BOOK II.

I. Perceiving them all now eager to listen to him, Scipio thus began to

speak. “It was old Cato, to whom as you know I was singularly attached,

and whom I admired in the highest degree: to whom, either through the

advice of both my parents, or from my own prepossession, I devoted

myself entirely from my youth; whose conversation never could satiate

me. Such was the experience of the man in public affairs, which he had

for a long time successfully conducted in peace and war. His manner of

speaking too, a facetiousness mixed with gravity: his constant desire

also to improve himself and others; indeed his whole life in harmony

with his maxims. He was wont to say, that the condition of our country

was pre-eminent above all others for this cause. That among other

people, individuals generally had respectively constituted the

government by their laws and by their institutes, as Minos in Crete,

Lycurgus in Lacedemon. At Athens, where the changes were frequent, at

first Theseus, then Draco, then Solon, then Clisthenes; afterwards many

others. Finally exhausted and prostrated, it had been upheld by that

learned man Demetrius, of Phalera. But that the constitution of our

republic was not the work of one, but of many; and had not been

established in the life of one man, but during several generations and

ages. For he said so powerful a mind had never existed; from which

nothing had escaped; nor that all minds collected into one, could

foresee so much at one time, as to comprehend all things without the aid

of practice and time. For which reason, as he was wont, so shall my

discourse now repeat the origin of the people; for I have a pleasure in

using the very words of Cato. But I shall more easily follow up my

proposition in describing our own republic to you, in its infancy, its

growth, in its adult, and its present firm and robust state; than if I

were to create an imaginary one, as Socrates is made to do in Plato.

II. When all had approved of this, he proceeded. “What beginning,

therefore, have we of the establishment of a republic so illustrious and

so known to you all, as the origin of the building of this city by

Romulus, born of his father Mars? For let us concede to the common

opinion of men, especially as it is not only well established, but also

wisely recorded by our ancestors, that those who have deserved well of

us on account of our common interest, be deemed not only to have

possessed a divine genius, but also a divine origin. He therefore after

his birth, with Remus his brother, is said to have been ordered to be

exposed on the Tiber, by the Alban king, Amulius, apprehensive lest his

kingdom should be shaken. In which place, having been sustained by the

teats of a wild beast, the shepherds took him, and brought him up in the

labour and cultivation of the fields. It is said, that when he had grown

up, he was distinguished above the rest by his corporeal strength, and

the daringness of his mind. So that all who then inhabited the fields,

where at this day stands the city, obeyed him willingly and without

dissent. And being constituted their leader, that we may now come from

fables to facts, with a strong force he took Alba-longa, a powerful and

well constructed city in those times, and put the king Amulius to death.

III. Having acquired which glory, he is said first to have auspiciously

thought of building a city, and of establishing a government. In regard

to the situation of the city, a circumstance which is most carefully to

be considered by him, who endeavours to establish a permanent

government; he chose it with incredible skill. For neither did he remove

to the sea, although it was a very easy thing for him with his forces,

to march through the territory of the Rutulians and Aborigines; neither

would he build a city at the mouth of the Tiber, to which place the king

Ancus led a colony many years after. For he perceived, with an admirable

foresight, that maritime situations were not proper for those cities

which were founded in the hope of continuance, or with a view to empire.

First, because maritime towns were not only exposed to many dangers, but

to unseen ones. For the ground over which an expected enemy moves, as

well as an unexpected one, announces his approach beforehand by many

indications: by sound itself of a peculiarly tumultuous kind. No enemy

can make a march, however forced, without our not only knowing him to be

there, but even who he is, and whence he comes. But a maritime enemy and

a naval force may be before you, ere any one can suspect him to be come.

Nor even when he does come, does he carry before him any indication of

who he is, or from whence he comes, or even what he wants. Finally by no

kind of sign can it be discerned or determined whether he is a friend or

an enemy.

IV. In maritime cities, too, a sort of debasing and changeable manners

prevail. New languages and new customs are mingled together, and not

only productions but manners are imported from abroad; so that nothing

remains entire of the pristine institutions. Even they who inhabit those

cities are not faithful to their homes, but with capricious inclinations

and longings are carried far from them; and although their persons

remain, their minds are rambling and wandering abroad. Nor did Carthage

or Corinth, long before shaken, owe their ruin to any thing more than to

the unsettled scattering of the citizens, who abandoned the study of

agriculture and arms through their cupidity of gain and love of roaming.

Many pernicious excitements too to luxury, are brought over the sea to

cities by commercial importation or by conquest. Even the very amenity

of the situation suggests many costly and enervating allurements. What I

have said of Corinth, I know not if I may as truly say of all Greece;

for almost all Peloponnessus lies on the sea, and except the

Phliuntians, there are none whose lands do not extend to the coast.

Beyond Peloponnessus, the Enianes, the Dorians, and the Dolopians are

the only people in the interior. What shall I say of the islands of

Greece? which surrounded with billows, float about as it were with the

institutions and manners of their cities. These things as I said before,

relate to ancient Greece; but of the colonies brought by the Greeks into

Asia, Thrace, Italy, Sicily, and Africa, except Magnesia alone, which of

them is not washed by the ocean? Thus a part of the Grecian shores

seemed to be joined to the lands of the barbarians. For among the

barbarians themselves, none were a maritime people, except the Etruscans

and the Carthagenians; the one for the sake of commerce, the other for

the sake of piracy. A most obvious cause of the evils and revolutions of

Greece, arising from the vices of these maritime cities, which awhile

ago I slightly touched upon. Nevertheless among these evils there is a

great convenience. The products of every distant nation can be wafted to

the city you inhabit; and in return the productions of your own lands

can be sent or carried into whatever countries you choose.

