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If those cities that have had their beginning free, as Rome, have found difficulty to make lawes that can maintain them; so those that have had their beginning immediatly servile, find almost an impossibility of it.
How hard a thing it is, in the ordering of a Republique to make provision of all such
laws as may keep it free, the proceedings of the Roman Republique does well shew; Where notwithstanding that many lawes were made first by R••mulus, after by Numa, Tullus Ho∣stilius, and Servius, and last by the ten Citizens created for the like work, nevertheless alwaies in the managing of that city new necessities were discover'd, and it was needfull to make new laws: as it befell when they created the Censours, which was one of those orders that help'd to keep Rome free at that time when she liv'd in liberty: for being made Arbiters of the fashions and manners of Rome, they were a special occasion that Rome held off so long from being corrupted. Indeed in the beginning of that Magistracy they committed one error creating it for five years: but not long after wards it was amended by the wisdome of Ma∣mercus the Dictator, who, by a new law he made, reduc'd the said magistracy to the terms of eighteen moneths. Which the Censour, that were then in office took so much a miss that they put Mamercus out of the Senate' which thing was much blam'd both by the peo∣ple and the fathers. And because the story shews not any where, that Mamercus could de∣fend himself, it must needs be, that either the historian was defective, or the laws of Rome in this part not perfect: for it is not well, that in a Commonwealth it should so be ordein'd, that a citizen for publishing a law agreeable to the liberty they liv'd in, should be wrong'd without any remedy, But returning to the be∣ginning of this discourse; I say, that a man ought to consider by the creation of this new magistrate, that if those cities that have had their beginnings free, and were under their
own government, as Rome, with much adoe can find out good laws to maintain them free, it is no marvel, that those cities which have had their beginnings immediatly servile, have not found not onely difficulty, but impossibi∣ty ever so to order themselves, that they can quietly come to a civil government, as appears it befell the city of Florence, because her be∣ginning was in Subjection to the Roman Em∣pire, and having gotten leisure to breathe, be∣gan to make her own laws, which having bin mingled with the ancient, that were naught, could not work any good effect, and thus she proceeded in a government for 200 years (as we have by certain relations) without ever at∣taining to such a condition, that she could truly be term'd a Republique: and these difficulties which she hath had, have those Cities alwaies had whose beginnings have bin like hers And though many times by publique and free voi∣ces ample authority hath bin given to some few Citizens to reforme this, yet never have they order'd it to the advantage of the pub∣lique, but to serve the turn of their own facti∣on, which hath caus'd more disorder, then or∣der in the City. And to come to some parti∣cular example, I say, among other things which he that ordains a Republique should consider, is, that he well advise to what men he gives the power of life and death over his Ci∣tizens. This was well provided for in Rome; for by ordinary course they might appeal to the people: yet if there were any occasion of importance, where, to delay execution, by means of the appeal, was dangerous, they had the help of a Dictator, who had power immediatly to execute; which remedy they
never us'd, but upon necessity. But Florence and other Cities beginning as she did, that is servile, had this authority committed alwaies to a stranger, who was sent by the Prince, to this purpose. When afterwards they be∣came free, they continued this authority in a stranger, whom they called their Captain. Which thing, because he might easily be cor∣rupted by the potent Citizens, was very per∣nicious. But afterwards this order chagning upon the alteration of the states, they ordai∣ned eight Citizens, to supply the Captains place. Which order of evil became very evil, for the reasons we have otherwhere alleadged, that a few are alwaies servants of a few, and especially of the most wealthy: from which the City of Veuice is well guarded, which hath ten citizens, who have power to punish any Citizen without appeal: and because they would not be of sufficient force to punish those that are potent, though they have the authority they have ordained the Quarantie, or council of forty: and besides, they have taken care, that the council of the Pregai, which is the chiefer council, may punish them: so that, where there is no want of an accuser, they are never destitute of a Judge, to restrain the great mens insolency. There is then no marvail (see∣ing that in Rome order'd by it self, and by so many sage persons, there grew every day new occasions, whereupon new lawes were to be made in favor of the Common liberty) if in other Cities which have had their beginnings more disordered, there arise such difficulties that put them quite past all recovery.