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CHAP. XLIX.
If those Cities which have been free from their foundation (as Rome) have found it difficult to contrive such Laws as might maintain them so. Those which have been always servile, will find it almost impossible.
THe Government of Rome, and its affairs abroad and at home, do sufficiently show how hard it is to establish such Laws in a Commonwealth as my preserve it always in a good and quiet Estate. It had first Romulus, then Numa, Tullus Hostilius, Servius, and others, who employed their industry and capacity to regulate it well, and prescribe good Laws; after which, ten Citizens were created on purpose, and yet new difficulties arose every day, which required new remedies: One of their great expedients (which indeed contributed much to the incorruption of that City) was the creation of the Censors, to correct the exorbitances, splendor, and ill husbandry of the Citizens; and although in the beginning it was with some inconsideration decreed that those Officers should be created for five years, yet by the prudence of Mamercus the Dictator, that error was afterwards re∣ctifyed, and the time of their continuance reduced to 18 months, which disgusted the then Censors so highly, that they found means to turn Mamercus out of the Senate, to the great regret, both of the Senators and people. And because the History does not show how Mamercus defended himself, it must needs be the neglect of the Historian, or the defect of the Laws; for it is not to be thought that in a perfect Commonwealth, a Citi∣zen should be so ill treated for promu••ging a Law so much for the security of their liberty, and his innocence left without sanctuary or protection. But to return to my design, I say, it is not to be admired if Cities conceived, and born, and brought up all along in servitude, find so much difficulty to regulate, and preserve themselves in tranquility and peace (as was to be seen in Florence) when Rome and other States (which have been free from the beginning) have scarce been able to do it. Florence was in Subjection to the Roman Em∣pire, and governed by other people, so long that it had searce any hopes of ever being free. Afterwards having time to breath, it began to look up, and make Laws for it self, but mingling them with their old Laws, which were bad, they did them no good. For two hundred years together their Government was in this manner, so that it was scarce wor∣thy the name of a Commonwealth. And the same inconveniencies have been incident to all Cities whose beginnings have been servile like that. And though the Florentines did many times by publick and free suffrage transfer an Authority upon a few of their princi∣pal Citizens, to examine and reform all things; yet those few regarded not so much the common enterest and liberty, as their own private design and advantage in the whole man∣ner of their proceedings; which was so far from producing any order or settlement as was intended, that it augmented the disorder, and made things worse than before. To pass by other things which are likewise to be observed, I say that in every Commonwealth it is particularly to be considered in whose hands the Cognizance of Capital offences is placed, and who has the execution of the Sanguinary Laws: This was well ordered in Rome, an appeal lying to the people from all the courts and Magistrates of the City; and if at any time by that appeal, the delay of execution became dangerous to the State, they had recourse to the Dictator, who commanded execution immediately; but they never made use of their refuge, but in extream necessity.
But Florence, and other Cities born in servitude and Subjection, had not the benefit of such an Officer, but were governed by strangers upon whom the Prince had transferred his Authority; which Custom they kept up, after they had made themselves free, and con∣tinued the same Authority in a Foreigner, whom they called their Captain, which was a dangerous thing, considering how easily he might be corrupted by the better sort of the Citizens: Afterwards the Custom changed with the revolutions of State; and eight Citizens were created to do the Office of the Captain, which alteration proved much for the worse, for (as I said before) a few men prefer'd to the government, are always liable to be caressed and cajoled by the Nobility, to the prejudice of the people. Against which inconvenience, Venice provided very well, where there is a Council of Ten, which can punish any Citizen whatever without any appeal; yet for fear they should not be sufficient (though they have authority enough) for the punishment of persons of more than ordi∣nary quality, they have constituted the Quarantie to assist them, and the Council of Pregui besides, which is the highest Council of that City; so that if any man will accuse, there are judges enough ready to hear him. If therefore in Rome which was originally free, and