V. Who then more inspiredly than Romulus could secure all the maritime

conveniences, and avoid all the defects? placing the city on the banks

of a perennial river, broadly flowing with an equal course to the sea.

By which the city might receive what it wanted from the ocean, and

return whatever was superfluous. Receiving by the same channel all

things essential to the wants and the refinements of life, not only from

the sea, but likewise from the interior. So that it appears to me, he

had foreseen this city, at some period, would be the seat and capital of

a mighty empire: for a city placed in any other part of Italy would not

easily have been able to acquire such a powerful influence.

VI. As to the native defences of the city, who is so unobservant as not

to have them marked and fixed in his mind? Such is the alignment and

direction of the wall, which by the wisdom of Romulus, as well of

succeeding kings, was bounded on every part by lofty and craggy hills:

so that the only entrance, which was between the Esquiline and the

Quirinal hills, was defended by a huge mound, and a very wide ditch. The

citadel, surrounded by this craggy and seemingly hewn rock, had such a

gallant position, that in that furious invasion of the terrible Gauls,

it remained safe and intact. He choose also a place abounding in

springs, and salubrious even in a pestilent region. For there are hills

which while they enjoy the breezes, at the same time throw a cool shade

upon the vallies.

VII. These things were done too with great celerity. For he not only

founded a city, which he ordered to be called Rome, from his own name;

but to establish it, and strengthen the power of the people and his

kingdom, he adopted a strange and somewhat clownish plan, but worthy of

a great man, whose providence extended far into futurity. When the

Sabine virgins, descended from respectable families, were come to Rome

to see the games, whose first anniversary he had then ordered to be

celebrated in the circus, he ordered them to be seized during the

sports, and gave them in marriage to the most honourable families. For

which cause, when the Sabines had made war upon the Romans, and when the

success of the battle was various and doubtful, he struck a league with

Tatius, king of the Sabines, at the entreaty of the very matrons who had

been seized: in consequence of which he admitted the Sabines into the

city: and mutually having embraced each others sacred rites, he

associated their king with him in the government.

VIII. After the death however of Tatius, all the power came back into

his hands: although he had admitted some chiefs into the royal council

with Tatius, who were called fathers, on account of the affection borne

to them. He also divided the people into three tribes, named after

himself, after Tatius, and after Lucumon, a companion of Romulus, who

had been slain in the Sabine war: and into thirty curia, which curia he

called by the names of those from among the Sabine virgins seized, at

whose entreaties the peace and league had been formed. But although

these things were done before the death of Tatius, yet after that event,

his government became much better established, aided by the authority

and counsel of the fathers.

IX. In the which he saw and judged as Lycurgus at Sparta had done, a

little while before him: that states were better governed by individual

command and royal power, if the authority of some of the better class

were added to the energy of that kind of government. Thus sustained, and

as it were propped up by the senatorial authority, he carried on many

wars very successfully with his neighbours; and appropriating to himself

no part of the spoil, he never ceased to enrich the citizens. At that

time Romulus paid in most things attention to auspices, a custom we

still retain, and greatly advantageous to the republic. For he built the

city under the observance of auspices at the very beginning of the

republic; and in the establishment of all public affairs, he chose an

augur from each of the tribes to assist him in the auspices. He also had

the common people assigned as clients to the principal men, the utility

of which measure I will afterwards consider. Fines were paid in sheep

and cattle: for then all property consisted in flocks, and in

possessions of lands, whence the terms pecuniary[12] and landholders[13]

were derived. He did not attempt to govern by severity or the infliction

of punishments.

X. When Romulus had reigned thirty-seven years, and had established

those two excellent foundations of the state, the auspices and the

senate, he obtained this great meed: for when he had disappeared upon a

sudden obscuration of the sun, he was deemed to have been placed among

the number of the gods. A belief which no mortal had ever inspired

without the greatest pre-eminence in virtue. And this is most to be

admired in Romulus, that others who are said to have been deified out of

the mortal state, lived in the less civilized ages of man, when the

proneness to fiction was great, and the unenlightened were easily led to

believe in it. But during the period of Romulus, not quite six hundred

years ago, we know that learning and literature existed, and that the

ancient errors peculiar to the uncultivated ages of mankind were

removed. For if Rome, according to an investigation of the annals of the

Greeks, was built in the second year of the seventh olympiad; the reign

of Romulus occurred at that period when Greece was full of poets and

musicians; and when but little faith would be given to fabulous stories,

unless they were concerning very ancient things. For one hundred and

eight years after Lycurgus ordained laws to be written, the first

olympiad was established: which through a mistake in the name, some have

thought to be founded by Lycurgus. Homer, however, by those who take the

lowest period, is made to precede Lycurgus about thirty years. From

which it may be gathered that Homer flourished many years before

Romulus. So that there was scarce room in so intelligent an age, and

amid so many learned men, for any one to establish fictions. Antiquity

sometimes has received fables crudely devised, but that age already

refined, and especially deriding improbable events, has rejected * * *

[About 230 letters wanting.]

* * * * Simonides was born in the fifty-sixth olympiad, by which the

credit given to the immortality of Romulus may be more easily

understood, seeing that the institutions of society were then so well

established, organized, and known. But really so great was the force of

his genius and virtue, that what men would have given no credit to for

many ages in favour of any other man, was believed of Romulus upon the

evidence of Proculus Julius, a countryman, who at the instigation of the

fathers, in order to repel from themselves every suspicion of the death

of Romulus, is said to have declared in the assembly, that he had seen

Romulus on that mount which is now called Quirinal; and that he had

commanded him to request the people to erect a temple for him upon that

hill; that he was a god, and was called Quirinus.

