes: ”Arruns's wife had been seduced by an Etruscan prince whose tutor Arruns was. But since the prince was an influential young man, Arruns could not get justice without seeking help from abroad. In revenge, he led the Gauls across the Alps and encouraged them to attack Clusium.”

CHAPTER EIGHT.

AS USEFUL AS PUBLIC INDICTMENTS ARE TO STATES, FALSE ACCUSATIONS ARE HARMFUL.

Furius Camillus's brilliance in liberating Rome from the oppression of the Gauls35 made the Roman citizens cede to him without feeling that they were losing standing or rank. Manlius Capitolinus, however, could not bear to see such honor and glory awarded to Furius Camillus. He himself had saved the Capitol, and felt that he had done as much for the protection of Rome as Camillus had, and that he was in no way inferior to him in feats of military glory. He was filled with envy and rankled by Camillus's glory. As Manlius Capitolinus could not sow discord among the senators, he turned to the plebeians, spreading dark rumors, including one that the treasure that had been gathered for the Gauls, but then had not been given to them, had been seized by private citizens: If this treasure could be regained, it could be used for the public good, relieving the plebeians of taxes or private debts. made the Roman citizens cede to him without feeling that they were losing standing or rank. Manlius Capitolinus, however, could not bear to see such honor and glory awarded to Furius Camillus. He himself had saved the Capitol, and felt that he had done as much for the protection of Rome as Camillus had, and that he was in no way inferior to him in feats of military glory. He was filled with envy and rankled by Camillus's glory. As Manlius Capitolinus could not sow discord among the senators, he turned to the plebeians, spreading dark rumors, including one that the treasure that had been gathered for the Gauls, but then had not been given to them, had been seized by private citizens: If this treasure could be regained, it could be used for the public good, relieving the plebeians of taxes or private debts.36 These words had a great effect on the plebeians, and they began causing turmoil in the city. The Senate saw the gravity of the situation and elected a dictator to look into the matter and put a stop to the violence that Manlius was unleas.h.i.+ng. The dictator immediately summoned him to be confronted before the public, the dictator standing among the n.o.bles, Manlius among the plebeians. He ordered Manlius to reveal who, according to him, had seized that treasure, since the Senate was as eager to know as the plebeians. Manlius evaded the question, saying that there was no need for him to inform the Senate of what it already knew. As a result, the dictator had him imprisoned. These words had a great effect on the plebeians, and they began causing turmoil in the city. The Senate saw the gravity of the situation and elected a dictator to look into the matter and put a stop to the violence that Manlius was unleas.h.i.+ng. The dictator immediately summoned him to be confronted before the public, the dictator standing among the n.o.bles, Manlius among the plebeians. He ordered Manlius to reveal who, according to him, had seized that treasure, since the Senate was as eager to know as the plebeians. Manlius evaded the question, saying that there was no need for him to inform the Senate of what it already knew. As a result, the dictator had him imprisoned.

It is to be noted from this incident from Livy how detestable false accusations are in free states or in any other form of society, and that no legislation to repress such false accusations should be neglected. In fact, there is no better system for eliminating false accusations than providing ample opportunity for public indictments, because just as indictments are beneficial to a state, false accusations are harmful. The difference between the two types is that false accusations need neither witnesses nor proof to substantiate them: Anybody can falsely accuse anybody else, but not everyone can be lawfully indicted, as public indictments need proof and circ.u.mstances that demonstrate the truth of the charge. Men are publicly indicted before magistrates, the people, and the councils, while they are falsely accused in town squares and market stalls. Calumny is more common where there are fewer opportunities for public indictments and where the states are not as well set up to receive them in their judicature. Therefore, a founder of a state must plan the legislature in such a way that any citizen can indict any other citizen without fear or deference to rank, and once the charges have been made and have been carefully looked into, false accusers must be severely punished. And the false accuser cannot complain if he is punished, as he could have made his accusations by lawful means rather than in spreading calumnies in market squares. Whenever this system is not well set up, clashes and disorder always follow, because calumnies provoke but do not punish citizens, and the provoked have their minds set on retaliation, as they hate rather than fear the things being said against them.

