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Chapter 7

How Much the Faculty of Accusing [Judiciary] is necessary for a Republic for the Maintenance of Liberty

No more useful and necessary authority can be given to those who are appointed in a City to guard its liberty, as is that of being able to accuse the citizen to the People or to any Magistrate or Council, if he should in any way transgress against the free state. This arrangement makes for two most useful effects for a Republic. The first is, that for fear of being accused, the citizens do not attempt anything against the state, and if they should [make an] attempt they are punished immediately and without regard [to person]. The other is, that it provides a way for giving vent to those moods which in whatever way and against whatever citizens may arise in the City. And when these moods do not provide a means by which they may be vented, they ordinarily have recourse to extra ordinary means that cause the complete ruin of a Republic. And there is nothing which makes a Republic so stable and firm, as organizing it in such a way that changes in the moods which may agitate it have a way prescribed by law for venting themselves. This can be demonstrated by many examples, and especially by that of Coriolanus, which Titus Livius refers to, where he says that the Roman Nobility being irritated against the Plebs, because it seemed to them the Plebs had too much authority concerning the creation of the Tribunes who defended them, and Rome [as happened] experiencing a great scarcity of provisions, and the Senate having sent to Sicily for grain, Coriolanus, enemy of the popular faction, counselled that the time had come [to be able] to castigate the Plebs and take away authority which they had acquired and assumed to the prejudice of the Nobility, by keeping them famished and not distributing the grain: which proposition coming to the ears of the people, caused so great an indignation against Coriolanus, that on coming out of the Senate he would have been killed in a tumultuary way if the Tribunes had not summoned him to appear and defend his cause. From this incident there is to be noted that which was mentioned above, that it is useful and necessary for a Republic with its laws to provide a means of venting that ire which is generally conceived against a citizen, for if these ordinary means do not exist, they will have recourse to extraordinary ones, and without doubt these produce much worse effects that do the others. For ordinarily when a citizen is oppressed, even if he has received an injustice, little or no disorder ensues in the Republic, because its execution is done by neither private nor foreign forces which are those that ruin public liberty, but is done by public force and arrangement which have their own particular limits, and do not transcend to things that ruin the Republic.

And to corroborate this opinion with examples, among the ancient ones I want this one of Coriolanus to be enough, on which anyone should consider how much evil would have resulted to the Roman Republic if he had been killed in the tumults, for there would have arisen an offense by a private [citizen] against a private [citizen]; which offense generates fear, fear seeks defense, for this defense partisans are procured, from the partisans factions arise in the City, [and] the factions cause their ruin. But the matter being controlled by those who had authority, all those evils which could arise if it were governed by private authority were avoided. We have seen in our time that troubles happened to the Republic of............

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