A Treatise On Government
Since then we propose to inquire what civil society is of all others best for those who have it in their power to live entirely as they wish, it is necessary to examine into the polity of those states which are allowed to be well governed; and if there should be any others which some persons have described, and which appear properly regulated, to note what is right and useful in them; and when we point out wherein they have failed, let not this be imputed to an affectation of wisdom, for it is because there are great defects in all those which are already established, that I have been induced to undertake this work. We will begin with that part of the subject which naturally presents itself first to our consideration. The members of every state must of necessity have all things in common, or some things common, and not others, or nothing at all common. To have nothing in common is evidently impossible, for society itself is one species of [1261a] community; and the first thing necessary thereunto is a common place of habitation, namely the city, which must be one, and this every citizen must have a share in. But in a government which is to be well founded, will it be best to admit of a community in everything which is capable thereof, or only in some particulars, but in others not? for it is possible that the citizens may have their wives, and children, and goods in common, as in Plato's Commonwealth; for in that Socrates affirms that all these particulars ought to be so. Which then shall we prefer? the custom which is already established, or the laws which are proposed in that treatise?
Now as a community of wives is attended with many other difficulties, so neither does the cause for which he would frame his government in this manner seem agreeable to reason, nor is it capable of producing that end which he has proposed, and for which he says it ought to take place; nor has he given any particular directions for putting it in practice. Now I also am willing to agree with Socrates in the principle which he proceeds upon, and admit that the city ought to be one as much as possible; and yet it is evident that if it is contracted too much, it will be no longer a city, for that necessarily supposes a multitude; so that if we proceed in this manner, we shall reduce a city to a family, and a family to a single person: for we admit that a family is one in a greater degree than a city, and a single person than a family; so that if this end could be obtained, it should never be put in practice, as it would annihilate the city; for a city does not only consist of a large number of inhabitants, but there must also be different sorts; for were they all alike, there could be no city; for a confederacy and a city are two different things; for a confederacy is valuable from its numbers, although all those who compose it are men of the same calling; for this is entered into for the sake of mutual defence, as we add an additional weight to make the scale go down. The same distinction prevails between a city and a nation when the people are not collected into separate villages, but live as the Arcadians. Now those things in which a city should be one are of different sorts, and in preserving an alternate reciprocation of power between these, the safety thereof consists (as I have already mentioned in my treatise on Morals), for amongst freemen and equals this is absolutely necessary; for all cannot govern at the same time, but either by the year, or according to some other regulation or time, by which means every one in his turn will be in office; as if the shoemakers and carpenters should exchange occupations, and not always be employed in the same calling. But as it is evidently better, that these should continue to exercise their respective trades; so also in civil society, where it is possible, it would be better that the government should continue in the same hands; but where it [1261b] is not (as nature has made all men equal, and therefore it is just, be the administration good or bad, that all should partake of it), there it is best to observe a rotation, and let those who are their equals by turns submit to those who are at that time magistrates, as they will, in their turns, alternately be governors and governed, as if they were different men: by the same method different persons will execute different offices. From hence it is evident, that a city cannot be one in the manner that some persons propose; and that what has been said to be the greatest good which it could enjoy, is absolutely its destruction, which cannot be: for the good of anything is that which preserves it. For another reason also it is clear, that it is not for the best to endeavour to make a city too much one, because a family is more sufficient in itself than a single person, a city than a family; and indeed Plato supposes that a city owes its existence to that sufficiency in themselves which the members of it enjoy. If then this sufficiency is so desirable, the less the city is one the better.
