XLIII. Then we see realized that which Plato so vividly describes, if I can but express it in our language. It is by no means easy to do it justice in translation: however, I will try.

When, says Plato, the insatiate jaws of the populace are fired with the thirst of liberty, and when the people, urged on by evil ministers, drains in its thirst the cup, not of tempered liberty, but unmitigated license, then the magistrates and chiefs, if they are not utterly subservient and remiss, and shameless promoters of the popular licentiousness, are pursued, incriminated, accused, and cried down under the title of despots and tyrants. I dare say you recollect the passage.

Yes, said Laelius, it is familiar to me.

Scipio. Plato thus proceeds: Then those who feel in duty bound to obey the chiefs of the State are persecuted by the insensate populace, who call them voluntary slaves. But those who, though invested with magistracies, wish to be considered on an equality with private individuals, and those private individuals who labor to abolish all distinctions between their own class and the magistrates, are extolled with acclamations and overwhelmed with honors, so that it inevitably happens in a commonwealth thus revolutionized that liberalism abounds in all directions, due authority is found wanting even in private families, and misrule seems to extend even to the animals that witness it. Then the father fears the son, and the son neglects the father. All modesty is banished; they become far too liberal for that. No difference is made between the citizen and the alien; the master dreads and cajoles his scholars, and the scholars despise their masters. The young men assume the gravity of sages, and sages must stoop to the follies of children, lest they should be hated and oppressed by them. The very slaves even are under but little restraint; wives boast the same rights as their husbands; dogs, horses, and asses are emancipated in this outrageous excess of freedom, and run about so violently that they frighten the passengers from the road. At length the termination of all this infinite licentiousness is, that the minds of the citizens become so fastidious and effeminate, that when they observe even the slightest exertion of authority they grow angry and seditious, and thus the laws begin to be neglected, so that the people are absolutely without any master at all.

Then Laelius said: You have very accurately rendered the opinions which he expressed.

XLIV. Scipio. Now, to return to the argument of my discourse. It appears that this extreme license, which is the only liberty in the eyes of the vulgar, is, according to Plato, such that from it as a sort of root tyrants naturally arise and spring up. For as the excessive power of an aristocracy occasions the destruction of the nobles, so this excessive liberalism of democracies brings after it the slavery of the people. Thus we find in the weather, the soil, and the animal constitution the most favorable conditions are sometimes suddenly converted by their excess into the contrary, and this fact is especially observable in political governments; and this excessive liberty soon brings the people collectively and individually to an excessive servitude. For, as I said, this extreme liberty easily introduces the reign of tyranny, the severest of all unjust slaveries. In fact, from the midst of this unbridled and capricious populace, they elect some one as a leader in opposition to their afflicted and expelled nobles: some new chief, forsooth, audacious and impure, often insolently persecuting those who have deserved well of the State, and ready to gratify the populace at his neighbor's expense as well as his own. Then, since the private condition is naturally exposed to fears and alarms, the people invest him with many powers, and these are continued in his hands. Such men, like Pisistratus of Athens, will soon find an excuse for surrounding themselves with body-guards, and they will conclude by becoming tyrants over the very persons who raised them to dignity. If such despots perish by the vengeance of the better citizens, as is generally the case, the constitution is re-established; but if they fall by the hands of bold insurgents, then the same faction succeeds them, which is only another species of tyranny. And the same revolution arises from the fair system of aristocracy when any corruption has betrayed the nobles from the path of rectitude. Thus the power is like the ball which is flung from hand to hand: it passes from kings to tyrants, from tyrants to the aristocracy, from them to democracy, and from these back again to tyrants and to factions; and thus the same kind of government is seldom long maintained.

XLV. Since these are the facts of experience, royalty is, in my opinion, very far preferable to the three other kinds of political constitutions. But it is itself inferior to that which is composed of an equal mixture of the three best forms of government, united and modified by one another. I wish to establish in a commonwealth a royal and pre-eminent chief. Another portion of power should be deposited in the hands of the aristocracy, and certain things should be reserved to the judgment and wish of the multitude. This constitution, in the first place, possesses that great equality without which men cannot long maintain their freedom; secondly, it offers a great stability, while the particular separate and isolated forms easily fall into their contraries; so that a king is succeeded by a despot, an aristocracy by a faction, a democracy by a mob and confusion; and all these forms are frequently sacrificed to new revolutions. In this united and mixed constitution, however, similar disasters cannot happen without the greatest vices in public men. For there can be little to occasion revolution in a state in which every person is firmly established in his appropriate rank, and there are but few modes of corruption into which we can fall.

XLVI. But I fear, Laelius, and you, my amiable and learned friends, that if I were to dwell any longer on this argument, my words would seem rather like the lessons of a master, and not like the free conversation of one who is uniting with you in the consideration of truth. I shall therefore pass on to those things which are familiar to all, and which I have long studied. And in these matters I believe, I feel, and I affirm that of all governments there is none which, either in its entire constitution or the distribution of its parts, or in the discipline of its manners, is comparable to that which our fathers received from our earliest ancestors, and which they have handed down to us. And since you wish to hear from me a development of this constitution, with which you are all acquainted, I shall endeavor to explain its true character and excellence. Thus keeping my eye fixed on the model of our Roman Commonwealth, I shall endeavor to accommodate to it all that I have to say on the best form of government. And by treating the subject in this way, I think I shall be able to accomplish most satisfactorily the task which Laelius has imposed on me.

XLVII. Laelius. It is a task most properly and peculiarly your own, my Scipio; for who can speak so well as you either on the subject of the institutions of our ancestors, since you yourself are descended from most illustrious ancestors, or on that of the best form of a constitution which, if we possess (though at this moment we do not, still), when we do possess such a thing, who will be more flourishing in it than you? or on that of providing counsels for the future, as you, who, by dispelling two mighty perils from our city, have provided for its safety forever?

FRAGMENTS.

XLVIII. As our country is the source of the greatest benefits, and is a parent dearer than those who have given us life, we owe her still warmer gratitude than belongs to our human relations. * * *

Nor would Carthage have continued to flourish during six centuries without wisdom and good institutions. * * *

In truth, says Cicero, although the reasonings of those men may contain most abundant fountains of science and virtue; still, if we compare them with the achievements and complete actions of statesmen, they will seem not to have been of so much service in the actual business of men as of amusement for their leisure.

* * * * *



INTRODUCTION TO THE SECOND BOOK,

BY THE ORIGINAL TRANSLATOR.

In this second book of his Commonwealth, Cicero gives us a spirited and eloquent review of the history and successive developments of the Roman constitution. He bestows the warmest praises on its early kings, points out the great advantages which had resulted from its primitive monarchical system, and explains how that system had been gradually broken up. In order to prove the importance of reviving it, he gives a glowing picture of the evils and disasters that had befallen the Roman State in consequence of that overcharge of democratic folly and violence which had gradually gained an alarming preponderance, and describes, with a kind of prophetic sagacity, the fruit of his political experience, the subsequent revolutions of the Roman State, which such a state of things would necessarily bring about.



BOOK II.

I. [When, therefore, he observed all his friends kindled with the de]sire of hearing him, Scipio thus opened the discussion. I will commence, said Scipio, with a sentiment of old Cato, whom, as you know, I singularly loved and exceedingly admired, and to whom, in compliance with the judgment of both my parents, and also by my own desire, I was entirely devoted during my youth; of whose discourse, indeed, I could never have enough, so much experience did he possess as a statesman respecting the republic which he had so long governed, both in peace and war, with so much success. There was also an admirable propriety in his style of conversation, in which wit was tempered with gravity; a wonderful aptitude for acquiring, and at the same time communicating, information; and his life was in perfect correspondence and unison with his language. He used to say that the government of Rome was superior to that of other states for this reason, because in nearly all of them there had been single individuals, each of whom had regulated their commonwealth according to their own laws and their own ordinances. So Minos had done in Crete, and Lycurgus in Sparta; and in Athens, which experienced so many revolutions, first Theseus, then Draco, then Solon, then Clisthenes, afterward many others; and, lastly, when it was almost lifeless and quite prostrate, that great and wise man, Demetrius Phalereus, supported it. But our Roman constitution, on the contrary, did not spring from the genius of one individual, but from that of many; and it was established, not in the lifetime of one man, but in the course of several ages and centuries. For, added he, there never yet existed any genius so vast and comprehensive as to allow nothing at any time to escape its attention; and all the geniuses in the world united in a single mind could never, within the limits of a single life, exert a foresight sufficiently extensive to embrace and harmonize all, without the aid of experience and practice.

