both to live without any servile employ, and their common tables are to be the same, excepting that in that he says the women should have common tables, and that there should be a thousand men-at-arms, in this, that there should be five thousand.
All the discourses of Socrates are masterly, noble, new, and inquisitive; but that they are all true it may probably be too much to say. For now with respect to the number just spoken of, it must be acknowledged that he would want the country of Babylonia for them, or some one like it, of an immeasurable extent, to support five thousand idle persons, besides a much greater number of women and servants. Every one, it is true, may frame an hypothesis as he pleases, but yet it ought to be possible. It has been said, that a legislator should have two things in view when he frames his laws, the country and the people. He will also do well, if he has some regard to the neighbouring states, if he intends that his community should maintain any political intercourse with them, for it is not only necessary that they should understand that practice of war which is adapted to their own country, but to others also; for admitting that any one chooses not this life either in public or private, yet there is not the less occasion for their being formidable to their enemies, not only when they invade their country, but also when they retire out of it.
It may also be considered whether the quantity of each person's property may not be settled in a different manner from what he has done it in, by making it more determinate; for he says, that every one ought to have enough whereon to live moderately, as if any one had said to live well, which is the most comprehensive expression. Besides, a man may live moderately and miserably at the same time; he had therefore better have proposed, that they should live both moderately and liberally; for unless these two conspire, luxury will come in on the one hand, or wretchedness on the other, since these two modes of living are the only ones applicable to the employment of our substance; for we cannot say with respect to a man's fortune, that he is mild or courageous, but we may say that he is prudent and liberal, which are the only qualities connected therewith.
It is also absurd to render property equal, and not to provide for the increasing number of the citizens; but to leave that circumstance uncertain, as if it would regulate itself according to the number of women who [1265b] should happen to be childless, let that be what it would because this seems to take place in other cities; but the case would not be the same in such a state which he proposes and those which now actually unite; for in these no one actually wants, as the property is divided amongst the whole community, be their numbers what they will; but as it could not then be divided, the supernumeraries, whether they were many or few, would have nothing at all. But it is more necessary than even to regulate property, to take care that the increase of the people should not exceed a certain number; and in determining that, to take into consideration those children who will die, and also those women who will be barren; and to neglect this, as is done in several cities, is to bring certain poverty on the citizens; and poverty is the cause of sedition and evil. Now Phidon the Corinthian, one of the oldest legislators, thought the families and the number of the citizens should continue the same; although it should happen that all should have allotments at the first, disproportionate to their numbers.
In Plato's Laws it is however different; we shall mention hereafter what we think would be best in these particulars. He has also neglected in that treatise to point out how the governors are to be distinguished from the governed; for he says, that as of one sort of wool the warp ought to be made, and of another the woof, so ought some to govern, and others to be governed. But since he admits, that all their property may be increased fivefold, why should he not allow the same increase to the country? he ought also to consider whether his allotment of the houses will be useful to the community, for he appoints two houses to each person, separate from each other; but it is inconvenient for a person to inhabit two houses. Now he is desirous to have his whole plan of government neither a democracy nor an oligarchy, but something between both, which he calls a polity, for it is to be composed of men-at-arms.
If Plato intended to frame a state in which more than in any other everything should be common, he has certainly given it a right name; but if he intended it to be the next in perfection to that which he had already framed, it is not so; for perhaps some persons will give the preference to the Lacedaemonian form of government, or some other which may more completely have attained to the aristocratic form.
Some persons say, that the most perfect government should be composed of all others blended together, for which reason they commend that of Lacedaemon; for they say, that this is composed of an oligarchy, a monarchy, and a democracy, their kings representing the monarchical part, the senate the oligarchical; and, that in the ephori may be found the democratical, as these are taken from the people. But some say, that in the ephori is absolute power, and that it is their common meal and daily course of life, in which the democratical form is represented.
