“But,” says he, “when an assembly of men is made sovereign, then no man
imagines any such covenant to have part in the institution.” But what
was that by Publicola of appeal to the people, or that whereby the
people had their tribunes? “Fie,” says he, “nobody is so dull as to say
that the people of Rome made a covenant with the Romans, to hold the
sovereignty on such or such conditions, which, not performed, the Romans
might depose the Roman people.” In which there be several remarkable
things; for he holds the Commonwealth of Rome to have consisted of one
assembly, whereas it consisted of the Senate and the people; that they
were not upon covenant, whereas every law enacted by them was a covenant
between them; that the one assembly was made sovereign, whereas the
people, who only were sovereign, were such from the beginning, as
appears by the ancient style of their covenants or laws--“The Senate has
resolved, the people have decreed,” that a council being made sovereign,
cannot be made such upon conditions, whereas the Decemvirs being a
council that was made sovereign, was made such upon conditions; that all
conditions or covenants making a sovereign being made, are void; whence
it must follow that, the Decemviri being made, were ever after the
lawful government of Rome, and that it was unlawful for the Commonwealth
of Rome to depose the Decemvirs; as also that Cicero, if he wrote
otherwise out of his commonwealth, did not write out of nature. But to
come to others that see more of this balance.
You have Aristotle full of it in divers places, especially where he
says, that “immoderate wealth, as where one man or the few have greater
possessions than the equality or the frame of the commonwealth will
bear, is an occasion of sedition, which ends for the greater part in
monarchy and that for this cause the ostracism has been received in
divers places, as in Argos and Athens. But that it were better to
prevent the growth in the beginning, than, when it has got head, to seek
the remedy of such an evil.”
Public-domain text, read in full here on John Shaqi.
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