Thus, according to Cato's usual habit, I now ascend in my discourse to the "origin of the people," for I like to adopt the expression of Cato. I shall also more easily execute my proposed task if I thus exhibit to you our political constitution in its infancy, progress, and maturity, now so firm and fully established, than if, after the example of Socrates in the books of Plato, I were to delineate a mere imaginary republic.

II. When all had signified their approbation, Scipio resumed: What commencement of a political constitution can we conceive more brilliant, or more universally known, than the foundation of Rome by the hand of Romulus? And he was the son of Mars: for we may grant this much to the common report existing among men, especially as it is not merely ancient, but one also which has been wisely maintained by our ancestors, in order that those who have done great service to communities may enjoy the reputation of having received from the Gods, not only their genius, but their very birth.

It is related, then, that soon after the birth of Romulus and his brother Remus, Amulius, King of Alba, fearing that they might one day undermine his authority, ordered that they should be exposed on the banks of the Tiber; and that in this situation the infant Romulus was suckled by a wild beast; that he was afterward educated by the shepherds, and brought up in the rough way of living and labors of the countrymen; and that he acquired, when he grew up, such superiority over the rest by the vigor of his body and the courage of his soul, that all the people who at that time inhabited the plains in the midst of which Rome now stands, tranquilly and willingly submitted to his government. And when he had made himself the chief of those bands, to come from fables to facts, he took Alba Longa, a powerful and strong city at that time, and slew its king, Amulius.

III. Having acquired this glory, he conceived the design (as they tell us) of founding a new city and establishing a new state. As respected the site of his new city, a point which requires the greatest foresight in him who would lay the foundation of a durable commonwealth, he chose the most convenient possible position. For he did not advance too near the sea, which he might easily have done with the forces under his command, either by entering the territory of the Rutuli and Aborigines, or by founding his citadel at the mouth of the Tiber, where many years after Ancus Martius established a colony. But Romulus, with admirable genius and foresight, observed and perceived that sites very near the sea are not the most favorable positions for cities which would attain a durable prosperity and dominion. And this, first, because maritime cities are always exposed, not only to many attacks, but to perils they cannot provide against. For the continued land gives notice, by many indications, not only of any regular approaches, but also of any sudden surprises of an enemy, and announces them beforehand by the mere sound. There is no adversary who, on an inland territory, can arrive so swiftly as to prevent our knowing not only his existence, but his character too, and where he comes from. But a maritime and naval enemy can fall upon a town on the sea-coast before any one suspects that he is about to come; and when he does come, nothing exterior indicates who he is, or whence he comes, or what he wishes; nor can it even be determined and distinguished on all occasions whether he is a friend or a foe.

IV. But maritime cities are likewise naturally exposed to corrupt influences, and revolutions of manners. Their civilization is more or less adulterated by new languages and customs, and they import not only foreign merchandise, but foreign fashions, to such a degree that nothing can continue unalloyed in the national institutions. Those who inhabit these maritime towns do not remain in their native place, but are urged afar from their homes by winged hope and speculation. And even when they do not desert their country in person, still their minds are always expatiating and voyaging round the world.

Nor, indeed, was there any cause which more deeply undermined Corinth and Carthage, and at last overthrew them both, than this wandering and dispersion of their citizens, whom the passion of commerce and navigation had induced to abandon the cultivation of their lands and their attention to military pursuits.

The proximity of the sea likewise administers to maritime cities a multitude of pernicious incentives to luxury, which are either acquired by victory or imported by commerce; and the very agreeableness of their position nourishes many expensive and deceitful gratifications of the passions. And what I have spoken of Corinth may be applied, for aught I know, without incorrectness to the whole of Greece. For the Peloponnesus itself is almost wholly on the sea-coast; nor, besides the Phliasians, are there any whose lands do not touch the sea; and beyond the Peloponnesus, the AEnianes, the Dorians, and the Dolopes are the only inland people. Why should I speak of the Grecian islands, which, girded by the waves, seem all afloat, as it were, together with the institutions and manners of their cities? And these things, I have before noticed, do not respect ancient Greece only; for which of all those colonies which have been led from Greece into Asia, Thracia, Italy, Sicily, and Africa, with the single exception of Magnesia, is there that is not washed by the sea? Thus it seems as if a sort of Grecian coast had been annexed to territories of the barbarians. For among the barbarians themselves none were heretofore a maritime people, if we except the Carthaginians and Etruscans; one for the sake of commerce, the other of pillage. And this is one evident reason of the calamities and revolutions of Greece, because she became infected with the vices which belong to maritime cities, which I just now briefly enumerated. But yet, notwithstanding these vices, they have one great advantage, and one which is of universal application, namely, that there is a great facility for new inhabitants flocking to them. And, again, that the inhabitants are enabled to export and send abroad the produce of their native lands to any nation they please, which offers them a market for their goods.

V. By what divine wisdom, then, could Romulus embrace all the benefits that could belong to maritime cities, and at the same time avoid the dangers to which they are exposed, except, as he did, by building his city on the bank of an inexhaustible river, whose equal current discharges itself into the sea by a vast mouth, so that the city could receive all it wanted from the sea, and discharge its superabundant commodities by the same channel? And in the same river a communication is found by which it not only receives from the sea all the productions necessary to the conveniences and elegances of life, but those also which are brought from the inland districts. So that Romulus seems to me to have divined and anticipated that this city would one day become the centre and abode of a powerful and opulent empire; for there is no other part of Italy in which a city could be situated so as to be able to maintain so wide a dominion with so much ease.

VI. As to the natural fortifications of Rome, who is so negligent and unobservant as not to have them depicted and deeply stamped on his memory? Such is the plan and direction of the walls, which, by the prudence of Romulus and his royal successors, are bounded on all sides by steep and rugged hills; and the only aperture between the Esquiline and Quirinal mountains is enclosed by a formidable rampart, and surrounded by an immense fosse. And as for our fortified citadel, it is so secured by a precipitous barrier and enclosure of rocks, that, even in that horrible attack and invasion of the Gauls, it remained impregnable and inviolable. Moreover, the site which he selected had also an abundance of fountains, and was healthy, though it was in the midst of a pestilential region; for there are hills which at once create a current of fresh air, and fling an agreeable shade over the valleys.

VII. These things he effected with wonderful rapidity, and thus established the city, which, from his own name Romulus, he determined to call Rome. And in order to strengthen his new city, he conceived a design, singular enough, and even a little rude, yet worthy of a great man, and of a genius which discerned far away in futurity the means of strengthening his power and his people. The young Sabine females of honorable birth who had come to Rome, attracted by the public games and spectacles which Romulus then, for the first time, established as annual games in the circus, were suddenly carried off at the feast of Consus[313] by his orders, and were given in marriage to the men of the noblest families in Rome. And when, on this account, the Sabines had declared war against Rome, the issue of the battle being doubtful and undecided, Romulus made an alliance with Tatius, King of the Sabines, at the intercession of the matrons themselves who had been carried off. By this compact he admitted the Sabines into the city, gave them a participation in the religious ceremonies, and divided his power with their king.

VIII. But after the death of Tatius, the entire government was again vested in the hands of Romulus, although, besides making Tatius his own partner, he had also elected some of the chiefs of the Sabines into the royal council, who on account of their affectionate regard for the people were called patres, or fathers. He also divided the people into three tribes, called after the name of Tatius, and his own name, and that of Locumo, who had fallen as his ally in the Sabine war; and also into thirty curiae, designated by the names of those Sabine virgins, who, after being carried off at the festivals, generously offered themselves as the mediators of peace and coalition.

But though these orders were established in the life of Tatius, yet, after his death, Romulus reigned with still greater power by the counsel and authority of the senate.

IX. In this respect he approved and adopted the principle which Lycurgus but little before had applied to the government of Lacedaemon; namely, that the monarchical authority and the royal power operate best in the government of states when to this supreme authority is joined the influence of the noblest of the citizens.