It is also said in this treatise of [1266a] Laws, that the best form of government must, be one composed of a democracy and a tyranny; though such a mixture no one else would ever allow to be any government at all, or if it is, the worst possible; those propose what is much better who blend many governments together; for the most perfect is that which is formed of many parts. But now in this government of Plato's there are no traces of a monarchy, only of an oligarchy and democracy; though he seems to choose that it should rather incline to an oligarchy, as is evident from the appointment of the magistrates; for to choose them by lot is common to both; but that a man of fortune must necessarily be a member of the assembly, or to elect the magistrates, or take part in the management of public affairs, while others are passed over, makes the state incline to an oligarchy; as does the endeavouring that the greater part of the rich may be in office, and that the rank of their appointments may correspond with their fortunes.
The same principle prevails also in the choice of their senate; the manner of electing which is favourable also to an oligarchy; for all are obliged to vote for those who are senators of the first class, afterwards they vote for the same number out of the second, and then out of the third; but this compulsion to vote at the election of senators does not extend to the third and fourth classes and the first and second class only are obliged to vote for the fourth. By this means he says he shall necessarily have an equal number of each rank, but he is mistaken--for the majority will always consist of those of the first rank, and the most considerable people; and for this reason, that many of the commonalty not being obliged to it, will not attend the elections. From hence it is evident, that such a state will not consist of a democracy and a monarchy, and this will be further proved by what we shall say when we come particularly to consider this form of government.
There will also great danger arise from the manner of electing the senate, when those who are elected themselves are afterwards to elect others; for by this means, if a certain number choose to combine together, though not very considerable, the election will always fall according to their pleasure. Such are the things which Plato proposes concerning government in his book of Laws.
CHAPTER VII There are also some other forms of government, which have been proposed either by private persons, or philosophers, or politicians, all of which come much nearer to those which have been really established, or now exist, than these two of Plato's; for neither have they introduced the innovation of a community of wives and children, and public tables for the women, but have been contented to set out with establishing such rules as are absolutely necessary.
There are some persons who think, that the first object of government should be to regulate well everything relating to private property; for they say, that a neglect herein is the source of all seditions whatsoever. For this reason, Phaleas the Chalcedonian first proposed, that the fortunes of the citizens should be equal, which he thought was not difficult to accomplish when a community was first settled, but that it was a work of greater difficulty in one that had been long established; but yet that it might be effected, and an equality of circumstances introduced by these means, that the rich should give marriage portions, but never receive any, while the poor should always receive, but never give.
But Plato, in his treatise of Laws, thinks that a difference in circumstances should be permitted to a certain degree; but that no citizen should be allowed to possess more than five times as much as the lowest census, as we have already mentioned. But legislators who would establish this principle are apt to overlook what they ought to consider; that while they regulate the quantity of provisions which each individual shall possess, they ought also to regulate the number of his children; for if these exceed the allotted quantity of provision, the law must necessarily be repealed; and yet, in spite of the repeal, it will have the bad effect of reducing many from wealth to poverty, so difficult is it for innovators not to fall into such mistakes. That an equality of goods was in some degree serviceable to strengthen the bands of society, seems to have been known to some of the ancients; for Solon made a law, as did some others also, to restrain persons from possessing as much land as they pleased. And upon the same principle there are laws which forbid men to sell their property, as among the Locrians, unless they can prove that some notorious misfortune has befallen them. They were also to preserve their ancient patrimony, which custom being broken through by the Leucadians, made their government too democratic; for by that means it was no longer necessary to be possessed of a certain fortune to be qualified to be a magistrate. But if an equality of goods is established, this may be either too much, when it enables the people to live luxuriously, or too little, when it obliges them to live hard. Hence it is evident, that it is not proper for the legislator to establish an equality of circumstances, but to fix a proper medium.
Besides, if any one should regulate the division of property in such a manner that there should be a moderate sufficiency for all, it would be of no use; for it is of more consequence that the citizen should entertain a similarity of sentiments than an equality of circumstances; but this can never be attained unless they are properly educated under the direction of the law. But probably Phaleas may say, that this in what he himself mentions; for he both proposes a equality of property and one plan of education in his city. But he should have said particularly what education he intended, nor is it of any service to have this to much one; for this education may be one, and yet such as will make the citizens over-greedy, to grasp after honours, or riches, or both. Besides, not only an inequality of possessions, but also of honours, will occasion [1267a] seditions, but this upon contrary grounds; for the vulgar will be seditious if there be an inequality of goods, by those of more elevated sentiments, if there is an equality of honours.
