SO far of monarchy. But now we will say, on what plan an aristocracy is to be framed, so that it may be lasting. We have defined an aristocratic dominion as that, which is held not by one man, but by certain persons chosen out of the multitude, whom we shall henceforth call patricians. I say expressly, "that which is held by certain persons chosen." For the chief difference between this and a democracy is, that the right of governing depends in an aristocracy on election only, but in a democracy for the most part on some right either congenital or acquired by fortune (as we shall explain in its place); and therefore, although in any dominion the entire multitude be received into the number of the patricians, provided that right of theirs is not inherited, and does not descend by some law to others, the dominion will for all that be quite an aristocracy, because none are received into the number of the patricians save by express election. But if these chosen persons were but two, each of them will try to be more powerful than the other, and from the too great power of each, the dominion will easily be split into two factions; and in like manner into three, four, or five factions, if three, four, or five persons were put into possession of it. But the factions will be the weaker, the more there are to whom the dominion was delegated. And hence it follows, that to secure the stability of an aristocracy, it is necessary to consider the proportionate size of the actual dominion, in order to determine the minimum number of patricians.

2. Let it be supposed, then, that for a dominion of moderate size it suffices to be allowed a hundred of the best men, and that upon them has been conferred the supreme authority of the dominion, and that they have consequently the right to elect their patrician colleagues, when any of the number die. These men will certainly endeavour to secure their succession to their children or next in blood. And thus the supreme authority of the dominion will always be with those, whom fortune has made children or kinsmen to patricians. And, as out of a hundred men who rise to office by fortune, hardly three are found that excel in knowledge and counsel, it will thus come to pass, that the authority of the dominion will rest, not with a hundred, but only with two or three who excel by vigour of mind, and who will easily draw to themselves everything, and each of them, as is the wont of human greed, will be able to prepare the way to a monarchy. And so, if we make a right calculation, it is necessary, that the supreme authority of a dominion, whose size requires at least a hundred first-rate men, should be conferred on not less than five thousand. For by this proportion it will never fail, but a hundred shall be found excelling in mental vigour, that is, on the hypothesis that, out of fifty that seek and obtain office, one will always be found not less than first-rate, besides others that imitate the virtues of the first-rate, and are therefore worthy to rule.

3. The patricians are most commonly citizens of one city, which is the head of the whole dominion, so that the commonwealth or republic has its name from it, as once that of Rome, and now those of Venice, Genoa, etc. But the republic of the Dutch has its name from an entire province, whence it arises, that the subjects of this dominion enjoy a greater liberty. Now, before we can determine the foundations on which this aristocratic dominion ought to rest, we must observe a very great difference, which exists between the dominion which is conferred on one man and that which is conferred on a sufficiently large council. For, in the first place, the power of one man is (as we said, Chap. VI. Sec. 5) very inadequate to support the entire dominion; but this no one, without manifest absurdity, can affirm of a sufficiently large council. For, in declaring the council to be sufficiently large, one at the same time denies, that it is inadequate to support the dominion. A king, therefore, is altogether in need of counsellors, but a council like this is not so in the least. In the second place, kings are mortal, but councils are everlasting. And so the power of the dominion which has once been transferred to a large enough council never reverts to the multitude. But this is otherwise in a monarchy, as we showed (Chap. VII. Sec. 25). Thirdly, a king's dominion is often on sufferance, whether from his minority, sickness, or old age, or from other causes; but the power of a council of this kind, on the contrary, remains always one and the same. In the fourth place, one man's will is very fluctuating and inconstant; and, therefore, in a monarchy, all law is, indeed, the explicit will of the king (as we said. Chap. VII. Sec. 1), but not every will of the king ought to be law; but this cannot be said of the will of a sufficiently numerous council. For since the council itself, as we have just shown, needs no counsellors, its every explicit will ought to be law. And hence we conclude, that the dominion conferred upon a large enough council is absolute, or approaches nearest to the absolute. For if there be any absolute dominion, it is, in fact, that which is held by an entire multitude.

