Discourses on Livy 007

On the Guardianship of Liberty

Book I, Chapter V

To whom can the guardianship of liberty more safely be confided, to the nobles or to the people? And which of the two have most cause for creating disturbances, those who wish to acquire, or those who desire to conserve?

All the legislators that have given wise constitutions to republics have deemed it an essential precaution to establish a guard and protection to liberty; and according as this was more or less wisely placed, liberty endured a greater or less length of time. As every republic was composed of nobles and people, the question arose as to whose hands it was best to confide the protection of liberty. The Lacedaemonians, and in our day the Venetians, gave it into the hands of the nobility; but the Romans intrusted it to the people. We must examine, therefore, which of these republics made the best choice. There are strong reasons in favor of each, but, to judge by the results, we must incline in favor of the nobles, for the liberties of Sparta and Venice endured a longer space of time than those of Rome. But to come to the reasons, taking the part of Rome first, I will say, that one should always confide any deposit to those who have least desire of violating it; and doubtless, if we consider the objects of the nobles and of the people, we must see that the first have a great desire to dominate, whilst the latter have only the wish not to be dominated, and consequently a greater desire to live in the enjoyment of liberty; so that when the people are intrusted with the care of any privilege or liberty, being less disposed to encroach upon it, they will of necessity take better care of it; and being unable to take it away themselves, will prevent others from doing so.

On the contrary, it is said, in favor of the course adopted by Sparta and Venice, that the preference given to the nobility, as guardians of public liberty, has two advantages: the first, to yield something to the ambition of those who, being more engaged in the management of public affairs, find, so to say, in the weapon which the office places in their hands, a means of power that satisfies them; the other, to deprive the restless spirit of the masses of an authority calculated from its very nature to produce trouble and dissensions, and apt to drive the nobles to some act of desperation, which in time may cause the greatest misfortunes. Rome is even adduced as an example of this; for having confided, it is said, this authority to the tribunes of the people, these were seen not to be content with having only one Consul taken from this class, but wanted both to be plebeians. They afterwards claimed the Censure, the Praetoriate, and all the other dignities of the republic. And not satisfied with these advantages, and urged on by the same violence, they came in the end to idolize all those whom they saw disposed to attack the nobles, which gave rise to the power of Marius and to the ruin of Rome.

And, truly, whoever weighs all these reasons accurately may well remain in doubt which of the two classes he would choose as the guardians of liberty, not knowing which would be least dangerous—those who seek to acquire an authority which they have not, or those who desire to preserve that which they already possess. After the nicest examination, this is what I think may be concluded from it. The question refers either to a republic that desires to extend its empire, as Rome, or to a state that confines itself merely to its own preservation. In the first case Rome should be imitated, and in the second the example of Sparta and Venice should be followed; and in the next chapter we shall see the reasons why and the means by which this is to be done.

To come back now to the question as to which men are most dangerous in a republic, those who wish to acquire power or those who fear to lose that which they possess, I will remark that Menenius and M. Fulvius, both plebeians, were named, the one Dictator and the other Commander of the Cavalry, to make investigations on the occasion of a conspiracy formed at Capua against Rome. They were also commissioned to find out all those who from ambition and by extraordinary means sought to obtain the Consulate and the other important offices of the republic. The nobility, believing that such an authority given to the Dictator was aimed against them, spread the report throughout the city that it was not they who sought thus to arrive at these honors from ambition or by illicit proceedings, but rather the plebeians, who, trusting neither to their birth nor their personal merits, thus employed extraordinary means to obtain these honors, and they particularly charged it upon the Dictator himself. This accusation was so actively followed up that Menenius felt himself obliged to convoke an assembly of the people; where, after having complained of the calumnies spread against him by the nobles, he deposed the Dictatorship and submitted himself to the judgment of the people. The cause having been pleaded, Menenius was absolved. On that occasion there was much discussion as to which was the most ambitious, he who wished to preserve power or he who wished to acquire it; as both the one and the other of these motives may be the cause of great troubles. It seems, however, that they are most frequently occasioned by those who possess; for the fear to lose stirs the same passions in men as the desire to gain, as men do not believe themselves sure of what they already possess except by acquiring still more; and, moreover, these new acquisitions are so many means of strength and power for abuses; and what is still worse is that the haughty manners and insolence of the nobles and the rich excite in the breasts of those who have neither birth nor wealth, not only the desire to possess them, but also the wish to revenge themselves by depriving the former of those riches and honors which they see them employ so badly.