I. Perceiving them all now eager to listen to him, Scipio thus began to speak. “It was old Cato, to whom as you know I was singularly attached, and whom I admired in the highest degree: to whom, either through the advice of both my parents, or from my own prepossession, I devoted myself entirely from my youth; whose conversation never could satiate me. Such was the experience of the man in public affairs, which he had for a long time successfully conducted in peace and war. His manner of speaking too, a facetiousness mixed with gravity: his constant desire also to improve himself and others; indeed his whole life in harmony with his maxims. He was wont to say, that the condition of our country was pre-eminent above all others for this cause. That among other people, individuals generally had respectively constituted the government by their laws and by their institutes, as Minos in Crete, Lycurgus in Lacedemon. At Athens, where the changes were frequent, at first Theseus, then Draco, then Solon, then Clisthenes; afterwards many others. Finally exhausted and prostrated, it had been upheld by that learned man Demetrius, of Phalera. But that the constitution of our republic was not the work of one, but of many; and had not been established in the life of one man, but during several generations and ages. For he said so powerful a mind had never existed; from which nothing had escaped; nor that all minds collected into one, could foresee so much at one time, as to comprehend all things without the aid of practice and time. For which reason, as he was wont, so shall my discourse now repeat the origin of the people; for I have a pleasure in using the very words of Cato. But I shall more easily follow up my proposition in describing our own republic to you, in its infancy, its growth, in its adult, and its present firm and robust state; than if I were to create an imaginary one, as Socrates is made to do in Plato.

II. When all had approved of this, he proceeded. “What beginning, therefore, have we of the establishment of a republic so illustrious and so known to you all, as the origin of the building of this city by Romulus, born of his father Mars? For let us concede to the common opinion of men, especially as it is not only well established, but also wisely recorded by our ancestors, that those who have deserved well of us on account of our common interest, be deemed not only to have possessed a divine genius, but also a divine origin. He therefore after his birth, with Remus his brother, is said to have been ordered to be exposed on the Tiber, by the Alban king, Amulius, apprehensive lest his kingdom should be shaken. In which place, having been sustained by the teats of a wild beast, the shepherds took him, and brought him up in the labour and cultivation of the fields. It is said, that when he had grown up, he was distinguished above the rest by his corporeal strength, and the daringness of his mind. So that all who then inhabited the fields, where at this day stands the city, obeyed him willingly and without dissent. And being constituted their leader, that we may now come from fables to facts, with a strong force he took Alba-longa, a powerful and well constructed city in those times, and put the king Amulius to death.

III. Having acquired which glory, he is said first to have auspiciously thought of building a city, and of establishing a government. In regard to the situation of the city, a circumstance which is most carefully to be considered by him, who endeavours to establish a permanent government; he chose it with incredible skill. For neither did he remove to the sea, although it was a very easy thing for him with his forces, to march through the territory of the Rutulians and Aborigines; neither would he build a city at the mouth of the Tiber, to which place the king Ancus led a colony many years after. For he perceived, with an admirable foresight, that maritime situations were not proper for those cities which were founded in the hope of continuance, or with a view to empire. First, because maritime towns were not only exposed to many dangers, but to unseen ones. For the ground over which an expected enemy moves, as well as an unexpected one, announces his approach beforehand by many indications: by sound itself of a peculiarly tumultuous kind. No enemy can make a march, however forced, without our not only knowing him to be there, but even who he is, and whence he comes. But a maritime enemy and a naval force may be before you, ere any one can suspect him to be come. Nor even when he does come, does he carry before him any indication of who he is, or from whence he comes, or even what he wants. Finally by no kind of sign can it be discerned or determined whether he is a friend or an enemy.

