Liber III, Pars II — Quomodo regenda sit civitas tempore pacis, et quae, et quot consideranda sunt in tlai regimine. Cap. I.

Liber III, Pars II — Quomodo regenda sit civitas tempore pacis, et quae, et quot consideranda sunt in tlai regimine. Cap. I.

After we have completed the first part of this third book, with some preliminary remarks on the subject, and by reciting the opinions of various philosophers who established the state and taught the art of governing the city and the kingdom, we now need to address the other two parts. This concerns the governance of the kingdom and the city during times of peace, and the governance of such matters during times of war. Therefore, it must be understood that during times of war, the city must be defended with arms; just as during times of peace, it must be governed by just laws and approved customs that hold the force of law. It seems, therefore, that arms are to be used in times of war, just as laws are to be used in times of peace. Thus, it is evident that during times of peace, the city and kingdom should be governed by just laws and approved customs; it can be easily seen what and how many things need to be considered in such governance. It seems, however, that this is the view of the philosophers. 3. Polit. There are four things that need to be considered in the governance of a city. These are the ruler, the council, the court, and the people. We can investigate how the city is to be governed in times of peace based on the laws that are established. The first way is derived from what is required by the law; the second is based on the purpose intended in the law itself. The first way is clear. For a proper governance through the laws to be maintained, four things are required at present. First, the laws must be wise; they should be well conceived. Second, they must be well enforced by civil authority. Third, so that the actions of the citizens are rightly judged according to the laws that are established and upheld. Fourth and finally, so that the provisions laid down in the laws are duly observed for the peaceful state of the people. Moreover, it is the responsibility of the prince to ensure that the laws are properly upheld through civil authority. Thus, the philosopher states. Ethics. It is said that the prince must be the guardian of justice, that is, of just laws and statutes; for the statutes themselves can be called legal laws. It is indeed fitting for the prince to have wise advisors to help him find laws through wisdom, so that they can properly determine what the people must observe. Furthermore, it is the responsibility of the praetor or judges to judge according to the established laws upheld by the prince; for they are the ones who must judge the actions of the citizens based on such laws. But it is the responsibility of all citizens, or the entire populace, to properly observe the laws. Therefore, if we consider what is required for the city to be well governed by laws during a time of peace, we must take into account four considerations from the aforementioned points. The second way to investigate this is derived from the end that is intended in the laws: the legislator should aim to ensure that through the laws we achieve what is beneficial and avoid what is harmful; we should do what is just and avoid what is unjust; and we should pursue what is commendable and flee from what is blameworthy. Regarding what is beneficial and harmful, there is counsel; concerning what is just and unjust, there is a court; but regarding what is commendable and blameworthy, there is a proclamation or sermon that can address the entire populace, for the people must be strongly encouraged to act well according to the laws, since the laws prescribe what is commendable and prohibit what is shameful. Thus, to determine how a city should be governed during a time of peace, one must not only consider what kind of ruler should be in place to enact and uphold the laws, but also what qualities the opposers should have, who must discern what is beneficial and what is harmful, and what qualities the judges should possess, who are to judge what is just and what is unjust, and what kind of people should be encouraged to follow what is beautiful and commendable while avoiding what is blameworthy and shameful. Therefore, concerning all four of these aspects—namely, the ruler, the council, the court, and the people—we will briefly discuss them in this second part of the third book; however, we will first address the ruler himself.