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Niccolò Machiavelli
Discourses on the first Ten (Books) of Titus Livius

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    • CHAPTER XLV IT IS A BAD EXAMPLE NOT TO OBSERVE A LAW THAT HAS BEEN MADE, AND ESPECIALLY BY THE AUTHOR OF IT; AND IT IS MOST HARMFUL TO RENEW EVERY DAY NEW INJURIES IN A CITY AND TO THE ONE WHO GOVERNS IT
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CHAPTER XLV

IT IS A BAD EXAMPLE NOT TO OBSERVE A LAW THAT HAS BEEN MADE, AND ESPECIALLY BY THE AUTHOR OF IT; AND IT IS MOST HARMFUL TO RENEW EVERY DAY NEW INJURIES IN A CITY AND TO THE ONE WHO GOVERNS IT

The accord having taken place and Rome restored to its ancient form, Virginius cited Appius before the People to defend his cause. He complied accompanied by many Nobles. Virginius commanded that he be put in prison. Appius begun to shout and appeal to the People. Virginius said that he was not worthy of having that [right of] appeal which he had destroyed, nor to have as defender that People whom he had offended. Appius replied that they [the People] had no [right] to violate that appeal which they had established with so much desire. He was incarcerated, however, and before the day of judgment [came] he killed himself. And although the wicked life of Appius should merit every punishment, none the less it was little consistent to violate the laws, and more so one recently made. For I do not believe there is a worse example in a Republic than to make a law and not to observe it, and much more when it is not observed by those who made it.

Florence, after ninety four [1494], having had its State [Government] reorganized with the aid of Brother Girolamo Savonarola (whose writings show the doctrine, prudence, and the virtu of his spirit) and among other provisions for the security of the Citizens having had a law enacted which enabled an appeal to the People from the verdicts which the [Council of] Eight and the Signoria should give in cases affecting the State (which passage took more time and was attained with the greatest difficulty); it happened that a little after the confirmation of this [law], five Citizens were condemned to death by the Signoria on account of [acts against] the State, and when they wanted to appeal, they were not permitted to do so and the law was not observed. Which took away from the Brother more reputation than any other incident; for if that [right of] appeal was useful, he should have had it observed: if it was not useful, he ought not to have had it passed. And so much more was this incident noted, inasmuch as the Brother, in so many preachings that he made after that law was broken, never condemned those who broke it, or excused them, as one who did not want to condemn a thing that suited his purpose, yet was not able to excuse it. This, having uncovered his ambitions and partisan spirit, took away his reputation and caused him many troubles.

A State also offends greatly when every day it renews in the minds of its Citizens new moods because of new injuries which it inflicts on this one and that one, as happened in Rome after the Decemvirate. For all of the Ten and other Citizens were accused and condemned at different times, so that a great fright existed in the Nobility, judging that there would never be an end to such condemnations until all the Nobility was destroyed. And great evils would have been generated in that City, if it had not been foreseen by the Tribune Marcus Duellius, who issued an edict that for one year it would not be licit to cite anyone or to accuse any Roman Citizen; this reassured all the Nobility. Here it is seen how harmful it is to a Republic or to a Prince to keep the minds of their subjects in a state of fear by continuing penalties and suspended offenses. And without doubt no more pernicious order can be held; for men who begin to be apprehensive of having done a capital evil, will secure themselves from perils in every way, and become more audacious and have less regard in attempting new things. It is necessary, therefore, either never to offend any one or to make the offense at a stroke, and afterwards to reassure men and give them cause to quiet and firm the spirit.




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