But since fear of solitude exists in all men, because no one in solitude is strong enough to defend himself, and procure the necessaries of life, it follows that men naturally aspire to the civil state; nor can it happen that men should ever utterly dissolve it.
2. Accordingly, from the quarrels and seditions which are often stirred up in a commonwealth, it never results that the citizens dissolve it, as often happens in the case of other associations; but only that they change its form into some other that is, of course, if the disputes cannot be settled, and the features of the commonwealth at the same time preserved. Wherefore, by means necessary to preserve a dominion, I intend such things as are necessary to preserve the existing form of the dominion, without any notable change.
3. But if human nature were so constituted, that men most desired what is most useful, no art would be needed to produce unity and confidence. But, as it is admittedly far otherwise with human nature, a dominion must of necessity be so ordered, that all, governing and governed alike, whether they will or no, shall do what makes for the general welfare; that is, that all, whether of their own impulse, or by force or necessity, shall be compelled to live according to the dictate of reason. And this is the case, if the affairs of the dominion be so managed, that nothing which affects the general welfare is entirely entrusted to the good faith of any one. For no man is so watchful, that he never falls asleep; and no man ever had a character so vigorous and honest, but he sometimes, and that just when strength of character was most wanted, was diverted from his purpose and let himself be overcome. And it is surely folly to require of another what one can never obtain from one's self; I mean, that he should be more watchful for another's interest than his own, that he should be free from avarice, envy, and ambition, and so on; especially when he is one, who is subject daily to the strongest temptations of every passion.
4. But, on the other hand, experience is thought to teach, that it makes for peace and concord, to confer the whole authority upon one man. For no dominion has stood so long without any notable change, as that of the Turks, and on the other hand there were none so little lasting, as those, which were popular or democratic, nor any in which so many seditions arose. Yet if slavery, barbarism, and desolation are to be called peace, men can have no worse misfortune. No doubt there are usually more and sharper quarrels between parents and children, than between masters and slaves; yet it advances not the art of housekeeping, to change a father's right into a right of property, and count children but as slaves. Slavery then, not peace, is furthered by handing over to one man the whole authority. For peace, as we said before, consists not in mere absence of war, but in a union or agreement of minds.
5. And in fact they are much mistaken, who suppose that one man can by himself hold the supreme right of a commonwealth. For the only limit of right, as we showed (Chap. II.), is power. But the power of one man is very inadequate to support so great a load. And hence it arises, that the man, whom the multitude has chosen king, looks out for himself generals, or counsellors, or friends, to whom he entrusts his own and the common welfare; so that the dominion, which is thought to be a perfect monarchy, is in actual working an aristocracy, not, indeed, an open but a hidden one, and therefore the worst of all. Besides which, a king, who is a boy, or ill, or overcome by age, is but king on sufferance; and those in this case have the supreme authority, who administer the highest business of the dominion, or are near the king's person; not to mention, that a lascivious king often manages everything at the caprice of this or that mistress or minion. "I had heard," says Orsines, "that women once reigned in Asia, but for a eunuch to reign is something new." 1
6. It is also certain, that a commonwealth is always in greater danger from its citizens than from its enemies; for the good are few. Whence it follows, that he, upon whom the whole right of the dominion has been conferred, will always be more afraid of citizens than of enemies, and therefore will look to his own safety, and not try to consult his subjects' interests, but to plot against them, especially against those who are renowned for learning, or have influence through wealth.
7. It must besides be added, that kings fear their sons also more than they love them, and so much the more as the latter are skilled in the arts of war and peace, and endeared to the subjects by their virtues. Whence it comes, that kings try so to educate their sons, that they may have no reason to fear them. Wherein ministers very readily obey the king, and will be at the utmost pains, that the successor may be an inexperienced king, whom they can hold tightly in hand.
8. From all which it follows, that the more absolutely the commonwealth's right is transferred to the king, the less independent he is, and the more unhappy is the condition of his subjects. And so, that a monarchical dominion may be duly established, it is necessary to lay solid foundations, to build it on; from which may result to the monarch safety, and to the multitude peace; and, therefore, to lay them in such a way, that the monarch may then be most independent, when he most consults the multitude's welfare. But I will first briefly state, what these foundations of a monarchical dominion are, and afterwards prove them in order.