4. Yet in so far as this aristocratic dominion never (as has just been shown) reverts to the multitude, and there is under it no consultation with the multitude, but, without qualification, every will of the council is law, it must be considered as quite absolute, and therefore its foundations ought to rest only on the will and judgment of the said council, and not on the watchfulness of the multitude, since the latter is excluded from giving its advice or its vote. The reason, then, why in practice aristocracy is not absolute, is that the multitude is a cause of fear to the rulers, and therefore succeeds in retaining for itself some liberty, which it asserts and holds as its own, if not by an express law, yet on a tacit understanding.

5. And thus it is manifest that this kind of dominion will be in the best possible condition, if its institutions are such that it most nearly approaches the absolute — that is, that the multitude is as little as possible a cause of fear, and retains no liberty, but such as must necessarily be assigned it by the law of the dominion itself, and is therefore not so much a right of the multitude as of the whole dominion, asserted and maintained by the aristocrats only as their own. For thus practice agrees best with theory, as appears from the last section, and is also self-evident. For we cannot doubt that the dominion rests the less with the patricians, the more rights the commons assert for themselves, such as those which the corporations of artisans in Lower Germany, commonly called Guilds, generally possess.

6. But the commons need not apprehend any danger of a hateful slavery from this form of dominion, merely because it is conferred on the council absolutely. For the will of so large a council cannot be so much determined by lust as by reason; because men are drawn asunder by an evil passion, and cannot be guided, as it were, by one mind, except so far as they desire things honourable, or that have at least an honourable appearance.

7. In determining, then, the foundations of an aristocracy, it is above all to be observed, that they should rest on the sole will and power of the supreme council, so that it may be as independent as possible, and be in no danger from the multitude. In order to determine these foundations, which are to rest, I say, upon the sole will and power of the council, let us see what foundations of peace are peculiar to monarchy, and unsuited to this form of dominion. For if we substitute for these equivalent foundations fit for an aristocracy, and leave the rest, as they are already laid, we shall have removed without doubt every cause of seditions; or, at least, this kind of dominion will be no less safe than the monarchical, but, on the contrary, so much the more so, and of so much better a condition, as, without danger to peace and liberty, it approaches nearer than monarchy to the absolute (Secs. 3, 6). For the greater the right of the supreme authority, the more the form of dominion agrees with the dictate of reason (Chap. III. Sec. 5 1), and, therefore, the fitter it is to maintain peace and liberty. Let us run through, therefore, the points we stated in our sixth chapter, beginning with the ninth section, that we may reject what is unfit for this kind of dominion, and see what agrees with it.

8. That it is necessary, in the first place, to found and fortify one or more cities, no one can doubt. But that city is above all to be fortified, which is the head of the whole dominion, and also those that are on its frontiers. For that which is the head of the whole dominion, and has the supreme right, ought to be more powerful than the rest. But under this kind of dominion it is quite unnecessary to divide all the inhabitants into clans.

9. As for the military, since under this dominion equality is not to be looked for among all, but between the patricians only, and, in particular, the power of the patricians is greater than that of the commons, it is certain that it makes no difference to the laws or fundamental principles of this dominion, that the military be formed of others besides subjects. 2 But it is of the first importance that no one be admitted into the number of the patricians, that has not a proper knowledge of the art of war. But for the subjects to be excluded, as some would have it, from military service, is surely folly. For besides that the military pay given to subjects remains within the realm, whereas, on the contrary, what is paid to a foreign soldiery is altogether lost, the greatest strength of the dominion is also thereby weakened. For it is certain that those fight with peculiar valour who fight for altar and hearth. Whence, also, it is manifest that those are no less wrong, who lay down that military commanders, tribunes, centurions, etc., should be chosen from among the patricians only. For with what courage will those soldiers fight who are deprived of all hope of gaining glory and advancement? But, on the other hand, to establish a law forbidding the patricians to hire foreign soldiers when circumstances require it, whether to defend themselves, and suppress seditions, or for any other reason, besides being inconsiderate, would also be repugnant to the supreme right of the patricians, concerning which see Secs. 3, 4, 5 of this chapter. But the general of a single army, or of the entire military, is to be chosen but in time of war, and among the patricians only, and is to hold the command for a year at most, without power of being continued therein, or afterwards reappointed. For this law, necessary as it is under a monarchy, is so above all under this kind of dominion. For although it is much easier, as we have said above, to transfer the dominion from one man to another than from a free council to one man; yet it does often happen, that patricians are subdued by their own generals, and that to the much greater harm of the commonwealth. For when a monarch is removed, it is but a change of tyrant, not of the form of dominion; but, under an aristocracy, this cannot happen, without an upsetting of the form of dominion, and a slaughter of the greatest men. Of which thing Rome has offered the most mournful examples. But our reason for saying that, under a monarchy, the militia should serve without pay, is here inapplicable. For since the subjects are excluded from giving their advice or votes, they are to be reckoned as foreigners, and are, therefore, to be hired for service on no worse terms than foreigners. And there is in this case no danger of their being distinguished above the rest by the patricians: nay, further, to avoid the partial judgment which everyone is apt to form of his own exploits, it is wiser for the patricians to assign a fixed payment to the soldiers for their service.