XI. “Do not you perceive therefore a new people not only sprung from the

wisdom of one man, and not left crying in leading strings, but already

grown up, and almost an adult?” “Indeed we perceive it,” said Lælius,

“and that you have entered upon a new method of discussion, which is no

where to be found in the writings of the Greeks. For that pre-eminent

person,[14] whom no one has excelled in writing, has imagined to himself

a situation, in which he might construct his city after his own

pleasure: admirable enough perhaps, but foreign to the conduct and the

manners of men. Others have discussed the subject in relation to the

kinds and causes of governments, but not under any particular example of

a form of government. You seem to me to be about to do both, for

according to your method, you appear to prefer to attribute to others

what you yourself have observed, than to imagine a state of things, as

Socrates is made to do in Plato. And these matters respecting the

foundation of the city, you suppose to be part of a system, which were

only adopted by Romulus through necessity or chance. And your discourse

is not of a desultory kind, but concerning a particular commonwealth.

Wherefore proceed as you have begun, for already I perceive you are

about to follow on with the other kings, as perfecting the government.”

XII. “Wherefore,” said Scipio, “when the senate, which Romulus had

instituted out of the better class, and which had been so much favoured

by the king, as to cause them to be called fathers, and their children

patricians; endeavoured after the death of Romulus, to carry on the

government itself without any king; the people would not endure it, and

in their regret for Romulus did not cease to demand a king. Upon which

the leading men prudently imagined a mode of interregnum, new and

unknown to other nations. So that until a regular king was proclaimed,

neither the city should be without a king, nor with one too long a

period. Fearing lest from too long an enjoyment of the government, the

interrex should be reluctant to lay it down, or strong enough to

maintain himself in it. Even in these times, this new people perceived

what had escaped the Lacedemonian Lycurgus; who esteemed it best not to

choose a king, if this were indeed in the power of Lycurgus to do, but

rather to be governed by any one whatever descended from the race of

Hercules. But our ancestors, rude as they appear to have been, thought

it behoved them rather to look to royal wisdom and virtue, than to

descent.

XIII. When the great fame of Numa Pompilius had reached them, the

people, leaving aside their own citizens, called in by the authority of

the fathers, a king not born among them, and sent to the Curians for a

Sabine to reign over Rome. When he arrived, although the people had

decided that he should be king in the conventions of the curia,

nevertheless he himself had a law passed in the curia concerning his own

power; and as he saw the Romans through the institutions of Romulus were

eager after warlike pursuits, he deemed it proper to wean them somewhat

from that propensity.

XIV. And first, the lands which Romulus had acquired in war, he divided

equally among the citizens; and pointed out to them, that without

depopulating and pillaging, they might possess all the necessaries of

life, by the cultivation of their lands. He inspired them also with the

love of peace and repose, under which justice and good faith most kindly

flourish; and under the protection of which, the cultivation of the

fields, and the gathering of the harvest are most secure. The same

Pompilius having established auspices of a superior kind, added two

augurs to the ancient number, and placed five priests over sacred things

from the class of the chief men. And having established those laws which

we possess in our monuments, he softened, by the ceremonies of religion,

minds which were inflamed by the habit and inclination of making war. He

added also Flamens, Salii, and Vestal Virgins; and established with

great solemnity all the branches of religion: ordaining many ceremonies

to be learnt and observed, but without any expense. Thus he increased

the duty of religious observances and diminished the cost of them. In

like manner he established markets, games, and all the stated occasions

of assembling the people together. Under which institutions, he recalled

the minds of men become fierce and wild in warlike pursuits, to humanity

and gentleness. When he had reigned thirty-nine years in the most

perfect peace and concord, (in this we follow principally our friend

Polybius, than whom no one was more accurate in ascertaining periods,)

he departed from life; having strengthened every thing for the endurance

of the government, by those two conspicuous virtues, religion and

clemency.

XV. When Scipio had spoken these words. “Is it true, Africanus,” said

Manilius, “what tradition has brought down to us, that this king Numa

was a disciple of Pythagoras, or is it certain he was a Pythagorean? For

often we have heard this, as having been declared by old people, and

understand it also to be the common opinion; yet we do not see it

sufficiently proved by the authority of the public annals.” “It is

false,” replied Scipio, “entirely so Manilius! Not false alone, but

ignorantly and absurdly false; for the mendacity of those assertions is

not to be endured, which we not only see are not true, but which could

never have been so. It was in the fourth year of the reign of Lucius

Tarquinius Superbus, that Pythagoras is ascertained to have come to

Sybaris and Crotona, and those parts of Italy. For the sixty-second

Olympiad announces that very arrival of Pythagoras, and the beginning of

the reign of Superbus. From which it may be understood by a calculation

of the reigns, that Pythagoras touched first at Italy about a hundred

and forty years after the death of Numa. Nor has this fact, by those who

have very diligently investigated the annals of the times, ever been

thrown into any doubt.” “Immortal gods,” said Manilius, “how inveterate

and great is the error of men! Nevertheless, I can be very well pleased

in the belief, that our intelligence has not been derived from abroad,

and through foreign arts, but from natural and domestic virtues.”

XVI. “You will distinguish that more clearly,” said Africanus, “when you

perceive how the commonwealth advances and comes to the greatest

perfection by a straight forward and natural course. For in this also

the wisdom of our ancestors is to be praised; that many things derived

from abroad, have been rendered much more perfect by us, than they were

from whence they were brought, and where they first had existence. You

will see also that the greatness of the Roman people has not been

confirmed by chance, but by wisdom and discipline. Fortune indeed being

propitious to us.