But admitting that it is most advantageous for a city to be one as much as possible, it does not seem to follow that this will take place by permitting all at once to say this is mine, and this is not mine (though this is what Socrates regards as a proof that a city is entirely one), for the word All is used in two senses; if it means each individual, what Socrates proposes will nearly take place; for each person will say, this is his own son, and his own wife, and his own property, and of everything else that may happen to belong to him, that it is his own. But those who have their wives and children in common will not say so, but all will say so, though not as individuals; therefore, to use the word all is evidently a fallacious mode of speech; for this word is sometimes used distributively, and sometimes collectively, on account of its double meaning, and is the cause of inconclusive syllogisms in reasoning. Therefore for all persons to say the same thing was their own, using the word all in its distributive sense, would be well, but is impossible: in its collective sense it would by no means contribute to the concord of the state. Besides, there would be another inconvenience attending this proposal, for what is common to many is taken least care of; for all men regard more what is their own than what others share with them in, to which they pay less attention than is incumbent on every one: let me add also, that every one is more negligent of what another is to see to, as well as himself, than of his own private business; as in a family one is often worse served by many servants than by a few. Let each citizen then in the state have a thousand children, but let none of them be considered as the children of that individual, but let the relation of father and child be common to them all, and they will all be neglected. Besides, in consequence of this, [1262a] whenever any citizen behaved well or ill, every person, be the number what it would, might say, this is my son, or this man's or that; and in this manner would they speak, and thus would they doubt of the whole thousand, or of whatever number the city consisted; and it would be uncertain to whom each child belonged, and when it was born, who was to take care of it: and which do you think is better, for every one to say this is mine, while they may apply it equally to two thousand or ten thousand; or as we say, this is mine in our present forms of government, where one man calls another his son, another calls that same person his brother, another nephew, or some other relation, either by blood or marriage, and first extends his care to him and his, while another regards him as one of the same parish and the same tribe; and it is better for any one to be a nephew in his private capacity than a son after that manner. Besides, it will be impossible to prevent some persons from suspecting that they are brothers and sisters, fathers and mothers to each other; for, from the mutual likeness there is between the sire and the offspring, they will necessarily conclude in what relation they stand to each other, which circumstance, we are informed by those writers who describe different parts of the world, does sometimes happen; for in Upper Africa there are wives in common who yet deliver their children to their respective fathers, being guided by their likeness to them. There are also some mares and cows which naturally bring forth their young so like the male, that we can easily distinguish by which of them they were impregnated: such was the mare called Just, in Pharsalia.
Besides, those who contrive this plan of community cannot easily avoid the following evils; namely, blows, murders involuntary or voluntary, quarrels, and reproaches, all which it would be impious indeed to be guilty of towards our fathers and mothers, or those who are nearly related to us; though not to those who are not connected to us by any tie of affinity: and certainly these mischiefs must necessarily happen oftener amongst those who do not know how they are connected to each other than those who do; and when they do happen, if it is among the first of these, they admit of a legal expiation, but amongst the latter that cannot be done. It is also absurd for those who promote a community of children to forbid those who love each other from indulging themselves in the last excesses of that passion, while they do not restrain them from the passion itself, or those intercourses which are of all things most improper, between a Father and a son, a brother and a brother, and indeed the thing itself is most absurd. It is also ridiculous to prevent this intercourse between the nearest relations, for no other reason than the violence of the pleasure, while they think that the relation of father and daughter, the brother and sister, is of no consequence at all. It seems also more advantageous for the state, that the husbandmen should have their wives and children in common than the military, for there will be less affection [1262b] among them in that case than when otherwise; for such persons ought to be under subjection, that they may obey the laws, and not seek after innovations. Upon the whole, the consequences of such a law as this would be directly contrary to those things which good laws ought to establish, and which Socrates endeavoured to establish by his regulations concerning women and children: for we think that friendship is the greatest good which can happen to any city, as nothing so much prevents seditions: and amity in a city is what Socrates commends above all things, which appears to be, as indeed he says, the effect of friendship; as we learn from Aristophanes in the Erotics, who says, that those who love one another from the excess of that passion, desire to breathe the same soul, and from being two to be blended into one: from whence it would necessarily follow, that both or one of them must be destroyed. But now in a city which admits of this community, the tie of friendship must, from that very cause, be extremely weak, when no father can say, this is my son; or son, this is my father; for as a very little of what is sweet, being mixed with a great deal of water is imperceptible after the mixture, so must all family connections, and the names they go by, be necessarily disregarded in such a community, it being then by no means necessary that the father should have any regard for him he called a son, or the brothers for those they call brothers. There are two things which principally inspire mankind with care and love of their offspring, knowing it is their own, and what ought to be the object of their affection, neither of which can take place in this sort of community. As for exchanging the children of the artificers and husbandmen with those of the military, and theirs reciprocally with these, it will occasion great confusion in whatever manner it shall be done; for of necessity, those who carry the children must know from whom they took and to whom they gave them; and by this means those evils which I have already mentioned will necessarily be the more likely to happen, as blows, incestuous love, murders, and the like; for those who are given from their own parents to other citizens, the military, for instance, will not call them brothers, sons, fathers, or mothers. The same thing would happen to those of the military who were placed among the other citizens; so that by this means every one would be in fear how to act in consequence of consanguinity. And thus let us determine concerning a community of wives and children.
