at
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
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