IV. In maritime cities, too, a sort of debasing and changeable manners prevail. New languages and new customs are mingled together, and not only productions but manners are imported from abroad; so that nothing remains entire of the pristine institutions. Even they who inhabit those cities are not faithful to their homes, but with capricious inclinations and longings are carried far from them; and although their persons remain, their minds are rambling and wandering abroad. Nor did Carthage or Corinth, long before shaken, owe their ruin to any thing more than to the unsettled scattering of the citizens, who abandoned the study of agriculture and arms through their cupidity of gain and love of roaming. Many pernicious excitements too to luxury, are brought over the sea to cities by commercial importation or by conquest. Even the very amenity of the situation suggests many costly and enervating allurements. What I have said of Corinth, I know not if I may as truly say of all Greece; for almost all Peloponnessus lies on the sea, and except the Phliuntians, there are none whose lands do not extend to the coast. Beyond Peloponnessus, the Enianes, the Dorians, and the Dolopians are the only people in the interior. What shall I say of the islands of Greece? which surrounded with billows, float about as it were with the institutions and manners of their cities. These things as I said before, relate to ancient Greece; but of the colonies brought by the Greeks into Asia, Thrace, Italy, Sicily, and Africa, except Magnesia alone, which of them is not washed by the ocean? Thus a part of the Grecian shores seemed to be joined to the lands of the barbarians. For among the barbarians themselves, none were a maritime people, except the Etruscans and the Carthagenians; the one for the sake of commerce, the other for the sake of piracy. A most obvious cause of the evils and revolutions of Greece, arising from the vices of these maritime cities, which awhile ago I slightly touched upon. Nevertheless among these evils there is a great convenience. The products of every distant nation can be wafted to the city you inhabit; and in return the productions of your own lands can be sent or carried into whatever countries you choose.

V. Who then more inspiredly than Romulus could secure all the maritime conveniences, and avoid all the defects? placing the city on the banks of a perennial river, broadly flowing with an equal course to the sea. By which the city might receive what it wanted from the ocean, and return whatever was superfluous. Receiving by the same channel all things essential to the wants and the refinements of life, not only from the sea, but likewise from the interior. So that it appears to me, he had foreseen this city, at some period, would be the seat and capital of a mighty empire: for a city placed in any other part of Italy would not easily have been able to acquire such a powerful influence.

VI. As to the native defences of the city, who is so unobservant as not to have them marked and fixed in his mind? Such is the alignment and direction of the wall, which by the wisdom of Romulus, as well of succeeding kings, was bounded on every part by lofty and craggy hills: so that the only entrance, which was between the Esquiline and the Quirinal hills, was defended by a huge mound, and a very wide ditch. The citadel, surrounded by this craggy and seemingly hewn rock, had such a gallant position, that in that furious invasion of the terrible Gauls, it remained safe and intact. He choose also a place abounding in springs, and salubrious even in a pestilent region. For there are hills which while they enjoy the breezes, at the same time throw a cool shade upon the vallies.

VII. These things were done too with great celerity. For he not only founded a city, which he ordered to be called Rome, from his own name; but to establish it, and strengthen the power of the people and his kingdom, he adopted a strange and somewhat clownish plan, but worthy of a great man, whose providence extended far into futurity. When the Sabine virgins, descended from respectable families, were come to Rome to see the games, whose first anniversary he had then ordered to be celebrated in the circus, he ordered them to be seized during the sports, and gave them in marriage to the most honourable families. For which cause, when the Sabines had made war upon the Romans, and when the success of the battle was various and doubtful, he struck a league with Tatius, king of the Sabines, at the entreaty of the very matrons who had been seized: in consequence of which he admitted the Sabines into the city: and mutually having embraced each others sacred rites, he associated their king with him in the government.

VIII. After the death however of Tatius, all the power came back into his hands: although he had admitted some chiefs into the royal council with Tatius, who were called fathers, on account of the affection borne to them. He also divided the people into three tribes, named after himself, after Tatius, and after Lucumon, a companion of Romulus, who had been slain in the Sabine war: and into thirty curia, which curia he called by the names of those from among the Sabine virgins seized, at whose entreaties the peace and league had been formed. But although these things were done before the death of Tatius, yet after that event, his government became much better established, aided by the authority and counsel of the fathers.

IX. In the which he saw and judged as Lycurgus at Sparta had done, a little while before him: that states were better governed by individual command and royal power, if the authority of some of the better class were added to the energy of that kind of government. Thus sustained, and as it were propped up by the senatorial authority, he carried on many wars very successfully with his neighbours; and appropriating to himself no part of the spoil, he never ceased to enrich the citizens. At that time Romulus paid in most things attention to auspices, a custom we still retain, and greatly advantageous to the republic. For he built the city under the observance of auspices at the very beginning of the republic; and in the establishment of all public affairs, he chose an augur from each of the tribes to assist him in the auspices. He also had the common people assigned as clients to the principal men, the utility of which measure I will afterwards consider. Fines were paid in sheep and cattle: for then all property consisted in flocks, and in possessions of lands, whence the terms pecuniary^[12] and landholders^[13] were derived. He did not attempt to govern by severity or the infliction of punishments.