We proceed next to consider in what manner property should be regulated in a state which is formed after the most perfect mode of government, whether it should be common or not; for this may be considered as a separate question from what had been determined concerning [1263a] wives and children; I mean, whether it is better that these should be held separate, as they now everywhere are, or that not only possessions but also the usufruct of them should be in common; or that the soil should have a particular owner, but that the produce should be brought together and used as one common stock, as some nations at present do; or on the contrary, should the soil be common, and should it also be cultivated in common, while the produce is divided amongst the individuals for their particular use, which is said to be practised by some barbarians; or shall both the soil and the fruit be common? When the business of the husbandman devolves not on the citizen, the matter is much easier settled; but when those labour together who have a common right of possession, this may occasion several difficulties; for there may not be an equal proportion between their labour and what they consume; and those who labour hard and have but a small proportion of the produce, will certainly complain of those who take a large share of it and do but little for that. Upon the whole, as a community between man and man so entire as to include everything possible, and thus to have all things that man can possess in common, is very difficult, so is it particularly so with respect to property; and this is evident from that community which takes place between those who go out to settle a colony; for they frequently have disputes with each other upon the most common occasions, and come to blows upon trifles: we find, too, that we oftenest correct those slaves who are generally employed in the common offices of the family: a community of property then has these and other inconveniences attending it.
But the manner of life which is now established, more particularly when embellished with good morals and a system of equal laws, is far superior to it, for it will have the advantage of both; by both I mean properties being common, and divided also; for in some respects it ought to be in a manner common, but upon the whole private: for every man's attention being employed on his own particular concerns, will prevent mutual complaints against each other; nay, by this means industry will be increased, as each person will labour to improve his own private property; and it will then be, that from a principle of virtue they will mutually perform good offices to each other, according to the proverb, "All things are common amongst friends;" and in some cities there are traces of this custom to be seen, so that it is not impracticable, and particularly in those which are best governed; some things are by this means in a manner common, and others might be so; for there, every person enjoying his own private property, some things he assists his friend with, others are considered as in common; as in Lacedaemon, where they use each other's slaves, as if they were, so to speak, their own, as they do their horses and dogs, or even any provision they may want in a journey.
It is evident then that it is best to have property private, but to make the use of it common; but how the citizens are to be brought to it is the particular [1263b] business of the legislator. And also with respect to pleasure, it is unspeakable how advantageous it is, that a man should think he has something which he may call his own; for it is by no means to no purpose, that each person should have an affection for himself, for that is natural, and yet to be a self-lover is justly censured; for we mean by that, not one that simply loves himself, but one that loves himself more than he ought; in like manner we blame a money-lover, and yet both money and self is what all men love. Besides, it is very pleasing to us to oblige and assist our friends and companions, as well as those whom we are connected with by the rights of hospitality; and this cannot be done without the establishment of private property, which cannot take place with those who make a city too much one; besides, they prevent every opportunity of exercising two principal virtues, modesty and liberality. Modesty with respect to the female sex, for this virtue requires you to abstain from her who is another's; liberality, which depends upon private property, for without that no one can appear liberal, or do any generous action; for liberality consists in imparting to others what is our own.
This system of polity does indeed recommend itself by its good appearance and specious pretences to humanity; and when first proposed to any one, must give him great pleasure, as he will conclude it to be a wonderful bond of friendship, connecting all to all; particularly when any one censures the evils which are now to be found in society, as arising from properties not being common, I mean the disputes which happen between man and man, upon their different contracts with each other; those judgments which are passed in court in consequence of fraud, and perjury, and flattering the rich, none of which arise from properties being private, but from the vices of mankind. Besides, those who live in one general community, and have all things in common, oftener dispute with each other than those who have their property separate; from the very small number indeed of those who have their property in common, compared with those where it is appropriated, the instances of their quarrels are but few. It is also but right to mention, not only the inconveniences they are preserved from who live in a communion of goods, but also the advantages they are deprived of; for when the whole comes to be considered, this manner of life will be found impracticable.
We must suppose, then, that Socrates's mistake arose from the principle he set out with being false; we admit, indeed, that both a family and a city ought to be one in some particulars, but not entirely; for there is a point beyond which if a city proceeds in reducing itself to one, it will be no longer a city.
