CHAPTER EIGHT
AS
USEFUL AS PUBLIC INDICTMENTS ARE TO STATES, FALSE ACCUSATIONS ARE
HARMFUL
Furius Camillus’s brilliance in liberating Rome from the oppression of the Gauls35 made the Roman citizens cede to him without feeling that they were losing standing or rank. Manlius Capitolinus, however, could not bear to see such honor and glory awarded to Furius Camillus. He himself had saved the Capitol, and felt that he had done as much for the protection of Rome as Camillus had, and that he was in no way inferior to him in feats of military glory. He was filled with envy and rankled by Camillus’s glory. As Manlius Capitolinus could not sow discord among the senators, he turned to the plebeians, spreading dark rumors, including one that the treasure that had been gathered for the Gauls, but then had not been given to them, had been seized by private citizens: If this treasure could be regained, it could be used for the public good, relieving the plebeians of taxes or private debts.36 These words had a great effect on the plebeians, and they began causing turmoil in the city. The Senate saw the gravity of the situation and elected a dictator to look into the matter and put a stop to the violence that Manlius was unleashing. The dictator immediately summoned him to be confronted before the public, the dictator standing among the nobles, Manlius among the plebeians. He ordered Manlius to reveal who, according to him, had seized that treasure, since the Senate was as eager to know as the plebeians. Manlius evaded the question, saying that there was no need for him to inform the Senate of what it already knew. As a result, the dictator had him imprisoned.
It is to be noted from this incident from Livy how detestable false accusations are in free states or in any other form of society, and that no legislation to repress such false accusations should be neglected. In fact, there is no better system for eliminating false accusations than providing ample opportunity for public indictments, because just as indictments are beneficial to a state, false accusations are harmful. The difference between the two types is that false accusations need neither witnesses nor proof to substantiate them: Anybody can falsely accuse anybody else, but not everyone can be lawfully indicted, as public indictments need proof and circumstances that demonstrate the truth of the charge. Men are publicly indicted before magistrates, the people, and the councils, while they are falsely accused in town squares and market stalls. Calumny is more common where there are fewer opportunities for public indictments and where the states are not as well set up to receive them in their judicature. Therefore, a founder of a state must plan the legislature in such a way that any citizen can indict any other citizen without fear or deference to rank, and once the charges have been made and have been carefully looked into, false accusers must be severely punished. And the false accuser cannot complain if he is punished, as he could have made his accusations by lawful means rather than in spreading calumnies in market squares. Whenever this system is not well set up, clashes and disorder always follow, because calumnies provoke but do not punish citizens, and the provoked have their minds set on retaliation, as they hate rather than fear the things being said against them.
As I have already mentioned, the system of public indictment was set up well in Rome, but badly here in Florence. And just as in Rome this institution did much good, in Florence its absence did much harm. Whoever reads the history of Florence will see how much calumny in every era was perpetrated on those of its citizens who were employed in the important affairs of the city. Of one man they said that he had stolen money from the state, of another that he had been unsuccessful in a military campaign because he had been bribed, and that another had done this or that misdeed out of ruthless ambition. Hatred surged from all sides, leading to division; division led to factions, and factions led to ruin. Had there been institutions in Florence for bringing indictments against citizens and punishing false accusers, the infinite scandals would not have continued. Those citizens who were either condemned or acquitted would not have been able to harm the city, and there would have been fewer men indicted than falsely accused, for it is easier, as I have said, to accuse a man falsely than to indict him officially. Among the devices used by a citizen to achieve greatness have been calumnies, for leveling false accusations against powerful citizens who have opposed a man’s appetite for power can be very effective. When the false accuser takes the part of the populace, and confirms their bad opinion of the powerful citizen, he wins them to his side. I could cite many examples, but will limit myself to one. The Florentine army was on a campaign against the city of Lucca under the command of Giovanni Guicciardini, who was its commissary37 Lucca did not fall, either because of Guicciardini’s bad leadership or his bad fortune, and yet, whichever the case might have been, he was held culpable, as it was said that he had been bribed by the Luccans. This calumny was promoted by his enemies and almost drove Guicciardini to the brink of desperation.38 He put himself in the hands of the Captain of the People in order to clear his name,39 but even so, he never managed to clear himself entirely, as there was no system in Florence for him to do this. Much indignation resulted among Guicciardini’s friends, who were for the most part men of great influence and wanted to bring about a change in Florence. This incident, along with others like it, grew to such an extent that the ruin of the republic ensued.
Hence Manlius Capitolinus was a false accuser, and not a legitimate one, and in his case the Romans demonstrated precisely how false accusers must be punished. Calumniators have to be turned into public accusers, and where the accusation proves to be true, either they must not be punished or they must be recompensed, but in cases where the accusation proves false, they must be punished in the way Manlius was.
35. Marcus Furius Camillus (d. 365 BCE) was a Roman general, statesman, and five-time dictator of Rome. His greatest triumph was the conquest of the Etruscan city of Veii (also discussed in chapter 55 below). Later Romans celebrated him as the second founder of Rome after the Gauls sacked the city in 396 BCE. Machiavelli is discussing the events described by Livy in Book VI.
36. Livy (Book VI, chapter 14) writes: “[Manlius] delivered speeches in his house as if he were haranguing the Senate. Unconcerned about truth or falsehood, he insinuated that the treasure that had been collected for the Gauls had been sequestered by the senators, who were not content with seizing public lands, but also wanted to embezzle public funds. With this treasure the populace could be freed of its debts.” See also chapter 24, in which Machiavelli further discusses Manlius Capitolinus’s sedition.
37. Giovanni Guicciardini (c. 1385–1435) was the commissary of the Florentine army that attacked Lucca in 1430, which at the time was under the rule of Pagolo Guinigi, who is mentioned in passing in The Life of Castruccio Castracani: “Lucca, which remained under his family’s rule [the Guinigi] until the reign of his great-great-grandson Pagolo.”
38. Giovanni Guicciardini was an opponent of the faction of Cosimo de’ Medici, who was exiled in 1433 but managed to seize power again the following year.
39. The Capitano del Popolo was the magistracy in charge of leading the military forces of the populace and ensuring that justice was done to wronged members.