XVII. King Pompilius being dead, the people upon the proposition of an

interrex, created Tullus Hostilius king, in the conventions of the

curia; and he, after the example of Pompilius, consulted the people in

the curia, concerning his power. His military glory was great, and

important warlike affairs took place. He constructed edifices for the

senate and the curia, and surrounded them with military trophies. He

established a law also for the declaration of war, which most justly

decreed by him, he made more sacred by the solemnity of Heralds: so that

every war which was not proclaimed and declared, was deemed to be

impious and unjust. And observe how wisely our kings saw that some sort

of deference must be paid to the people. I might say many things on that

head. Tullus indeed did not venture to appear with royal insignia unless

at the command of the people. For in order that it might be lawful for

him to be preceded by twelve lictors with their fasces * *

[Two pages wanting.]

XVIII. * * * * * “The government which your discourse is establishing,

does not creep, but rather flies towards perfection.” S. “After him,

Ancus Martius, grandson to Numa Pompilius by his daughter, was made king

by the people, who had his elevation sanctioned by a law of the curia.

Who having conquered the Latins in a war, incorporated them into the

state. He also added the Aventine and Cælian Mounts to the city. The

lands too which he had conquered he distributed, and made a public

domain of all the forests he had taken on the sea coast. He built a city

at the mouth of the Tiber, and planted a colony there. When he had thus

reigned twenty-three years, he died. “This king also is to be praised,”

said Lælius, “but the Roman history is obscure: for although we know who

was the mother of this king, we do not know who was his father.” S. “So

it is” said he, “but generally the names of the kings only of those

times are conspicuous.”

XIX. “But it is here that we first perceive the city to have become more

intelligent by extrinsic information. For not a gentle stream flowed

from Greece into this city, but an abundant flood of arts and knowledge.

It is stated that one Demaratus, a Corinthian, a principal man, and of

much honour and authority in his own city, and of an easy fortune, not

being able to endure Cypselus, the tyrant of the Corinthians, fled with

a great deal of money, and betook himself to a flourishing city of

Etruria, among the Tarquinians. When he had heard that the domination of

Cypselus was confirmed, being an independent and powerful man, he

renounced his country, and was received a citizen by the Tarquinians:

and in that city he fixed his home and establishment. Where when he had

begotten two sons from one of the Tarquinian matrons, he instructed them

in all the arts after the manner of the Greeks * * * *

[Two pages wanting.]

XX. * * * * * He was well received in the city, and became intimate with

king Ancus on account of his learning and liberal knowledge. So much so

that he shared all his counsels, and might be deemed even a partner in

his kingdom. For there was a great affability in him, and an extreme

readiness in aiding, protecting, and doing liberal acts to every

citizen. Martius therefore being dead, L. Tarquinius was created king by

the united suffrages of the people; for thus he had changed his name

from his Grecian one, that in every thing he might be seen to imitate

the manners of the people. Having caused his accession to be confirmed

by a law, he doubled the pristine number of the fathers; calling those

whose opinions he first asked, ancient fathers of the greater families;

and those whom he had admitted, he called the lesser families. Then he

established the knights; after the manner that has obtained unto our

day. He could not change the names of the Titienses, of the

Rhamnensians, or the Luceres, when he wished to do so; because Attus

Nævius being then Augur in great reputation, would not consent to it. We

see the Corinthians chose formerly to assign cavalry for the public

service, and to have their expenses defrayed by taxes on orphans and

widows. But to the old troops of horse he added others, and made twelve

hundred knights. He doubled this number after he had subdued the Equi in

war, a powerful and ferocious race, which threatened the affairs of the

Roman people. And when he had driven the Sabines from the walls of the

city, he scattered them with his horse and conquered them. It is he whom

we understand to have instituted the great games, which we call Roman,

and to have made a vow during the Sabine war, while in battle, that he

would raise a temple on the capitol to the great and good Jupiter. He

died when he had reigned thirty-eight years.

XXI. “Now,” said Lælius, “is that saying of Cato very certain, that the

constitution of the state is not the work of one moment or one man: for

it is evident how great an accession of good and useful institutions

occurred under each reign. But he comes next, who appears to me to have

looked farther than them all into the nature of government.” “So it is,”

said Scipio, “for after him Servius Sulpicius is stated first to have

reigned without the command of the people. He is said to have been born

of a Tarquinian slave: she having conceived him by some client of the

king. Brought up among the number of the servants, when he attended at

the royal table, he did not suppress those sparks of genius, which even

then shone forth in the boy: so shrewd was he in every thing, whether in

business or conversation. Wherefore Tarquin, who at that time had only

young children, became so attached to Servius, that he was generally

thought to be his son; and with great pains instructed him in all those

arts, which he himself had been taught, after the very superior manner

of the Greeks. But when Tarquin had perished by the plots of the sons of

Ancus, Servius, as I before said, began to reign, not by the command,

but by the assent and sufferance of the people. For when Tarquin was

falsely said to be alive, and sick from the effects of his wound; he

declared the law in royal pomp, and discharged debtors with his own

money. Conducting himself with much courtesy, he declared that he

pronounced the law at the command of Tarquin. He did not commit himself

to the fathers, but Tarquin being buried, he conferred with the people

about himself, and being authorised to reign, he had his accession

confirmed by a law of the curia. And first he avenged himself by war,

for injuries received from the Etruscans, * * * * * *

[Two pages wanting.]