There is also another point at which it will still continue to be a city, but it will approach so near to not being one, that it will be worse than none; as if any one should reduce the voices of those who sing in concert to one, or a verse to a foot. But the people ought to be made one, and a community, as I have already said, by education; as property at Lacedaemon, and their public tables at Crete, were made common by their legislators. But yet, whosoever shall introduce any education, and think thereby to make his city excellent and respectable, will be absurd, while he expects to form it by such regulations, and not by manners, philosophy, and laws. And whoever [1264a] would establish a government upon a community of goods, ought to know that he should consult the experience of many years, which would plainly enough inform him whether such a scheme is useful; for almost all things have already been found out, but some have been neglected, and others which have been known have not been put in practice. But this would be most evident, if any one could see such a government really established: for it would be impossible to frame such a city without dividing and separating it into its distinct parts, as public tables, wards, and tribes; so that here the laws will do nothing more than forbid the military to engage in agriculture, which is what the Lacedaemonians are at present endeavouring to do.
Nor has Socrates told us (nor is it easy to say) what plan of government should be pursued with respect to the individuals in the state where there is a community of goods established; for though the majority of his citizens will in general consist of a multitude of persons of different occupations, of those he has determined nothing; whether the property of the husbandman ought to be in common, or whether each person should have his share to himself; and also, whether their wives and children ought to be in common: for if all things are to be alike common to all, where will be the difference between them and the military, or what would they get by submitting to their government? and upon what principles would they do it, unless they should establish the wise practice of the Cretans? for they, allowing everything else to their slaves, forbid them only gymnastic exercises and the use of arms. And if they are not, but these should be in the same situation with respect to their property which they are in other cities, what sort of a community will there be? in one city there must of necessity be two, and those contrary to each other; for he makes the military the guardians of the state, and the husbandman, artisans, and others, citizens; and all those quarrels, accusations, and things of the like sort, which he says are the bane of other cities, will be found in his also: notwithstanding Socrates says they will not want many laws in consequence of their education, but such only as may be necessary for regulating the streets, the markets, and the like, while at the same time it is the education of the military only that he has taken any care of. Besides, he makes the husbandmen masters of property upon paying a tribute; but this would be likely to make them far more troublesome and high-spirited than the Helots, the Penestise, or the slaves which others employ; nor has he ever determined whether it is necessary to give any attention to them in these particulars, nor thought of what is connected therewith, their polity, their education, their laws; besides, it is of no little consequence, nor is it easy to determine, how these should be framed so as to preserve the community of the military.
Besides, if he makes the wives common, while the property [1264b] continues separate, who shall manage the domestic concerns with the same care which the man bestows upon his fields? nor will the inconvenience be remedied by making property as well as wives common; and it is absurd to draw a comparison from the brute creation, and say, that the same principle should regulate the connection of a man and a woman which regulates theirs amongst whom there is no family association.
It is also very hazardous to settle the magistracy as Socrates has done; for he would have persons of the same rank always in office, which becomes the cause of sedition even amongst those who are of no account, but more particularly amongst those who are of a courageous and warlike disposition; it is indeed evidently necessary that he should frame his community in this manner; for that golden particle which God has mixed up in the soul of man flies not from one to the other, but always continues with the same; for he says, that some of our species have gold, and others silver, blended in their composition from the moment of their birth: but those who are to be husbandmen and artists, brass and iron; besides, though he deprives the military of happiness, he says, that the legislator ought to make all the citizens happy; but it is impossible that the whole city can be happy, without all, or the greater, or some part of it be happy. For happiness is not like that numerical equality which arises from certain numbers when added together, although neither of them may separately contain it; for happiness cannot be thus added together, but must exist in every individual, as some properties belong to every integral; and if the military are not happy, who else are so? for the artisans are not, nor the multitude of those who are employed in inferior offices. The state which Socrates has described has all these defects, and others which are not of less consequence.
It is also nearly the same in the treatise upon Laws which was writ afterwards, for which reason it will be proper in this place to consider briefly what he has there said upon government, for Socrates has thoroughly settled but very few parts of it; as for instance, in what manner the community of wives and children ought to be regulated, how property should be established, and government conducted.
