A Treatise On Government
We have already shown what is the nature of the supreme council in the state, and wherein one may differ from another, and how the different magistrates should be regulated; and also the judicial department, and what is best suited to what state; and also to what causes both the destruction and preservation of governments are owing.
As there are very many species of democracies, as well as of other states, it will not be amiss to consider at the same time anything which we may have omitted to mention concerning either of them, and to allot to each that mode of conduct which is peculiar to and advantageous for them; and also to inquire into the combinations of all these different modes of government which we [1317a] have mentioned; for as these are blended together the government is altered, as from an aristocracy to be an oligarchy, and from a free state to be a democracy. Now, I mean by those combinations of government (which I ought to examine into, but have not yet done), namely, whether the deliberative department and the election of magistrates is regulated in a manner correspondent to an oligarchy, or the judicial to an aristocracy, or the deliberative part only to an oligarchy, and the election of magistrates to an aristocracy, or whether, in any other manner, everything is not regulated according to the nature of the government. But we will first consider what particular sort of democracy is fitted to a particular city, and also what particular oligarchy to a particular people; and of other states, what is advantageous to what. It is also necessary to show clearly, not only which of these governments is best for a state, but also how it ought to be established there, and other things we will treat of briefly.
And first, we will speak of a democracy; and this will at the same time show clearly the nature of its opposite which some persons call an oligarchy; and in doing this we must examine into all the parts of a democracy, and everything that is connected therewith; for from the manner in which these are compounded together different species of democracies arise: and hence it is that they are more than one, and of various natures. Now, there are two causes which occasion there being so many democracies; one of which is that which we have already mentioned; namely, there being different sorts of people; for in one country the majority are husbandmen, in another mechanics, and hired servants; if the first of these is added to the second, and the third to both of them, the democracy will not only differ in the particular of better or worse, but in this, that it will be no longer the same government; the other is that which we will now speak of. The different things which are connected with democracies and seem to make part of these states, do, from their being joined to them, render them different from others: this attending a few, that more, and another all. It is necessary that he who would found any state which he may happen to approve of, or correct one, should be acquainted with all these particulars. All founders of states endeavour to comprehend within their own plan everything of nearly the same kind with it; but in doing this they err, in the manner I have already described in treating of the preservation and destruction of governments. I will now speak of these first principles and manners, and whatever else a democratical state requires.
Now the foundation of a democratical state is liberty, and people have been accustomed to say this as if here only liberty was to be found; for they affirm that this is the end proposed by every democracy. But one part of liberty is to govern and be governed alternately; for, according to democratical justice, equality is measured by numbers, and not by worth: and this being just, it is necessary that the supreme power should be vested in the people at large; and that what the majority determine should be final: so that in a democracy the poor ought to have more power than the rich, as being the greater number; for this is one mark of liberty which all framers of a democracy lay down as a criterion of that state; another is, to live as every one likes; for this, they say, is a right which liberty gives, since he is a slave who must live as he likes not. This, then, is another criterion of a democracy. Hence arises the claim to be under no command whatsoever to any one, upon any account, any otherwise than by rotation, and that just as far only as that person is, in his turn, under his also. This also is conducive to that equality which liberty demands. These things being premised, and such being the government, it follows that such rules as the following should be observed in it, that all the magistrates should be chosen out of all the people, and all to command each, and each in his turn all: that all the magistrates should be chosen by lot, except to those offices only which required some particular knowledge and skill: that no census, or a very small one, should be required to qualify a man for any office: that none should be in the same employment twice, or very few, and very seldom, except in the army: that all their appointments should be limited to a very short time, or at least as many as possible: that the whole community should be qualified to judge in all causes whatsoever, let the object be ever so extensive, ever so interesting, or of ever so high a nature; as at Athens, where the people at large judge the magistrates when they come out of office, and decide concerning public affairs as well as private contracts: that the supreme power should be in the public assembly; and that no magistrate should be allowed any discretionary power but in a few instances, and of no