9. One or more cities must be founded and fortified, whose citizens, whether they live within the walls, or outside for purposes of agriculture, are all to enjoy the same right in the commonwealth; yet on this condition, that every city provide an ascertained number of citizens for its own and the general defence. But a city, which cannot supply this, must be held in subjection on other terms.
10. The militia must be formed out of citizens alone, none being exempt, and of no others. And, therefore, all are to be bound to have arms, and no one to be admitted into the number of the citizens, till he has learnt his drill, and promised to practise it at stated times in the year. Next, the militia of each clan is to be divided into battalions and regiments, and no captain of a battalion chosen, that is not acquainted with military engineering. Moreover, though the commanders of battalions and regiments are to be chosen for life, yet the commander of the militia of a whole clan is to be chosen only in time of war, to hold command for a year at most, without power of being continued or afterwards re-appointed. And these last are to be selected out of the king's counsellors, of whom we shall speak in the fifteenth and following sections, or out of those who have filled the post of counsellor.
11. The townsmen and countrymen of every city, that is, the whole of the citizens, are to be divided into clans, distinguished by some name and badge, and all persons born of any of these clans are to be received into the number of citizens, and their names inscribed on the roll of their clan, as soon as they have reached the age, when they can carry arms and know their duty; with the exception of those, who are infamous from some crime, or dumb, or mad, or menials supporting life by some servile office.
12. The fields, and the whole soil, and, if it can be managed, the houses should be public property, that is, the property of him, who holds the right of the commonwealth: and let him let them at a yearly rent to the citizens, whether townsmen or countrymen, and with this exception let them all be free or exempt from every kind of taxation in time of peace. And of this rent a part is to be applied to the defences of the state, a part to the king's private use. For it is necessary in time of peace to fortify cities against war, and also to have ready ships and other munitions of war.
14. Those male nobles, who are the reigning king's collaterals, and stand to him in the third or fourth degree of consanguinity, must not marry, and any children they may have had, are to be accounted bastards, and unworthy of any dignity, nor may they be recognized as heirs to their parents, whose goods must revert to the king.
15. Moreover the king's counsellors, who are next to him in dignity, must be numerous, and chosen out of the citizens only; that is (supposing there to be no more than six hundred clans) from every clan three or four or five, who will form together one section of this council; and not for life, but for three, four, or five years, so that every year a third, fourth, or fifth part may be replaced by selection, in which selection it must be observed as a first condition, that out of every clan at least one counsellor chosen be a jurist.
16. The selection must be made by the king himself, who should fix a time of year for the choice of fresh counsellors. Each clan must then submit to the king the names of all its citizens, who have reached their fiftieth year, and have been duly put forward as candidates for this office, and out of these the king will choose whom he pleases. But in that year, when the jurist of any clan is to be replaced, only the names of jurists are to be submitted to the king. Those who have filled this office of counsellor for the appointed time, are not to be continued therein, nor to be replaced on the list of candidates for five years or more. But the reason why one is to be chosen every year out of every clan is, that the council may not be composed alternately of untried novices, and of veterans versed in affairs, which must necessarily be the case, were all to retire at once, and new men to succeed them. But if every year one be chosen out of every family, then only a fifth, fourth, or at most a third part of the council will consist of novices. Further, if the king be prevented by other business, or for any other reason, from being able to spare time for this choice, then let the counsellors themselves choose others for a time, until the king either chooses different ones, or confirms the choice of the council.
17. Let the primary function of this council be to defend the fundamental laws of the dominion, and to give advice about administration, that the king may know, what for the public good ought to be decreed: and that on the understanding, that the king may not decide in any matter, without first hearing the opinion of this council. But if, as will generally happen, the council is not of one mind, but is divided in opinion, even after discussing the same subject two or three times, there must be no further delay, but the different opinions are to be submitted to the king, as in the twenty-fifth section of this chapter we shall show.
18. Let it be also the duty of this council to publish the king's orders or decrees, and to see to the execution of any decree concerning affairs of state, and to supervise the administration of the whole dominion, as the king's deputies.