Now he divides the inhabitants into two parts, husbandmen and soldiers, and from these he select a third part who are to be senators and govern the city; but he has not said whether or no the husbandman and artificer shall have any or what share in the government, or whether they shall have arms, and join with the others in war, or not. He thinks also that the women ought to go to war, and have the same education as the soldiers; as to other particulars, he has filled his treatise with matter foreign to the purpose; and with respect to education, he has only said what that of the guards ought to be.
[1265a] As to his book of Laws, laws are the principal thing which that contains, for he has there said but little concerning government; and this government, which he was so desirous of framing in such a manner as to impart to its members a more entire community of goods than is to be found in other cities, he almost brings round again to be the same as that other government which he had first proposed; for except the community of wives and goods, he has framed both his governments alike, for the education of the citizens is to be the same in both; they are in 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.
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.
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.
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 indulgent; whereas that of others is too severe; so that they cannot support it, but are obliged privately to act contrary to law, that they may enjoy some of the pleasures of sense. There are also great defects in the institution of their senators. If indeed they were fitly trained to the practice of every human virtue, every one would readily admit that they would be useful to the government; but still it might be debated whether they should be continued judges for life, to determine points of the greatest moment, since the mind has its old age as well as the body; but as they are so brought up, [1271a] that even the legislator could not depend upon them as good men, their power must be inconsistent with the safety of the state: for it is known that the members of that body have been guilty both of bribery and partiality in many public affairs; for which reason it had been much better if they had been made answerable for their conduct, which they are not. But it may be said the ephori seem to have a check upon all the magistrates. They have indeed in this particular very great power; but I affirm that they should not be entrusted with this control in the manner they are. Moreover, the mode of choice which they make use of at the election of their senators is very childish. Nor is it right for any one to solicit for a place he is desirous of; for every person, whether he chooses it or not, ought to execute any office he is fit for. But his intention was evidently the same in this as in the other parts of his government. For making his citizens ambitious after honours, with men of that disposition he has filled his senate, since no others will solicit for that office; and yet the principal part of those crimes which men are deliberately guilty of arise from ambition and avarice.
We will inquire at another time whether the office of a king is useful to the state: thus much is certain, that they should be chosen from a consideration of their conduct and not as they are now. But that the legislator himself did not expect to make all his citizens honourable and completely virtuous is evident from this, that he distrusts them as not being good men; for he sent those upon the same embassy that were at variance with each other; and thought, that in the dispute of the kings the safety of the state consisted. Neither were their common meals at first well established: for these should rather have been provided at the public expense, as at Crete, where, as at Lacedaemon, every one was obliged to buy his portion, although he might be very poor, and could by no means bear the expense, by which means the contrary happened to what the legislator desired: for he intended that those public meals should strengthen the democratic part of his government: but this regulation had quite the contrary effect, for those who were very poor could not take part in them; and it was an observation of their forefathers, that the not allowing those who could not contribute their proportion to the common tables to partake of them, would be the ruin of the state. Other persons have censured his laws concerning naval affairs, and not without reason, as it gave rise to disputes. For the commander of the fleet is in a manner set up in opposition to the kings, who are generals of the army for life.
[1271b] There is also another defect in his laws worthy of censure, which Plato has given in his book of Laws; that the whole constitution was calculated only for the business of war: it is indeed excellent to make them conquerors; for which reason the preservation of the state depended thereon. The destruction of it commenced with their victories: for they knew not how to be idle, or engage in any other employment than war. In this particular also they were mistaken, that though they rightly thought, that those things which are the objects of contention amongst mankind are better procured by virtue than vice, yet they wrongfully preferred the things themselves to virtue. Nor was the public revenue well managed at Sparta, for the state was worth nothing while they were obliged to carry on the most extensive wars, and the subsidies were very badly raised; for as the Spartans possessed a large extent of country, they were not exact upon each other as to what they paid in. And thus an event contrary to the legislator's intention took place; for the state was poor, the individuals avaricious. Enough of the Lacedaemonian government; for these seem the chief defects in it.
The government of Crete bears a near resemblance to this, in some few particulars it is not worse, but in general it is far inferior in its contrivance. For it appears and is allowed in many particulars the constitution of Lacedaemon was formed in imitation of that of Crete; and in general most new things are an improvement upon the old. For they say, that when Lycurgus ceased to be guardian to King Charilles he went abroad and spent a long time with his relations in Crete, for the Lycians are a colony of the Lacedaemonians; and those who first settled there adopted that body of laws which they found already established by the inhabitants; in like manner also those who now live near them have the very laws which Minos first drew up.
