The Online Library of Liberty A Project Of Liberty Fund, Inc. Marcus Tullius Cicero, Treatise on the Commonwealth [54 BC] The Online Library Of Liberty This E-Book (PDF format) is published by Liberty Fund, Inc., a private, non-profit, educational foundation established in 1960 to encourage study of the ideal of a society of free and responsible individuals. 2010 was the 50th anniversary year of the founding of Liberty Fund. It is part of the Online Library of Liberty web site http://oll.libertyfund.org, which was established in 2004 in order to further the educational goals of Liberty Fund, Inc. To find out more about the author or title, to use the site's powerful search engine, to see other titles in other formats (HTML, facsimile PDF), or to make use of the hundreds of essays, educational aids, and study guides, please visit the OLL web site. This title is also part of the Portable Library of Liberty DVD which contains over 1,000 books and quotes about liberty and power, and is available free of charge upon request. The cuneiform inscription that appears in the logo and serves as a design element in all Liberty Fund books and web sites is the earliest-known written appearance of the word “freedom” (amagi), or “liberty.” It is taken from a clay document written about 2300 B.C. in the Sumerian city-state of Lagash, in present day Iraq. To find out more about Liberty Fund, Inc., or the Online Library of Liberty Project, please contact the Director at [email protected]. LIBERTY FUND, INC. 8335 Allison Pointe Trail, Suite 300 Indianapolis, Indiana 46250-1684 Online Library of Liberty: Treatise on the Commonwealth Edition Used: The Political Works of Marcus Tullius Cicero: Comprising his Treatise on the Commonwealth; and his Treatise on the Laws. Translated from the original, with Dissertations and Notes in Two Volumes. By Francis Barham, Esq. (London: Edmund Spettigue, 1841-42). Vol. 1. Author: Marcus Tullius Cicero Translator: Francis Barham About This Title: The Treatise on the Commonwealth is Cicero’s imitation of Plato’s dialogue The Republic where he uses Stoic philosophy to explain Roman constitutional theory. He makes a connection between moral government and individual moral virtue. PLL v6.0 (generated September, 2011) 2 http://oll.libertyfund.org/title/546 Online Library of Liberty: Treatise on the Commonwealth About Liberty Fund: Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals. Copyright Information: The text is in the public domain. Fair Use Statement: This material is put online to further the educational goals of Liberty Fund, Inc. Unless otherwise stated in the Copyright Information section above, this material may be used freely for educational and academic purposes. It may not be used in any way for profit. PLL v6.0 (generated September, 2011) 3 http://oll.libertyfund.org/title/546 Online Library of Liberty: Treatise on the Commonwealth Table Of Contents Preface. A Review of the Life and Politics of Cicero. A Review of the History of Cicero’s Commonwealth. Introduction to the First Book of Cicero’s Commonwealth. Cicero’s Commonwealth.: Book I. Fragments. Introduction to the Second Book of Cicero’s Commonwealth. Cicero’s Commonwealth.: Book II. Fragments. Introduction to the Third Book of Cicero’s Commonwealth. Cicero’s Commonwealth.: Book III. Fragments. Introduction to the Fourth Book of Cicero’s Commonwealth. Cicero’s Commonwealth.: Book IV. Fragments. Introduction to the Fifth Book of Cicero’s Commonwealth. Cicero’s Commonwealth.: Book V. Fragments. Introduction to the Sixth Book of Cicero’s Commonwealth. Cicero’s Commonwealth.: Book VI. Fragments. E. Spettigue, Printer, 67, Chancery Lane. TO HIS GRACE THE DUKE OF WELLINGTON, defender of the british constitution, is this FIRST ENGLISH TRANSLATION of Cicero’s Political Works DEDICATED, with the highest respect for his character and conduct, by his honest admirer, and very obedient servant, THE TRANSLATOR. PLL v6.0 (generated September, 2011) 4 http://oll.libertyfund.org/title/546 Online Library of Liberty: Treatise on the Commonwealth [Back to Table of Contents] PREFACE. The science of politics, on which the prosperity of nations has ever depended, has become intensely important to the welfare of the British Empire during the present crisis of public affairs. This science is confessed by all to be an ennobling and enlarging study, singularly august in theory, and almost illimitable in application. But we need not here anticipate the panegyrics which our author has bestowed on it. We wish to see the science of politics extensively studied in these eventful times, because the more profoundly and universally it is understood, the more likely are we to attain that spirit of Catholicity, Union, and Coalition, which is the best safeguard against the schisms, sects, parties, and factions, that so miserably lacerate our national constitution, and undermine its strength and beauty. The more politics are studied as a science,—a science of the loftiest