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.But the laws bythemselves alone are weak and easily broken, when their vindicators arethe very persons who are able to transgress them, and the only ones whoare to take warning by the punishment, and must punish their colleaguesin order by fear of the same punishment to restrain their own desire:for all this involves a great absurdity.And, therefore, means must besought to preserve order in this supreme council and keep unbroken theconstitution of the dominion, so that yet the greatest possible equalitymay exist between patricians.20.But since, from a single ruler or prince, able also to vote in thedebates, there must necessarily arise a great inequality, especially onaccount of the power, which must of necessity be granted him, in orderto enable him to discharge his duty in safety; therefore, if we considerthe whole matter aright, nothing can be devised more useful to thegeneral welfare than the institution of another council of certainpatricians subordinate to the supreme council, whose only duty should beto see that the constitution, as far as it concerns the councils andministers of the dominion, be kept unbroken, and who should, therefore,have authority to summon to judgment and, in conformity with establishedlaw, to condemn any delinquent who, as a minister of the dominion, hastransgressed the laws concerning his office.And these patricians we41 shall hereafter call syndics.21.And they are to be chosen for life.For, were they to be chosen fora time, so that they should afterwards be eligible for other offices inthe dominion, we should fall into the very absurdity which we have justpointed out in the nineteenth section.But lest they should become quitehaughty by very long rule, none are to be elected to this office, butthose who have reached their sixtieth year or more, and have dischargedthe duties of senator, of which below.22.Of these, too, we shall easily determine the number, if we considerthat these syndics stand to the patricians in the same relation as thewhole body of patricians together does to the multitude, which theycannot govern, if they are fewer than a proper number.And, therefore,the number of the syndics should be to that of patricians as theirnumber 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 toits orders.24.The syndics and other ministers of state are to have no salary, butsuch emoluments, that they cannot maladminister affairs of state withoutgreat loss to themselves.For we cannot doubt that it is fair, that theministers of this kind of dominion should be awarded a recompense fortheir time, since the commons are the majority in this dominion, and thepatricians look after their safety, while they themselves have notrouble with affairs of state, but only with their own private ones.Butsince, on the other hand, no man (Chap.VII.Sec.4) defends another scause, save in so far as he thereby hopes to establish his own interest,things must, of necessity, be so ordered that the ministers, who havecharge of affairs of state, should most pursue their own interest, whenthey are most watchful for the general good.25.To the syndics then, whose duty, as we said, it is to see that theconstitution is kept unbroken, the following emoluments are to beawarded: namely, that every householder that inhabits any place in thedominion, be bound to pay every year a coin of small value, say aquarter of an ounce of silver, to the syndics, that thus they may knowthe number of inhabitants, and so observe what proportion of them thepatricians constitute; and next that every new patrician on his electionmust pay the syndics some large sum, for instance, twenty or twenty-fivepounds of silver.Moreover, that money, in which the absent patricians(I mean those who have failed to attend the meeting of the council) arecondemned, is also to be awarded to the syndics; and a part, too, of thegoods of defaulting ministers, who are bound to abide their judgment,and who are fined a certain sum of money, or have their goodsconfiscated, should be devoted to them, not to all indeed, but to thoseonly who sit daily, and whose duty it is to summon the council ofsyndics, concerning whom see Sec.28.But, in order that the council ofsyndics may always be maintained at its full number, before all otherbusiness 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 itthen devolve upon the president of the senate (concerning which we shallsoon have occasion to speak), to admonish the supreme council on thishead, to demand of the president of the syndics the reason of hissilence, and to inquire what is the supreme council s opinion in thematter.But if the president of the senate is likewise silent, let thecase be taken up by the president of the supreme court of justice, or if42 he too is silent by some other patrician, and let him demand anexplanation of their silence from the presidents of the senate and thecourt of justice, as well as from the president of the syndics.Lastly,that that law, whereby young men are excluded, may likewise be strictlyobserved, it is to be appointed that all who have reached the thirtiethyear of their age, and who are not by express law excluded, are to havetheir names inscribed on a list, in presence of the syndics, and toreceive from them, at a fixed price, some sign of the honour conferredon them, namely, that they may be allowed to wear a particular ornamentonly permitted to them, to distinguish them and make them to be had inhonour by the rest; and, at the same time, be it ordained, that inelections none may nominate as patrician anyone whose name is notinscribed 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 fundamentallaws of the dominion may be everlasting, it must be ordained that ifanyone in the supreme council raise a question about any fundamentallaw, as of prolonging the command of any general of an army, or ofdiminishing the number of patricians, or the like, he is guilty oftreason, and not only is he to be condemned to death, and his goodsconfiscated, but some sign of his punishment is to remain visible inpublic for an eternal memorial of the event.But for the confirming ofthe other general rights of the dominion, it is enough, if it be onlyordained, that no law can be repealed nor new law passed, unless firstthe college of syndics, and then three-fourths or four-fifths of thesupreme council agree thereto.26 [ Pobierz całość w formacie PDF ]
