Law, not to observe the Law when made: and that daily to renew acts of
injustice in a City is most hurtful to the Governor._
Terms having been adjusted, and the old order of things restored in
Rome, Virginius cited Appius to defend himself before the people; and
on his appearing attended by many of the nobles, ordered him to be led
to prison. Whereupon Appius began to cry out and appeal to the people.
But Virginius told him that he was unworthy to be allowed that appeal
which he had himself done away with, or to have that people whom he had
wronged for his protectors. Appius rejoined, that the people should not
set at nought that right of appeal which they themselves had insisted
on with so much zeal. Nevertheless, he was dragged to prison, and
before the day of trial slew himself. Now, though the wicked life of
Appius merited every punishment, still it was impolitic to violate the
laws, more particularly a law which had only just been passed; for
nothing, I think, is of worse example in a republic, than to make a law
and not to keep it; and most of all, when he who breaks is he that made
it.
After the year 1494, the city of Florence reformed its government with
the help of the Friar Girolamo Savonarola, whose writings declare his
learning, his wisdom, and the excellence of his heart. Among other
ordinances for the safety of the citizens, he caused a law to be
passed, allowing an appeal to the people from the sentences pronounced
by “the Eight” and by the “Signory” in trials for State offences; a law
he had long contended for, and carried at last with great difficulty.
It so happened that a very short time after it was passed, five
citizens were condemned to death by the “Signory” for State offences,
and that when they sought to appeal to the people they were not
permitted to do so, and the law was violated. This, more than any other
mischance, helped to lessen the credit of the Friar; since if his law
of appeal was salutary, he should have caused it to be observed; if
useless, he ought not to have promoted it. And his inconsistency was
the more remarked, because in all the sermons which he preached after
the law was broken, he never either blamed or excused the person who
had broken it, as though unwilling to condemn, while unable to justify
what suited his purposes. This, as betraying the ambitious and partial
turn of his mind, took from his reputation and exposed him to much
obloquy.
Another thing which greatly hurts a government is to keep alive bitter
feelings in men’s minds by often renewed attacks on individuals, as was
done in Rome after the decemvirate was put an end to. For each of the
decemvirs, and other citizens besides, were at different times accused
and condemned, so that the greatest alarm was spread through the whole
body of the nobles, who came to believe that these prosecutions would
never cease until their entire order was exterminated. And this must
have led to grave mischief had not Marcus Duilius the tribune provided
against it, by an edict which forbade every one, for the period of a
year, citing or accusing any Roman citizen, an ordinance which had the
effect of reassuring the whole nobility. Here we see how hurtful it is
for a prince or commonwealth to keep the minds of their subjects in
constant alarm and suspense by continually renewed punishments and
violence. And, in truth, no course can be more pernicious. For men who
are in fear for their safety will seize on every opportunity for
securing themselves against the dangers which surround them, and will
grow at once more daring, and less scrupulous in resorting to new
courses. For these reasons we should either altogether avoid inflicting
injury, or should inflict every injury at a stroke, and then seek to
reassure men’s minds and suffer them to settle down and rest.