19. The citizens should have no access to the king, save through this council, to which are to be handed all demands or petitions, that they may be presented to the king. Nor should the envoys of other commonwealths be allowed to obtain permission to address the king, but through the council. Letters, too, sent from elsewhere to the king, must be handed to him by the council. And in general the king is to be accounted as the mind of the commonwealth, but the council as the senses outside the mind, or the commonwealth's body, through whose intervention the mind understands the state of the commonwealth, and acts as it judges best for itself.
20. The care of the education of the king's sons should also fall on this council, and the guardianship, where a king has died, leaving as his successor an infant or boy. Yet lest meanwhile the council should be left without a king, one of the elder nobles of the commonwealth should be chosen to fill the king's place, till the legitimate heir has reached the age at which he can support the weight of government.
21. Let the candidates for election to this council be such as know the system of government, and the foundations, and state or condition of the commonwealth, whose subjects they are. But he that would fill the place of a jurist must, besides the government and condition of the commonwealth, whose subject he is, be likewise acquainted with those of the other commonwealths, with which it has any intercourse. But none are to be placed upon the list of candidates, unless they have reached their fiftieth year without being convicted of crime.
22. In this council no decision is to be taken about the affairs of the dominion, but in the presence of all the members. But if anyone be unable through illness or other cause to attend, he must send in his stead one of the same clan, who has filled the office of counsellor or been put on the list of candidates. Which if he neglect to do, and the council through his absence be forced to adjourn any matter, let him be fined a considerable sum. But this must be understood to mean, when the question is of a matter affecting the whole dominion, as of peace or war, of abrogating or establishing a law, of trade, &c. But if the question be one that affects only a particular city or two, as about petitions, &c., it will suffice that a majority of the council attend.
23. To maintain a perfect equality between the clans, and a regular order in sitting, making proposals, and speaking, every clan is to take in turn the presidency at the sittings, a different clan at every sitting, and that which was first at one sitting is to be last at the next. But among members of the same clan, let precedence go by priority of election.
24. This council should be summoned at least four times a year, to demand of the ministers account of their administration of the dominion, to ascertain the state of affairs, and see if anything else needs deciding. For it seems impossible for so large a number of citizens to have constant leisure for public business. But as in the meantime public business must none the less be carried on, therefore fifty or more are to be chosen out of this council to supply its place after its dismissal; and these should meet daily in a chamber next the king's, and so have daily care of the treasury, the cities, the fortifications, the education of the king's son, and in general of all those duties of the great council, which we have just enumerated, except that they cannot take counsel about new matters, concerning which no decision has been taken.
25. On the meeting of the council, before anything is proposed in it, let five, six, or more jurists of the clans, which stand first in order of place at that session, attend on the king, to deliver to him petitions or letters, if they have any, to declare to him the state of affairs, and, lastly, to understand from him what he bids them propose in his council; and when they have heard this, let them return to the council, and let the first in precedence open the matter of debate. But, in matters which seem to any of them to be of some moment, let not the votes be taken at once, but let the voting be adjourned to such a date as the urgency of the matter allows. When, then, the council stands adjourned till the appointed time, the counsellors of every clan will meanwhile be able to debate the matter separately, and, if they think it of great moment, to consult others that have been counsellors, or are candidates for the council. And if within the appointed time the counsellors of any clan cannot agree among themselves, that clan shall lose its vote, for every clan can give but one vote. But, otherwise, let the jurist of the clan lay before the council the opinion they have decided to be best; and so with the rest. And if the majority of the council think fit, after hearing the grounds of every opinion, to consider the matter again, let the council be again adjourned to a date, at which every clan shall pronounce its final opinion; and then, at last, before the entire council, let the votes be taken, and that opinion be invalidated which has not at least a hundred votes. But let the other opinions be submitted to the king by all the jurists present at the council, that, after hearing every party's arguments, he may select which opinion he pleases. And then let the jurists leave him, and return to the council; and there let all await the king at the time fixed by himself, that all may hear which opinion of those proposed he thinks fit to adopt, and what he decides should be done.