Therefore, thus supported, and, as it were, propped up by this council or senate, Romulus conducted many wars with the neighboring nations in a most successful manner; and while he refused to take any portion of the booty to his own palace, he did not cease to enrich the citizens. He also cherished the greatest respect for that institution of hierarchical and ecclesiastical ordinances which we still retain to the great benefit of the Commonwealth; for in the very commencement of his government he founded the city with religious rites, and in the institution of all public establishments he was equally careful in attending to these sacred ceremonials, and associated with himself on these occasions priests that were selected from each of the tribes. He also enacted that the nobles should act as patrons and protectors to the inferior citizens, their natural clients and dependants, in their respective districts, a measure the utility of which I shall afterward notice.—The judicial punishments were mostly fines of sheep and oxen; for the property of the people at that time consisted in their fields and cattle, and this circumstance has given rise to the expressions which still designate real and personal wealth. Thus the people were kept in order rather by mulctations than by bodily inflictions.

X. After Romulus had thus reigned thirty-seven years, and established these two great supports of government, the hierarchy and the senate, having disappeared in a sudden eclipse of the sun, he was thought worthy of being added to the number of the Gods—an honor which no mortal man ever was able to attain to but by a glorious pre-eminence of virtue. And this circumstance was the more to be admired in the case of Romulus because most of the great men that have been deified were so exalted to celestial dignities by the people, in periods very little enlightened, when fiction was easy and ignorance went hand-in-hand with credulity. But with respect to Romulus we know that he lived less than six centuries ago, at a time when science and literature were already advanced, and had got rid of many of the ancient errors that had prevailed among less civilized peoples. For if, as we consider proved by the Grecian annals, Rome was founded in the seventh Olympiad, the life of Romulus was contemporary with that period in which Greece already abounded in poets and musicians—an age when fables, except those concerning ancient matters, received little credit.

For, one hundred and eight years after the promulgation of the laws of Lycurgus, the first Olympiad was established, which indeed, through a mistake of names, some authors have supposed constituted, by Lycurgus likewise. And Homer himself, according to the best computation, lived about thirty years before the time of Lycurgus. We must conclude, therefore, that Homer flourished very many years before the date of Romulus. So that, as men had now become learned, and as the times themselves were not destitute of knowledge, there was not much room left for the success of mere fictions. Antiquity indeed has received fables that have at times been sufficiently improbable: but this epoch, which was already so cultivated, disdaining every fiction that was impossible, rejected[314] * * * We may therefore, perhaps, attach some credit to this story of Romulus's immortality, since human life was at that time experienced, cultivated, and instructed. And doubtless there was in him such energy of genius and virtue that it is not altogether impossible to believe the report of Proculus Julius, the husbandman, of that glorification having befallen Romulus which for many ages we have denied to less illustrious men. At all events, Proculus is reported to have stated in the council, at the instigation of the senators, who wished to free themselves from all suspicion of having been accessaries to the death of Romulus, that he had seen him on that hill which is now called the Quirinal, and that he had commanded him to inform the people that they should build him a temple on that same hill, and offer him sacrifices under the name of Quirinus.

XI. You see, therefore, that the genius of this great man did not merely establish the constitution of a new people, and then leave them, as it were, crying in their cradle; but he still continued to superintend their education till they had arrived at an adult and wellnigh a mature age.

Then Laelius said: We now see, my Scipio, what you meant when you said that you would adopt a new method of discussing the science of government, different from any found in the writings of the Greeks. For that prime master of philosophy, whom none ever surpassed in eloquence, I mean Plato, chose an open plain on which to build an imaginary city after his own taste—a city admirably conceived, as none can deny, but remote enough from the real life and manners of men. Others, without proposing to themselves any model or type of government whatever, have argued on the constitutions and forms of states. You, on the contrary, appear to be about to unite these two methods; for, as far as you have gone, you seem to prefer attributing to others your discoveries, rather than start new theories under your own name and authority, as Socrates has done in the writings of Plato. Thus, in speaking of the site of Rome, you refer to a systematic policy, to the acts of Romulus, which were many of them the result of necessity or chance; and you do not allow your discourse to run riot over many states, but you fix and concentrate it on our own Commonwealth. Proceed, then, in the course you have adopted; for I see that you intend to examine our other kings, in your pursuit of a perfect republic, as it were.

XII. Therefore, said Scipio, when that senate of Romulus which was composed of the nobles, whom the king himself respected so highly that he designated them patres, or fathers, and their children patricians, attempted after the death of Romulus to conduct the government without a king, the people would not suffer it, but, amidst their regret for Romulus, desisted not from demanding a fresh monarch. The nobles then prudently resolved to establish an interregnum—a new political form, unknown to other nations. It was not without its use, however, since, during the interval which elapsed before the definitive nomination of the new king, the State was not left without a ruler, nor subjected too long to the same governor, nor exposed to the fear lest some one, in consequence of the prolonged enjoyment of power, should become more unwilling to lay it aside, or more powerful if he wished to secure it permanently for himself. At which time this new nation discovered a political provision which had escaped the Spartan Lycurgus, who conceived that the monarch ought not to be elective—if indeed it is true that this depended on Lycurgus—but that it was better for the Lacedaemonians to acknowledge as their sovereign the next heir of the race of Hercules, whoever he might be: but our Romans, rude as they were, saw the importance of appointing a king, not for his family, but for his virtue and experience.

XIII. And fame having recognized these eminent qualities in Numa Pompilius, the Roman people, without partiality for their own citizens, committed itself, by the counsel of the senators, to a king of foreign origin, and summoned this Sabine from the city of Cures to Rome, that he might reign over them. Numa, although the people had proclaimed him king in their Comitia Curiata, did nevertheless himself pass a Lex Curiata respecting his own authority; and observing that the institutions of Romulus had too much excited the military propensities of the people, he judged it expedient to recall them from this habit of warfare by other employments.

XIV. And, in the first place, he divided severally among the citizens the lands which Romulus had conquered, and taught them that even without the aid of pillage and devastation they could, by the cultivation of their own territories, procure themselves all kinds of commodities. And he inspired them with the love of peace and tranquillity, in which faith and justice are likeliest to flourish, and extended the most powerful protection to the people in the cultivation of their fields and the enjoyment of their produce. Pompilius likewise having created hierarchical institutions of the highest class, added two augurs to the old number. He intrusted the superintendence of the sacred rites to five pontiffs, selected from the body of the nobles; and by those laws which we still preserve on our monuments he mitigated, by religious ceremonials, the minds that had been too long inflamed by military enthusiasm and enterprise.

He also established the Flamines and the Salian priests and the Vestal Virgins, and regulated all departments of our ecclesiastical policy with the most pious care. In the ordinance of sacrifices, he wished that the ceremonial should be very arduous and the expenditure very light. He thus appointed many observances, whose knowledge is extremely important, and whose expense far from burdensome. Thus in religious worship he added devotion and removed costliness. He was also the first to introduce markets, games, and the other usual methods of assembling and uniting men. By these establishments, he inclined to benevolence and amiability spirits whom the passion for war had rendered savage and ferocious. Having thus reigned in the greatest peace and concord thirty-nine years—for in dates we mainly follow our Polybius, than whom no one ever gave more attention to the investigation of the history of the times—he departed this life, having corroborated the two grand principles of political stability, religion and clemency.

XV. When Scipio had concluded these remarks, Is it not, said Manilius, a true tradition which is current, that our king Numa was a disciple of Pythagoras himself, or that at least he was a Pythagorean in his doctrines? For I have often heard this from my elders, and we know that it is the popular opinion; but it does not seem to be clearly proved by the testimony of our public annals.

Then Scipio replied: The supposition is false, my Manilius; it is not merely a fiction, but a ridiculous and bungling one too; and we should not tolerate those statements, even in fiction, relating to facts which not only did not happen, but which never could have happened. For it was not till the fourth year of the reign of Tarquinius Superbus that Pythagoras is ascertained to have come to Sybaris, Crotona, and this part of Italy. And the sixty-second Olympiad is the common date of the elevation of Tarquin to the throne, and of the arrival of Pythagoras. From which it appears, when we calculate the duration of the reigns of the kings, that about one hundred and forty years must have elapsed after the death of Numa before Pythagoras first arrived in Italy. And this fact, in the minds of men who have carefully studied the annals of time, has never been at all doubted.