X. When Romulus had reigned thirty-seven years, and had established those two excellent foundations of the state, the auspices and the senate, he obtained this great meed: for when he had disappeared upon a sudden obscuration of the sun, he was deemed to have been placed among the number of the gods. A belief which no mortal had ever inspired without the greatest pre-eminence in virtue. And this is most to be admired in Romulus, that others who are said to have been deified out of the mortal state, lived in the less civilized ages of man, when the proneness to fiction was great, and the unenlightened were easily led to believe in it. But during the period of Romulus, not quite six hundred years ago, we know that learning and literature existed, and that the ancient errors peculiar to the uncultivated ages of mankind were removed. For if Rome, according to an investigation of the annals of the Greeks, was built in the second year of the seventh olympiad; the reign of Romulus occurred at that period when Greece was full of poets and musicians; and when but little faith would be given to fabulous stories, unless they were concerning very ancient things. For one hundred and eight years after Lycurgus ordained laws to be written, the first olympiad was established: which through a mistake in the name, some have thought to be founded by Lycurgus. Homer, however, by those who take the lowest period, is made to precede Lycurgus about thirty years. From which it may be gathered that Homer flourished many years before Romulus. So that there was scarce room in so intelligent an age, and amid so many learned men, for any one to establish fictions. Antiquity sometimes has received fables crudely devised, but that age already refined, and especially deriding improbable events, has rejected * * *

* * * * Simonides was born in the fifty-sixth olympiad, by which the credit given to the immortality of Romulus may be more easily understood, seeing that the institutions of society were then so well established, organized, and known. But really so great was the force of his genius and virtue, that what men would have given no credit to for many ages in favour of any other man, was believed of Romulus upon the evidence of Proculus Julius, a countryman, who at the instigation of the fathers, in order to repel from themselves every suspicion of the death of Romulus, is said to have declared in the assembly, that he had seen Romulus on that mount which is now called Quirinal; and that he had commanded him to request the people to erect a temple for him upon that hill; that he was a god, and was called Quirinus.

XI. “Do not you perceive therefore a new people not only sprung from the wisdom of one man, and not left crying in leading strings, but already grown up, and almost an adult?” “Indeed we perceive it,” said LÆlius, “and that you have entered upon a new method of discussion, which is no where to be found in the writings of the Greeks. For that pre-eminent person,^[14] whom no one has excelled in writing, has imagined to himself a situation, in which he might construct his city after his own pleasure: admirable enough perhaps, but foreign to the conduct and the manners of men. Others have discussed the subject in relation to the kinds and causes of governments, but not under any particular example of a form of government. You seem to me to be about to do both, for according to your method, you appear to prefer to attribute to others what you yourself have observed, than to imagine a state of things, as Socrates is made to do in Plato. And these matters respecting the foundation of the city, you suppose to be part of a system, which were only adopted by Romulus through necessity or chance. And your discourse is not of a desultory kind, but concerning a particular commonwealth. Wherefore proceed as you have begun, for already I perceive you are about to follow on with the other kings, as perfecting the government.”

XII. “Wherefore,” said Scipio, “when the senate, which Romulus had instituted out of the better class, and which had been so much favoured by the king, as to cause them to be called fathers, and their children patricians; endeavoured after the death of Romulus, to carry on the government itself without any king; the people would not endure it, and in their regret for Romulus did not cease to demand a king. Upon which the leading men prudently imagined a mode of interregnum, new and unknown to other nations. So that until a regular king was proclaimed, neither the city should be without a king, nor with one too long a period. Fearing lest from too long an enjoyment of the government, the interrex should be reluctant to lay it down, or strong enough to maintain himself in it. Even in these times, this new people perceived what had escaped the Lacedemonian Lycurgus; who esteemed it best not to choose a king, if this were indeed in the power of Lycurgus to do, but rather to be governed by any one whatever descended from the race of Hercules. But our ancestors, rude as they appear to have been, thought it behoved them rather to look to royal wisdom and virtue, than to descent.

XIII. When the great fame of Numa Pompilius had reached them, the people, leaving aside their own citizens, called in by the authority of the fathers, a king not born among them, and sent to the Curians for a Sabine to reign over Rome. When he arrived, although the people had decided that he should be king in the conventions of the curia, nevertheless he himself had a law passed in the curia concerning his own power; and as he saw the Romans through the institutions of Romulus were eager after warlike pursuits, he deemed it proper to wean them somewhat from that propensity.

