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XXXVIII. When Scipio had spoken these things, and all by their silence were expecting the remainder.—“Since my seniors here, Africanus,” said Tubero, “ask you no questions, hear from me what I still find wanting in your discourse.” “Most cheerfully,” replied Scipio. “You appear to me,” said he “to have been pronouncing the eulogium of our republic, when Lælius was inquiring not respecting ours, but of government in general. Nor have I learnt from your discourse, by what discipline, or by what customs or laws, a republic like the one you praise, can be constituted or preserved.”
XXXIX. “I think,” said Africanus, “we shall by and by have a more appropriate occasion, Tubero, of discussing the establishment and preservation of states. In respect to the best kind of government, I deem myself to have sufficiently answered the inquiries which Lælius made. First I pointed out three kinds of government that might be endured, and to these three their very pernicious opposites: that no one among them was the best, but that one moderately balanced from all three, was preferable to either of them. That I have availed myself of our state for an example, was not with a view to define the best form of government, for that could be done without an example. But in truth, that a great state might present the very picture, such as reason and language might describe it to be. But if without going to the example of any people, you are desirous of findingthat perfect condition of government, then look at the image which nature presents to us * * *
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XL. S. * * * a character I have been looking for, and have been desirous of arriving at.
L. The discreet statesman, perhaps?
S. The very same.
L. You have all those present who are so numerous: or you can begin with yourself. “I wish,” said Scipio, “it was proportionally so in the whole senate. However, he is a discreet man, who as we have frequently seen in Africa, seated on a monstrous wild and ferocious animal, governs and directs him; making him kneel down, not with blows, but with a slight sign.”
L. I know, and have often seen it when I was Lieutenant to you.
S. So the Indian or Carthagenian governs a wild beast, and renders it docile and gentle with humane conduct. But that intellectual principle which is hidden in the souls of men, and which is called a part of the soul, does not bridle or tame one easily subdued, whenever it accomplishes it, which rarely happens. For that ferocious animal must be restrained[19]* * * *
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XLII. “Already,” said Lælius, “I see the man I expected, so greatly endowed, and charged with such duties.” “With this duty only,” replied Africanus, “for in this one almost all the rest are included. That in his thoughts and actions he never deviate from himself, so that he may call upon others to imitate him, and that he may offer himself in the purity of his mind and his life, as a mirror to his fellow citizens. For as in stringed instruments or pipes, as well as in singing with voices, a certain harmony is to be formed with distinct sounds, an interruption to which cannot be borne by refined ears; this kindred and harmonious concert being produced by the modification of dissimilar voices. So a government temperately organized from the upper, the lower and middle orders blended together, harmonizes like music by the agreement of dissimilar sounds. And that which in song is called by musicians, harmony, is concord in a state; the strongest and best bond of safety in every republic; yet which without justice cannot be preserved.[20]
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XLIV. “I assent entirely to it,” said Scipio, “and declare freely to you, that we must esteem in nothing all that we have said upon government, or that may remain farther to be said, unless it be established, not only that it is false, that injustice is necessary, but that this is most true; that without the most perfect justice, no government can prosper in any manner. But if you please, thus far for to day. The remainder, for many things remain yet to be said, we will defer until to-morrow.” When this was approved, an end was put to the discussion for that day.
12.Pecuniosi.
12.Pecuniosi.
13.Locupletes.
13.Locupletes.
14.Plato.
14.Plato.
15.Asses dare.
15.Asses dare.
16.Carthage.
16.Carthage.
17.γὲρονταςin the MSS.
17.γὲρονταςin the MSS.
