If those Cities which had their Beginning Free as Rome, have had difficulty in finding Laws that would maintain them, Those that had their Beginning in Servitude have Almost an Impossibility
How difficult it is in establishing a Republic to provide all those laws that should maintain her free, is very well shown by the progress of the Roman Republic, which notwithstanding that it was established with many laws, first by Romulus, and afterwards by Numa, by Tullus Hostilius, and by Servius, and lastly by the Ten Citizens created for such a purpose, none the less in managing that City new needs were always discovered and it was necessary to create new ordinances2; as happened when they created the Censors3, who were one of those provisions that aided in keeping Rome free during the time she existed in liberty. For having become arbiters4 of the customs of Rome, they were the most potent5 cause why the Romans had retarded6 the further corruption8 of themselves. In the creation of this Magistracy they indeed made one error at the start, creating them for five years: but a short time later it was corrected by the prudence9 of the Dictator Mamercus, who, through new laws, reduced the said Magistracy to eighteen months: which the Censors who were then [aging] in office took so badly, that they deprived Mamercus from [treating with] the Senate: which thing was greatly censured10 both by the Plebs and the Fathers: and as history does not show whether Mamercus was able to defend himself against this, it must be assumed either that history is defective11, or that the institutions of Rome in this part were good; for it is not well that a Republic should be so constituted that a Citizen in order to promulgate12 a law conforming to a free society could be oppressed without any remedy.
But returning to the beginning of this discussion I say, that for creating such a new Magistracy it ought to be considered that, if those Cities which had their beginnings in liberty but become corrupt7 by themselves, like Rome, have great difficulty in finding good laws for maintaining themselves free, it is not to be wondered at if those which had their beginnings in servitude find it, not difficult, but impossible ever to organize themselves so that they are able to live securely and quietly; this, as is seen, happened to the City of Florence which, for having had its beginnings subject to the Roman Empire, and having always existed under the government of others, remained subject for a long time and without any thought to [freeing] itself: afterward1 when the opportunity arrived for her to breathe free, she began to make her institutions, which being mixed with ancient ones that were bad, could not be good: and thus she had gone on managing herself for two hundred years of which there exists a true record, without ever having a State [Government] by which she could truly be called a Republic. And these difficulties which existed in her, have always existed in those Cities that have had beginnings similar to hers. And although many times ample authority was given by public and free suffrage13 to a few Citizens to be able to reform her, yet they have never organized her for the common good, but always in favor of their own party: which made not for order, but for major disorders14 in that City. And to come to some particular example I say, that among other things that have to be considered by an establisher of a Republic is to examine into whose hands he places the authority of blood [death] over its own Citizens. This was well constituted in Rome, for there one could ordinarily appeal to the People; and even if an important event should occur where the deferring15 of an execution through the medium of an appeal should be dangerous, they had recourse to the Dictator, who executed it immediately: to which refuge they never had recourse except in necessity. But Florence and other Cities born as she was (in servitude) had this authority placed in a foreigner, who, sent by a Prince performed such an office. When they afterwards came into liberty, they kept this authority in a foreigner, whom they called Captain. Which (because he was able easily to be corrupted16 by powerful Citizens) was a pernicious thing. But afterwards changing itself through the changes of governments which they organized, they created the Eight Citizens who should perform the office of that Captain. Which arrangement from bad became worse, for the reasons mentioned at other times, that the few were always ministers of the few and more powerful [citizens].
The City of Venice is guarded from that [abuse], which has [a Council] of Ten Citizens who are able to punish any Citizen without appeal. And as this was not enough to punish the powerful even though they had the authority, they established [the Council] of Forty: And in addition the Council of the Pregadi (which is the highest council) had the power to castigate17 them. So that lacking an accuser, there was not lacking a judge to keep powerful men in check. It is no wonder, therefore, seeing that in Rome [laws] were made by herself with many prudent18 men, new causes sprung up every day for which she had to make new laws to maintain her free existence, which, if, in other Cities which had disordered beginnings, such difficulties sprung up, they could never reorganize themselves.
1 afterward | |
adv.后来;以后 | |
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2 ordinances | |
n.条例,法令( ordinance的名词复数 ) | |
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3 censors | |
删剪(书籍、电影等中被认为犯忌、违反道德或政治上危险的内容)( censor的第三人称单数 ) | |
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4 arbiters | |
仲裁人,裁决者( arbiter的名词复数 ) | |
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5 potent | |
adj.强有力的,有权势的;有效力的 | |
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6 retarded | |
a.智力迟钝的,智力发育迟缓的 | |
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7 corrupt | |
v.贿赂,收买;adj.腐败的,贪污的 | |
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8 corruption | |
n.腐败,堕落,贪污 | |
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9 prudence | |
n.谨慎,精明,节俭 | |
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10 censured | |
v.指责,非难,谴责( censure的过去式 ) | |
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11 defective | |
adj.有毛病的,有问题的,有瑕疵的 | |
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12 promulgate | |
v.宣布;传播;颁布(法令、新法律等) | |
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13 suffrage | |
n.投票,选举权,参政权 | |
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14 disorders | |
n.混乱( disorder的名词复数 );凌乱;骚乱;(身心、机能)失调 | |
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15 deferring | |
v.拖延,延缓,推迟( defer的现在分词 );服从某人的意愿,遵从 | |
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16 corrupted | |
(使)败坏( corrupt的过去式和过去分词 ); (使)腐化; 引起(计算机文件等的)错误; 破坏 | |
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17 castigate | |
v.谴责;惩治 | |
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18 prudent | |
adj.谨慎的,有远见的,精打细算的 | |
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