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.
CHAPTER L.--_That neither any Council nor any Magistrate should have
power to bring the Government of a City to a stay._
T.Q. CINCINNATUS and Cn. Julius Mento being consuls of Rome, and being
at variance with one another, brought the whole business of the city to
a stay; which the senate perceiving, were moved to create a dictator
to do what, by reason of their differences, the consuls would not. But
though opposed to one another in everything else, the consuls were of
one mind in resisting the appointment of a dictator; so that the senate
had no remedy left them but to seek the help of the tribunes, who,
supported by their authority, forced the consuls to yield.
Here we have to note, first, the usefulness of the tribunes' authority
in checking the ambitious designs, not only of the nobles against the
commons, but also of one section of the nobles against another; and
next, that in no city ought things ever to be so ordered that it rests
with a few to decide on matters, which, if the ordinary business of the
State is to proceed at all, must be carried out. Wherefore, if you
grant authority to a council to distribute honours and offices, or to a
magistrate to administer any branch of public business, you must either
impose an obligation that the duty confided shall be performed, or
ordain that, on failure to perform, another may and shall do what has
to be done. Otherwise such an a
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