10. Furthermore, for this same reason, that all but the patricians are foreigners, it cannot be without danger to the whole dominion, that the lands and houses and the whole soil should remain public property, and be let to the inhabitants at a yearly rent. For the subjects having no part in the dominion would easily, in bad times, all forsake their cities, if they could carry where they pleased what goods they possess. And, therefore, lands and farms are not to be let, but sold to the subjects, yet on condition that they pay every year an aliquot part of the year's produce, etc., as is done in Holland.

11. These points considered, I proceed to the foundations on which the supreme council should rest and be established. We have shown (Sec. 2) that, in a moderate-sized dominion, this council ought to have about five thousand members. And so we must look for means of preventing the dominion from gradually getting into fewer hands, and of insuring, on the contrary, that the number of members be increased in proportion to the growth of the dominion itself; and, next, that between the patricians, equality be as far as possible maintained; and, further, that there may be speed and expedition in their counsels, and that they tend to the general good; and, lastly, that the power of the patricians or council exceed the power of the multitude, yet so that the multitude suffer no harm thereby.

12. But jealousy causes a great difficulty in maintaining our first point. For men are, as we have said, by nature enemies, so that however they be associated, and bound together by laws, they still retain their nature. And hence I think it is, that democracies change into aristocracies, and these at length into monarchies. For I am fully persuaded that most aristocracies were formerly democracies. For when a given multitude, in search of fresh territories, has found and cultivated them, it retains, as a whole, its equal right of dominion, because no man gives dominion to another spontaneously. But although every one of them thinks it fair, that he should have the same right against another that that other has against him, he yet thinks it unfair, that the foreigners that join them should have equal right in the dominion with themselves, who sought it by their own toil, and won it at the price of their own blood. And this not even the foreigners themselves deny, for, of course, they migrate thither, not to hold dominion, but for the benefit of their own private business, and are quite satisfied if they are but allowed the liberty of transacting that business in safety. But meanwhile the multitude is augmented by the influx of foreigners, who gradually acquire the national manners, until at last they are distinguished by no other difference than that of incapacity to get office; and while their number daily increases, that of the citizens, on the contrary, is by many causes diminished. For families often die out, and some persons are disqualified for their crimes, and a great many are driven by domestic poverty to neglect affairs of state, and meanwhile the more powerful aim at nothing else, but to govern alone; and thus the dominion is gradually limited to a few, and at length by faction to one. And here we might add other causes that destroy dominions of this sort; but as they are well known, I pass them by, and proceed now to state the laws by which this dominion, of which we are treating, ought to be maintained.

13. The primary law of this dominion ought to be that which determines the proportionate numbers of patricians and multitude. For a proportion (Sec. 1) ought to be maintained between the multitude and the patricians, so that with the increase of the former the number of the latter should be raised. And this proportion (in accordance with our remarks in the second section) ought to be about fifty to one, that is, the inequality between the members of each should never be greater. For (Sec. 1) without destroying the form of dominion, the number of patricians may be greater than the number of the multitude. But there is no danger except in the smallness of their number. But how it is to be provided that this law be kept unbroken, I will presently show in its own place.

