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Front Page arrow Titles (by Subject) arrow Sect. II.: The gentleness of the People in their pursuit of Justice against oppressive Magistrates. How readily Men who have oppressed the Law, seek the protection of the Laws. The People not revengeful: they shew mercy where they have found none. - The Works of Tacitus, vol. 3 - Gordon's Discourses II, History (Books 1-2)

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Subject Area: Political Theory
Subject Area: History

Sect. II.: The gentleness of the People in their pursuit of Justice against oppressive Magistrates. How readily Men who have oppressed the Law, seek the protection of the Laws. The People not revengeful: they shew mercy where they have found none. - Publius Cornelius Tacitus, The Works of Tacitus, vol. 3 - Gordon’s Discourses II, History (Books 1-2) [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. 3.

Part of: The Works of Tacitus, 4 vols.

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Sect. II.

The gentleness of the People in their pursuit of Justice against oppressive Magistrates. How readily Men who have oppressed the Law, seek the protection of the Laws. The People not revengeful: they shew mercy where they have found none.

REMARKABLE was the modesty and innocence of the Roman People, after all the violent oppressions of the Decemviri. Even they from the Camp marched peaceably through the City under their arms, and when they might have fallen upon their domestic enemies, the ten insolent Tyrants, and destroyed them at once, they preserved their temper and civil behaviour, hurt no man’s person, no man’s house or fortune. They only desired to be reinstated in their ancient Liberties, and left those who had usurped their Liberties to the chastisement of the Law, an indulgence which they who had destroyed Law could not reasonably have claimed. It is indeed remarkable, that Appius Claudius, the Ringleader of these Usurpers, and the most obnoxious to popular vengeance, he who had abolished all appeals to the People, appealed to them himself when he saw himself reduced to the condition of a Subject; saw himself impleaded for his enormities and lawless rule. Could there be a more mortifying declaration of a man’s own guilt? He who had destroyed all the privileges of the People, had the confidence to implore the People’s protection. As a free Roman Citizen he claimed and prayed an exemption from bonds, after he had imperiously bereft the free citizens of Rome of that just immunity.

The Story is beautifully recounted in the third book of Livy. Appius has had his fellows in other countries, men who would not submit to the decision of Law when they thought themselves above Law; and afterwards, upon the abatement of their pride, were glad to seek its protection; men who promoted arbitrary imprisonments without allowing legal relief from the Tribunals of Justice, then claimed that relief when they came to be imprisoned. Such men are for equal Justice, not when other People want it, but when they want it themselves. Surely if any man ought to be denied the benefit of Justice, it is he who will do none: A consideration which was urged against Appiusb .

I Believe that upon research, it will be generally found, that the People have used their Rulers with much more tenderness than their Rulers have used them; that merciless Usurpers have found mercy, and barbarous Tyrants, when deposed, have not been treated barbarously. That mighty man of blood, Sylla, he who had wantonly massacred thousands, usurped the Government of Rome, filled its streets with carcasses, as well as all Italy with murder and lamentation, a monster of cruelty, an enemy to his country and all men, lived in safety after he had resigned his power, lived in the midst of Rome, a City which he had usurped, oppressed, and caused so often to bleed and mourn: He who by so many violent deaths had made his Country thin, died in peace. So gentle and forgiving were the Romans, that though he walked daily and publicly amongst them without any precaution, they made no attempt upon his life, however hateful and guilty. Doubtless the Athenians might have slain their Tyrant Pisistratus, during so many years as he lived privately in exile after they had expelled him, if their vengeance had prompted them: They suffered him to live in quiet, let him live to enslave them again. Towards Dionysius the younger, the Syracusians manifested themselves equally mild and unrevengeful. When they were released from that filthy Tyrant, saw him a necessitous vagabond, reduced to teach boys, they offered not to disturb him, so far were they from seeking his life, but left him an opportunity of enslaving them once more. Nay, to an Aunt of his, sister to the Tyrant his Father, they always paid the respect due to a lawful Princess, even after the abolition of Tyranny, supported her in princely sort, and buried her magnificently.

The Romans however they regretted the usurpation of Cæsar, regretted his death more. He had done them the highest evil that Man could do, and they grieved for his loss. The People of Ispahan, upon the late Revolution in Persia, shewed more grief for the misfortunes of their Emperor Schah Hussein than for their own, though theirs were as great as could befall human nature; and though from his evil Administration, all their numberless calamities flowed, first all their long pillage and oppression, next war, invaders, and desolation, then famine and a siege, lastly, their subjection to the will and sword of a foreign enemy, fierce, jealous and sanguinary. Yet their chief concern was for their old Emperor, the author and inviter of all their sore afflictions, when they saw him about to resign a crown which he was never worthy to wear.

[b ]Unum Appium Claudium & legum expertem, & civilis & humani fœderis esse.