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.But the laws bythemselves alone are weak and easily broken, when their vindicators arethe very persons who are able to transgress them, and the only ones whoare to take warning by the punishment, and must punish their colleaguesin order by fear of the same punishment to restrain their own desire:for all this involves a great absurdity.And, therefore, means must besought to preserve order in this supreme council and keep unbroken theconstitution of the dominion, so that yet the greatest possible equalitymay exist between patricians.20.But since, from a single ruler or prince, able also to vote in thedebates, there must necessarily arise a great inequality, especially onaccount of the power, which must of necessity be granted him, in orderto enable him to discharge his duty in safety; therefore, if we considerthe whole matter aright, nothing can be devised more useful to thegeneral welfare than the institution of another council of certainpatricians subordinate to the supreme council, whose only duty should beto see that the constitution, as far as it concerns the councils andministers of the dominion, be kept unbroken, and who should, therefore,have authority to summon to judgment and, in conformity with establishedlaw, to condemn any delinquent who, as a minister of the dominion, hastransgressed the laws concerning his office.And these patricians we41 shall hereafter call syndics.21.And they are to be chosen for life.For, were they to be chosen fora time, so that they should afterwards be eligible for other offices inthe dominion, we should fall into the very absurdity which we have justpointed out in the nineteenth section.But lest they should become quitehaughty by very long rule, none are to be elected to this office, butthose who have reached their sixtieth year or more, and have dischargedthe duties of senator, of which below.22.Of these, too, we shall easily determine the number, if we considerthat these syndics stand to the patricians in the same relation as thewhole body of patricians together does to the multitude, which theycannot govern, if they are fewer than a proper number.And, therefore,the number of the syndics should be to that of patricians as theirnumber 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 toits orders.24.The syndics and other ministers of state are to have no salary, butsuch emoluments, that they cannot maladminister affairs of state withoutgreat loss to themselves.For we cannot doubt that it is fair, that theministers of this kind of dominion should be awarded a recompense fortheir time, since the commons are the majority in this dominion, and thepatricians look after their safety, while they themselves have notrouble with affairs of state, but only with their own private ones.Butsince, on the other hand, no man (Chap.VII.Sec.4) defends another scause, save in so far as he thereby hopes to establish his own interest,things must, of necessity, be so ordered that the ministers, who havecharge of affairs of state, should most pursue their own interest, whenthey are most watchful for the general good.25.To the syndics then, whose duty, as we said, it is to see that theconstitution is kept unbroken, the following emoluments are to beawarded: namely, that every householder that inhabits any place in thedominion, be bound to pay every year a coin of small value, say aquarter of an ounce of silver, to the syndics, that thus they may knowthe number of inhabitants, and so observe what proportion of them thepatricians constitute; and next that every new patrician on his electionmust pay the syndics some large sum, for instance, twenty or twenty-fivepounds of silver.Moreover, that money, in which the absent patricians(I mean those who have failed to attend the meeting of the council) arecondemned, is also to be awarded to the syndics; and a part, too, of thegoods of defaulting ministers, who are bound to abide their judgment,and who are fined a certain sum of money, or have their goodsconfiscated, should be devoted to them, not to all indeed, but to thoseonly who sit daily, and whose duty it is to summon the council ofsyndics, concerning whom see Sec.28.But, in order that the council ofsyndics may always be maintained at its full number, before all otherbusiness 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 itthen devolve upon the president of the senate (concerning which we shallsoon have occasion to speak), to admonish the supreme council on thishead, to demand of the president of the syndics the reason of hissilence, and to inquire what is the supreme council s opinion in thematter.But if the president of the senate is likewise silent, let thecase be taken up by the president of the supreme court of justice, or if42 he too is silent by some other patrician, and let him demand anexplanation of their silence from the presidents of the senate and thecourt of justice, as well as from the president of the syndics.Lastly,that that law, whereby young men are excluded, may likewise be strictlyobserved, it is to be appointed that all who have reached the thirtiethyear of their age, and who are not by express law excluded, are to havetheir names inscribed on a list, in presence of the syndics, and toreceive from them, at a fixed price, some sign of the honour conferredon them, namely, that they may be allowed to wear a particular ornamentonly permitted to them, to distinguish them and make them to be had inhonour by the rest; and, at the same time, be it ordained, that inelections none may nominate as patrician anyone whose name is notinscribed 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 fundamentallaws of the dominion may be everlasting, it must be ordained that ifanyone in the supreme council raise a question about any fundamentallaw, as of prolonging the command of any general of an army, or ofdiminishing the number of patricians, or the like, he is guilty oftreason, and not only is he to be condemned to death, and his goodsconfiscated, but some sign of his punishment is to remain visible inpublic for an eternal memorial of the event.But for the confirming ofthe other general rights of the dominion, it is enough, if it be onlyordained, that no law can be repealed nor new law passed, unless firstthe college of syndics, and then three-fourths or four-fifths of thesupreme council agree thereto.26 [ Pobierz całość w formacie PDF ]