XIV. And first, the lands which Romulus had acquired in war, he divided equally among the citizens; and pointed out to them, that without depopulating and pillaging, they might possess all the necessaries of life, by the cultivation of their lands. He inspired them also with the love of peace and repose, under which justice and good faith most kindly flourish; and under the protection of which, the cultivation of the fields, and the gathering of the harvest are most secure. The same Pompilius having established auspices of a superior kind, added two augurs to the ancient number, and placed five priests over sacred things from the class of the chief men. And having established those laws which we possess in our monuments, he softened, by the ceremonies of religion, minds which were inflamed by the habit and inclination of making war. He added also Flamens, Salii, and Vestal Virgins; and established with great solemnity all the branches of religion: ordaining many ceremonies to be learnt and observed, but without any expense. Thus he increased the duty of religious observances and diminished the cost of them. In like manner he established markets, games, and all the stated occasions of assembling the people together. Under which institutions, he recalled the minds of men become fierce and wild in warlike pursuits, to humanity and gentleness. When he had reigned thirty-nine years in the most perfect peace and concord, (in this we follow principally our friend Polybius, than whom no one was more accurate in ascertaining periods,) he departed from life; having strengthened every thing for the endurance of the government, by those two conspicuous virtues, religion and clemency.

XV. When Scipio had spoken these words. “Is it true, Africanus,” said Manilius, “what tradition has brought down to us, that this king Numa was a disciple of Pythagoras, or is it certain he was a Pythagorean? For often we have heard this, as having been declared by old people, and understand it also to be the common opinion; yet we do not see it sufficiently proved by the authority of the public annals.” “It is false,” replied Scipio, “entirely so Manilius! Not false alone, but ignorantly and absurdly false; for the mendacity of those assertions is not to be endured, which we not only see are not true, but which could never have been so. It was in the fourth year of the reign of Lucius Tarquinius Superbus, that Pythagoras is ascertained to have come to Sybaris and Crotona, and those parts of Italy. For the sixty-second Olympiad announces that very arrival of Pythagoras, and the beginning of the reign of Superbus. From which it may be understood by a calculation of the reigns, that Pythagoras touched first at Italy about a hundred and forty years after the death of Numa. Nor has this fact, by those who have very diligently investigated the annals of the times, ever been thrown into any doubt.” “Immortal gods,” said Manilius, “how inveterate and great is the error of men! Nevertheless, I can be very well pleased in the belief, that our intelligence has not been derived from abroad, and through foreign arts, but from natural and domestic virtues.”

XVI. “You will distinguish that more clearly,” said Africanus, “when you perceive how the commonwealth advances and comes to the greatest perfection by a straight forward and natural course. For in this also the wisdom of our ancestors is to be praised; that many things derived from abroad, have been rendered much more perfect by us, than they were from whence they were brought, and where they first had existence. You will see also that the greatness of the Roman people has not been confirmed by chance, but by wisdom and discipline. Fortune indeed being propitious to us.

XVII. King Pompilius being dead, the people upon the proposition of an interrex, created Tullus Hostilius king, in the conventions of the curia; and he, after the example of Pompilius, consulted the people in the curia, concerning his power. His military glory was great, and important warlike affairs took place. He constructed edifices for the senate and the curia, and surrounded them with military trophies. He established a law also for the declaration of war, which most justly decreed by him, he made more sacred by the solemnity of Heralds: so that every war which was not proclaimed and declared, was deemed to be impious and unjust. And observe how wisely our kings saw that some sort of deference must be paid to the people. I might say many things on that head. Tullus indeed did not venture to appear with royal insignia unless at the command of the people. For in order that it might be lawful for him to be preceded by twelve lictors with their fasces * *

XVIII. * * * * * “The government which your discourse is establishing, does not creep, but rather flies towards perfection.” S. “After him, Ancus Martius, grandson to Numa Pompilius by his daughter, was made king by the people, who had his elevation sanctioned by a law of the curia. Who having conquered the Latins in a war, incorporated them into the state. He also added the Aventine and CÆlian Mounts to the city. The lands too which he had conquered he distributed, and made a public domain of all the forests he had taken on the sea coast. He built a city at the mouth of the Tiber, and planted a colony there. When he had thus reigned twenty-three years, he died. “This king also is to be praised,” said LÆlius, “but the Roman history is obscure: for although we know who was the mother of this king, we do not know who was his father.” S. “So it is” said he, “but generally the names of the kings only of those times are conspicuous.”