This island seems formed by nature to be the mistress of Greece, for it is entirely surrounded by a navigable ocean which washes almost all the maritime parts of that country, and is not far distant on the one side from Peloponnesus, on the other, which looks towards Asia, from Triopium and Rhodes. By means of this situation Minos acquired the empire of the sea and the islands; some of which he subdued, in others planted colonies: at last he died at Camicus while he was attacking Sicily. There is this analogy between the customs of the Lacedaemonians and the Cretans, the Helots cultivate the grounds [1272a] for the one, the domestic slaves for the other. Both states have their common meals, and the Lacedaemonians called these formerly not psiditia but andpia, as the Cretans do; which proves from whence the custom arose. In this particular their governments are also alike: the ephori have the same power with those of Crete, who are called kosmoi; with this difference only, that the number of the one is five, of the other ten. The senators are the same as those whom the Cretans call the council. There was formerly also a kingly power in Crete; but it was afterwards dissolved, and the command of their armies was given to the kosmoi. Every one also has a vote in their public assembly; but this has only the power of confirming what has already passed the council and the kosmoi.
The Cretans conducted their public meals better than the Lacedaemonians, for at Lacedaemon each individual was obliged to furnish what was assessed upon him; which if he could not do, there was a law which deprived him of the rights of a citizen, as has been already mentioned: but in Crete they were furnished by the community; for all the corn and cattle, taxes and contributions, which the domestic slaves were obliged to furnish, were divided into parts and allotted to the gods, the exigencies of the state, and these public meals; so that all the men, women, and children were maintained from a common stock. The legislator gave great attention to encourage a habit of eating sparingly, as very useful to the citizens. He also endeavoured, that his community might not be too populous, to lessen the connection with women, by introducing the love of boys: whether in this he did well or ill we shall have some other opportunity of considering. But that the public meals were better ordered at Crete than at Lacedaemon is very evident.
The institution of the kosmoi, was still worse than that of the ephori: for it contained all the faults incident to that magistracy and some peculiar to itself; for in both cases it is uncertain who will be elected: but the Lacedaemonians have this advantage which the others have not, that as all are eligible, the whole community have a share in the highest honours, and therefore all desire to preserve the state: whereas among the Cretans the kosmoi are not chosen out of the people in general, but out of some certain families, and the senate out of the kosmoi. And the same observations which may be made on the senate at Lacedaemon may be applied to these; for their being under no control, and their continuing for life, is an honour greater than they merit; and to have their proceedings not regulated by a written law, but left to their own discretion, is dangerous. (As to there being no insurrections, although the people share not in the management of public affairs, this is no proof of a well-constituted government, as the kosmoi have no opportunity of being bribed like the ephori, as they live in an [1272b] island far from those who would corrupt them.) But the method they take to correct that fault is absurd, impolitic, and tyrannical: for very often either their fellow-magistrates or some private persons conspire together and turn out the kosmoi. They are also permitted to resign their office before their time is elapsed, and if all this was done by law it would be well, and not at the pleasure of the individuals, which is a bad rule to follow. But what is worst of all is, that general confusion which those who are in power introduce to impede the ordinary course of justice; which sufficiently shows what is the nature of the government, or rather lawless force: for it is usual with the principal persons amongst them to collect together some of the common people and their friends, and then revolt and set up for themselves, and come to blows with each other. And what is the difference, if a state is dissolved at once by such violent means, or if it gradually so alters in process of time as to be no longer the same constitution? A state like this would ever be exposed to the invasions of those who were powerful and inclined to attack it; but, as has been already mentioned, its situation preserves it, as it is free from the inroads of foreigners; and for this reason the family slaves still remain quiet at Crete, while the Helots are perpetually revolting: for the Cretans take no part in foreign affairs, and it is but lately that any foreign troops have made an attack upon the island; and their ravages soon proved the ineffectualness of their laws. And thus much for the government of Crete.