14. Patricians, in some places, are chosen only out of particular families. But it is ruinous to lay this down expressly by law. For not to mention that families often die out, and that the other families can never be excluded without disgrace, it is also repugnant to the form of this dominion, that the dignity of patrician should be hereditary (Sec. 1). But on this system a dominion seems rather a democracy, such as we have described in Sec. 12, that is in the hands of very few citizens. But, on the other hand, to provide against the patricians choosing their own sons and kinsmen, and thereby against the right of dominion remaining in particular families, is impossible, and indeed absurd, as I shall show (Sec. 39). But provided that they hold that right by no express law, and that the rest (I mean, such as are born within the dominion, and use the vulgar tongue, and have not a foreign wife, and are not infamous, nor servants, nor earning their living by any servile trade, among which are to be reckoned those of a wine-merchant, or brewer) are not excluded, the form of the dominion will, notwithstanding, be retained, and it will be possible to maintain the proportion between the patricians and the multitude.

15. But if it be further by law appointed that no young men be chosen, it will never happen that a few families hold the right of government in their hands. And, therefore, be it by law appointed, that no man that has not reached his thirtieth year be put on the list of candidates.

16. Thirdly, it is next to be ordained, that all the patricians must be assembled at certain fixed times in a particular part of the city, and that whoever does not attend the council, unless he be hindered by illness or some public business, shall be fined some considerable amount. For, were it otherwise, most of them would neglect the public, for the sake of their own private affairs.

17. Let this council's functions be to pass and repeal laws, and to choose their patrician colleagues, and all the ministers of the dominion. For he, that has supreme right, as we have decided that this council has, cannot give to anyone authority to pass and repeal laws, without at the same time abdicating his own right, and transferring it to him, to whom he gives that power. For he, that has but for one day only authority to pass and repeal laws, is able to change the entire form of the dominion. But one can, without forfeiting one's supreme right, temporarily entrust to others the daily business of dominion to be administered according to the established laws. Furthermore, if the ministers of dominion were chosen by any other but this council, then its members would be more properly called wards than patricians.

18. Hence some are accustomed to create for the council a ruler or prince, either for life, as the Venetians, or for a time, as the Genoese; but yet with such great precautions, as make it clear enough, that it is not done without great risk. And assuredly we cannot doubt but that the dominion thereby approaches the monarchical form, and as far as we can conjecture from their histories, it was done for no other reason, than that before the institution of these councils they had lived under a ruler, or doge, as under a king. And so the creation of a ruler is a necessary requisite indeed for the particular nation, but not for the aristocratic dominion considered in itself.

19. But, inasmuch as the supreme authority of this dominion rests with this council as a whole, not with every individual member of it (for otherwise it would be but the gathering of an undisciplined mob), it is, therefore, necessary that all the patricians be so bound by the laws as to form, as it were, one body governed by one mind. But the laws by themselves alone are weak and easily broken, when their vindicators are the very persons who are able to transgress them, and the only ones who are to take warning by the punishment, and must punish their colleagues in order by fear of the same punishment to restrain their own desire: for all this involves a great absurdity. And, therefore, means must be sought to preserve order in this supreme council and keep unbroken the constitution of the dominion, so that yet the greatest possible equality may exist between patricians.

20. But since, from a single ruler or prince, able also to vote in the debates, there must necessarily arise a great inequality, especially on account of the power, which must of necessity be granted him, in order to enable him to discharge his duty in safety; therefore, if we consider the whole matter aright, nothing can be devised more useful to the general welfare than the institution of another council of certain patricians subordinate to the supreme council, whose only duty should be to see that the constitution, as far as it concerns the councils and ministers of the dominion, be kept unbroken, and who should, therefore, have authority to summon to judgment and, in conformity with established law, to condemn any delinquent who, as a minister of the dominion, has transgressed the laws concerning his office. And these patricians we shall hereafter call syndics.

21. And they are to be chosen for life. For, were they to be chosen for a time, so that they should afterwards be eligible for other offices in the dominion, we should fall into the very absurdity which we have just pointed out in the nineteenth section. But lest they should become quite haughty by very long rule, none are to be elected to this office, but those who have reached their sixtieth year or more, and have discharged the duties of senator, of which below.

22. Of these, too, we shall easily determine the number, if we consider that these syndics stand to the patricians in the same relation as the whole body of patricians together does to the multitude, which they cannot govern, if they are fewer than a proper number. And, therefore, the number of the syndics should be to that of patricians as their number is to that of the multitude, that is (Sec. 13), as one to fifty.

23. Moreover, that this council may discharge its functions in security, some portion of the soldiery must be assigned to it, and be subject to its orders.