O ye immortal Gods! said Manilius, how deep and how inveterate is this error in the minds of men! However, it costs me no effort to concede that our Roman sciences were not imported from beyond the seas, but that they sprung from our own indigenous and domestic virtues.

XVI. You will become still more convinced of this fact, said Africanus, when tracing the progress of our Commonwealth as it became gradually developed to its best and maturest condition. And you will find yet further occasion to admire the wisdom of our ancestors on this very account, since you will perceive, that even those things which they borrowed from foreigners received a much higher improvement among us than they possessed in the countries from whence they were imported among us; and you will learn that the Roman people was aggrandized, not by chance or hazard, but rather by counsel and discipline, to which fortune indeed was by no means unfavorable.

XVII. After the death of King Pompilius, the people, after a short period of interregnum, chose Tullus Hostilius for their king, in the Comitia Curiata; and Tullus, after Numa's example, consulted the people in their curias to procure a sanction for his government. His excellence chiefly appeared in his military glory and great achievements in war. He likewise, out of his military spoils, constructed and decorated the House of Comitia and the Senate-house. He also settled the ceremonies of the proclamation of hostilities, and consecrated their righteous institution by the religious sanction of the Fetial priests, so that every war which was not duly announced and declared might be adjudged illegal, unjust, and impious. And observe how wisely our kings at that time perceived that certain rights ought to be allowed to the people, of which we shall have a good deal to say hereafter. Tullus did not even assume the ensigns of royalty without the approbation of the people; and when he appointed twelve lictors, with their axes to go before him[315] * * *

XVIII. * * * [Manilius.] This Commonwealth of Rome, which you are so eloquently describing, did not creep towards perfection; it rather flew at once to the maturity of its grandeur.

[Scipio.] After Tullus, Ancus Martius, a descendant of Numa by his daughter, was appointed king by the people. He also procured the passing of a law[316] through the Comitia Curiata respecting his government. This king having conquered the Latins, admitted them to the rights of citizens of Rome. He added to the city the Aventine and Caelian hills; he distributed the lands he had taken in war; he bestowed on the public all the maritime forests he had acquired; and he built the city Ostia, at the mouth of the Tiber, and colonized it. When he had thus reigned twenty-three years, he died.

Then said Laelius: Doubtless this king deserves our praises, but the Roman history is obscure. We possess, indeed, the name of this monarch's mother, but we know nothing of his father.

It is so, said Scipio; but in those ages little more than the names of the kings were recorded.

XIX. For the first time at this period, Rome appears to have become more learned by the study of foreign literature; for it was no longer a little rivulet, flowing from Greece towards the walls of our city, but an overflowing river of Grecian sciences and arts. This is generally attributed to Demaratus, a Corinthian, the first man of his country in reputation, honor, and wealth; who, not being able to bear the despotism of Cypselus, tyrant of Corinth, fled with large treasures, and arrived at Tarquinii, the most flourishing city in Etruria. There, understanding that the domination of Cypselus was thoroughly established, he, like a free and bold-hearted man, renounced his country, and was admitted into the number of the citizens of Tarquinii, and fixed his residence in that city. And having married a woman of the city, he instructed his two sons, according to the method of Greek education, in all kinds of sciences and arts.[317] * * *

XX. * * * [One of these sons] was easily admitted to the rights of citizenship at Rome; and on account of his accomplished manners and learning, he became a favorite of our king Ancus to such a degree that he was a partner in all his counsels, and was looked upon almost as his associate in the government. He, besides, possessed wonderful affability, and was very kind in assistance, support, protection, and even gifts of money, to the citizens.

When, therefore, Ancus died, the people by their unanimous suffrages chose for their king this Lucius Tarquinius (for he had thus transformed the Greek name of his family, that he might seem in all respects to imitate the customs of his adopted countrymen). And when he, too, had procured the passing of a law respecting his authority, he commenced his reign by doubling the original number of the senators. The ancient senators he called patricians of the major families (patres majorum gentium), and he asked their votes first; and those new senators whom he himself had added, he entitled patricians of minor families. After this, he established the order of knights, on the plan which we maintain to this day. He would not, however, change the denomination of the Tatian, Rhamnensian, and Lucerian orders, though he wished to do so, because Attus Naevius, an augur of the highest reputation, would not sanction it. And, indeed, I am aware that the Corinthians were remarkably attentive to provide for the maintenance and good condition of their cavalry by taxes levied on the inheritance of widows and orphans. To the first equestrian orders Lucius also added new ones, composing a body of three hundred knights. And this number he doubled, after having conquered the AEquicoli, a large and ferocious people, and dangerous enemies of the Roman State. Having likewise repulsed from our walls an invasion of the Sabines, he routed them by the aid of his cavalry, and subdued them. He also was the first person who instituted the grand games which are now called the Roman Games. He fulfilled his vow to build a temple to the all-good and all-powerful Jupiter in the Capitol—a vow which he made during a battle in the Sabine war—and died after a reign of thirty-eight years.

XXI. Then Laelius said: All that you have been relating corroborates the saying of Cato, that the constitution of the Roman Commonwealth is not the work of one man, or one age; for we can clearly see what a great progress in excellent and useful institutions was continued under each successive king. But we are now arrived at the reign of a monarch who appears to me to have been of all our kings he who had the greatest foresight in matters of political government.

So it appears to me, said Scipio; for after Tarquinius Priscus comes Servius Sulpicius, who was the first who is reported to have reigned without an order from the people. He is supposed to have been the son of a female slave at Tarquinii, by one of the soldiers or clients of King Priscus; and as he was educated among the servants of this prince, and waiting on him at table, the king soon observed the fire of his genius, which shone forth even from his childhood, so skilful was he in all his words and actions. Therefore, Tarquin, whose own children were then very young, so loved Servius that he was very commonly believed to be his own son, and he instructed him with the greatest care in all the sciences with which he was acquainted, according to the most exact discipline of the Greeks.

But when Tarquin had perished by the plots of the sons of Ancus, and Servius (as I have said) had begun to reign, not by the order, but yet with the good-will and consent, of the citizens—because, as it was falsely reported that Priscus was recovering from his wounds, Servius, arrayed in the royal robes, delivered judgment, freed the debtors at his own expense, and, exhibiting the greatest affability, announced that he delivered judgment at the command of Priscus—he did not commit himself to the senate; but, after Priscus was buried, he consulted the people respecting his authority, and, being authorized by them to assume the dominion, he procured a law to be passed through the Comitia Curiata, confirming his government.

He then, in the first place, avenged the injuries of the Etruscans by arms. After which[318] * * *

XXII. * * * he enrolled eighteen centuries of knights of the first order. Afterward, having created a great number of knights from the common mass of the people, he divided the rest of the people into five classes, distinguishing between the seniors and the juniors. These he so constituted as to place the suffrages, not in the hands of the multitude, but in the power of the men of property. And he took care to make it a rule of ours, as it ought to be in every government, that the greatest number should not have the greatest weight. You are well acquainted with this institution, otherwise I would explain it to you; but you are familiar with the whole system, and know how the centuries of knights, with six suffrages, and the first class, comprising eighty centuries, besides one other century which was allotted to the artificers, on account of their utility to the State, produce eighty-nine centuries. If to these there are added twelve centuries—for that is the number of the centuries of the knights which remain[319]—the entire force of the State is summed up; and the arrangement is such that the remaining and far more numerous multitude, which is distributed through the ninety-six last centuries, is not deprived of a right of suffrage, which would be an arrogant measure; nor, on the other hand, permitted to exert too great a preponderance in the government, which would be dangerous.

In this arrangement, Servius was very cautious in his choice of terms and denominations. He called the rich assidui, because they afforded pecuniary succor[320] to the State. As to those whoso fortune did not exceed 1500 pence, or those who had nothing but their labor, he called them proletarii classes, as if the State should expect from them a hardy progeny[321] and population.