"When good and bad do equal honours share."
For men are not guilty of crimes for necessaries only (for which he thinks an equality of goods would be a sufficient remedy, as they would then have no occasion to steal cold or hunger), but that they may enjoy what they desire, and not wish for it in vain; for if their desire extend beyond the common necessaries of life, they were be wicked to gratify them; and not only so, but if their wishes point that way, they will do the same to enjoy those pleasures which are free from the alloy of pain.
What remedy then shall we find for these three disorders? And first, to prevent stealing from necessity, let every one be supplied with a moderate subsistence, which may make the addition of his own industry necessary; second to prevent stealing to procure the luxuries of life, temperance be enjoined; and thirdly, let those who wish for pleasure in itself seek for it only in philosophy, all others want the assistance of men.
Since then men are guilty of the greatest crimes from ambition, and not from necessity, no one, for instance aims at being a tyrant to keep him from the cold, hence great honour is due to him who kills not a thief, but tyrant; so that polity which Phaleas establishes would only be salutary to prevent little crimes. He has also been very desirous to establish such rules as will conduce to perfect the internal policy of his state, and he ought also to have done the same with respect to its neighbours and all foreign nations; for the considerations of the military establishment should take place in planning every government, that it may not be unprovided in case of a war, of which he has said nothing; so also with respect to property, it ought not only to be adapted to the exigencies of the state, but also to such dangers as may arise from without.
Thus it should not be so much as to tempt those who are near, and more powerful to invade it, while those who possess it are not able to drive out the invaders, nor so little as that the state should not be able to go to war with those who are quite equal to itself, and of this he has determined nothing; it must indeed be allowed that it is advantageous to a community to be rather rich than poor; probably the proper boundary is this, not to possess enough to make it worth while for a more powerful neighbour to attack you, any more than he would those who had not so much as yourself; thus when Autophradatus proposed to besiege Atarneus, Eubulus advised him to consider what time it would require to take the city, and then would have him determine whether it would answer, for that he should choose, if it would even take less than he proposed, to quit the place; his saying this made Autophradatus reflect upon the business and give over the siege. There is, indeed, some advantage in an equality of goods amongst the citizens to prevent seditions; and yet, to say truth, no very great one; for men of great abilities will stomach their being put upon a level with the rest of the community. For which reason they will very often appear ready for every commotion and sedition; for the wickedness of mankind is insatiable. For though at first two oboli might be sufficient, yet when once it is become customary, they continually want something more, until they set no limits to their expectations; for it is the nature of our desires to be boundless, and many live only to gratify them. But for this purpose the first object is, not so much to establish an equality of fortune, as to prevent those who are of a good disposition from desiring more than their own, and those who are of a bad one from being able to acquire it; and this may be done if they are kept in an inferior station, and not exposed to injustice. Nor has he treated well the equality of goods, for he has extended his regulation only to land; whereas a man's substance consists not only in this, but also in slaves, cattle, money, and all that variety of things which fall under the name of chattels; now there must be either an equality established in all these, or some certain rule, or they must be left entirely at large. It appears too by his laws, that he intends to establish only a small state, as all the artificers are to belong to the public, and add nothing to the complement of citizens; but if all those who are to be employed in public works are to be the slaves of the public, it should be done in the same manner as it is at Epidamnum, and as Diophantus formerly regulated it at Athens. From these particulars any one may nearly judge whether Phaleas's community is well or ill established.