XXII. * * he inscribed eighteen centuries of horse in the great

register. Afterwards having set apart a great number of equestrians

from the mass of the whole people, he distributed the rest of the

citizens into five classes, and divided the old from the young: and

classed them in such a manner, that the suffrages were not in the

power of the multitude, but of the landed proprietors. He was careful

of what ought always to be observed in government; that numbers alone

should not have the ascendency. Which classification if it were

unknown to you, should be explained by me. You will perceive the plan

was such, that the centuries of horse with six suffrages, (a century

being added from the carpenters on account of their great utility to

the city,) and the first class, make eighty-nine centuries: to which

from the one hundred and four centuries, for so many remain; if only

eight are added, the whole power of the people is obtained: and the

much greater multitude comprehended in the ninety-six centuries

remaining, is neither excluded from voting, lest it should seem

disdainful; nor is it made too effective, lest it should be dangerous.

In the which matter he was very circumspect even as to terms and

names. Those from among the wealthy he called “assiduos”[15] from

paying their taxes in money. Those who possessed no more than one

thousand five hundred pieces of brass, or those who were polled in the

register without any possessions whatever, he called proletaries; as

if progeny only; that is, as if nothing but population might be

expected from them. But of those ninety six centuries, more were

enumerated in one century, than almost in the whole first class. Thus

the right of suffrage was not prohibited to any one by law, and that

class had a greater weight of suffrage, which had most at stake in the

preservation of good government. As to public criers, men hired for

parade, clarion players, horn players, and proletaries, * * * *

[Four pages wanting.]

XXIII. * * * * * Was[16] sixty-five years more ancient, being built

thirty-nine years before the first olympiad. And the very ancient

Lycurgus had the same thing in view. This equality therefore, and this

triple nature of public affairs appears to me to have been common to us

and to those people. But what is peculiar in our republic, and than

which nothing can be more admirable, I will look very critically into if

I am able; as nothing similar is to be found in any government. For

these things which I have adverted to, were so mingled in this state,

and among the Lacedemonians, and the Carthagenians, that they were not

properly balanced. For in whatever government any one man enjoys

perpetual power, especially royalty, although even a Senate may exist in

it, as was the case at Rome under the kings, and in the laws of Lycurgus

at Sparta; and even granting the people some share in the government, as

was the fact under our kings: still that royal name will stand

pre-eminent, nor can a government of that kind be any thing but a

kingdom, or be called otherwise. But such a form of government is

especially subject to change for this reason; that it easily falls into

the most unprofitable courses, precipitated thereunto by the vices of

one man. For the royal form of government itself, not only is not to be

condemned, but I know not whether it is not greatly to be preferred to

the other simple forms, if I could approve of any simple form of

government. But only as long as it preserves its proper character, which

is that the safety, the equality, and tranquillity of the citizens, are

to be preserved by the justice, the wisdom, and the perpetual power of

one man. Many things however are altogether wanting to a people subject

to a king. Liberty among the first: which is not that we may live under

a just master, but under none at all. * * *

[Two pages wanting.]

XXIV. For some time fortune prosperously accompanied this unjust and

cruel master in the administration of affairs. He subdued all Latium in

war, and took Suessa, an opulent and well stored Pometian city. Enriched

with great spoils of gold and silver, he accomplished the vow of his

ancestor in the building of the capitol. He established colonies, and

according to the institutions of those from whom he had derived his

origin, he sent magnificent gifts, as offerings of his spoils, to Apollo

at Delphos.

XXV. Here the very circle is set in motion, whose natural movement and

revolution you learn to distinguish from the beginning. For the very

head of discretion in civil matters, upon which all our discourse turns,

is to observe the ways and bendings of public affairs; so that when you

perceive what way any thing inclines, you may either keep it back, or

meet it by opposing other things to it. For the king of whom I speak,

having stained himself first with the murder of a good king, no longer

preserved his integrity of mind, and wished to inspire fear himself,

because he dreaded every sort of punishment for his wickedness.

Afterwards borne up with his victories and riches, he exulted with

insolence, and imposed no restraint on his own conduct, or the

licentiousness of his followers. Wherefore when his eldest son had used

violence with Lucretia, the wife of Collatinus, and daughter of

Tricipitinus, and the noble and chaste woman had inflicted death upon

herself on account of that injury; L. Brutus, a man pre-eminent in mind

and courage, released his fellow citizens from that unjust yoke of a

cruel slavery: who, although he was a private citizen, sustained the

whole government, and was the first who taught in this city, that no man

was to be considered insignificant, when the public liberties were to be

preserved. Under which leader and head, the whole city being in

commotion, as well with the recent complaints of the family and kindred

of Lucretia, as with the remembrance of the many wrongs done by the

haughtiness of Tarquin himself, and his sons; the banishment of the

king, his children, and his whole race was pronounced.

XXVI. Do not you perceive then how a master may spring out of a king,

and how a form of government from being good, may become the very worst,

through the vice of one man. This is that master over the people, whom

the Greeks call tyrant; him only they esteem a king, who consults like a

parent with the people, and preserves those over whom he is placed, in

the most prosperous condition of life. A sort of government very good as

I have said, but bordering upon and inclining to a very pernicious one.

For when this king deviates into unjust rule, at once he becomes a

tyrant, and an animal more hideous, more destructive, and more odious,

in the eyes of gods and men cannot be conceived: surpassing, although in

the human form, the most monstrous wild beasts in cruelty. How can he be

rightly called a man, who observes no fellowship of humanity with his

fellow citizens, no communion of law with the whole race of man? But a

more proper place to speak of this will occur, when circumstances will

suggest to us to speak of those, who have sought to usurp the Government

over free cities.