XIX. “But it is here that we first perceive the city to have become more intelligent by extrinsic information. For not a gentle stream flowed from Greece into this city, but an abundant flood of arts and knowledge. It is stated that one Demaratus, a Corinthian, a principal man, and of much honour and authority in his own city, and of an easy fortune, not being able to endure Cypselus, the tyrant of the Corinthians, fled with a great deal of money, and betook himself to a flourishing city of Etruria, among the Tarquinians. When he had heard that the domination of Cypselus was confirmed, being an independent and powerful man, he renounced his country, and was received a citizen by the Tarquinians: and in that city he fixed his home and establishment. Where when he had begotten two sons from one of the Tarquinian matrons, he instructed them in all the arts after the manner of the Greeks * * * *

XX. * * * * * He was well received in the city, and became intimate with king Ancus on account of his learning and liberal knowledge. So much so that he shared all his counsels, and might be deemed even a partner in his kingdom. For there was a great affability in him, and an extreme readiness in aiding, protecting, and doing liberal acts to every citizen. Martius therefore being dead, L. Tarquinius was created king by the united suffrages of the people; for thus he had changed his name from his Grecian one, that in every thing he might be seen to imitate the manners of the people. Having caused his accession to be confirmed by a law, he doubled the pristine number of the fathers; calling those whose opinions he first asked, ancient fathers of the greater families; and those whom he had admitted, he called the lesser families. Then he established the knights; after the manner that has obtained unto our day. He could not change the names of the Titienses, of the Rhamnensians, or the Luceres, when he wished to do so; because Attus NÆvius being then Augur in great reputation, would not consent to it. We see the Corinthians chose formerly to assign cavalry for the public service, and to have their expenses defrayed by taxes on orphans and widows. But to the old troops of horse he added others, and made twelve hundred knights. He doubled this number after he had subdued the Equi in war, a powerful and ferocious race, which threatened the affairs of the Roman people. And when he had driven the Sabines from the walls of the city, he scattered them with his horse and conquered them. It is he whom we understand to have instituted the great games, which we call Roman, and to have made a vow during the Sabine war, while in battle, that he would raise a temple on the capitol to the great and good Jupiter. He died when he had reigned thirty-eight years.

XXI. “Now,” said LÆlius, “is that saying of Cato very certain, that the constitution of the state is not the work of one moment or one man: for it is evident how great an accession of good and useful institutions occurred under each reign. But he comes next, who appears to me to have looked farther than them all into the nature of government.” “So it is,” said Scipio, “for after him Servius Sulpicius is stated first to have reigned without the command of the people. He is said to have been born of a Tarquinian slave: she having conceived him by some client of the king. Brought up among the number of the servants, when he attended at the royal table, he did not suppress those sparks of genius, which even then shone forth in the boy: so shrewd was he in every thing, whether in business or conversation. Wherefore Tarquin, who at that time had only young children, became so attached to Servius, that he was generally thought to be his son; and with great pains instructed him in all those arts, which he himself had been taught, after the very superior manner of the Greeks. But when Tarquin had perished by the plots of the sons of Ancus, Servius, as I before said, began to reign, not by the command, but by the assent and sufferance of the people. For when Tarquin was falsely said to be alive, and sick from the effects of his wound; he declared the law in royal pomp, and discharged debtors with his own money. Conducting himself with much courtesy, he declared that he pronounced the law at the command of Tarquin. He did not commit himself to the fathers, but Tarquin being buried, he conferred with the people about himself, and being authorised to reign, he had his accession confirmed by a law of the curia. And first he avenged himself by war, for injuries received from the Etruscans, * * * * * *

XXII. * * he inscribed eighteen centuries of horse in the great register. Afterwards having set apart a great number of equestrians from the mass of the whole people, he distributed the rest of the citizens into five classes, and divided the old from the young: and classed them in such a manner, that the suffrages were not in the power of the multitude, but of the landed proprietors. He was careful of what ought always to be observed in government; that numbers alone should not have the ascendency. Which classification if it were unknown to you, should be explained by me. You will perceive the plan was such, that the centuries of horse with six suffrages, (a century being added from the carpenters on account of their great utility to the city,) and the first class, make eighty-nine centuries: to which from the one hundred and four centuries, for so many remain; if only eight are added, the whole power of the people is obtained: and the much greater multitude comprehended in the ninety-six centuries remaining, is neither excluded from voting, lest it should seem disdainful; nor is it made too effective, lest it should be dangerous. In the which matter he was very circumspect even as to terms and names. Those from among the wealthy he called “assiduos”^[15] from paying their taxes in money. Those who possessed no more than one thousand five hundred pieces of brass, or those who were polled in the register without any possessions whatever, he called proletaries; as if progeny only; that is, as if nothing but population might be expected from them. But of those ninety six centuries, more were enumerated in one century, than almost in the whole first class. Thus the right of suffrage was not prohibited to any one by law, and that class had a greater weight of suffrage, which had most at stake in the preservation of good government. As to public criers, men hired for parade, clarion players, horn players, and proletaries, * * * *