18.This passage appears to deserve a note. The words “nexa” and “nectier” are used in the original. And at the first glance, the passage, connecting it with the well known custom of keeping debtors in chains, as well as the memorable occasion which produced this insurrectionary movement, would appear to declare, that all kinds of bondage for debt were abolished in future. In early periods, whoever was unable to pay his debts, was adjudged by a decree of the prætor, to discharge them in personal services: for which purpose his person was delivered to his creditor; whose slave in every sense of the word he thus became, until the debt was discharged. A debtor thus situated was termed “addictus” or sentenced. Livy, vi. 36., relates “that those against whom judgments had been given, (addictos) were led out daily in herds from the Forum, to the mansions of the patricians, which were filled with enchained debtors: and that wherever a patrician dwelt, there was a private prison.” That all debtors were subject to actual bonds, appears from every indebted person under voluntary judgment, being called “nexus,” meaning linked or chained; and probably when judgment was passed, debtors were delivered in that condition to the creditors. But “nexus” changed its meaning, as the word “bond” has done in our language, where we bind ourselves only with forms. The urgent necessity of the plebeians, arising out of the exactions of the patricians, obliged them to borrow money at usury; and upon such occasions, for money weighed out to him “per æs et libram,” before witnesses, the borrower pledged his person and liberty to the lender as security for the debt. This voluntary act, which was equivalent to a modern confession of judgment, constituted the debtor a “nexus;” before the period of payment had expired, at which time only he was liable to fetters. Upon the occasion of the insurrection mentioned in the passage; a young man of respectable plebeian family, C. Publilius, surrendered himself to Papirius, a patrician usurer, in the place of his father who had failed to redeem himself from his “nexus.” Rejecting the infamous propositions made to him, Papirius caused him to be cruelly scourged. This transaction having roused the people, the senate was obliged to consent to the liberation of all persons who had become “nexi” by their voluntary act, and to order the practice to be discontinued in future.I have translated the passage in accordance with this view of the subject. Niebuhr, vol. i. 506. Livy, vi. 36. viii. 28. &c.
18.This passage appears to deserve a note. The words “nexa” and “nectier” are used in the original. And at the first glance, the passage, connecting it with the well known custom of keeping debtors in chains, as well as the memorable occasion which produced this insurrectionary movement, would appear to declare, that all kinds of bondage for debt were abolished in future. In early periods, whoever was unable to pay his debts, was adjudged by a decree of the prætor, to discharge them in personal services: for which purpose his person was delivered to his creditor; whose slave in every sense of the word he thus became, until the debt was discharged. A debtor thus situated was termed “addictus” or sentenced. Livy, vi. 36., relates “that those against whom judgments had been given, (addictos) were led out daily in herds from the Forum, to the mansions of the patricians, which were filled with enchained debtors: and that wherever a patrician dwelt, there was a private prison.” That all debtors were subject to actual bonds, appears from every indebted person under voluntary judgment, being called “nexus,” meaning linked or chained; and probably when judgment was passed, debtors were delivered in that condition to the creditors. But “nexus” changed its meaning, as the word “bond” has done in our language, where we bind ourselves only with forms. The urgent necessity of the plebeians, arising out of the exactions of the patricians, obliged them to borrow money at usury; and upon such occasions, for money weighed out to him “per æs et libram,” before witnesses, the borrower pledged his person and liberty to the lender as security for the debt. This voluntary act, which was equivalent to a modern confession of judgment, constituted the debtor a “nexus;” before the period of payment had expired, at which time only he was liable to fetters. Upon the occasion of the insurrection mentioned in the passage; a young man of respectable plebeian family, C. Publilius, surrendered himself to Papirius, a patrician usurer, in the place of his father who had failed to redeem himself from his “nexus.” Rejecting the infamous propositions made to him, Papirius caused him to be cruelly scourged. This transaction having roused the people, the senate was obliged to consent to the liberation of all persons who had become “nexi” by their voluntary act, and to order the practice to be discontinued in future.
I have translated the passage in accordance with this view of the subject. Niebuhr, vol. i. 506. Livy, vi. 36. viii. 28. &c.
19.The continuation of this passage is, perhaps, found in Nonius Voc. Exsultare, “which nourishes itself with blood, and which so delights in every kind of cruelty, that it scarcely can be satiated with the sad destruction of human beings.”
19.The continuation of this passage is, perhaps, found in Nonius Voc. Exsultare, “which nourishes itself with blood, and which so delights in every kind of cruelty, that it scarcely can be satiated with the sad destruction of human beings.”
20.Professor Mai quotes the following passage from St. Augustin, De. Civ. Dei, as containing a summary of that part of the discussion interrupted here. “And when Scipio had in a more comprehensive and diffuse way, shown how advantageous justice was to a state, and how injurious the absence of it was: Philus, who was one of those present at the discussion, took it up, and proposed that that subject should be very carefully investigated, on account of the opinion which was obtaining, that governments could not be administered without injustice.”
20.Professor Mai quotes the following passage from St. Augustin, De. Civ. Dei, as containing a summary of that part of the discussion interrupted here. “And when Scipio had in a more comprehensive and diffuse way, shown how advantageous justice was to a state, and how injurious the absence of it was: Philus, who was one of those present at the discussion, took it up, and proposed that that subject should be very carefully investigated, on account of the opinion which was obtaining, that governments could not be administered without injustice.”
CICERO’S REPUBLIC.
CICERO’S REPUBLIC.
CICERO’S REPUBLIC.
CICERO’S REPUBLIC.