XXVII. You have here then the origin of a tyrant, for the Greeks would

have this to be the name of an unjust king. Our ancestors indeed have

called all who have had an exclusive and perpetual dominion over the

people, kings. Thus Spurius Cassius, M. Manilius, and Spurius Mælius,

are said to have wished to establish a kingdom, and even * * * * * *

[Two pages wanting.]

XXVIII. Lycurgus gave the name of ancients[17] at Lacedemon, to that too

small number of twenty-eight, to whom he wished the whole authority of

counsel to be confided, while the sole command should be held by the

king. Wherefore our ancestors translating and adopting that term, those

whom he called ancients, they called a senate: as we have already stated

Romulus to have done with the select fathers. Nevertheless, the royal

title, and its strength and power were always pre-eminent. Impart too

something of power to the people, as was done by Lycurgus and Romulus,

and you will not satisfy them with freedom, but you will inflame them

with the passion of liberty, when you have only permitted them to taste

of power. The fear indeed will always hang over them, lest they should

have an unjust king, which generally happens. The fortune therefore of a

people is, as I said before, very uncertain, which is placed in the will

or conduct of one man.

XXIX. Wherefore this first form, example, and origin of a tyrant, is

found by us in that very government which Romulus instituted with

auspices, and not in that, which Plato says Socrates imagined to himself

in that peripatetic discourse. And as Tarquin subverted the whole fabric

of royalty, not because he grasped a new sort of authority, but because

he made a bad use of it; so let us oppose to him another; a good man,

wise and expert in every thing useful and dignified in civil life: a

tutor and steward as it were of the commonwealth, for so may be called

whoever is the ruler and governor of a state. Imagine to yourselves that

you recognise such a man; one who can protect the state, both by his

counsel and conduct. And since the name of such a man has not been

alluded to in this discourse, and that a character of this kind will be

frequently treated of in what remains to be said * * * * * *

[Twelve pages wanting.]

XXX. * * * * * * Plato described a state more to be desired, than to be

hoped for upon the smallest scale. He did not constitute things as they

might exist, but in such a manner as the nature of civil affairs might

be considered. As to myself, if in any way I am able to accomplish it,

with the same principles which he had in view, I will look, not into the

picture and shadow of a state, but into a most powerful republic; that I

may appear to touch, as it were, the true cause of every public good and

evil. After these two hundred and forty years of regal government, and

indeed a little more, including the interregnums, Tarquin being

banished, the royal title was as odious to the Roman people, as it had

been regretted after the death, or rather the disappearance of Romulus,

and as much as they wanted a king then, in like manner, after the

expulsion of Tarquin, they could not endure the name of one.

XXXI. Under this feeling our ancestors then expelled Collatinus, who was

innocent, through apprehension of his family connexions, and the other

Tarquins from disgust at their names. From the same cause too P.

Valerius ordered the fasces to be lowered when he began to speak before

the people; and had his building materials taken to the foot of the

Velia, as soon as he perceived the suspicions of the people to be raised

on account of his having begun to build in a more conspicuous part of

the Velia, the very place where King Tullus had dwelt. He also, in the

which he greatly deserved the name of Publicola, had that law passed for

the people, which was first carried in the meetings of the centuries,

that no unfriendly magistrate should put to death, or flog any Roman

citizen for appealing. The pontifical books however declare appeals to

have existed under the kings; the augural records show it also. The

twelve tables too in many laws indicate that it was lawful to appeal

from every judgment and punishment. What is brought down to us by

tradition, of the Decemvirs who wrote the laws, being created without

any appeal, sufficiently shows that the other magistrates had not the

power of judging without appeal. The law, too, which for the sake of

concord passed in the consulate of Lucius Valerius Potitus, and M.

Horatius Barbatus, men very justly popular; sanctioned the principle,

that no magistrate should be created without appeal. Nor did the Portian

laws, which are three as you know of the three Portii, contain any thing

new except the confirmation of it. Publicola therefore, upon the law in

favour of appeal being published, immediately ordered the axes to be

taken from off the fasces, and the next day had Sp. Lucretius appointed

to him as his colleague: being his superior in age, he ordered his own

lictors to go to him; and first established the custom that lictors

should precede each of the consuls, alternate months, lest the ensigns

of command among a free people, should be as numerous as in a kingdom.

There was something more than mediocrity in this man, as I consider him:

who having given a moderate liberty to the people, preserved more easily

the authority of the chiefs. Nor do I repeat these things, now so old

and obsolete to you, without cause. I select examples of men and things

drawn from illustrious persons and times, to which the remainder of my

discourse shall be applied.

XXXII. In such a manner the senate governed the commonwealth in those

days, that though the people were free, still they interfered in but few

things. Public affairs were principally managed under the authority, and

by the rules and customs of the senate. And although the consuls

possessed their power only for a year, it was royal in its nature and

effect. And this was strenuously preserved, as necessary to the

preservation of the influence of the nobles and principal chiefs, that

nothing should be established in the meetings of the people, which was

not sanctioned by the authority of the fathers. In these very times too,

T. Larcius was appointed dictator, about ten years after the first

consuls. A new kind of authority, very much resembling, as we perceive,

the royal power. But all great matters were conducted by the authority

of the principal men, the people submitting to it. And great events took

place in those times in war, under renowned men in the supreme command,

from among those very dictators and consuls.