dialectics and purest logic,—a science which demands from the truth–searcher whole years of arduous ratiocination, as subtle and severe as that applied to mathematics, and equally remote from the bias of party prejudices and passions,—a science, which, being the last effort of human genius working on human experience, seeks its proofs and illustrations from the history of all times and states;—the more chance shall we have of rearing senators worthy of the name, and of elaborating a system of laws, entitled to the veneration of posterity. The science of politics and laws divides itself into two principal branches. First, the divine or theologic, from whence spring the ecclesiastical economies. This branch is treated at large by the inspired writers, the Jewish and Christian fathers, as Philo and Origen, and a great number of ecclesiastical lawyers. The second grand branch of politics and laws, is the natural and national, the law of Nature and Nations, from whence arise the civil and municipal laws of particular states and provinces. This likewise has been treated at large by the sacred writers, and the Jewish and Christian fathers, particularly Augustine. Much information on this branch may be found in Selden’s famous Treatise “on the Law of Nature and Nations, according to the discipline of the Hebrews,” and the works of Grotius, Puffendorf, Cumberland, Mackintosh, and others on the law of nations in general. These two catholic branches of divine or theologic, and natural or national law, are reflected in the particular ecclesiastical and civil systems of the chief nations of antiquity; and if the student desires to follow them into their successive developements, he will find plenty of authors ready to assist him. If he would inquire, for instance, into the ecclesiastical and civil polity, and laws of the Hebrews, he may consult Philo, Maimonides, Aben Ezra, Menochius, Spencer, Selden, Michaelis, Pastoret, Lewis, Lowman, and others. PLL v6.0 (generated September, 2011) 5 http://oll.libertyfund.org/title/546 Online Library of Liberty: Treatise on the Commonwealth For the ecclesiastical and civil jurisprudence of the Assyrian, Persian, and other oriental empires, let him read Psellus, Kircher, Hottinger, Pastoret, Confucius, Selden, Zoroaster, Sale, Hyde, Anquetil, D’Ohson, Sir W. Jones, and other investigators. Respecting the ecclesiastical and civil constitutions of Grecian and Roman states, he must examine Keckerman, Plato, Aristotle, Plutarch, Potter, Taylor, Rollin, Gillies, Montesquieu, Montague, and their followers. Of all these constitutional systems of the ancient world, by far the most important to the political student is that of Rome, which became the fruitful parent of all the constitutions of the middle ages in Europe, and those which subsist therein to the present day. Concerning the history and character, the merits and defects of this Roman Constitution, Cicero has ever been considered the chief light and authority. Hence the fragments of Cicero’s Political Works were translated into most modern languages, and expounded by authors, no less illustrious than Mirandola, Vives, Scaliger, Campanella, Bodinus, Bellendenus, Bernardi, and Montesquieu. And when of late, by the ingenuity of Mai, the long–lost Treatise of Cicero on the Republic was recovered, it was instantly translated into German and French, and commented on by Savigny, Heeren, Sismondi, Guizot, Niebuhr, Pierre, Villemain, Constant, and Lerminier. We know not why the British have been so much more negligent than their continental neighbours in translating the chief works of the fathers of the Church, and the classical writers of the schools. Our fellow–countrymen have indeed, in this respect, done better justice to the illustrious Cicero than to many of the Latin writers, as they have already translated his moral, philosophical, and oratorical treatises; but still, with regard to his political works, his Commonwealth and Laws, the most important and interesting of all, these have never yet been translated in this kingdom. We, therefore, imagine it is doing justice to Cicero, and fair service to our fellow countrymen, to translate his Political Works for the benefit of the British public. Certainly, no Roman writer on politics is entitled to deeper respect from the British than Cicero; and this not only on account of his sublime genius, his vast experience, and his patriotic magnanimity, which were before acknowledged; but more especially for this reason, that in his newly–recovered Commonwealth we find him extolling the very political constitution which he indeed ventured to hope, and which we have so fortunately realized. We find him praising a limited monarchy, comprising King, Lords, and Commons, as the only government which can permanently establish the glory and prosperity of a state. In this respect, Cicero, like several of the ancient politicians, was a catholic, unionist, or syncretist in policy, as openly as he was an eclectic in philosophy.