As I have already mentioned, the system of public indictment was set up well in Rome, but badly here in Florence. And just as in Rome this inst.i.tution did much good, in Florence its absence did much harm. Whoever reads the history of Florence will see how much calumny in every era was perpetrated on those of its citizens who were employed in the important affairs of the city. Of one man they said that he had stolen money from the state, of another that he had been unsuccessful in a military campaign because he had been bribed, and that another had done this or that misdeed out of ruthless ambition. Hatred surged from all sides, leading to division; division led to factions, and factions led to ruin. Had there been inst.i.tutions in Florence for bringing indictments against citizens and punis.h.i.+ng false accusers, the infinite scandals would not have continued. Those citizens who were either condemned or acquitted would not have been able to harm the city, and there would have been fewer men indicted than falsely accused, for it is easier, as I have said, to accuse a man falsely than to indict him officially. Among the devices used by a citizen to achieve greatness have been calumnies, for leveling false accusations against powerful citizens who have opposed a man's appet.i.te for power can be very effective. When the false accuser takes the part of the populace, and confirms their bad opinion of the powerful citizen, he wins them to his side. I could cite many examples, but will limit myself to one. The Florentine army was on a campaign against the city of Lucca under the command of Giovanni Guicciardini, who was its commissary37 Lucca did not fall, either because of Guicciardini's bad leaders.h.i.+p or his bad fortune, and yet, whichever the case might have been, he was held culpable, as it was said that he had been bribed by the Luccans. This calumny was promoted by his enemies and almost drove Guicciardini to the brink of desperation. Lucca did not fall, either because of Guicciardini's bad leaders.h.i.+p or his bad fortune, and yet, whichever the case might have been, he was held culpable, as it was said that he had been bribed by the Luccans. This calumny was promoted by his enemies and almost drove Guicciardini to the brink of desperation.38 He put himself in the hands of the Captain of the People in order to clear his name, He put himself in the hands of the Captain of the People in order to clear his name,39 but even so, he never managed to clear himself entirely, as there was no system in Florence for him to do this. Much indignation resulted among Guicciardini's friends, who were for the most part men of great influence and wanted to bring about a change in Florence. This incident, along with others like it, grew to such an extent that the ruin of the republic ensued. but even so, he never managed to clear himself entirely, as there was no system in Florence for him to do this. Much indignation resulted among Guicciardini's friends, who were for the most part men of great influence and wanted to bring about a change in Florence. This incident, along with others like it, grew to such an extent that the ruin of the republic ensued.

Hence Manlius Capitolinus was a false accuser, and not a legitimate one, and in his case the Romans demonstrated precisely how false accusers must be punished. Calumniators have to be turned into public accusers, and where the accusation proves to be true, either they must not be punished or they must be recompensed, but in cases where the accusation proves false, they must be punished in the way Manlius was.