XXIII. * * * * * Was^[16] sixty-five years more ancient, being built thirty-nine years before the first olympiad. And the very ancient Lycurgus had the same thing in view. This equality therefore, and this triple nature of public affairs appears to me to have been common to us and to those people. But what is peculiar in our republic, and than which nothing can be more admirable, I will look very critically into if I am able; as nothing similar is to be found in any government. For these things which I have adverted to, were so mingled in this state, and among the Lacedemonians, and the Carthagenians, that they were not properly balanced. For in whatever government any one man enjoys perpetual power, especially royalty, although even a Senate may exist in it, as was the case at Rome under the kings, and in the laws of Lycurgus at Sparta; and even granting the people some share in the government, as was the fact under our kings: still that royal name will stand pre-eminent, nor can a government of that kind be any thing but a kingdom, or be called otherwise. But such a form of government is especially subject to change for this reason; that it easily falls into the most unprofitable courses, precipitated thereunto by the vices of one man. For the royal form of government itself, not only is not to be condemned, but I know not whether it is not greatly to be preferred to the other simple forms, if I could approve of any simple form of government. But only as long as it preserves its proper character, which is that the safety, the equality, and tranquillity of the citizens, are to be preserved by the justice, the wisdom, and the perpetual power of one man. Many things however are altogether wanting to a people subject to a king. Liberty among the first: which is not that we may live under a just master, but under none at all. * * *

XXIV. For some time fortune prosperously accompanied this unjust and cruel master in the administration of affairs. He subdued all Latium in war, and took Suessa, an opulent and well stored Pometian city. Enriched with great spoils of gold and silver, he accomplished the vow of his ancestor in the building of the capitol. He established colonies, and according to the institutions of those from whom he had derived his origin, he sent magnificent gifts, as offerings of his spoils, to Apollo at Delphos.

XXV. Here the very circle is set in motion, whose natural movement and revolution you learn to distinguish from the beginning. For the very head of discretion in civil matters, upon which all our discourse turns, is to observe the ways and bendings of public affairs; so that when you perceive what way any thing inclines, you may either keep it back, or meet it by opposing other things to it. For the king of whom I speak, having stained himself first with the murder of a good king, no longer preserved his integrity of mind, and wished to inspire fear himself, because he dreaded every sort of punishment for his wickedness. Afterwards borne up with his victories and riches, he exulted with insolence, and imposed no restraint on his own conduct, or the licentiousness of his followers. Wherefore when his eldest son had used violence with Lucretia, the wife of Collatinus, and daughter of Tricipitinus, and the noble and chaste woman had inflicted death upon herself on account of that injury; L. Brutus, a man pre-eminent in mind and courage, released his fellow citizens from that unjust yoke of a cruel slavery: who, although he was a private citizen, sustained the whole government, and was the first who taught in this city, that no man was to be considered insignificant, when the public liberties were to be preserved. Under which leader and head, the whole city being in commotion, as well with the recent complaints of the family and kindred of Lucretia, as with the remembrance of the many wrongs done by the haughtiness of Tarquin himself, and his sons; the banishment of the king, his children, and his whole race was pronounced.

XXVI. Do not you perceive then how a master may spring out of a king, and how a form of government from being good, may become the very worst, through the vice of one man. This is that master over the people, whom the Greeks call tyrant; him only they esteem a king, who consults like a parent with the people, and preserves those over whom he is placed, in the most prosperous condition of life. A sort of government very good as I have said, but bordering upon and inclining to a very pernicious one. For when this king deviates into unjust rule, at once he becomes a tyrant, and an animal more hideous, more destructive, and more odious, in the eyes of gods and men cannot be conceived: surpassing, although in the human form, the most monstrous wild beasts in cruelty. How can he be rightly called a man, who observes no fellowship of humanity with his fellow citizens, no communion of law with the whole race of man? But a more proper place to speak of this will occur, when circumstances will suggest to us to speak of those, who have sought to usurp the Government over free cities.