24. The syndics and other ministers of state are to have no salary, but such emoluments, that they cannot maladminister affairs of state without great loss to themselves. For we cannot doubt that it is fair, that the ministers of this kind of dominion should be awarded a recompense for their time, since the commons are the majority in this dominion, and the patricians look after their safety, while they themselves have no trouble with affairs of state, but only with their own private ones. But since, on the other hand, no man (Chap. VII. Sec. 4) defends another's cause, save in so far as he thereby hopes to establish his own interest, things must, of necessity, be so ordered that the ministers, who have charge of affairs of state, should most pursue their own interest, when they are most watchful for the general good.

25. To the syndics then, whose duty, as we said, it is to see that the constitution is kept unbroken, the following emoluments are to be awarded: namely, that every householder that inhabits any place in the dominion, be bound to pay every year a coin of small value, say a quarter of an ounce of silver, to the syndics, that thus they may know the number of inhabitants, and so observe what proportion of them the patricians constitute; and next that every new patrician on his election must pay the syndics some large sum, for instance, twenty or twenty-five pounds of silver. Moreover, that money, in which the absent patricians (I mean those who have failed to attend the meeting of the council) are condemned, is also to be awarded to the syndics; and a part, too, of the goods of defaulting ministers, who are bound to abide their judgment, and who are fined a certain sum of money, or have their goods confiscated, should be devoted to them, not to all indeed, but to those only who sit daily, and whose duty it is to summon the council of syndics, concerning whom see Sec. 28. But, in order that the council of syndics may always be maintained at its full number, before all other business in the supreme council, when it is assembled at the usual time, inquiry is to be made about this. Which, if the syndics neglect, let it then devolve upon the president of the senate (concerning which we shall soon have occasion to speak), to admonish the supreme council on this head, to demand of the president of the syndics the reason of his silence, and to inquire what is the supreme council's opinion in the matter. But if the president of the senate is likewise silent, let the case be taken up by the president of the supreme court of justice, or if he too is silent by some other patrician, and let him demand an explanation of their silence from the presidents of the senate and the court of justice, as well as from the president of the syndics. Lastly, that that law, whereby young men are excluded, may likewise be strictly observed, it is to be appointed that all who have reached the thirtieth year of their age, and who are not by express law excluded, are to have their names inscribed on a list, in presence of the syndics, and to receive from them, at a fixed price, some sign of the honour conferred on them, namely, that they may be allowed to wear a particular ornament only permitted to them, to distinguish them and make them to be had in honour by the rest; and, at the same time, be it ordained, that in elections none may nominate as patrician anyone whose name is not inscribed on the general list, and that under a heavy penalty. And, further, let no one be allowed to refuse the burden of a duty or office, which he is chosen to bear. Lastly, that all the absolutely fundamental laws of the dominion may be everlasting, it must be ordained that if anyone in the supreme council raise a question about any fundamental law, as of prolonging the command of any general of an army, or of diminishing the number of patricians, or the like, he is guilty of treason, and not only is he to be condemned to death, and his goods confiscated, but some sign of his punishment is to remain visible in public for an eternal memorial of the event. But for the confirming of the other general rights of the dominion, it is enough, if it be only ordained, that no law can be repealed nor new law passed, unless first the college of syndics, and then three-fourths or four-fifths of the supreme council agree thereto.

26. Let the right also of summoning the supreme council and proposing the matters to be decided in it, rest with the syndics, and let them likewise be given the first place in the council, but without the right to vote. But before they take their seats, they must swear by the safety of that supreme council and by the public liberty, that they will strive with the utmost zeal to preserve unbroken the ancient laws. and to consult the general good. After which let them through their secretary open in order the subjects of discussion.

27. But that all the patricians may have equal authority in making decrees and electing the ministers of the dominion, and that speed and expedition in all matters may be possible, the order observed by the Venetians is altogether to be approved, for they appoint by lot a certain number of the council to name the ministers, and when these have named in order the candidates for office, every patrician signifies by ballot his opinion, approving or rejecting the candidate in question, so that it is not afterwards known, who voted in this or that sense. Whereby it is contrived, not only that the authority of all the patricians in the decision is equal, and that business is quickly despatched, but also, that everyone has absolute liberty (which is of ............