CHAPTER VIII Hippodamus, the son of Euruphon a Milesian, contrived the art of laying out towns, and separated the Pireus. This man was in other respects too eager after notice, and seemed to many to live in a very affected manner, with his flowing locks and his expensive ornaments, and a coarse warm vest which he wore, not only in the winter, but also in the hot weather. As he was very desirous of the character of a universal scholar, he was the first who, not being actually engaged in the management of public affairs, sat himself to inquire what sort of government was best; and he planned a state, consisting of ten thousand persons, divided into three parts, one consisting of artisans, another of husbandmen, and the third of soldiers; he also divided the lands into three parts, and allotted one to sacred purposes, another to the public, and the third to individuals. The first of these was to supply what was necessary for the established worship of the gods; the second was to be allotted to the support of the soldiery; and the third was to be the property of the husbandman. He thought also that there need only be three sorts of laws, corresponding to the three sorts of actions which can be brought, namely, for assault, trespasses, or death. He ordered also that there should be a particular court of appeal, into which all causes might be removed which were supposed to have been unjustly determined elsewhere; which court should be composed of old men chosen for that purpose. He thought also [1268a] that they should not pass sentence by votes; but that every one should bring with him a tablet, on which he should write, that he found the party guilty, if it was so, but if not, he should bring a plain tablet; but if he acquitted him of one part of the indictment but not of the other, he should express that also on the tablet; for he disapproved of that general custom already established, as it obliges the judges to be guilty of perjury if they determined positively either on the one side or the other. He also made a law, that those should be rewarded who found out anything for the good of the city, and that the children of those who fell in battle should be educated at the public expense; which law had never been proposed by any other legislator, though it is at present in use at Athens as well as in other cities, he would have the magistrates chosen out of the people in general, by whom he meant the three parts before spoken of; and that those who were so elected should be the particular guardians of what belonged to the public, to strangers, and to orphans.
These are the principal parts and most worthy of notice in Hippodamus's plan. But some persons might doubt the propriety of his division of the citizens into three parts; for the artisans, the husbandmen, and the soldiers are to compose one community, where the husbandmen are to have no arms, and the artisans neither arms nor land, which would in a manner render them slaves to the soldiery. It is also impossible that the whole community should partake of all the honourable employments in it--for the generals and the guardians of the state must necessarily be appointed out of the soldiery, and indeed the most honourable magistrates; but as the two other parts will not have their share in the government, how can they be expected to have any affection for it? But it is necessary that the soldiery should be superior to the other two parts, and this superiority will not be easily gained without they are very numerous; and if they are so, why should the community consist of any other members? why should any others have a right to elect the magistrates? Besides, of what use are the husbandmen to this community?
Artisans, 'tis true, are necessary, for these every city wants, and they can live upon their business. If the husbandmen indeed furnished the soldiers with provisions, they would be properly part of the community; but these are supposed to have their private property, and to cultivate it for their own use. Moreover, if the soldiers themselves are to cultivate that common land which is appropriated for their support, there will be no distinction between the soldier and the husbandman, which the legislator intended there should be; and if there should be any others who are to cultivate the private property of the husbandman and the common lands of the military, there will be a fourth order in the state which will have no share in it, and always entertain hostile sentiments towards it. If any one should propose that the same persons should cultivate their own lands and the public ones also, then there would be a deficiency [1268b] of provisions to supply two families, as the lands would not immediately yield enough for themselves and the soldiers also; and all these things would occasion great confusion.
Nor do I approve of his method of determining causes, when he would have the judge split the case which comes simply before him; and thus, instead of being a judge, become an arbitrator. Now when any matter is brought to arbitration, it is customary for many persons to confer together upon the business that is before them; but when a cause is brought before judges it is not so; and many legislators take care that the judges shall not have it in their power to communicate their sentiments to each other. Besides, what can prevent confusion on the bench when one judge thinks a fine should be different from what another has set it at; one proposing twenty minae, another ten, or be it more or less, another four, and another five; and it is evident, that in this manner they will differ from each other, while some will give the whole damages sued for, and others nothing; in this situation, how shall their determinations be settled? Besides, a judge cannot be obliged to perjure himself who simply acquits or condemns, if the action is fairly and justly brought; for he who acquits the party does not say that he ought not to pay any fine at all, but that he ought not to pay a fine of twenty minae. But he that condemns him is guilty of perjury if he sentences him to pay twenty minae while he believes the damages ought not to be so much.
Now with respect to these honours which he proposes to bestow on those who can give any information useful to the community, this, though very pleasing in speculation, is what the legislator should not settle, for it would encourage informers, and probably occasion commotions in the state. And this proposal of his gives rise also to further conjectures and inquiries; for some persons have doubted whether it is useful or hurtful to alter the established law of any country, if even for the better; for which reason one cannot immediately determine upon what he here says, whether it is advantageous to alter the law or not. We know, indeed, that it is possible to propose to new model both the laws and government as a common good; and since we have mentioned this subject, it may be very proper to enter into a few particulars concerning it, for it contains some difficulties, as I have already said, and it may appear better to alter them, since it has been found useful in other sciences.