Even a single one of the ninety-six last centuries contained numerically more citizens than the entire first class. Thus, no one was excluded from his right of voting, yet the preponderance of votes was secured to those who had the deepest stake in the welfare of the State. Moreover, with reference to the accensi, velati, trumpeters, hornblowers, proletarii[322] * * *

XXIII. * * * That that republic is arranged in the best manner which, being composed in due proportions of those three elements, the monarchical, the aristocratical, and the democratic, does not by punishment irritate a fierce and savage mind. * * * [A similar institution prevailed at Carthage], which was sixty-five years more ancient than Rome, since it was founded thirty-nine years before the first Olympiad; and that most ancient law-giver Lycurgus made nearly the same arrangements. Thus the system of regular subordination, and this mixture of the three principal forms of government, appear to me common alike to us and them. But there is a peculiar advantage in our Commonwealth, than which nothing can be more excellent, which I shall endeavor to describe as accurately as possible, because it is of such a character that nothing analogous can be discovered in ancient states; for these political elements which I have noticed were so united in the constitutions of Rome, of Sparta, and of Carthage, that they were not counterbalanced by any modifying power. For in a state in which one man is invested with a perpetual domination, especially of the monarchical character, although there be a senate in it, as there was in Rome under the kings, and in Sparta, by the laws of Lycurgus, or even where the people exercise a sort of jurisdiction, as they used in the days of our monarchy, the title of king must still be pre-eminent; nor can such a state avoid being, and being called, a kingdom. And this kind of government is especially subject to frequent revolutions, because the fault of a single individual is sufficient to precipitate it into the most pernicious disasters.

In itself, however, royalty is not only not a reprehensible form of government, but I do not know whether it is not far preferable to all other simple constitutions, if I approved of any simple constitution whatever. But this preference applies to royalty so long only as it maintains its appropriate character; and this character provides that one individual's perpetual power, and justice, and universal wisdom should regulate the safety, equality, and tranquillity of the whole people. But many privileges must be wanting to communities that live under a king; and, in the first place, liberty, which does not consist in slavery to a just master, but in slavery to no master at all[323] * * *

XXIV. * * * [Let us now pass on to the reign of the seventh and last king of Rome, Tarquinius Superbus.] And even this unjust and cruel master had good fortune for his companion for some time in all his enterprises. For he subdued all Latium; he captured Suessa Pometia, a powerful and wealthy city, and, becoming possessed of an immense spoil of gold and silver, he accomplished his father's vow by the building of the Capitol. He established colonies, and, faithful to the institutions of those from whom he sprung, he sent magnificent presents, as tokens of gratitude for his victories, to Apollo at Delphi.

XXV. Here begins the revolution of our political system of government, and I must beg your attention to its natural course and progression. For the grand point of political science, the object of our discourses, is to know the march and the deviations of governments, that when we are acquainted with the particular courses and inclinations of constitutions, we may be able to restrain them from their fatal tendencies, or to oppose adequate obstacles to their decline and fall.

For this Tarquinius Superbus, of whom I am speaking, being first of all stained with the blood of his admirable predecessor on the throne, could not be a man of sound conscience and mind; and as he feared himself the severest punishment for his enormous crime, he sought his protection in making himself feared. Then, in the glory of his victories and his treasures, he exulted in insolent pride, and could neither regulate his own manners nor the passions of the members of his family.

When, therefore, his eldest son had offered violence to Lucretia, daughter of Tricipitinus and wife of Collatinus, and this chaste and noble lady had stabbed herself to death on account of the injury she could not survive—then a man eminent for his genius and virtue, Lucius Brutus, dashed from his fellow-citizens this unjust yoke of odious servitude; and though he was but a private man, he sustained the government of the entire Commonwealth, and was the first that taught the people in this State that no one was a private man when the preservation of our liberties was concerned. Beneath his authority and command our city rose against tyranny, and, stirred by the recent grief of the father and relatives of Lucretia, and with the recollections of Tarquin's haughtiness, and the numberless crimes of himself and his sons, they pronounced sentence of banishment against him and his children, and the whole race of the Tarquins.

XXVI. Do you not observe, then, how the king sometimes degenerates into the despot, and how, by the fault of one individual, a form of government originally good is abused to the worst of purposes? Here is a specimen of that despot over the people whom the Greeks denominate a tyrant. For, according to them, a king is he who, like a father, consults the interests of his people, and who preserves those whom he is set over in the very best condition of life. This indeed is, as I have said, an excellent form of government, yet still liable, and, as it were, inclined, to a pernicious abuse. For as soon as a king assumes an unjust and despotic power, he instantly becomes a tyrant, than which nothing baser or fouler, than which no imaginable animal can be more detestable to gods or men; for though in form a man, he surpasses the most savage monsters in ferocious cruelty. For who can justly call him a human being, who admits not between himself and his fellow-countrymen, between himself and the whole human race, any communication of justice, any association of kindness? But we shall find some fitter occasion of speaking of the evils of tyranny when the subject itself prompts us to declare against them who, even in a state already liberated, have affected these despotic insolencies.

XXVII. Such is the first origin and rise of a tyrant. For this was the name by which the Greeks choose to designate an unjust king; and by the title king our Romans universally understand every man who exercises over the people a perpetual and undivided domination. Thus Spurius Cassius, and Marcus Manlius, and Spurius Maelius, are said to have wished to seize upon the kingly power, and lately [Tiberius Gracchus incurred the same accusation].[324] * * *

XXVIII. * * * [Lycurgus, in Sparta, formed, under the name of Elders,] a small council consisting of twenty-eight members only; to these he allotted the supreme legislative authority, while the king held the supreme executive authority. Our Romans, emulating his example, and translating his terms, entitled those whom he had called Elders, Senators, which, as we have said, was done by Romulus in reference to the elect patricians. In this constitution, however, the power, the influence, and name of the king is still pre-eminent. You may distribute, indeed, some show of power to the people, as Lycurgus and Romulus did, but you inflame them, with the thirst of liberty by allowing them even the slightest taste of its sweetness; and still their hearts will be overcast with alarm lest their king, as often happens, should become unjust. The prosperity of the people, therefore, can be little better than fragile, when placed at the disposal of any one individual, and subjected to his will and caprices.

XXIX. Thus the first example, prototype, and original of tyranny has been discovered by us in the history of our own Roman State, religiously founded by Romulus, without applying to the theoretical Commonwealth which, according to Plato's recital, Socrates was accustomed to describe in his peripatetic dialogues. We have observed Tarquin, not by the usurpation of any new power, but by the unjust abuse of the power which he already possessed, overturn the whole system of our monarchical constitution.

Let us oppose to this example of the tyrant another, a virtuous king—wise, experienced, and well informed respecting the true interest and dignity of the citizens—a guardian, as it were, and superintendent of the Commonwealth; for that is a proper name for every ruler and governor of a state. And take you care to recognize such a man when you meet him, for he is the man who, by counsel and exertion, can best protect the nation. And as the name of this man has not yet been often mentioned in our discourse, and as the character of such a man must be often alluded to in our future conversations, [I shall take an early opportunity of describing it.][325] * * *

XXX. * * * [Plato has chosen to suppose a territory and establishments of citizens, whose fortunes] were precisely equal. And he has given us a description of a city, rather to be desired than expected; and he has made out not such a one as can really exist, but one in which the principles of political affairs may be discerned. But for me, if I can in any way accomplish it, while I adopt the same general principles as Plato, I am seeking to reduce them to experience and practice, not in the shadow and picture of a state, but in a real and actual Commonwealth, of unrivalled amplitude and power; in order to be able to point out, with the most graphic precision, the causes of every political good and social evil.

For after Rome had flourished more than two hundred and forty years under her kings and interreges, and after Tarquin was sent into banishment, the Roman people conceived as much detestation of the name of king as they had once experienced regret at the death, or rather disappearance, of Romulus. Therefore, as in the first instance they could hardly bear the idea of losing a king, so in the latter, after the expulsion of Tarquin, they could not endure to hear the name of a king.[326] * * *

XXXI. * * * Therefore, when that admirable constitution of Romulus had lasted steadily about two hundred and forty years. * * * The whole of that law was abolished. In this humor, our ancestors banished Collatinus, in spite of his innocence, because of the suspicion that attached to his family, and all the rest of the Tarquins, on account of the unpopularity of their name. In the same humor, Valerius Publicola was the first to lower the fasces before the people, when he spoke in the assembly of the people. He also had the materials of his house conveyed to the foot of Mount Velia, having observed that the commencement of his edifice on the summit of this hill, where King Tullius had once dwelt, excited the suspicions of the people.