35. Marcus Furius Camillus (d. 365 Marcus Furius Camillus (d. 365 BCE BCE) was a Roman general, statesman, and five-time dictator of Rome. His greatest triumph was the conquest of the Etruscan city of Veii (also discussed in chapter 55 below). Later Romans celebrated him as the second founder of Rome after the Gauls sacked the city in 396 BCE BCE. Machiavelli is discussing the events described by Livy in Book VI.36. Livy (Book VI, chapter 14) writes: ”[Manlius] delivered speeches in his house as if he were haranguing the Senate. Unconcerned about truth or falsehood, he insinuated that the treasure that had been collected for the Gauls had been sequestered by the senators, who were not content with seizing public lands, but also wanted to embezzle public funds. With this treasure the populace could be freed of its debts.” See also chapter 24, in which Machiavelli further discusses Manlius Capitolinus's sedition. Livy (Book VI, chapter 14) writes: ”[Manlius] delivered speeches in his house as if he were haranguing the Senate. Unconcerned about truth or falsehood, he insinuated that the treasure that had been collected for the Gauls had been sequestered by the senators, who were not content with seizing public lands, but also wanted to embezzle public funds. With this treasure the populace could be freed of its debts.” See also chapter 24, in which Machiavelli further discusses Manlius Capitolinus's sedition.37. Giovanni Guicciardini (c. 13851435) was the commissary of the Florentine army that attacked Lucca in 1430, which at the time was under the rule of Pagolo Guinigi, who is mentioned in pa.s.sing in Giovanni Guicciardini (c. 13851435) was the commissary of the Florentine army that attacked Lucca in 1430, which at the time was under the rule of Pagolo Guinigi, who is mentioned in pa.s.sing in The Life of Castruccio Castracani: The Life of Castruccio Castracani: ”Lucca, which remained under his family's rule [the Guinigi] until the reign of his great-great-grandson Pagolo.” ”Lucca, which remained under his family's rule [the Guinigi] until the reign of his great-great-grandson Pagolo.”38. Giovanni Guicciardini was an opponent of the faction of Cosimo de' Medici, who was exiled in 1433 but managed to seize power again the following year. Giovanni Guicciardini was an opponent of the faction of Cosimo de' Medici, who was exiled in 1433 but managed to seize power again the following year.39. The Capitano del Popolo was the magistracy in charge of leading the military forces of the populace and ensuring that justice was done to wronged members. The Capitano del Popolo was the magistracy in charge of leading the military forces of the populace and ensuring that justice was done to wronged members.

CHAPTER NINE.

ON THE NECESSITY TO ACT ALONE IF ONE WISHES TO FOUND A STATE OR ENTIRELY REFORM ITS OLD INSt.i.tUTIONS.

Some might argue that I have gone too deeply into Roman history without having yet discussed its founders or military and religious inst.i.tutions. As I do not want to keep in suspense any readers who wish to hear something about this, I will first say that many might judge it a bad example that a founder of a state, such as Romulus, would first have killed his brother, and then consented to the death of t.i.tus Tatius, the Sabine, whom he had chosen as co-ruler of the Kingdom of Rome.40 The reader will judge from this that the citizens of such a state might follow the example of their prince and harm those who oppose their own ambition and desire for power. This opinion would be correct, if one did not consider the aim that led Romulus to these murders. The reader will judge from this that the citizens of such a state might follow the example of their prince and harm those who oppose their own ambition and desire for power. This opinion would be correct, if one did not consider the aim that led Romulus to these murders.

It is a general rule that rarely, if ever, has a republic or kingdom been set up well from the beginning, or had its old inst.i.tutions entirely reformed, unless this was done by a single man. In fact, it is necessary that one man alone give it form. Its organization must depend entirely on his ideas. But the prudent organizer of a republic who does not seek to benefit himself but rather the people, not his own heirs but his whole state, must do his utmost to keep all the power to himself. Nor will a wise man ever reproach him for acting outside the law in order to set up a kingdom or establish a republic. While his actions might accuse him, the result excuses him, and when the result is good, as it was in the case of Romulus, the result will always justify his actions. Only the man who is violent in order to ruin things should be reproached, not the man who is violent in seeking to repair things. The founder of a state must be prudent and skillful enough not to leave his power for another to inherit, because as men are more p.r.o.ne to evil than to good, his successor might use with greed what the founder used with skill. A single man might be capable of establis.h.i.+ng a state, but the state established tends not to last long if it remains on the shoulders of one man, while it does last when it remains under the control of many and relies on many to maintain it. For just as many men are not able to establish something from the start, as they are unable to recognize the good in it since they all hold conflicting opinions, once they do recognize the good they will not let go of it. It is clear that Romulus was one ruler who deserves to be pardoned for the death of his brother and his co-ruler. What he did was for the common good and not for his own ambition, as he immediately set up a senate which he always consulted, making decisions with the senate's views in mind. If one weighs the authority that Romulus reserved for himself, one sees that he only kept for himself the power to command the armies when war had been declared, and to convene the senate. This was apparent when Rome became free after the Tarquins41 were driven out and the Romans did not reform any of the old inst.i.tutions, except that in place of a king for life there were two annual consuls. This proves that all the original inst.i.tutions of Rome were more fitting for a free state than an absolute and tyrannical one. were driven out and the Romans did not reform any of the old inst.i.tutions, except that in place of a king for life there were two annual consuls. This proves that all the original inst.i.tutions of Rome were more fitting for a free state than an absolute and tyrannical one.