26. For the administration of justice, another council is to be formed of jurists, whose business should be to decide suits, and punish criminals, but so that all the judgments they deliver be tested by those who are for the time members of the great council that is, as to their having been delivered according to the due process of justice, and without partiality. But if the losing party can prove, that any judge has been bribed by the adversary, or that there is some mutual cause of friendship between the judge and the adversary, or of hatred between the judge and himself, or, lastly, that the usual process of justice has not been observed, let such party be restored to his original position. But this would, perhaps, not be observed by such as love to convict the accused in a criminal case, rather by torture than proofs. But, for all that, I can conceive on this point of no other process of justice than the above, that befits the best system of governing a commonwealth.
27. Of these judges, there should be a large and odd number for instance, sixty-one, or at least forty-one, and not more than one is to be chosen of one clan, and that not for life, but every year a certain proportion are to retire, and be replaced by as many others out of different clans, that have reached their fortieth year.
28. In this council, let no judgment be pronounced save in the presence of all the judges. But if any judge, from disease or other cause, shall for a long time be unable to attend the council, let another be chosen for that time to fill his place. But in giving their votes, they are all not to utter their opinions aloud, but to signify them by ballot.
29. Let those who supply others' places in this and the first-mentioned council first be paid out of the goods of those whom they have condemned to death, and also out of the fines of which any are mulcted. Next, after every judgment they pronounce in a civil suit, let them receive a certain proportion of the whole sum at stake for the benefit of both councils.
30. Let there be in every city other subordinate councils, whose members likewise must not be chosen for life, but must be partially renewed every year, out of the clans who live there only. But there is no need to pursue this further.
31. No military pay is to be granted in time of peace; but, in time of war, military pay is to be allowed to those only, who support their lives by daily labour. But the commanders and other officers of the battalions are to expect no other advantage from war but the spoil of the enemy.
32. If a foreigner takes to wife the daughter of a citizen, his children are to be counted citizens, and put on the roll of their mother's clan. But those who are born and bred within the dominion of foreign parents should be allowed to purchase at a fixed price the right of citizenship from the captains of thousands of any clan, and to be enrolled in that clan. For no harm can arise thence to the dominion, even though the captains of thousands, for a bribe, admit a foreigner into the number of their citizens for less than the fixed price; but, on the contrary, means should be devised for more easily increasing the number of citizens, and producing a large confluence of men. As for those who are not enrolled as citizens, it is but fair that, at least in war-time, they should pay for their exemption from service by some forced labour or tax.
34. Those that attend the court, and are the king's servants, and are paid out of his privy purse, must be excluded from every appointment and office in the commonwealth. I say expressly, "and are paid out of the king's privy purse," to except the body-guard. For there should be no other body-guard, but the citizens of the king's city, who should take turns to keep guard at court before the king's door.
35. War is only to be made for the sake of peace, so that, at its end, one may be rid of arms. And so, when cities have been taken by right of war, and terms of peace are to be made after the enemies are subdued, the captured cities must not be garrisoned and kept; but either the enemy, on accepting the terms of peace, should be allowed to redeem them at a price, or, if by following that policy, there would, by reason of the danger of the position, remain a constant lurking anxiety, they must be utterly destroyed, and the inhabitants removed elsewhere.
36. The king must not be allowed to contract a foreign marriage, but only to take to wife one of his kindred, or of the citizens; yet, on condition that, if he marries a citizen, her near relations become incapable of holding office in the commonwealth.
37. The dominion must be indivisible. And so, if the king leaves more than one child, let the eldest one succeed; but by no means be it allowed to divide the dominion between them, or to give it undivided to all or several of them, much less to give a part of it as a daughter's dowry. For that daughters should be admitted to the inheritance of a dominion is in no wise to be allowed.
39. As for the citizens, it is manifest (Chap. III. Sec. 5) that every one of them ought to obey all the commands of the king, and the decrees published by the great council, although he believe them to be most absurd, and otherwise he may rightfully be forced to obey. And these are the foundations of a monarchical dominion, on which it must be built, if it is to be stable, as we shall show in the next chapter.
40. As for religion, no temples whatever ought to be built at the public expense; nor ought laws to be established about opinions, unless they be seditious and overthrow the foundations of the commonwealth. And so let such as are allowed the public exercise of their religion build a temple at their own expense. But the king may have in his palace a chapel of his own, that he may practise the religion to which he belongs.
1. Curtius, x. 1.