It was the same man, who in this respect pre-eminently deserved the name of Publicola, who carried in favor of the people the first law received in the Comitia Centuriata, that no magistrate should sentence to death or scourging a Roman citizen who appealed from his authority to the people. And the pontifical books attest that the right of appeal had existed, even against the decision of the kings. Our augural books affirm the same thing. And the Twelve Tables prove, by a multitude of laws, that there was a right of appeal from every judgment and penalty. Besides, the historical fact that the decemviri who compiled the laws were created with the privilege of judging without appeal, sufficiently proves that the other magistrates had not the same power. And a consular law, passed by Lucius Valerius Politus and Marcus Horatius Barbatus, men justly popular for promoting union and concord, enacted that no magistrate should thenceforth be appointed with authority to judge without appeal; and the Portian laws, the work of three citizens of the name of Portius, as you are aware, added nothing new to this edict but a penal sanction.

Therefore Publicola, having promulgated this law in favor of appeal to the people, immediately ordered the axes to be removed from the fasces, which the lictors carried before the consuls, and the next day appointed Spurius Lucretius for his colleague. And as the new consul was the oldest of the two, Publicola ordered his lictors to pass over to him; and he was the first to establish the rule, that each of the consuls should be preceded by the lictors in alternate months, that there should be no greater appearance of imperial insignia among the free people than they had witnessed in the days of their kings. Thus, in my opinion, he proved himself no ordinary man, as, by so granting the people a moderate degree of liberty, he more easily maintained the authority of the nobles.

Nor is it without reason that I have related to you these ancient and almost obsolete events; but I wished to adduce my instances of men and circumstances from illustrious persons and times, as it is to such events that the rest of my discourse will be directed.

XXXII. At that period, then, the senate preserved the Commonwealth in such a condition that though the people were really free, yet few acts were passed by the people, but almost all, on the contrary, by the authority, customs, and traditions of the senate. And over all the consuls exercised a power—in time, indeed, only annual, but in nature and prerogative completely royal.

The consuls maintained, with the greatest energy, that rule which so much conduces to the power of our nobles and great men, that the acts of the commons of the people shall not be binding, unless the authority of the patricians has approved them. About the same period, and scarcely ten years after the first consuls, we find the appointment of the dictator in the person of Titus Lartius. And this new kind of power—namely, the dictatorship—appears exceedingly similar to the monarchical royalty. All his power, however, was vested in the supreme authority of the senate, to which the people deferred; and in these times great exploits were performed in war by brave men invested with the supreme command, whether dictators or consuls.

XXXIII. But as the nature of things necessarily brought it to pass that the people, once freed from its kings, should arrogate to itself more and more authority, we observe that after a short interval of only sixteen years, in the consulship of Postumus Cominius and Spurius Cassius, they attained their object; an event explicable, perhaps, on no distinct principle, but, nevertheless, in a manner independent of any distinct principle. For recollect what I said in commencing our discourse, that if there exists not in the State a just distribution and subordination of rights, offices, and prerogatives, so as to give sufficient domination to the chiefs, sufficient authority to the counsel of the senators, and sufficient liberty to the people, this form of the government cannot be durable.

For when the excessive debts of the citizens had thrown the State into disorder, the people first retired to Mount Sacer, and next occupied Mount Aventine. And even the rigid discipline of Lycurgus could not maintain those restraints in the case of the Greeks. For in Sparta itself, under the reign of Theopompus, the five magistrates whom they term Ephori, and in Crete ten whom they entitle Cosmi, were established in opposition to the royal power, just as tribunes were added among us to counterbalance the consular authority.

XXXIV. There might have been a method, indeed, by which our ancestors could have been relieved from the pressure of debt, a method with which Solon the Athenian, who lived at no very distant period before, was acquainted, and which our senate did not neglect when, in the indignation which the odious avarice of one individual excited, all the bonds of the citizens were cancelled, and the right of arrest for a while suspended. In the same way, when the plebeians were oppressed by the weight of the expenses occasioned by public misfortunes, a cure and remedy were sought for the sake of public security. The senate, however, having forgotten their former decision, gave an advantage to the democracy; for, by the creation of two tribunes to appease the sedition of the people, the power and authority of the senate were diminished; which, however, still remained dignified and august, inasmuch as it was still composed of the wisest and bravest men, who protected their country both with their arms and with their counsels; whose authority was exceedingly strong and flourishing, because in honor they were as much before their fellow-citizens as they were inferior in luxuriousness, and, as a general rule, not superior to them in wealth. And their public virtues were the more agreeable to the people, because even in private matters they were ready to serve every citizen, by their exertions, their counsels, and their liberality.

XXXV. Such was the situation of the Commonwealth when the quaestor impeached Spurius Cassius of being so much emboldened by the excessive favor of the people as to endeavor to make himself master of monarchical power. And, as you have heard, his own father, having said that he had found that his son was really guilty of this crime, condemned him to death at the instance of the people. About fifty-four years after the first consulate, Spurius Tarpeius and Aulus Aternius very much gratified the people by proposing, in the Comitia Centuriata, the substitution of fines instead of corporal punishments. Twenty years afterward, Lucius Papirius and Publius Pinarius, the censors, having by a strict levy of fines confiscated to the State the entire flocks and herds of many private individuals, a light tax on the cattle was substituted for the law of fines in the consulship of Caius Julius and Publius Papirius.

XXXVI. But, some years previous to this, at a period when the senate possessed the supreme influence, and the people were submissive and obedient, a new system was adopted. At that time both the consuls and tribunes of the people abdicated their magistracies, and the decemviri were appointed, who were invested with great authority, from which there was no appeal whatever, so as to exercise the chief domination, and to compile the laws. After having composed, with much wisdom and equity, the Ten Tables of laws, they nominated as their successors in the ensuing year other decemviri, whose good faith and justice do not deserve equal praise. One member of this college, however, merits our highest commendation. I allude to Caius Julius, who declared respecting the nobleman Lucius Sestius, in whose chamber a dead body had been exhumed under his own eyes, that though as decemvir he held the highest power without appeal, he still required bail, because he was unwilling to neglect that admirable law which permitted no court but the Comitia Centuriata to pronounce final sentence on the life of a Roman citizen.

XXXVII. A third year followed under the authority of the same decemvirs, and still they were not disposed to appoint their successors. In a situation of the Commonwealth like this, which, as I have often repeated, could not be durable, because it had not an equal operation with respect to all the ranks of the citizens, the whole public power was lodged in the hands of the chiefs and decemvirs of the highest nobility, without the counterbalancing authority of the tribunes of the people, without the sanction of any other magistracies, and without appeal to the people in the case of a sentence of death or scourging.

Thus, out of the injustice of these men, there was suddenly produced a great revolution, which changed the entire condition of the government, or they added two tables of very tyrannical laws, and though matrimonial alliances had always been permitted, even with foreigners, they forbade, by the most abominable and inhuman edict, that any marriages should take place between the nobles and the commons—an order which was afterward abrogated by the decree of Canuleius. Besides, they introduced into all their political measures corruption, cruelty, and avarice. And indeed the story is well known, and celebrated in many literary compositions, that a certain Decimus Virginius was obliged, on account of the libidinous violence of one of these decemvirs, to stab his virgin daughter in the midst of the forum. Then, when he in his desperation had fled to the Roman army which was encamped on Mount Algidum, the soldiers abandoned the war in which they were engaged, and took possession of the Sacred Mount, as they had done before on a similar occasion, and next invested Mount Aventine in their arms.[327] Our ancestors knew how to prove most thoroughly, and to retain most wisely. * * *

XXXVIII. And when Scipio had spoken in this manner, and all his friends were awaiting in silence the rest of his discourse, then said Tubero: Since these men who are older than I, my Scipio, make no fresh demands on you, I shall take the liberty to tell you what I particularly wish you would explain in your subsequent remarks.

Do so, said Scipio, and I shall be glad to hear.

Then Tubero said: You appear to me to have spoken a panegyric on our Commonwealth of Rome exclusively, though Laelius requested your views not only of the government of our own State, but of the policy of states in general. I have not, therefore, yet sufficiently learned from your discourse, with respect to that mixed form of government you most approve, by what discipline, moral and legal, we may be best able to establish and maintain it.

