© Trans. Steve Lane [slane@tezcat.com]
Based on the text of Diego Quaglioni, "Per una edizione critica
e un commento moderno del Tractatus de Regimine civitatis"
di Bartolo da Sassoferrato," Pensiero Politico 9 (1976).
TREATISE ON CITY GOVERNMENT
ACCORDING TO BARTOLUS OF SASSOFERRATO
1. The first sort of government there was in the city of Rome, after the expulsion of the kings, was "for the people," which Aristotle calls "political."
A democracy is the name of a government of those who are ruling for their own advantage, in opposition to the rich, or to any people.
2. The second kind of government in the city of Rome was by the senators, and this sort of government is good if it tends toward the common good, which Aristotle calls a government of the elders.
Oligarchy is called by Aristotle the reign of a few rich people who have no interest in the common good.
3. The third sort of government was government by one man. He is called a lord if he inclines to a good and common end, a tyrant if he is inclined to pursue bad or [merely] personal ends.
4. There are six types of government, three good, three bad.
5. The seventh kind of government now rules in the city of Rome, and is called a monstrous government. (Also number 28)
6. It pertains to the jurist to investigate which sort of government is better.
7. The three forms of good government.
8. Monarchy, that is, the governance of one king, is the best sort of government.
9. Three things are required of any ruler, namely perfect reason, right intention, and perfect stability.
10. Not every sort of one-man rule is called the rule of a king.
11. Whether it is good to be ruled by kings. (And no. 13)
12. What a king may demand from his subjects.
14. A consideration of what may happen when that which is being discussed tends naturally toward this.
15. A threefold division of populaces, because some cities are large, some larger still, some the largest of all.
16. A large city, in the first degree of magnitude, is better off with a government "for the people" than it is being ruled by a few people, or by only one.
17. The city of Siena was ruled by rich nobles for eighty years, and that government was expelled by the "populars" in the time of king Charles the Fourth.
18. Government "for the people" should be called a government of God rather than of men.
Charles the Fourth approved of the government "for the people."
19. [Both] magnates and the most wretched are excluded from a government "for the people."
20. A larger city, according to the scale of magnitude, is better ruled by a few good rich men, rather then by the populace, or by one person.
The city of Venice and the city of Florence are among the "larger" cities, and are ruled by a few of the wealthy.
21. A city accustomed to being ruled in a certain way should be governed in that way.
22. The largest cities or peoples are best ruled by a single king.
23. A government which results from election is more divine than one which results from succession.
24. It is dangerous to have a king of another nation.
All Christians are called brothers.
25. The Roman empire, after it was separated from the Italians, grew ever weaker.
26. Small populaces cannot be governed in themselves, unless they submit or adhere to another people.
27. A tyrant is the worst of all of the forms of government.
28. The rule of several bad men is not so evil as the rule of a single tyrant; and how this may be determined.
29. The rule of several bad men does not last long, and easily decays to the rule of a single tyrant.
6 In the second place we must see which is a better form of government. This inquiry is a necessary one for jurists, since universal lords, when they consider the reformation of a city, either consult jurists or entrust the case to them; or, when the jurists are in session, an argument concerning city government may be brought before them. Therefore an inquiry as to which is the better form of government is necessary, a subject treated by Aristotle in the third book of the
7 Politics; but Aegidius Romanus, of the order of St. Augustine, who was a great philosopher and a master in theology, treats this more clearly in the book he wrote on the government of princes. I will therefore use his opinions and his arguments, in his own words, but I will not use the words of Aristotle, for they are unknown to the jurists to whom I address myself; but I will use his arguments and test them according to the laws, and afterwards I will relate my own opinion of the matter.
So: this Aegidius says that there are three good forms of government, as was mentioned above. The first is a form for ruling [by] the multitude, or "for the people," and it is good if it tends toward this end. The second form of government is better, namely the rule of a few.
8 The third form of government is best, namely monarchy, or the government of one king;[12] this fact, namely that the rule of one person is the best lordship, he demonstrates by four reasons,[13] from which he concludes these two things, the first being: the peace and union of the citizens should be the final intention of the ruler.[14] But this peace and unity can be better brought about and observed if it is overseen by one, than if it is overseen by several: therefore it is better to be ruled by one person. This is proved in this way: in a government of several people there can be no peace except insofar as these several are of one will, which is clear since if they disagree, their action is impeded by their competition.[15] But the government of several is good as regards its unity; therefore the good government of this unity is much better when it is brought about through one person. Secondly this is proved in this way, since through this the city and republic is made stronger, which is proved thusly: the more strength is united, the stronger it is in comparison to its being dispersed among many.[16] If therefore the whole strength of the city were gathered into one person it would be more effective, and will better be able to be governed by that prince, on account of his greater strength.[17] In the third place an art or artifice is better insofar as it imitates nature;[18] but the whole city is a single person and a single artificial and imagined man.[19] But in a natural man we see one head and many members; therefore if a city is ruled thus it is ruled better, because it imitates nature more closely. On this see [X.1.31.14] and this is determined in Gratian [ii, c. 7, q. 1.41], where bees, and many other creatures lacking reason, set up a king for themselves. In the fourth place Aegidius says that this is established through experience, since he says he sees that provinces which are not governed by one king are in poverty, and do not enjoy peace, but rather are beset by strife and wars. Those which are under a king do not know wars, rejoice in peace, flourish in abundance.[20] From these things Aegidius concludes that the government of the people or multitude, which tends to a single end, is good, but that the government of a few is better, since it has a measure of unity. Monarchy though, of the rule of single king, is best, because a perfect unity is found therein.[21]
[12]Aegidius Romanus, De reg. princ. 3.2.3.
[13]Aegidius Romanus, De reg. princ. 3.2.3.
[14]D.1.18.13 and Auth.3.4.2 (Novella 17).
[15]D.27.10.7 and D.8.3.28. References also to Aristotle, Posterior Analytics 1.2.72a, and Bartolus' comments on C.1.2, as well as D.12.2.24.
[16]Auth.6.13.1 = Novella 85.
[17]Aegidius Romanus, De reg. princ. 3.2.3.
[18]D.1.7.15-16, and Bartolus' commentary on these passages.
[19]D.5.1.76, D.46.1.22 and Bartolus' commentary on the latter.
[20]Aegidius Romanus, De reg. princ. 3.2.3.
[21]Aegidius Romanus, De reg. princ. 3.2.3