Thus the science of physic is extended beyond its ancient bounds; so is the gymnastic, and indeed all other arts and powers; so that one may lay it down for certain that the same thing will necessarily hold good in the art of government. And it may also be affirmed, that experience itself gives a proof of this; for the ancient laws are too simple and barbarous; which allowed the Greeks to wear swords in the city, and to buy their wives of each [1269a]. other. And indeed all the remains of old laws which we have are very simple; for instance, a law in Cuma relative to murder. If any person who prosecutes another for murder can produce a certain number of witnesses to it of his own relations, the accused person shall be held guilty. Upon the whole, all persons ought to endeavour to follow what is right, and not what is established; and it is probable that the first men, whether they sprung out of the earth, or were saved from some general calamity, had very little understanding or knowledge, as is affirmed of these aborigines; so that it would be absurd to continue in the practice of their rules. Nor is it, moreover, right to permit written laws always to remain without alteration; for as in all other sciences, so in politics, it is impossible to express everything in writing with perfect exactness; for when we commit anything to writing we must use general terms, but in every action there is something particular to itself, which these may not comprehend; from whence it is evident, that certain laws will at certain times admit of alterations. But if we consider this matter in another point of view, it will appear to require great caution; for when the advantage proposed is trifling, as the accustoming the people easily to abolish their laws is of bad consequence, it is evidently better to pass over some faults which either the legislator or the magistrates may have committed; for the alterations will not be of so much service as a habit of disobeying the magistrates will be of disservice. Besides, the instance brought from the arts is fallacious; for it is not the same thing to alter the one as the other. For a law derives all its strength from custom, and this requires long time to establish; so that, to make it an easy matter to pass from the established laws to other new ones, is to weaken the power of laws. Besides, here is another question; if the laws are to be altered, are they all to be altered, and in every government or not, and whether at the pleasure of one person or many? all which particulars will make a great difference; for which reason we will at present drop the inquiry, to pursue it at some other time.
CHAPTER IX There are two considerations which offer themselves with respect to the government established at Lacedaemon and Crete, and indeed in almost all other states whatsoever; one is whether their laws do or do not promote the best establishment possible? the other is whether there is anything, if we consider either the principles upon which it is founded or the executive part of it, which prevents the form of government that they had proposed to follow from being observed; now it is allowed that in every well-regulated state the members of it should be free from servile labour; but in what manner this shall be effected is not so easy to determine; for the Penestse have very often attacked the Thessalians, and the Helots the Lacedaemonians, for they in a manner continually watch an opportunity for some misfortune befalling them. But no such thing has ever happened to the Cretans; the [1269b] reason for which probably is, that although they are engaged in frequent wars with the neighbouring cities, yet none of these would enter into an alliance with the revolters, as it would be disadvantageous for them, who themselves also have their villains. But now there is perpetual enmity between the Lacedaemonians and all their neighbours, the Argives, the Messenians, and the Arcadians. Their slaves also first revolted from the Thessalians while they were engaged in wars with their neighbours the Acheans, the Perrabeans, and the Magnesians. It seems to me indeed, if nothing else, yet something very troublesome to keep upon proper terms with them; for if you are remiss in your discipline they grow insolent, and think themselves upon an equality with their masters; and if they are hardly used they are continually plotting against you and hate you. It is evident, then, that those who employ slaves have not as yet hit upon the right way of managing them.
As to the indulging of women in any particular liberties, it is hurtful to the end of government and the prosperity of the city; for as a man and his wife are the two parts of a family, if we suppose a city to be divided into two parts, we must allow that the number of men and women will be equal.
