Discourses on Livy 010

On the maintenance of liberty in a republic

Book I, Chapter VII

Showing how necessary the faculty of accusation is in a republic for the maintenance of liberty.

No more useful and necessary authority can be given to those who are appointed as guardians of the liberty of a state, than the faculty of accusing the citizens to the people, or to any magistrate or council, for any attempt against public liberty. Such a system has two very marked advantages for a republic. The first is, that the apprehension of being accused prevents the citizens from attempting anything against the state, and should they nevertheless attempt it, they are immediately punished, without regard to persons. The other is, that it affords a way for those evil dispositions that arise in one way or another against some one citizen to vent themselves; and when these ferments cannot in some way exhaust themselves, their promoters are apt to resort to some extraordinary means, that may lead to the ruin of the republic. Nothing, on the other hand, renders a republic more firm and stable, than to organize it in such a way that the excitement of the ill-humors that agitate a state may have a way prescribed by law for venting itself. This can be demonstrated by many examples, and particularly by that of Coriolanus, which Titus Livius mentions, where he says that the Roman nobility was much irritated against the people, because they believed that the people had obtained too much authority by the creation of the Tribunes who defended them; and as Rome at the time was suffering greatly from want of provisions, and the Senate had sent to Sicily for supplies of grain, Coriolanus, who was a declared enemy of the popular faction, suggested to the Senate that it afforded a favorable opportunity for them to chastise the people, and to deprive them of the authority they had acquired and assumed to the prejudice of the nobility, by not distributing the grain, and thus keeping the people in a famished condition. When this proposition came to the ears of the people, it excited so great an indignation against Coriolanus, that, on coming out of the Senate, he would have been killed in a tumultuary manner, if the Tribunes had not summoned him to appear before them and defend his cause. This occurrence shows, as we have said above, how useful and necessary it is for a republic to have laws that afford to the masses the opportunity of giving vent to the hatred they may have conceived against any citizen; for if there exist no legal means for this, they will resort to illegal ones, which beyond doubt produce much worse effects. For ordinarily when a citizen is oppressed, and even if an injustice is committed against him, it rarely causes any disturbance in the republic; for this oppression has been effected by neither private nor foreign forces, which are most destructive to public liberty, but is effected solely by the public force of the state in accordance with the established laws, which have their prescribed limits that cannot be transcended to the injury of the republic.

And to corroborate this opinion by examples, let the case of Coriolanus suffice, and let any one reflect how much evil would have resulted to the Roman republic if he had been killed in that popular outbreak; for that would have been an offence of private individuals against a private individual, which kind of offences generate fear, and fear seeks for means of defence, and for that purpose seeks partisans, and from partisans arise factions in cities, and factions cause their ruin. But as the matter was disposed of by those who had the legal authority, it prevented all those evils that would have resulted from the exercise of private force. We have seen in our time what troubles occurred in Florence because the populace could not vent their anger against one of her citizens, in the case of Francesco Valori, who was almost like a prince in that city, and being looked upon by many as an ambitious man, who by haughtiness and audacity attempted to transcend the civil authority, and there being no way in Florence for resisting this except by a faction opposed to his, it resulted that Valori, having no fear of anything but some extraordinary proceeding, began to enlist partisans who might defend him. On the other hand, those who opposed him, being without legal means for repressing him, employed illegal ones, which naturally led to an armed conflict. But if he could have been reached by lawful means, the influence of Valori would have been crushed, and he would have been the only sufferer; but being obliged to resort to illegal measures, not only he, but many other noble citizens, suffered in consequence. We may also adduce in support of the above-expressed conclusion the incident which occurred in Florence in connection with Pietro Soderini, and which resulted wholly from the fact that there were no means in that republic for bringing charges against the ambition of powerful citizens. For to accuse a noble before only eight judges did not suffice; the number of the judges should be many, for the few are apt to favor the few in their decisions. Thus, if there had been in Florence a tribunal before which the citizens could have preferred charges against Soderini, their fury against him might have been assuaged without calling in the Spanish troops; or if he had not been liable to the charges, no one would have dared to bring them against him, for fear of being himself accused in turn; and thus on both sides the animosity would have ceased, which occasioned so much trouble.

Whence we may conclude that, whenever the aid of foreign powers is called in by any party in a state, it is to be ascribed to defects in its constitution, and more especially to the want of means for enabling the people to exhaust the malign humors that spring up among men, without having recourse to extraordinary measures; all of which can easily be provided against by instituting accusations before numerous judges, and giving these sufficient influence and importance. These things were so well organized in Rome that, with the many dissensions between the Senate and the people, neither the one nor the other, nor any private citizen, ever attempted to avail of foreign force; for having the remedy at home, there was no occasion to look for it elsewhere. And although the above examples are abundantly sufficient to prove this, yet I will adduce another, mentioned by Titus Livius in his history. At Chiusi (Clusium), in those days one of the most famous cities of Tuscany, a certain Lucumones had violated the sister of Arnutes, and, unable to revenge himself because of the power of the offender, Arnutes went to call in the aid of the Gauls, who at that time ruled over the country now called Lombardy, and urged them to come with an armed force to Clusium, pointing out to them the advantage they would obtain for themselves by thus avenging him. Certainly, if Arnutes had been able to secure redress by the laws of his city, he would never have had recourse to the Barbarians.

But just as useful as accusations are in a republic, just so useless and pernicious are calumnies, as we shall show in the next chapter.