XXVII. You have here then the origin of a tyrant, for the Greeks would have this to be the name of an unjust king. Our ancestors indeed have called all who have had an exclusive and perpetual dominion over the people, kings. Thus Spurius Cassius, M. Manilius, and Spurius MÆlius, are said to have wished to establish a kingdom, and even * * * * * *

XXVIII. Lycurgus gave the name of ancients^[17] at Lacedemon, to that too small number of twenty-eight, to whom he wished the whole authority of counsel to be confided, while the sole command should be held by the king. Wherefore our ancestors translating and adopting that term, those whom he called ancients, they called a senate: as we have already stated Romulus to have done with the select fathers. Nevertheless, the royal title, and its strength and power were always pre-eminent. Impart too something of power to the people, as was done by Lycurgus and Romulus, and you will not satisfy them with freedom, but you will inflame them with the passion of liberty, when you have only permitted them to taste of power. The fear indeed will always hang over them, lest they should have an unjust king, which generally happens. The fortune therefore of a people is, as I said before, very uncertain, which is placed in the will or conduct of one man.

XXIX. Wherefore this first form, example, and origin of a tyrant, is found by us in that very government which Romulus instituted with auspices, and not in that, which Plato says Socrates imagined to himself in that peripatetic discourse. And as Tarquin subverted the whole fabric of royalty, not because he grasped a new sort of authority, but because he made a bad use of it; so let us oppose to him another; a good man, wise and expert in every thing useful and dignified in civil life: a tutor and steward as it were of the commonwealth, for so may be called whoever is the ruler and governor of a state. Imagine to yourselves that you recognise such a man; one who can protect the state, both by his counsel and conduct. And since the name of such a man has not been alluded to in this discourse, and that a character of this kind will be frequently treated of in what remains to be said * * * * * *

XXX. * * * * * * Plato described a state more to be desired, than to be hoped for upon the smallest scale. He did not constitute things as they might exist, but in such a manner as the nature of civil affairs might be considered. As to myself, if in any way I am able to accomplish it, with the same principles which he had in view, I will look, not into the picture and shadow of a state, but into a most powerful republic; that I may appear to touch, as it were, the true cause of every public good and evil. After these two hundred and forty years of regal government, and indeed a little more, including the interregnums, Tarquin being banished, the royal title was as odious to the Roman people, as it had been regretted after the death, or rather the disappearance of Romulus, and as much as they wanted a king then, in like manner, after the expulsion of Tarquin, they could not endure the name of one.

XXXI. Under this feeling our ancestors then expelled Collatinus, who was innocent, through apprehension of his family connexions, and the other Tarquins from disgust at their names. From the same cause too P. Valerius ordered the fasces to be lowered when he began to speak before the people; and had his building materials taken to the foot of the Velia, as soon as he perceived the suspicions of the people to be raised on account of his having begun to build in a more conspicuous part of the Velia, the very place where King Tullus had dwelt. He also, in the which he greatly deserved the name of Publicola, had that law passed for the people, which was first carried in the meetings of the centuries, that no unfriendly magistrate should put to death, or flog any Roman citizen for appealing. The pontifical books however declare appeals to have existed under the kings; the augural records show it also. The twelve tables too in many laws indicate that it was lawful to appeal from every judgment and punishment. What is brought down to us by tradition, of the Decemvirs who wrote the laws, being created without any appeal, sufficiently shows that the other magistrates had not the power of judging without appeal. The law, too, which for the sake of concord passed in the consulate of Lucius Valerius Potitus, and M. Horatius Barbatus, men very justly popular; sanctioned the principle, that no magistrate should be created without appeal. Nor did the Portian laws, which are three as you know of the three Portii, contain any thing new except the confirmation of it. Publicola therefore, upon the law in favour of appeal being published, immediately ordered the axes to be taken from off the fasces, and the next day had Sp. Lucretius appointed to him as his colleague: being his superior in age, he ordered his own lictors to go to him; and first established the custom that lictors should precede each of the consuls, alternate months, lest the ensigns of command among a free people, should be as numerous as in a kingdom. There was something more than mediocrity in this man, as I consider him: who having given a moderate liberty to the people, preserved more easily the authority of the chiefs. Nor do I repeat these things, now so old and obsolete to you, without cause. I select examples of men and things drawn from illustrious persons and times, to which the remainder of my discourse shall be applied.

XXXII. In such a manner the senate governed the commonwealth in those days, that though the people were free, still they interfered in but few things. Public affairs were principally managed under the authority, and by the rules and customs of the senate. And although the consuls possessed their power only for a year, it was royal in its nature and effect. And this was strenuously preserved, as necessary to the preservation of the influence of the nobles and principal chiefs, that nothing should be established in the meetings of the people, which was not sanctioned by the authority of the fathers. In these very times too, T. Larcius was appointed dictator, about ten years after the first consuls. A new kind of authority, very much resembling, as we perceive, the royal power. But all great matters were conducted by the authority of the principal men, the people submitting to it. And great events took place in those times in war, under renowned men in the supreme command, from among those very dictators and consuls.