The government of Carthage seems well established, and in many respects superior to others; in some particulars it bears a near resemblance to the Lacedaemonians; and indeed these three states, the Cretans, the Lacedaemonians and the Carthaginians are in some things very like each other, in others they differ greatly. Amongst many excellent constitutions this may show how well their government is framed, that although the people are admitted to a share in the administration, the form of it remains unaltered, without any popular insurrections, worth notice, on the one hand, or degenerating into a tyranny on the other. Now the Carthaginians have these things in common with the Lacedaemonians: public tables for those who are connected together by the tie of mutual friendship, after the manner of their Phiditia; they have also a magistracy, consisting of an hundred and four persons, similar to the ephori, or rather selected with more judgment; for amongst the Lacedaemonians, all the citizens are eligible, but amongst the Carthaginians, they are chosen out of those of the better sort: there is also some analogy between the king and the senate in both these governments, though the Carthaginian method of appointing their kings is best, for they do not confine themselves to one family; nor do they permit the election to be at large, nor have they any regard to seniority; for if amongst the candidates there are any of greater merit than the rest, these they prefer to those who may be older; for as their power is very extensive, if they are [1273a] persons of no account, they may be very hurtful to the state, as they have always been to the Lacedaemonians; also the greater part of those things which become reprehensible by their excess are common to all those governments which we have described.
Now of those principles on which the Carthaginians have established their mixed form of government, composed of an aristocracy and democracy, some incline to produce a democracy, others an oligarchy: for instance, if the kings and the senate are unanimous upon any point in debate, they can choose whether they will bring it before the people or no; but if they disagree, it is to these they must appeal, who are not only to hear what has been approved of by the senate, but are finally to determine upon it; and whosoever chooses it, has a right to speak against any matter whatsoever that may be proposed, which is not permitted in other cases. The five, who elect each other, have very great and extensive powers; and these choose the hundred, who are magistrates of the highest rank: their power also continues longer than any other magistrates, for it commences before they come into office, and is prolonged after they are out of it; and in this particular the state inclines to an oligarchy: but as they are not elected by lot, but by suffrage, and are not permitted to take money, they are the greatest supporters imaginable of an aristocracy.
The determining all causes by the same magistrates, and not orae in one court and another in another, as at Lacedaemon, has the same influence. The constitution of Carthage is now shifting from an aristocracy to an oligarchy, in consequence of an opinion which is favourably entertained by many, who think that the magistrates in the community ought not to be persons of family only, but of fortune also; as it is impossible for those who are in bad circumstances to support the dignity of their office, or to be at leisure to apply to public business. As choosing men of fortune to be magistrates make a state incline to an oligarchy, and men of abilities to an aristocracy, so is there a third method of proceeding which took place in the polity of Carthage; for they have an eye to these two particulars when they elect their officers, particularly those of the highest rank, their kings and their generals. It must be admitted, that it was a great fault in their legislator not to guard against the constitution's degenerating from an aristocracy; for this is a most necessary thing to provide for at first, that those citizens who have the best abilities should never be obliged to do anything unworthy their character, but be always at leisure to serve the public, not only when in office, but also when private persons; for if once you are obliged to look among the wealthy, that you may have men at leisure to serve you, your greatest offices, of king and general, will soon become venal; in consequence of which, riches will be more honourable than virtue and a love of money be the ruling principle in the city-for what those who have the chief power regard as honourable will necessarily be the object which the [1273b] citizens in general will aim at; and where the first honours are not paid to virtue, there the aristocratic form of government cannot flourish: for it is reasonable to conclude, that those who bought their places should generally make an advantage of what they laid out their money for; as it is absurd to suppose, that if a man of probity who is poor should be desirous of gaining something, a bad man should not endeavour to do the same, especially to reimburse himself; for which reason the magistracy should be formed of those who are most able to support an aristocracy. It would have been better for the legislature to have passed over the poverty of men of merit, and only to have taken care to have ensured them sufficient leisure, when in office, to attend to public affairs.
It seems also improper, that one person should execute several offices, which was approved of at Carthage; for one business is best done by one person; and it is the duty of the legislator to look to this, and not make the same person a musician and a shoemaker: so that where the state is not small it is more politic and more popular to admit many persons to have a share in the government; for, as I just now said, it is not only more usual, but everything is better and sooner done, when one thing only is allotted to one person: and this is evident both in the army and navy, where almost every one, in his turn, both commands and is under command. But as their government inclines to an oligarchy, they avoid the ill effects of it by always appointing some of the popular party to the government of cities to make their fortunes. Thus they consult this fault in their constitution and render it stable; but this is depending on chance; whereas the legislator ought to frame his government, that there the no room for insurrections. But now, if there should be any general calamity, and the people should revolt from their rulers, there is no remedy for reducing them to obedience by the laws. And these are the particulars of the Lacedaemonian, the Cretan, and the Carthaginian governments which seem worthy of commendation.