XXXIII. But what belongs to the very nature of things, as that a people

emancipated from kings, should take a little more power to themselves;

was brought about not long after, about the sixteenth year, in the

consulate of Postumus Cominus, and Sp. Cassius. Not in the right way

perhaps, but it is of the nature of public affairs frequently to deviate

from what is right. For observe what I said in the beginning, that

unless an equable compensation prevails in a state, in the laws, in

offices, in emoluments; so that the magistrates enjoy their proper

degree of power; the chief men their authority in council, and the

people their liberties, such a state of the government cannot remain

unchanged. For when the city was in commotion on account of the pressure

of their debts, the people first occupied the Sacred Mount, then the

Aventine. Nor could the discipline even of Lycurgus keep the Greeks

within those restraints. In the reign of Theopompus, at Sparta, those

five whom they call Ephori; the ten too in Crete, who are called Cosmoi;

arose against the royal power, as the tribunes of the people did against

the consular authority.

XXXIV. Perhaps there was a mode by which our ancestors might have

relieved the pressure of the law of debt, which had not escaped Solon,

the Athenian, some short time before, and which our senate adopted not

long after, when on account of the infamous conduct of a creditor, the

citizens were liberated from the general oppression, and voluntary

bondage on account of debt abolished in future.[18] And always at such

periods, when the common people are exhausted by contributions in times

of public calamity, some relief and remedy is to be devised for the

common safety. Which the senate having neglected to do, sufficient cause

was given to the people to create two tribunes during a sedition of the

plebeians, with intent to weaken the power and authority of the senate;

which nevertheless remained a grave and great body, bringing forward in

the service of the state the wisest and bravest men, and strengthening

it by arms and counsel. And their authority was the greater, because far

excelling all others in honour, they were less conspicuous for

voluptuousness, and not much signalized by their wealth. Their high

worth also was the more esteemed in the state, because in private life

they diligently assisted individuals by their advice, and by substantial

services.

XXXV. In which situation of the republic, the quæstor accused Sp.

Cassius, who enjoyed the highest degree of favour with the people, and

was contriving a usurpation of the government; and as you have heard,

when his own father stated himself to be satisfied of his guilt, the

people assenting to it, he put him to death. It was a grateful thing

also to the people, when Sp. Tarpeius, and A. Aternius, consuls, about

fifty-four years after the first consuls, carried a law in the meetings

of the centuries concerning fines. Twenty years afterwards when L.

Papirius, and P. Pinarius, censors, by pronouncing fines, converted the

strength of the flocks of many private individuals to the public use; a

light valuation of cattle was ordained in the law on fines, during the

consulate of C. Julius and P. Papirius.

XXXVI. But some years before, when the senate enjoyed the greatest

authority, the people being very patient and obedient, a new plan was

instituted. The consuls and the tribunes of the people abdicated the

magistracy, and ten men were created with the greatest authority, and

without appeal, who were to possess the supreme power, and to inscribe

the laws. Who when they with great equity and prudence, had written ten

tables of laws, appointed ten other decemvirs for the following year,

whose faith and justice are not in like manner praised. From which

college, however, comes that praiseworthy act of C. Julius, who stated

that in his presence a body had been dug out of the chamber of a

patrician, L. Sestius. Although he had supreme power, and as decemvir

was without appeal, he admitted him to bail, refusing to lose sight of

that most excellent law, which forbids sentence to be pronounced on the

head of a Roman citizen, unless in the meetings of the centuries.

XXXVII. A third decemviral year followed under the same men, they being

unwilling to appoint others. In this condition of the commonwealth,

which I have often already stated not to be lasting, because it is not

equable to all the orders of the state, the chief men had the whole

government in their hands; the most noble decemvirs being always

preferred. No tribunes of plebeians opposed to them, no other

magistrates associated with them, and no appeal left to the people

against death and stripes. Wherefore on account of the injustice of

these men, a great disturbance suddenly arose, and a revolution took

place in the whole commonwealth. They added two tables of iniquitous

laws, in which the very marriages which were even permitted to

strangers, were forbidden by an inhuman law, lest the plebeians should

connect themselves with the fathers; which law was afterwards abrogated

by the plebicist Canuleius. In all things they conducted themselves

libidinously, cruelly, and avariciously towards the people. Upon that

celebrated and well known affair contained in many literary records, in

which one Decimus Virginius on account of the outrage of one of the

decemvirs, slew his virgin daughter with his own hand in the Forum, and

fled lamenting to the army which was then on Mount Algide; the soldiers

abandoned the war they were then engaged in, and as was before done for

a similar cause, first came to the sacred mount, and next to the

Aventine * * * * *

[Eight pages wanting.]

XXXVIII. When Scipio had spoken these things, and all by their silence

were expecting the remainder.—“Since my seniors here, Africanus,” said

Tubero, “ask you no questions, hear from me what I still find wanting in

your discourse.” “Most cheerfully,” replied Scipio. “You appear to me,”

said he “to have been pronouncing the eulogium of our republic, when

Lælius was inquiring not respecting ours, but of government in general.

Nor have I learnt from your discourse, by what discipline, or by what

customs or laws, a republic like the one you praise, can be constituted

or preserved.”

XXXIX. “I think,” said Africanus, “we shall by and by have a more

appropriate occasion, Tubero, of discussing the establishment and

preservation of states. In respect to the best kind of government, I

deem myself to have sufficiently answered the inquiries which Lælius

made. First I pointed out three kinds of government that might be

endured, and to these three their very pernicious opposites: that no one

among them was the best, but that one moderately balanced from all

three, was preferable to either of them. That I have availed myself of

our state for an example, was not with a view to define the best form of

government, for that could be done without an example. But in truth,

that a great state might present the very picture, such as reason and

language might describe it to be. But if without going to the example of

any people, you are desirous of finding that perfect condition of

government, then look at the image which nature presents to us * * *

[A great number of pages wanting here.]

