Machivael's [sic] discourses upon the first decade of T. Livius, translated out of the Italian. To which is added his Prince. With some marginal animadversions noting and taxing his errors. By E.D.

CHAP. XXXVII.

VVhat distaste the Agrarian law gave in Rome, and that it is very offensive to make a law in a Commonwealth, that lookes far backwards, and yet goes directly against an ancient custome of the Citie.

IT is an opinion of the ancient writers, that men are wont to vex themselves in their crosses, and glut and cloy themselves in their prosperi∣ty; and that from the one and the other of these two passions proceede the same affects: for at what time soever men are freed from fighting for necessity, they are presently together by the ears through ambition; which is so powerfull in mens hearts, that to what degree fo••ver they arise, it never abandons them. The reason is, because nature hath created men in such a sort, that they can desire every thing, but not attaine to it. So that the desire of getting being grea∣ter then the power to get, thence growes the dislike of what a man injoyes, and the small satisfaction a man hath thereof. Hereupon arises the change of their states, for some men desir∣ing to have more, and others fearing to lose what have they already, they procede to enmities and warre, from whence comes the destruction of one country, and the advantage of another. This discourse I have made, because it suffis'd not the Commons of Rome, to secure them∣selves from the Nobility by creating the Tri∣buns, to which desire they were forc'd by ne∣necessity;

but that they suddenly, upon the obteining thereof began to contend out of ambition, and thinke to share equally with the nobility both in honours and fortunes, as the things that are in most value with men. Where∣upon grew that disease that brought forth the quarrell touching the Agrarian law. And in conclusion, caus'd the destruction of the Ro∣man Republique. And because Commonwealths well ordered are to maintain the publique wealthy, and the particulars poore, it is likely there was in Rome some defect in this law, which either was not so exactly fram'd at the beginning, but that every day it had need of some revising and amending; or that the making of it was so long put off, that it became scandalous to look so farre backwards; or that being well instituted at first, in time it grew by use corrupt. So in what manner soever it were, that law was never mention'd in Rome, but that the whole city was in a tumult. This law had two principall heads. By one they order'd that no citizen could possesse more then so many acres of ground: by the other, that the lands which they tooke from their enemies should be divided among the people of Rome. It came therefore to thwart the Nobility two manner of wayes; because they that had the greatest states in pos∣sessio, were not permitted by thelaw who were the greater part of the Nobility; and there upon ought not to injoy it: and when the enemies goods should be divided among the common people, they tooke from the Nobility the meanes to grow rich. These quarrells then being taken up against potent persons, and they by their resistance thinking to defend the publique, whensoever (as it is said) mention

was made of this law, the whole city was in an uproare; and the Nobility wrought it out with patience and with diligence, either by drawing an army forth into the field, or by opposing another Tribune against him that propounded it, or sometimes by yeelding a part, or else by sending a Colony into that place which was to be divided, as it befell them of the Country of Antium, for which upon a dispute touching this law, there was a Colony drawne out of Rome and sent into this place, unto whom the said County was consign'd. Where Titus Livius uses a notable kind of speech, saying, that with much adoe they found any one in Rome, that would give in their names to go to the said Colony, the people being rather desirous of these ad∣vantages in Rome, then to go and injoy them in Antium. And the quarrell touching this law continued a good while, till the Romans tran∣sported their armes into the uttermost parts of Italy, and likewise out of Italy. After which, as it seemes, it ceas'd: which so fell out, because the fields, which the enemies of Rome posses∣sed, were farre apart from the peoples sight, and in a place where it was not safe to come to cultivate them, and therefore grew they lesse desirous of them, and the Romans also did lesse use to punish their enemies in that manner. And when they did dispossess any towne of the territory, they there distributed Colonies, so that upon such reasons this law was laid asleepe till the Gracchies time, by whom it being after∣wards awaked, quite ruin'd the Roman liberty. For they found their adversaries strength doubled; and hereupon kindled such a hatred betweene the people, and the Senate, that they came to blowes and to bloud without civill

meane, or order. So that the publique magistrates having no power to give remedy hereto, nor either of the factions relying on them, they sought private helpes, each party thinking to make a head should defend them. In this quar∣rell, and disorder, the people chose Marius, and made him foure times Consull; and so long he continued his Consulship, with small interva's, that he had power of his owne selfe to make himselfe thrice more Consul. Against which pestilence the Nobility having no other reme∣dy, began to favour Sylla; and having made him head of their faction, they came to civill warres, and after much bloodshed and change of chance, the Nobility remain'd conquerer These quarrells were anew reviv'd in Caesar and Pompeyes time; for Caesar being made head of Marius his party, and Pompey of Syllaes, coming to fight, Caesar remain'd victour; who was the first tyrant in Rome, (so that that city never after injoy'd her liberty, such beginning then, and end had the Agrarian law. And although we shew'd other where, how the discords of Rome between the Senat and the People preserv'd Romes liberty, because they sprung from those lawes in favor of liberty, and therefore the end of this Agrarian law may seeme disagreeing to such a conclusion; yet I say, that upon this I no way change my opinion; for so great is the Nobilities ambition, that if by divers wayes and sundry meanes it were not abated in a city, it would suddenly bring that city to destruction: so that if the strife touching the Agrarian law had much adoe in three hundred yeares to in∣thrall Rome; it is like enough it would have bin brought much sooner into servitude, when the people both with this law, and also with their

other humours, had not alwayes bridled the Nobilities ambition. We see by this also, how much men esteeme wealth rather then honours, because the Nobility of Rome, if it toucht mat∣ter of honour, ever gave way to the people with∣out any extraordinary distasts: but when it concern'd their wealth, so obstinatly did they defend it, that the people to vent their hum∣our had their recourse to those extravagant wayes that are above discours'd of. The Au∣thors of which disorder were the Gracchi, whose intention ought to be commended, rather then their discretion. For to take away a disorder grown in a Commonwealth, and hereupon to make a law that lookes faire backwards, is a course ill advis'd of; and (as formely it hath been said at large) it doth nothing else but hasten that evill to which the disorder guides thee; but giving way to the time some what, either the mischiefe comes slower, or of it selfe at length before it comes to the upshot) goes out