XXXIX. Africanus replied: I think that we shall soon find an occasion better adapted to the discussion you have proposed, respecting the constitution and conservatism of states. As to the best form of government, I think on this point I have sufficiently answered the question of Laelius. For in answering him, I, in the first place, specifically noticed the three simple forms of government—monarchy, aristocracy, and democracy; and the three vicious constitutions contrary to them, into which they often degenerate; and I said that none of these forms, taken separately, was absolutely good; but I described as preferable to either of them that mixed government which is composed of a proper amalgamation of these simple ingredients. If I have since depicted our own Roman constitution as an example, it was not in order to define the very best form of government, for that may be understood without an example; but I wished, in the exhibition of a mighty commonwealth actually in existence, to render distinct and visible what reason and discourse would vainly attempt to display without the assistance of experimental illustration. Yet, if you still require me to describe the best form of government, independent of all particular examples, we must consult that exactly proportioned and graduated image of government which nature herself presents to her investigators. Since you * * * this model of a city and people[328] * * *

XL. * * * which I also am searching for, and which I am anxious to arrive at.

Laelius. You mean the model that would be approved by the truly accomplished politician?

Scipio. The same.

Laelius. You have plenty of fair patterns even now before you, if you would but begin with yourself.

Then Scipio said: I wish I could find even one such, even in the entire senate. For he is really a wise politician who, as we have often seen in Africa, while seated on a huge and unsightly elephant, can guide and rule the monster, and turn him whichever way he likes by a slight admonition, without any actual exertion.

Laelius. I recollect, and when I was your lieutenant I often saw, one of these drivers.

Scipio. Thus an Indian or Carthaginian regulates one of these huge animals, and renders him docile and familiar with human manners. But the genius which resides in the mind of man, by whatever name it may be called, is required to rein and tame a monster far more multiform and intractable, whenever it can accomplish it, which indeed is seldom. It is necessary to hold in with a strong hand that ferocious[329] * * *

XLI. * * * [beast, denominated the mob, which thirsts after blood] to such a degree that it can scarcely be sated with the most hideous massacres of men. * * *

But to a man who is greedy, and grasping, and lustful, and fond of wallowing in voluptuousness.

The fourth kind of anxiety is that which is prone to mourning and melancholy, and which is constantly worrying itself.

[The next paragraph, "Esse autem angores," etc., is wholly unintelligible without the context.]

As an unskilful charioteer is dragged from his chariot, covered with dirt, bruised, and lacerated.

The excitements of men's minds are like a chariot, with horses harnessed to it; in the proper management of which, the chief duty of the driver consists in knowing his road: and if he keeps the road, then, however rapidly he proceeds, he will encounter no obstacles; but if he quits the proper track, then, although he may be going gently and slowly, he will either be perplexed on rugged ground, or fall over some steep place, or at least he will be carried where he has no need to go.[330]

XLII. * * * can be said.

Then Laelius said: I now see the sort of politician you require, on whom you would impose the office and task of government, which is what I wished to understand.

He must be an almost unique specimen, said Africanus, for the task which I set him comprises all others. He must never cease from cultivating and studying himself, that he may excite others to imitate him, and become, through the splendor of his talents and enterprises, a living mirror to his countrymen. For as in flutes and harps, and in all vocal performances, a certain unison and harmony must be preserved amidst the distinctive tones, which cannot be broken or violated without offending experienced ears; and as this concord and delicious harmony is produced by the exact gradation and modulation of dissimilar notes; even so, by means of the just apportionment of the highest, middle, and lower classes, the State is maintained in concord and peace by the harmonic subordination of its discordant elements: and thus, that which is by musicians called harmony in song answers and corresponds to what we call concord in the State—concord, the strongest and loveliest bond of security in every commonwealth, being always accompanied by justice and equity.

XLIII. And after this, when Scipio had discussed with considerable breadth of principle and felicity of illustration the great advantage that justice is to a state, and the great injury which would arise if it were wanting, Pilus, one of those who were present at the discussion, took up the matter and demanded that this question should be argued more carefully, and that something more should be said about justice, on account of a sentiment that was now obtaining among people in general, that political affairs could not be wholly carried on without some disregard of justice.

XLIV. * * * to be full of justice.

Then Scipio replied: I certainly think so. And I declare to you that I consider that all I have spoken respecting the government of the State is worth nothing, and that it will be useless to proceed further, unless I can prove that it is a false assertion that political business cannot be conducted without injustice and corruption; and, on the other hand, establish as a most indisputable fact that without the strictest justice no government whatever can last long.

But, with your permission, we have had discussion enough for the day. The rest—and much remains for our consideration—we will defer till to-morrow. When they had all agreed to this, the debate of the day was closed.

* * * * *



INTRODUCTION TO THE THIRD BOOK,

BY THE ORIGINAL TRANSLATOR.

Cicero here enters on the grand question of Political Justice, and endeavors to evince throughout the absolute verity of that inestimable proverb, "Honesty is the best policy," in all public as well as in all private affairs. St. Augustine, in his City of God, has given the following analysis of this magnificent disquisition:

"In the third book of Cicero's Commonwealth" (says he) "the question of Political Justice is most earnestly discussed. Philus is appointed to support, as well as he can, the sophistical arguments of those who think that political government cannot be carried on without the aid of injustice and chicanery. He denies holding any such opinion himself; yet, in order to exhibit the truth more vividly through the force of contrast, he pleads with the utmost ingenuity the cause of injustice against justice; and endeavors to show, by plausible examples and specious dialectics, that injustice is as useful to a statesman as justice would be injurious. Then Laelius, at the general request, takes up the plea for justice, and maintains with all his eloquence that nothing could be so ruinous to states as injustice and dishonesty, and that without a supreme justice, no political government could expect a long duration. This point being sufficiently proved, Scipio returns to the principal discussion. He reproduces and enforces the short definition that he had given of a commonwealth—that it consisted in the welfare of the entire people, by which word 'people' he does not mean the mob, but the community, bound together by the sense of common rights and mutual benefits. He notices how important such just definitions are in all debates whatever, and draws this conclusion from the preceding arguments—that the Commonwealth is the common welfare whenever it is swayed with justice and wisdom, whether it be subordinated to a king, an aristocracy, or a democracy. But if the king be unjust, and so becomes a tyrant; and the aristocracy unjust, which makes them a faction; or the democrats unjust, and so degenerate into revolutionists and destructives—then not only the Commonwealth is corrupted, but in fact annihilated. For it can be no longer the common welfare when a tyrant or a faction abuse it; and the people itself is no longer the people when it becomes unjust, since it is no longer a community associated by a sense of right and utility, according to the definition."—Aug. Civ. Dei. 3-21.

This book is of the utmost importance to statesmen, as it serves to neutralize the sophistries of Machiavelli, which are still repeated in many cabinets.



BOOK III.

I. * * *[331] Cicero, in the third book of his treatise On a Commonwealth, says that nature has treated man less like a mother than a step-dame, for she has cast him into mortal life with a body naked, fragile, and infirm, and with a mind agitated by troubles, depressed by fears, broken by labors, and exposed to passions. In this mind, however, there lies hidden, and, as it were, buried, a certain divine spark of genius and intellect.

Though man is born a frail and powerless being, nevertheless he is safe from all animals destitute of voice; and at the same time those other animals of greater strength, although they bravely endure the violence of weather, cannot be safe from man. And the result is, that reason does more for man than nature does for brutes; since, in the latter, neither the greatness of their strength nor the firmness of their bodies can save them from being oppressed by us, and made subject to our power. * * *

Plato returned thanks to nature that he had been born a man.

II. * * * aiding our slowness by carriages, and when it had taught men to utter the elementary and confused sounds of unpolished expression, articulated and distinguished them into their proper classes, and, as their appropriate signs, attached certain words to certain things, and thus associated, by the most delightful bond of speech, the once divided races of men.

And by a similar intelligence, the inflections of the voice, which appeared infinite, are, by the discovery of a few alphabetic characters, all designated and expressed; by which we maintain converse with our absent friends, by which also indications of our wishes and monuments of past events are preserved. Then came the use of numbers—a thing necessary to human life, and at the same time immutable and eternal; a science which first urged us to raise our views to heaven, and not gaze without an object on the motions of the stars, and the distribution of days and nights.

