When an exact proportion cannot be established between the constituent1 parts of the State, or when causes that cannot be removed continually alter the relation of one part to another, recourse is had to the institution of a peculiar2 magistracy that enters into no corporate3 unity4 with the rest. This restores to each term its right relation to the others, and provides a link or middle term between either prince and people, or prince and Sovereign, or, if necessary, both at once.
This body, which I shall call the tribunate, is the preserver of the laws and of the legislative5 power. It serves sometimes to protect the Sovereign against the government, as the tribunes of the people did at Rome; sometimes to uphold the government against the people, as the Council of Ten now does at Venice; and sometimes to maintain the balance between the two, as the Ephors did at Sparta.
The tribunate is not a constituent part of the city, and should have no share in either legislative or executive power; but this very fact makes its own power the greater: for, while it can do nothing, it can prevent anything from being done. It is more sacred and more revered6, as the defender7 of the laws, than the prince who executes them, or than the Sovereign which ordains8 them. This was seen very clearly at Rome, when the proud patricians9, for all their scorn of the people, were forced to bow before one of its officers, who had neither auspices10 nor jurisdiction11.
The tribunate, wisely tempered, is the strongest support a good constitution can have; but if its strength is ever so little excessive, it upsets the whole State. Weakness, on the other hand, is not natural to it: provided it is something, it is never less than it should be.
It degenerates12 into tyranny when it usurps13 the executive power, which it should confine itself to restraining, and when it tries to dispense14 with the laws, which it should confine itself to protecting. The immense power of the Ephors, harmless as long as Sparta preserved its morality, hastened corruption15 when once it had begun. The blood of Agis, slaughtered16 by these tyrants17, was avenged18 by his successor; the crime and the punishment of the Ephors alike hastened the destruction of the republic, and after Cleomenes Sparta ceased to be of any account. Rome perished in the same way: the excessive power of the tribunes, which they had usurped19 by degrees, finally served, with the help of laws made to secure liberty, as a safeguard for the emperors who destroyed it. As for the Venetian Council of Ten, it is a tribunal of blood, an object of horror to patricians and people alike; and, so far from giving a lofty protection to the laws, it does nothing, now they have become degraded, but strike in the darkness blows of which no one dare take note.
The tribunate, like the government, grows weak as the number of its members increases. When the tribunes of the Roman people, who first numbered only two, and then five, wished to double that number, the senate let them do so, in the confidence that it could use one to check another, as indeed it afterwards freely did.
The best method of preventing usurpations by so formidable a body, though no government has yet made use of it, would be not to make it permanent, but to regulate the periods during which it should remain in abeyance20. These intervals21, which should not be long enough to give abuses time to grow strong, may be so fixed22 by law that they can easily be shortened at need by extraordinary commissions.
This method seems to me to have no disadvantages, because, as I have said, the tribunate, which forms no part of the constitution, can be removed without the constitution being affected23. It seems to be also efficacious, because a newly restored magistrate24 starts not with the power his predecessor25 exercised, but with that which the law allows him.
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1 constituent | |
n.选民;成分,组分;adj.组成的,构成的 | |
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2 peculiar | |
adj.古怪的,异常的;特殊的,特有的 | |
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3 corporate | |
adj.共同的,全体的;公司的,企业的 | |
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4 unity | |
n.团结,联合,统一;和睦,协调 | |
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5 legislative | |
n.立法机构,立法权;adj.立法的,有立法权的 | |
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6 revered | |
v.崇敬,尊崇,敬畏( revere的过去式和过去分词 ) | |
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7 defender | |
n.保卫者,拥护者,辩护人 | |
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8 ordains | |
v.任命(某人)为牧师( ordain的第三人称单数 );授予(某人)圣职;(上帝、法律等)命令;判定 | |
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9 patricians | |
n.(古罗马的)统治阶层成员( patrician的名词复数 );贵族,显贵 | |
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10 auspices | |
n.资助,赞助 | |
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11 jurisdiction | |
n.司法权,审判权,管辖权,控制权 | |
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12 degenerates | |
衰退,堕落,退化( degenerate的第三人称单数 ) | |
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13 usurps | |
篡夺,霸占( usurp的第三人称单数 ); 盗用; 篡夺,篡权 | |
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14 dispense | |
vt.分配,分发;配(药),发(药);实施 | |
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15 corruption | |
n.腐败,堕落,贪污 | |
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16 slaughtered | |
v.屠杀,杀戮,屠宰( slaughter的过去式和过去分词 ) | |
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17 tyrants | |
专制统治者( tyrant的名词复数 ); 暴君似的人; (古希腊的)僭主; 严酷的事物 | |
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18 avenged | |
v.为…复仇,报…之仇( avenge的过去式和过去分词 );为…报复 | |
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19 usurped | |
篡夺,霸占( usurp的过去式和过去分词 ); 盗用; 篡夺,篡权 | |
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20 abeyance | |
n.搁置,缓办,中止,产权未定 | |
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21 intervals | |
n.[军事]间隔( interval的名词复数 );间隔时间;[数学]区间;(戏剧、电影或音乐会的)幕间休息 | |
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22 fixed | |
adj.固定的,不变的,准备好的;(计算机)固定的 | |
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23 affected | |
adj.不自然的,假装的 | |
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24 magistrate | |
n.地方行政官,地方法官,治安官 | |
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25 predecessor | |
n.前辈,前任 | |
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