In whatever city then the women are not under good regulations, we must look upon one half of it as not under the restraint of law, as it there happened; for the legislator, desiring to make his whole city a collection of warriors with respect to the men, he most evidently accomplished his design; but in the meantime the women were quite neglected, for they live without restraint in every improper indulgence and luxury. So that in such a state riches will necessarily be in general esteem, particularly if the men are governed by their wives, which has been the case with many a brave and warlike people except the Celts, and those other nations, if there are any such, who openly practise pederasty. And the first mythologists seem not improperly to have joined Mars and Venus together; for all nations of this character are greatly addicted either to the love of women or of boys, for which reason it was thus at Lacedaemon; and many things in their state were done by the authority of the women. For what is the difference, if the power is in the hands of the women, or in the hands of those whom they themselves govern? it must turn to the same account. As this boldness of the women can be of no use in any common occurrences, if it was ever so, it must be in war; but even here we find that the Lacedaemonian women were of the greatest disservice, as was proved at the time of the Theban invasion, when they were of no use at all, as they are in other cities, but made more disturbance than even the enemy.
The origin of this indulgence which the Lacedaemonian women enjoy is easily accounted for, from the long time the men were absent from home upon foreign expeditions [1270a] against the Argives, and afterwards the Arcadians and Messenians, so that, when these wars were at an end, their military life, in which there is no little virtue, prepared them to obey the precepts of their law-giver; but we are told, that when Lycurgus endeavoured also to reduce the women to an obedience to his laws, upon their refusal he declined it. It may indeed be said that the women were the causes of these things, and of course all the fault was theirs. But we are not now considering where the fault lies, or where it does not lie, but what is right and what is wrong; and when the manners of the women are not well regulated, as I have already said, it must not only occasion faults which are disgraceful to the state, but also increase the love of money. In the next place, fault may be found with his unequal division of property, for some will have far too much, others too little; by which means the land will come into few hands, which business is badly regulated by his laws. For he made it infamous for any one either to buy or sell their possessions, in which he did right; but he permitted any one that chose it to give them away, or bequeath them, although nearly the same consequences will arise from one practice as from the other. It is supposed that near two parts in five of the whole country is the property of women, owing to their being so often sole heirs, and having such large fortunes in marriage; though it would be better to allow them none, or a little, or a certain regulated proportion. Now every one is permitted to make a woman his heir if he pleases; and if he dies intestate, he who succeeds as heir at law gives it to whom he pleases. From whence it happens that although the country is able to support fifteen hundred horse and thirty thousand foot, the number does not amount to one thousand.
And from these facts it is evident, that this particular is badly regulated; for the city could not support one shock, but was ruined for want of men. They say, that during the reigns of their ancient kings they used to present foreigners with the freedom of their city, to prevent there being a want of men while they carried on long wars; it is also affirmed that the number of Spartans was formerly ten thousand; but be that as it will, an equality of property conduces much to increase the number of the people. The law, too, which he made to encourage population was by no means calculated to correct this inequality; for being willing that the Spartans should be as numerous as [1270b] possible, to make them desirous of having large families he ordered that he who had three children should be excused the night-watch, and that he who had four should pay no taxes: though it is very evident, that while the land was divided in this manner, that if the people increased there must many of them be very poor.
Nor was he less blamable for the manner in which he constituted the ephori; for these magistrates take cognisance of things of the last importance, and yet they are chosen out of the people in general; so that it often happens that a very poor person is elected to that office, who, from that circumstance, is easily bought. There have been many instances of this formerly, as well as in the late affair at Andros. And these men, being corrupted with money, went as far as they could to ruin the city: and, because their power was too great and nearly tyrannical, their kings were obliged to natter them, which contributed greatly to hurt the state; so that it altered from an aristocracy to a democracy.
This magistracy is indeed the great support of the state; for the people are easy, knowing that they are eligible to the first office in it; so that, whether it took place by the intention of the legislator, or whether it happened by chance, this is of great service to their affairs; for it is necessary that every member of the state should endeavour that each part of the government should be preserved, and continue the same. And upon this principle their kings have always acted, out of regard to their honour; the wise and good from their attachment to the senate, a seat wherein they consider as the reward of virtue; and the common people, that they may support the ephori, of whom they consist. And it is proper that these magistrates should be chosen out of the whole community, not as the custom is at present, which is very ridiculous. The ephori are the supreme judges in causes of the last consequence; but as it is quite accidental what sort of persons they may be, it is not right that they should determine according to their own opinion, but by a written law or established custom. Their way of life also is not consistent with the manners of the city, for it is too