Some of those persons who have written upon government had never any share in public affairs, but always led a private life. Everything worthy of notice in their works we have already spoke to. Others were legislators, some in their own cities, others were employed in regulating the governments of foreign states. Some of them only composed a body of laws; others formed the constitution also, as Lycurgus; and Solon, who did both. The Lacedaemonians have been already mentioned. Some persons think that Solon was an excellent legislator, who could dissolve a pure oligarchy, and save the people from that slavery which hung over them, and establish the ancient democratic form of government in his country; wherein every part of it was so framed as to be well adapted to the whole. In the senate of Areopagus an oligarchy was preserved; by the manner of electing their [1274a] magistrates, an aristocracy; and in their courts of justice, a democracy.
Solon seems not to have altered the established form of government, either with respect to the senate or the mode of electing their magistrates; but to have raised the people to great consideration in the state by allotting the supreme judicial department to them; and for this some persons blame him, as having done what would soon overturn that balance of power he intended to establish; for by trying all causes whatsoever before the people, who were chosen by lot to determine them, it was necessary to flatter a tyrannical populace who had got this power; which contributed to bring the government to that pure democracy it now is.
Both Ephialtes and Pericles abridged the power of the Areopagites, the latter of whom introduced the method of paying those who attended the courts of justice: and thus every one who aimed at being popular proceeded increasing the power of the people to what we now see it. But it is evident that this was not Solon's intention, but that it arose from accident; for the people being the cause of the naval victory over the Medes, assumed greatly upon it, and enlisted themselves under factious demagogues, although opposed by the better part of the citizens. He thought it indeed most necessary to entrust the people with the choice of their magistrates and the power of calling them to account; for without that they must have been slaves and enemies to the other citizens: but he ordered them to elect those only who were persons of good account and property, either out of those who were worth five hundred medimns, or those who were called xeugitai, or those of the third census, who were called horsemen.
As for those of the fourth, which consisted of mechanics, they were incapable of any office. Zaleucus was the legislator of the Western Locrians, as was Charondas, the Catanean, of his own cities, and those also in Italy and Sicily which belonged to the Calcidians. Some persons endeavour to prove that Onomacritus, the Locrian, was the first person of note who drew up laws; and that he employed himself in that business while he was at Crete, where he continued some time to learn the prophetic art: and they say, that Thales was his companion; and that Lycurgus and Zaleucus were the scholars of Thales, and Charondas of Zaleucus; but those who advance this, advance what is repugnant to chronology. Philolaus also, of the family of the Bacchiades, was a Theban legislator. This man was very fond of Diocles, a victor in the Olympic games, and when he left his country from a disgust at an improper passion which his mother Alithoe had entertained for him, and settled at Thebes, Philolaus followed him, where they both died, and where they still show their tombs placed in view of each other, but so disposed, that one of them looks towards Corinth, the other does not; the reason they give for this is, that Diodes, from his detestation of his mother's passion, would have his tomb so placed that no one could see Corinth from it; but Philolaus chose that it might be seen from his: and this was the cause of their living at Thebes. [1274b]
As Philolaus gave them laws concerning many other things, so did he upon adoption, which they call adoptive laws; and this he in particular did to preserve the number of families. Charondas did nothing new, except in actions for perjury, which he was the first person who took into particular consideration. He also drew up his laws with greater elegance and accuracy than even any of our present legislators. Philolaus introduced the law for the equal distribution of goods; Plato that for the community of women, children, and goods, and also for public tables for the women; and one concerning drunkenness, that they might observe sobriety in their symposiums. He also made a law concerning their warlike exercises; that they should acquire a habit of using both hands alike, as it was necessary that one hand should be as useful as the other.
As for Draco's laws, they were published when the government was already established, and they have nothing particular in them worth mentioning, except their severity on account of the enormity of their punishments. Pittacus was the author of some laws, but never drew up any form of government; one of which was this, that if a drunken man beat any person he should be punished more than if he did it when sober; for as people are more apt to be abusive when drunk than sober, he paid no consideration to the excuse which drunkenness might claim, but regarded only the common benefit. Andromadas Regmus was also a lawgiver to the Thracian talcidians. There are some laws of his concerning murders and heiresses extant, but these contain nothing that any one can say is new and his own. And thus much for different sorts of governments, as well those which really exist as those which different persons have proposed.