Chapter 21.—Whether There Ever
Was a Roman Republic Answering to the Definitions of Scipio in
Cicero’s Dialogue.
This, then, is the place where I
should fulfill the promise gave in the second book of this work,
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and
explain, as briefly and clearly as possible, that if we are to
accept the definitions laid down by Scipio in Cicero’s
De
Republica
, there never was a Roman republic; for he briefly
defines a republic as the weal of the people. And if this
definition be true, there never was a Roman republic, for the
people’s weal was never attained among the Romans. For the
people, according to his definition, is an assemblage associated by
a common acknowledgment of right and by a community of interests.
And what he means by a common acknowledgment of right he explains
at large, showing that a republic cannot be administered without
justice. Where, therefore, there is no true justice there can be
no right. For that which is done by right is justly done, and
what is unjustly done cannot be done by right. For the unjust
inventions of men are neither to be considered nor spoken of as
rights; for even they themselves say that right is that which flows
from the fountain of justice, and deny the definition which is
commonly given by those who misconceive the matter, that right is
that which is useful to the stronger party. Thus, where there is
not true justice there can be no assemblage of men associated by a
common acknowledgment of right, and therefore there can be no
people, as defined by Scipio or Cicero; and if no people, then no
weal of the people, but only of some promiscuous multitude unworthy
of the name of people. Consequently, if the republic is the weal
of the people, and there is no people if it be not associated by a
common acknowledgment of right, and if there is no right where
there is no justice, then most certainly it follows that there is
no republic where there is no justice. Further, justice is that
virtue which gives every one his due. Where, then, is the justice
of man, when he deserts the true God and yields himself to impure
demons? Is this to give every one his due? Or is he who keeps
back a piece of ground from the purchaser, and gives it to a man
who has no right to it, unjust, while he who keeps back himself
from the God who made him, and serves wicked spirits, is
just?
This same book,
De
Republica
, advocates the cause of justice against injustice
with great force and keenness. The pleading for injustice against
justice was first heard, and it was asserted that without injustice
a republic could neither increase nor even subsist, for it was laid
down as an absolutely unassailable position that it is unjust for
some men to rule and some to serve; and yet the imperial city to
which the republic belongs cannot rule her provinces without having
recourse to this injustice. It was replied in behalf of justice,
that this ruling of the provinces is just, because servitude may be
advantageous to the provincials, and is so when rightly
administered,—that is to say, when lawless men are prevented from
doing harm. And further, as they became worse and worse so long
as they were free, they will
improve by subjection. To
confirm this reasoning, there is added an eminent example drawn
from nature: for “why,” it is asked, “does God rule man,
the soul the body, the reason the passions and other vicious parts
of the soul?” This example leaves no doubt that, to some,
servitude is useful; and, indeed, to serve God is useful to all.
And it is when the soul serves God that it exercises a right
control over the body; and in the soul itself the reason must be
subject to God if it is to govern as it ought the passions and
other vices. Hence, when a man does not serve God, what justice
can we ascribe to him, since in this case his soul cannot exercise
a just control over the body, nor his reason over his vices? And
if there is no justice in such an individual, certainly there can
be none in a community composed of such persons. Here, therefore,
there is not that common acknowledgment of right which makes an
assemblage of men a people whose affairs we call a republic. And
why need I speak of the advantageousness, the common participation
in which, according to the definition, makes a people? For
although, if you choose to regard the matter attentively, you will
see that there is nothing advantageous to those who live godlessly,
as every one lives who does not serve God but demons, whose
wickedness you may measure by their desire to receive the worship
of men though they are most impure spirits, yet what I have said of
the common acknowledgment of right is enough to demonstrate that,
according to the above definition, there can be no people, and
therefore no republic, where there is no justice. For if they
assert that in their republic the Romans did not serve unclean
spirits, but good and holy gods, must we therefore again reply to
this evasion, though already we have said enough, and more than
enough, to expose it? He must be an uncommonly stupid, or a
shamelessly contentious person, who has read through the foregoing
books to this point, and can yet question whether the Romans served
wicked and impure demons. But, not to speak of their character,
it is written in the law of the true God, “He that sacrificeth
unto any god save unto the Lord only, he shall be utterly
destroyed.”
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He,
therefore, who uttered so menacing a commandment decreed that no
worship should be given either to good or bad gods.
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Ch. 21.
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Ex. xxii. 20
.