The works of the famous Nicholas Machiavel, citizen and secretary of Florence written originally in Italian, and from thence newly and faithfully translated into English.

CHAP. XL.

The creation of the Decem-virat in Rome; what things are most remarkable in it; and how far such a Constitution may be useful or pernicious to a Common∣wealth.

BEfore we discourse of the troubles and commotions which hapned in Rome by means of the Decem-virat, it will not be amiss to give a short history of its Creation, in which there are many things well worthy our remark, as well for the preservation as de∣struction of a State; and this discourse will remonstrate the errors both of the Senate and People in prejudice to the liberty, and of Appius (chief of the Decem-viri) against that tyranny which he design'd to erect. The Romans therefore after a long debate betwixt the Nobility and People about the Constitution of such Laws as might settle and establish the liberty of their State, by common consent, sent to Athens Spurius Posthumus, with two other persons, for exemplifications of such Laws as Solon had made there, that thereby they might model their own. As soon as they were returned they chose certain learned and grave men to peruse the said Laws, and select such as they thought convenient for the Ro∣mans. The persons created for this office were ten of the principal Citizens (with Com∣mission for a year) among whom, Appius Claudius was one, a witty, but a turbulent man. And that they might act freely, without any awe or impediment in their affairs, they laid aside all the other Magistrates, (in particular the Tribunes and Consuls) and forbad all appeal to the people; so that this Magistracy were compleat Soveraigns in Rome. Not long after Appius assumed the whole authority of the ten, his Companions paying a reverence, as their Superior, by reason of his interest with the people; for he had made himself so popular on a sudden, it was almost a miracle to consider how soon his nature was changed, and he of their only cruel and fierce adversary become their greatest Courtier and Favourite.

The first year all went very well, and he who presided marched only with twelve Li∣ctors before him; when any Citizen was to be tried for murder, they framed the Process, but appointing a day, left it to be judged by the people, though their jurisdiction was So∣veraign, and without any appeal. They writ their Laws in ten Tables, but before they were ratified they exposed them to the people that every man might see them at his plea∣sure, and approve or object as he saw occasion. When Appius perceived the end of his Commission approaching, he caused it to be rumoured among the people, that to compleat all, and give perfection to their designs, it would be convenient to add two Tables more to their Ten, in order to which the common people consented that the Decem-virat should be continued for a year; and they did it with the more readiness, that neither the Consuls nor Tribunes might be restored, but Causes be left to their own judgment, as is said before. A day being appointed for a new creation, 'tis not to be imagined how all the Nobility stickled, and endeavoured to gain that honour which they had so stifly impugned by their applica∣tions to the people, whom they had so highly provoked. But among them all, none was so solicitous for the continuation of the Decem-virat, as Appius Claudius who pressed it of the people with so much instance and humanity, that he began to be suspected by his asso∣ciates, Credebant enim haud gratuitam in tanta superbia Comitatem fore; They could not imagine a person of his pride would stoop to such flatterry without some great design: that they might defeat neatly, and with cunning, what they could not do by force; though he was the youngest of them all, they committed the nomination of the next ten to him, suppo∣sing he would have observed ancient rules, and not named himself, which was a practice of no use nor reputation in Rome, Ille verb impedimentum, pro occasione arripuit he spoil'd their Plot made advantage of their impediment, and named himself among the foremost, to the amazement and displeasure of all the Nobility.

This Creation was no sooner over, but both Nobility and People began to be sensible of their error; for, as was said of him, Finem fecit ferendae alienae personae, Appius began to shew himself, and lay aside the disguise he had put on: he began to act according to his own natural pride, and in a little time had made his Collegues as bad as himself. To terrifie the Senate and people both, the first day of their Magistracy they multiplied their Lictors to 120, whereas formerly they had but 12, which were carried before every one of them by turns, but now every one of them had as many. This terror for some time was equally diffused, but afterwards they began to favour the Nobility, and insult upon the people only; and if any of the people that had been injured by any of the Decem-viri, and had no right done him by the first, to whom he addressed, if he appeal'd to another, he was sure to be worse;

insomuch as the people finding their error, began in their affliction to look upon the No∣bility; Et inde libertatis captari auram, unde servitutem timendo, in eum statum rempub∣licam adduxerant; and from thence hope for their liberty, from where their apprehension of servitude had brought their Commonwealth into the condition in which it was.

And this affliction in the people was no little satisfaction to the Nobility, Ut ipsi taedio praesentium, Consules desiderarent; that the tediousness of their sufferings might make them restore their Consuls. By this time their years was expired, and the two Tables to be added to the ten, both ready, and wanted nothing but publication; the Decem-viri had no mind to lay down, but began to think of continuing their authority by force, to which end they raised themselves Guards out of the young Nobility, and paid them out of the Estates of those who were condemned. Quibus donis juventus corrumpebatur, & malebat licentiam su∣am, quam omnium libertatem; by which preferment the youth were debauched, and chose rather to be licentious themselves than that their Country should be free.