XL. S. * * * a character I have been looking for, and have been desirous

of arriving at.

L. The discreet statesman, perhaps?

S. The very same.

L. You have all those present who are so numerous: or you can begin with

yourself. “I wish,” said Scipio, “it was proportionally so in the whole

senate. However, he is a discreet man, who as we have frequently seen in

Africa, seated on a monstrous wild and ferocious animal, governs and

directs him; making him kneel down, not with blows, but with a slight

sign.”

L. I know, and have often seen it when I was Lieutenant to you.

S. So the Indian or Carthagenian governs a wild beast, and renders it

docile and gentle with humane conduct. But that intellectual principle

which is hidden in the souls of men, and which is called a part of the

soul, does not bridle or tame one easily subdued, whenever it

accomplishes it, which rarely happens. For that ferocious animal must be

restrained[19] * * * *

[Either four or eight pages are wanting here.]

XLII. “Already,” said Lælius, “I see the man I expected, so greatly

endowed, and charged with such duties.” “With this duty only,” replied

Africanus, “for in this one almost all the rest are included. That in

his thoughts and actions he never deviate from himself, so that he may

call upon others to imitate him, and that he may offer himself in the

purity of his mind and his life, as a mirror to his fellow citizens. For

as in stringed instruments or pipes, as well as in singing with voices,

a certain harmony is to be formed with distinct sounds, an interruption

to which cannot be borne by refined ears; this kindred and harmonious

concert being produced by the modification of dissimilar voices. So a

government temperately organized from the upper, the lower and middle

orders blended together, harmonizes like music by the agreement of

dissimilar sounds. And that which in song is called by musicians,

harmony, is concord in a state; the strongest and best bond of safety in

every republic; yet which without justice cannot be preserved.[20]

[Many pages wanting.]

XLIV. “I assent entirely to it,” said Scipio, “and declare freely to

you, that we must esteem in nothing all that we have said upon

government, or that may remain farther to be said, unless it be

established, not only that it is false, that injustice is necessary, but

that this is most true; that without the most perfect justice, no

government can prosper in any manner. But if you please, thus far for to

day. The remainder, for many things remain yet to be said, we will defer

until to-morrow.” When this was approved, an end was put to the

discussion for that day.

-----

Footnote 12:

Pecuniosi.

Footnote 13:

Locupletes.

Footnote 14:

Plato.

Footnote 15:

Asses dare.

Footnote 16:

Carthage.

Footnote 17:

γὲροντας in the MSS.

Footnote 18:

This passage appears to deserve a note. The words “nexa” and “nectier”

are used in the original. And at the first glance, the passage,

connecting it with the well known custom of keeping debtors in chains,

as well as the memorable occasion which produced this insurrectionary

movement, would appear to declare, that all kinds of bondage for debt

were abolished in future. In early periods, whoever was unable to pay

his debts, was adjudged by a decree of the prætor, to discharge them

in personal services: for which purpose his person was delivered to

his creditor; whose slave in every sense of the word he thus became,

until the debt was discharged. A debtor thus situated was termed

“addictus” or sentenced. Livy, vi. 36., relates “that those against

whom judgments had been given, (addictos) were led out daily in herds

from the Forum, to the mansions of the patricians, which were filled

with enchained debtors: and that wherever a patrician dwelt, there was

a private prison.” That all debtors were subject to actual bonds,

appears from every indebted person under voluntary judgment, being

called “nexus,” meaning linked or chained; and probably when judgment

was passed, debtors were delivered in that condition to the creditors.

But “nexus” changed its meaning, as the word “bond” has done in our

language, where we bind ourselves only with forms. The urgent

necessity of the plebeians, arising out of the exactions of the

patricians, obliged them to borrow money at usury; and upon such

occasions, for money weighed out to him “per æs et libram,” before

witnesses, the borrower pledged his person and liberty to the lender

as security for the debt. This voluntary act, which was equivalent to

a modern confession of judgment, constituted the debtor a “nexus;”

before the period of payment had expired, at which time only he was

liable to fetters. Upon the occasion of the insurrection mentioned in

the passage; a young man of respectable plebeian family, C. Publilius,

surrendered himself to Papirius, a patrician usurer, in the place of

his father who had failed to redeem himself from his “nexus.”

Rejecting the infamous propositions made to him, Papirius caused him

to be cruelly scourged. This transaction having roused the people, the

senate was obliged to consent to the liberation of all persons who had

become “nexi” by their voluntary act, and to order the practice to be

discontinued in future.

I have translated the passage in accordance with this view of the

subject. Niebuhr, vol. i. 506. Livy, vi. 36. viii. 28. &c.

Footnote 19:

The continuation of this passage is, perhaps, found in Nonius Voc.

Exsultare, “which nourishes itself with blood, and which so delights

in every kind of cruelty, that it scarcely can be satiated with the

sad destruction of human beings.”

Footnote 20:

Professor Mai quotes the following passage from St. Augustin, De. Civ.

Dei, as containing a summary of that part of the discussion

interrupted here. “And when Scipio had in a more comprehensive and

diffuse way, shown how advantageous justice was to a state, and how

injurious the absence of it was: Philus, who was one of those present

at the discussion, took it up, and proposed that that subject should

be very carefully investigated, on account of the opinion which was

obtaining, that governments could not be administered without

injustice.”

CICERO’S REPUBLIC.

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The republic of Cicero Translated from the Latin; and Accompanied With a Critical and Historical Introduction. · 第 2 / 5 章