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Front Page arrow Titles (by Subject) arrow Sect. V.: The Wisdom and Safety of ruling by standing Laws, to Prince and People. - The Works of Tacitus, vol. 1 - Gordon's Discourses, Annals (Books 1-3)

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Subject Area: Political Theory
Subject Area: History

Sect. V.: The Wisdom and Safety of ruling by standing Laws, to Prince and People. - Publius Cornelius Tacitus, The Works of Tacitus, vol. 1 - Gordon’s Discourses, Annals (Books 1-3) [120 AD]

Edition used:

The Works of Tacitus. In Four Volumes. To which are prefixed, Political Discourses upon that Author by Thomas Gordon. The Second Edition, corrected. (London: T. Woodward and J. Peele, 1737). Vol. 1.

Part of: The Works of Tacitus, 4 vols.

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Sect. V.

The Wisdom and Safety of ruling by standing Laws, to Prince and People.

IT was a fine answer of Theopompus King of Lacedæmon to his wife, who reproached him that he would leave the Kingship diminished to his sons, by creating the Ephori: Yes, says he, I shall leave it smaller, but I shall leave it more permanent.Valerius Maximus explains this by a very just reflection; “Theopompus’s reason was full of pertinency and force; for, in reality, that Authority which bounds itself, and offers no injuries, is exposed to none. The king therefore by restraining Royalty within the just limits of Laws, did as much endear it to the Affections of his Countrymen, as he pruned it of all Licentiousness and Terror f .”

It is as rare for a Prince limited by Laws, and content with his power, to reign in sorrow, or to die tragically, as it is uncommon for those who have no bounds set them, or will suffer none, to escape a miserable Reign, and unbloody end. The power of the Roman Kings was, from the first establishment, very short; they had no negative voice in the Senate, and could neither make War nor Peace. What Tacitus says of Romulusg , can only mean his administring justice, as the chief Magistrate, between man and man, or perhaps his encroachments upon the Senate towards his latter end, for which, it is thought, he paid dear.

Where the Government is arbitrary and severe, the oppressed people will be apt to think that no change can make their condition worse; and therefore will be ready to wish for any, nay, to risque a Civil War, risque fresh evils and calamities, to get rid of the present, and to be revenged on their Oppressor. Such was the temper of the Romans upon the revolt of Sacrovir; they even rejoiced in it, and, in hatred to Tiberius, wished success to the public enemy h . People will be quiet and patient under burdens, however heavy, which Law lays on; for they suppose that laws are founded upon reason and necessity; but impositions the most reasonable will be apt to appear unreasonable and tyrannical, where they proceed from the will of one. Mere will is supposed to act without reason, and to be only the effect of wantonness; hence the acquiescence of a free people however taxed, and from their acquiescence, the safety of their Governors. Hence too the industry and wealth, and consequently the peaceableness of the country; for industry and wealth are things exceeding quiet and tame, and only aim at securing themselves; whereas idleness and indigence are uneasy, tumultuous, and desperate. Besides, he who pays twenty shillings in a free Government, and pays it chearfully, would not perhaps, were the Government changed, pay willingly ten, nay, perhaps be unable to pay it, though by the change no new taxes were added. While the Law requires it, he will imagine that no more than enough is required; and as the same Law leaves him all the rest to himself, he will be industrious to acquire more, and as much as he can; but when the quantity of his Tax depends upon the caprice or avarice of one; when the more he is worth, the more he will be taxed, or even fancies that he will be, he will grow idle, discontented and desponding, and rather live poor and lazy, than labour to make his Taxmaster rich. Not to mention the furious Monarchies of the East destructive of all Diligence and Arts; the Comte De Boulainvilliers in his Elat de la France, says, that in some Provinces in France the soil is left uncultivated, and several trades and professions are disused; because the labour of the Husbandman, and the skill and application of the Artist, are rendered abortive by rigorous impositions. They chuse rather to starve in idleness, than to work and starve.

[f ]Optime quidem; ea demum tuta est potentia, quæ viribus suis modum imponit. Theopompus i itur legitimis regnum vinculis constringendo, quo longius a licentia retraxit, hoc propius ad benevolentiam civium admovit. Val. Max L. 4. C. 1.

[g ]Nobis Romulus ad libitum imperitaverat.

[h ]Multi odio præsentium, & cupidine mutationis, suis quisque periculis lætabantur.