Whilst things were in this posture, the Sabini and the Volsci made War upon the Romans and invaded them with a great Army. The Romans were in great consternation and the Decem-viri began to find the weakness of their Government, for without a Senate they were at a loss to manage their War; and with it their authority would be supplanted. But being necessitated at last, they came to a resolution, and resembled the Senate. Many speeches were made against the Decem-viri, in particular by Valerius and Horatius; and doubtless their authority had been utterly exploded, but that the Senate; in spight to the people, chose rather to continue them, lest, if they were deposed, the people should set up their Tribunes, and the Consuls be quite laid aside; whereas, if afterwards the Decem-viri could be brought fairly to lay down, by degrees the Consuls might be restored, and the Tri∣bunes be cashiered. Hereupon the Senate silently, without further prosecution of them, prepared for the War, and sent forth two Armies under the Command of several of the Ten, but Appius Claudius was left behind for the Government of the City. Whilst his Collegues were abroad, it was his fortune to fall in love with a Plebeian's daughter called Virginia, and not being able to persuade, he would take her away by force; Virginius the Father of the Virgin was willing to defend the chastity of his Daughter, and knowing no other way to secure it, he got Appius to be imprisoned: whereupon great tumults suc∣ceeding in Rome, and in the Army, the Souldiers returned, and joyning with the people they encamped upon the holy Mountain, where they resolved to continue till the Ten had resigned, Tribunes and Consuls were restored, and the Commonwealth had recovered its old liberty and freedom. This is the story of the Decem-virat, as shortly related as could be, in which it may be observed, that the people of Rome fell into subjection and servitude upon the same causes as other Commonwealths very frequently do; that is, by the too great desire of the people to be free, and the too great ambition in the Nobility of Com∣mand: when these two Factions cannot agree, they are forced to refer all to some third person in whom they confide; and then begins the Tyranny. The Decem-virat was ere∣cted in Rome by consent both of the Nobility and People, and invested with so much pow∣er, out of a hatred which the Nobility bare to the Tribunitial, and the people to the Con∣sular authority: as soon as the Decem-viri were chosen, Appius pretended highly for the people, and promised to be their Champion, whereupon they favoured him exceedingly. And (be it in what City it will) whenever the people are brought to extol and applaud a person, for no other reason, but because it is in his power to punish their enemies; if that person be cunning and industrious, their liberty is lost, and he can usurp when he pleases; for by the assistance of the people he may master the Nobility; and when they are down, it will be no hard matter to subdue the people, who will have no body to fly to, nor no body to support them: but before the Nobility be suppressed, he is by no means to meddle with the people. And this has been the method of all those who have laid the foundation of Tyranny in any Commonwealth; which if Appius had followed, he had not lost his ill∣got authority so soon: but he went quite contrary, and with as much imprudence as was possible, ran himself into the displeasure of the same persons which advanced him; and ingratiated with those who were against his preferment, and were no way able to sustain him, whereby he lost his old friends who were powerful, and endeavoured to get new that could do him no good. For though the Nobility have naturally no aversion to Tyranny; yet that part of the Nobility which shares not in the profits is always an enemy to the Ty∣rant, and their ambition and avarice is so great, all the riches and honours in the Tyrants disposal are too little to take them off. Hence it is that the aggressor in any enterprize is of necessity to be stronger than his adversary; and he who in the establishment of a Ty∣ranny makes the people rather than the Nobility his friends, will be stronger and more se∣cure than he who goes the other way, cajoles with the Nobility, and disobliges the People:

for the people being always stronger in the City, by their friendship, a Tyrant may subsist without any foreign supplies. This was visible in the case of Nabis the Tyrant of Sparta, who having the affections of the people, and secured himself of some of the Nobility, defended himself against all Greece, and the whole power of the Romans, which without the hearts of the people he could never have done. But he who makes his interest with the Nobility, cannot maintain himself without foreign assistance; for he will want Guards for th•• security of his person, Souldiers to do the Office of the Militia in the Country, and Confederates and Allies to succour him in his distress; whereas if he could be supplyed in these three defects, it might be possible for him to subsist without the friendship of the people. But Appius failing in these, miscarried in the very beginning of his Ty∣ranny.

In the creation of the Decem-virat the Senate and the People were guilty of very great error; for though in our discourse of Dictators we have said before, that those Magistrates only are pernitious to the publick liberty, who set up themselves by force, not they who are legally chosen and by the suffrage of the people; yet the people are to take special care in the election of their Magistrates, that they may not easily usurp. But the Romans instead of placing Guards about their Decem-viri that might have kept them in order, they not only took their Guards away, but displaced all the rest of their Magistrates, and made them absolute for that year, and all out of a design to countermine one another; the Nobility to suppress the Tribunes, and the people the Consuls. So that it hapned to them, as Fer∣dinand King of Arragon was wont to say it hapned to men that hated one another; that is, that they acted like birds of prey, all of them pursuing the quarry with equal rapacity; but the little birds not regarding the greater over their heads, are easily interrupted, and made prey themselves. But we have said enough to demonstrate the ill Counsel of the Romans in thinking to preserve their liberty by the creation of the Decem-virat, and the errors of Appius in driving at the Soveraignty, and miscarrying so soon.