III. * * *[332] [Then appeared the sages of philosophy], whose minds took a higher flight, and who were able to conceive and to execute designs worthy of the gifts of the Gods. Wherefore let those men who have left us sublime essays on the principles of living be regarded as great men—which indeed they are—as learned men, as masters of truth and virtue; provided that these principles of civil government, this system of governing people, whether it be a thing discovered by men who have lived amidst a variety of political events, or one discussed amidst their opportunities of literary tranquillity, is remembered to be, as indeed it is, a thing by no means to be despised, being one which causes in first-rate minds, as we not unfrequently see, an incredible and almost divine virtue. And when to these high faculties of soul, received from nature and expanded by social institutions, a politician adds learning and extensive information concerning things in general, like those illustrious personages who conduct the dialogue in the present treatise, none will refuse to confess the superiority of such persons to all others; for, in fact, what can be more admirable than the study and practice of the grand affairs of state, united to a literary taste and a familiarity with the liberal arts? or what can we imagine more perfect than a Scipio, a Laelius, or a Philus, who, not to omit anything which belonged to the most perfect excellence of the greatest men, joined to the examples of our ancestors and the traditions of our countrymen the foreign philosophy of Socrates?

Wherefore he who had both the desire and the power to acquaint himself thoroughly both with the customs and the learning of his ancestors appears to me to have attained to the very highest glory and honor. But if we cannot combine both, and are compelled to select one of these two paths to wisdom—though to some people the tranquil life spent in the research of literature and arts may appear to be the most happy and delectable—yet, doubtless, the science of politics is more laudable and illustrious, for in this political field of exertion our greatest men have reaped their honors, like the invincible Curius,

Whom neither gold nor iron could subdue.

IV. * * *[333] that wisdom existed still. There existed this general difference between these two classes, that among the one the development of the principles of nature is the subject of their study and eloquence, and among the other national laws and institutions form the principal topics of investigation.

In honor of our country, we may assert that she has produced within herself a great number, I will not say of sages (since philosophy is so jealous of this name), but of men worthy of the highest celebrity, because by them the precepts and discoveries of the sages have been carried out into actual practice. And, moreover, though there have existed, and still do exist, many great and glorious empires, yet since the noblest masterpiece of genius in the world is the establishment of a state and commonwealth which shall be a lasting one, even if we reckon but a single legislator for each empire, the number of these excellent men will appear very numerous. To be convinced of this, we have only to turn our eyes on any nation of Italy, Latium, the Sabines, the Volscians, the Samnites, or the Etrurians, and then direct our attention to that mighty nation of the Greeks, and then to the Assyrians, Persians, and Carthaginians, and[334] * * *

V. * * * [Scipio and his friends having again assembled, Scipio spoke as follows: In our last conversation, I promised to prove that honesty is the best policy in all states and commonwealths whatsoever. But if I am to plead in favor of strict honesty and justice in all public affairs, no less than in private, I must request Philus, or some one else, to take up the advocacy of the other side; the truth will then become more manifest, from the collision of opposite arguments, as we see every day exemplified at the Bar.]

And Philus replied: In good truth, you have allotted me a very creditable cause when you wish me to undertake the defence of vice.

Perhaps, said Laelius, you are afraid, lest, in reproducing the ordinary objections made to justice in politics, you should seem to express your own sentiments; though you are universally respected as an almost unique example of the ancient probity and good faith; nor is it unknown how familiar you are with the lawyer-like habit of disputing on both sides of a question, because you think that this is the best way of getting at the truth.

And Philus said: Very well; I obey you, and wilfully, with my eyes open, I will undertake this dirty business; because, since those who seek for gold do not flinch at the sight of the mud, so we who are searching for justice, which is far more precious than gold, are bound to shrink from no annoyance. And I wish, as I am about to make use of the antagonist arguments of a foreigner, I might also employ a foreign language. The pleas, therefore, now to be urged by Lucius Furius Philus are those [once employed by] the Greek Carneades, a man who was accustomed to express whatever [served his turn].[335] * * *[336]Let it be understood, therefore, that I by no means express my own sentiments, but those of Carneades, in order that you may refute this philosopher, who was wont to turn the best causes into joke, through the mere wantonness of wit.

VI. He was a philosopher of the Academic School; and if any one is ignorant of his great power, and eloquence, and acuteness in arguing, he may learn it from the mention made of him by Cicero or by Lucilius, when Neptune, discoursing on a very difficult subject, declares that it cannot be explained, not even if hell were to restore Carneades himself for the purpose. This philosopher, having been sent by the Athenians to Rome as an ambassador, discussed the subject of justice very amply in the hearing of Galba and Cato the Censor, who were the greatest orators of the day. And the next day he overturned all his arguments by others of a contrary tendency, and disparaged justice, which the day before he had extolled; speaking not indeed with the gravity of a philosopher whose wisdom ought to be steady, and whose opinions unchangeable, but in a kind of rhetorical exercise of arguing on each side—a practice which he was accustomed to adopt, in order to be able to refute others who were asserting anything. The arguments by which he disparaged justice are mentioned by Lucius Furius in Cicero; I suppose, since he was discussing the Commonwealth, in order to introduce a defence and panegyric of that quality without which he did not think a commonwealth could be administered. But Carneades, in order to refute Aristotle and Plato, the advocates of justice, collected in his first argument everything that was in the habit of being advanced on behalf of justice, in order afterward to be able to overturn it, as he did.

VII. Many philosophers indeed, and especially Plato and Aristotle, have spoken a great deal of justice, inculcating that virtue, and extolling it with the highest praise, as giving to every one what belongs to him, as preserving equity in all things, and urging that while the other virtues are, as it were, silent and shut up, justice is the only one which is not absorbed in considerations of self-interest, and which is not secret, but finds its whole field for exercise out-of-doors, and is desirous of doing good and serving as many people as possible; as if, forsooth, justice ought to exist in judges only, and in men invested with a certain authority, and not in every one! But there is no one, not even a man of the lowest class, or a beggar, who is destitute of opportunities of displaying justice. But because these philosophers knew not what its essence was, or whence it proceeded, or what its employment was, they attributed that first of all virtues, which is the common good of all men, to a few only, and asserted that it aimed at no advantage of its own, but was anxious only for that of others. So it was well that Carneades, a man of the greatest genius and acuteness, refuted their assertions, and overthrew that justice which had no firm foundation; not because he thought justice itself deserving of blame, but in order to show that those its defenders had brought forward no trustworthy or strong arguments in its behalf.

Justice looks out-of-doors, and is prominent and conspicuous in its whole essence.

Which virtue, beyond all others, wholly devotes and dedicates itself to the advantage of others.

VIII. * * * Both to discover and maintain. While the other, Aristotle, has filled four large volumes with a discussion on abstract justice. For I did not expect anything grand or magnificent from Chrysippus, who, after his usual fashion, examines everything rather by the signification of words than the reality of things. But it was surely worthy of those heroes of philosophy to ennoble by their genius a virtue so eminently beneficent and liberal, which everywhere exalts the social interests above the selfish, and teaches us to love others rather than ourselves. It was worthy of their genius, we say, to elevate this virtue to a divine throne, not far from that of Wisdom. And certainly they neither wanted the will to accomplish this (for what else could be the cause of their writing on the subject, or what could have been their design?) nor the genius, in which they excelled all men. But the weakness of their cause was too great for either their intention or their eloquence to make it popular. In fact, this justice on which we reason is a civil right, but no natural one; for if it were natural and universal, then justice and injustice would be recognized similarly by all men, just as the heat and cold, sweetness and bitterness.

IX. Now, if any one, carried in that chariot of winged serpents of which the poet Pacuvius makes mention, could take his flight over all nations and cities, and accurately observe their proceedings, he would see that the sense of justice and right varies in different regions. In the first place, he would behold among the unchangeable people of Egypt, which preserves in its archives the memory of so many ages and events, a bull adored as a Deity, under the name of Apis, and a multitude of other monsters, and all kinds of animals admitted by the same nation into the number of the Gods.

In the next place, he would see in Greece, as among ourselves, magnificent temples consecrated by images in human form, which the Persians regarded as impious; and it is affirmed that the sole motive of Xerxes for commanding the conflagration of the Athenian temples was the belief that it was a superstitious sacrilege to keep confined within narrow walls the Gods, whose proper home was the entire universe. But afterward Philip, in his hostile projects against the Persians, and Alexander, who carried them into execution, alleged this plea for war, that they were desirous to avenge the temples of Greece, which the Greeks had thought proper never to rebuild, that this monument of the impiety of the Persians might always remain before the eyes of their posterity.