XXXIII. But what belongs to the very nature of things, as that a people emancipated from kings, should take a little more power to themselves; was brought about not long after, about the sixteenth year, in the consulate of Postumus Cominus, and Sp. Cassius. Not in the right way perhaps, but it is of the nature of public affairs frequently to deviate from what is right. For observe what I said in the beginning, that unless an equable compensation prevails in a state, in the laws, in offices, in emoluments; so that the magistrates enjoy their proper degree of power; the chief men their authority in council, and the people their liberties, such a state of the government cannot remain unchanged. For when the city was in commotion on account of the pressure of their debts, the people first occupied the Sacred Mount, then the Aventine. Nor could the discipline even of Lycurgus keep the Greeks within those restraints. In the reign of Theopompus, at Sparta, those five whom they call Ephori; the ten too in Crete, who are called Cosmoi; arose against the royal power, as the tribunes of the people did against the consular authority.

XXXIV. Perhaps there was a mode by which our ancestors might have relieved the pressure of the law of debt, which had not escaped Solon, the Athenian, some short time before, and which our senate adopted not long after, when on account of the infamous conduct of a creditor, the citizens were liberated from the general oppression, and voluntary bondage on account of debt abolished in future.^[18] And always at such periods, when the common people are exhausted by contributions in times of public calamity, some relief and remedy is to be devised for the common safety. Which the senate having neglected to do, sufficient cause was given to the people to create two tribunes during a sedition of the plebeians, with intent to weaken the power and authority of the senate; which nevertheless remained a grave and great body, bringing forward in the service of the state the wisest and bravest men, and strengthening it by arms and counsel. And their authority was the greater, because far excelling all others in honour, they were less conspicuous for voluptuousness, and not much signalized by their wealth. Their high worth also was the more esteemed in the state, because in private life they diligently assisted individuals by their advice, and by substantial services.

XXXV. In which situation of the republic, the quÆstor accused Sp. Cassius, who enjoyed the highest degree of favour with the people, and was contriving a usurpation of the government; and as you have heard, when his own father stated himself to be satisfied of his guilt, the people assenting to it, he put him to death. It was a grateful thing also to the people, when Sp. Tarpeius, and A. Aternius, consuls, about fifty-four years after the first consuls, carried a law in the meetings of the centuries concerning fines. Twenty years afterwards when L. Papirius, and P. Pinarius, censors, by pronouncing fines, converted the strength of the flocks of many private individuals to the public use; a light valuation of cattle was ordained in the law on fines, during the consulate of C. Julius and P. Papirius.

XXXVI. But some years before, when the senate enjoyed the greatest authority, the people being very patient and obedient, a new plan was instituted. The consuls and the tribunes of the people abdicated the magistracy, and ten men were created with the greatest authority, and without appeal, who were to possess the supreme power, and to inscribe the laws. Who when they with great equity and prudence, had written ten tables of laws, appointed ten other decemvirs for the following year, whose faith and justice are not in like manner praised. From which college, however, comes that praiseworthy act of C. Julius, who stated that in his presence a body had been dug out of the chamber of a patrician, L. Sestius. Although he had supreme power, and as decemvir was without appeal, he admitted him to bail, refusing to lose sight of that most excellent law, which forbids sentence to be pronounced on the head of a Roman citizen, unless in the meetings of the centuries.

XXXVII. A third decemviral year followed under the same men, they being unwilling to appoint others. In this condition of the commonwealth, which I have often already stated not to be lasting, because it is not equable to all the orders of the state, the chief men had the whole government in their hands; the most noble decemvirs being always preferred. No tribunes of plebeians opposed to them, no other magistrates associated with them, and no appeal left to the people against death and stripes. Wherefore on account of the injustice of these men, a great disturbance suddenly arose, and a revolution took place in the whole commonwealth. They added two tables of iniquitous laws, in which the very marriages which were even permitted to strangers, were forbidden by an inhuman law, lest the plebeians should connect themselves with the fathers; which law was afterwards abrogated by the plebicist Canuleius. In all things they conducted themselves libidinously, cruelly, and avariciously towards the people. Upon that celebrated and well known affair contained in many literary records, in which one Decimus Virginius on account of the outrage of one of the decemvirs, slew his virgin daughter with his own hand in the Forum, and fled lamenting to the army which was then on Mount Algide; the soldiers abandoned the war they were then engaged in, and as was before done for a similar cause, first came to the sacred mount, and next to the Aventine * * * * *

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 finding that perfect condition of government, then look at the image which nature presents to us * * *

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] * * * *

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]

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.