One could give countless examples to support the matters I have written about above, such as Moses, Lycurgus, Solon, and other founders of kingdoms and republics, who could make laws for the common good because they had seized absolute power. But I would like to pa.s.s over them, as they are well known, and put forward only one, not so renowned, but worthy of consideration by those who might wish to be the legislators of good laws. Agis, King of Sparta, wanted to return the Spartans to the boundaries that the laws of Lycurgus had set for them, for it seemed to him that they had deviated from these laws, and that Sparta had consequently lost much of its ancient prowess, and also strength and power. But the Spartan ephors42 killed Agis during his initial endeavors, since they perceived him to be a man who wanted to establish a tyranny. But Cleomenes became king after him, and he was resolved to follow Agis's example, after he found Agis's memoirs and writings in which his thoughts and intentions were clearly described. Cleomenes, too, realized that he could not help Sparta if he did not become the sole authority. He recognized that men being ambitious, he would not be able to do good for the many against the will of the few. Waiting for an opportune moment, he had all the ephors killed, and anyone else who might oppose him. Then he reformed all the laws of Lycurgus. This decision would have resuscitated Sparta and afforded Cleomenes a reputation comparable to that of Lycurgus had there not been the power of the Macedonians and the weakness of the other Greek states. After Cleomenes's reforms, the Macedonians attacked, and as he was inferior in strength and finding himself without allies, he was defeated. And so his design, though just and praiseworthy, remained incomplete. killed Agis during his initial endeavors, since they perceived him to be a man who wanted to establish a tyranny. But Cleomenes became king after him, and he was resolved to follow Agis's example, after he found Agis's memoirs and writings in which his thoughts and intentions were clearly described. Cleomenes, too, realized that he could not help Sparta if he did not become the sole authority. He recognized that men being ambitious, he would not be able to do good for the many against the will of the few. Waiting for an opportune moment, he had all the ephors killed, and anyone else who might oppose him. Then he reformed all the laws of Lycurgus. This decision would have resuscitated Sparta and afforded Cleomenes a reputation comparable to that of Lycurgus had there not been the power of the Macedonians and the weakness of the other Greek states. After Cleomenes's reforms, the Macedonians attacked, and as he was inferior in strength and finding himself without allies, he was defeated. And so his design, though just and praiseworthy, remained incomplete.43 Having considered all these things, I conclude that in setting up a republic it is necessary to act alone, and that Romulus deserves pardon, not blame, for the deaths of Remus and t.i.tus Tatius.

40. Livy (Book I, chapter 14) writes: ”Romulus is said to have been less distressed at [Tatius's murder] than he should have been, either because of the suspicion inherent in joint sovereignty, or because he thought that Tatius had deserved his fate.” Livy (Book I, chapter 14) writes: ”Romulus is said to have been less distressed at [Tatius's murder] than he should have been, either because of the suspicion inherent in joint sovereignty, or because he thought that Tatius had deserved his fate.”41. Tarquin the Proud, who according to tradition reigned from 534 to 510 Tarquin the Proud, who according to tradition reigned from 534 to 510 BCE BCE, was the last of the seven legendary kings of Rome.42. The ephors were a group of five magistrates who, with the kings, formed the executive branch of the Spartan state. The ephors were a group of five magistrates who, with the kings, formed the executive branch of the Spartan state.43. Plutarch describes these incidents in a section on Agis and Cleomenes in Plutarch describes these incidents in a section on Agis and Cleomenes in Parallel Lives Parallel Lives.

CHAPTER TEN.

ON HOW THE FOUNDERS OF A REPUBLIC OR KINGDOM ARE AS MUCH TO BE LAUDED AS FOUNDERS OF A TYRANNY ARE TO BE REBUKED.

Among all the men who are praised, those praised most highly are the founders and heads of religions. Following close

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