consequence to public business. Of all magistrates a senate is best suited to a democracy, where the whole community is not paid for giving their attendance; for in that case it loses its power; for then the people will bring all causes before them, by appeal, as we have already mentioned in a former book. In the next place, there should, if possible, be a fund to pay all the citizens—who have any share in the management of public affairs, either as members of the assembly, judges, and magistrates; but if this cannot be done, at least the magistrates, the judges the senators, and members of the supreme assembly, and also those officers who are obliged to eat at a common table ought to be paid. Moreover, as an oligarchy is said to be a government of men of family, fortune, and education; so, on the contrary, a democracy is a government in the hands of men of no birth, indigent circumstances, and mechanical employments. In this state also no office [1318a] should be for life; and, if any such should remain after the government has been long changed into a democracy, they should endeavour by degrees to diminish the power; and also elect by lot instead of vote. These things, then, appertain to all democracies; namely, to be established on that principle of justice which is homogeneous to those governments; that is, that all the members of the state, by number, should enjoy an equality, which seems chiefly to constitute a democracy, or government of the people: for it seems perfectly equal that the rich should have no more share in the government than the poor, nor be alone in power; but that all should be equal, according to number; for thus, they think, the equality and liberty of the state best preserved.
In the next place we must inquire how this equality is to be procured. Shall the qualifications be divided so that five hundred rich should be equal to a thousand poor, or shall the thousand have equal power with the five hundred? or shall we not establish our equality in this manner? but divide indeed thus, and afterwards taking an equal number both out of the five hundred and the thousand, invest them with the power of creating the magistrates and judges. Is this state then established according to perfect democratical justice, or rather that which is guided by numbers only? For the defenders of a democracy say, that that is just which the majority approve of: but the favourers of an oligarchy say, that that is just which those who have most approve of; and that we ought to be directed by the value of property. Both the propositions are unjust; for if we agree with what the few propose we erect a tyranny: for if it should happen that an individual should have more than the rest who are rich, according to oligarchical justice, this man alone has a right to the supreme power; but if superiority of numbers is to prevail, injustice will then be done by confiscating the property of the rich, who are few, as we have already said. What then that equality is, which both parties will admit, must be collected from the definition of right which is common to them both; for they both say that what the majority of the state approves of ought to be established. Be it so; but not entirely: but since a city happens to be made up of two different ranks of people, the rich and the poor, let that be established which is approved of by both these, or the greater part: but should there be opposite sentiments, let that be established which shall be approved of by the greater part: but let this be according to the census; for instance, if there should be ten of the rich and twenty of the poor, and six of the first and fifteen of the last should agree upon any measure, and the remaining four of the rich should join with the remaining five of the poor in opposing it, that party whose census when added together should determine which opinion should be law, and should these happen to be equal, it should be regarded as a case similar to an assembly or court of justice dividing equally upon any question that comes before them, who either determine it by lot or some such method. But although, with [1318b] respect to what is equal and just, it may be very difficult to establish the truth, yet it is much easier to do than to persuade those who have it in their power to encroach upon others to be guided thereby; for the weak always desire what is equal and just, but the powerful pay no regard thereunto.
There are four kinds of democracies. The best is that which is composed of those first in order, as we have already said, and this also is the most ancient of any. I call that the first which every one would place so, was he to divide the people; for the best part of these are the husbandmen. We see, then, that a democracy may be framed where the majority live by tillage or pasturage; for, as their property is but small, they will not be at leisure perpetually to hold public assemblies, but will be continually employed in following their own business, not having otherwise the means of living; nor will they be desirous of what another enjoys, but will rather like to follow their own business than meddle with state affairs and accept the offices of government, which will be attended with no great profit; for the major part of mankind are rather desirous of riches than honour (a proof of this is, that they submitted to the tyrannies in ancient times, and do now submit to the oligarchies, if no one hinders them in their usual occupations, or deprives them of their property; for some of them soon get rich, others are removed from poverty); besides, their having the right of election and calling their magistrates to account for their conduct when they come out of office, will satisfy their desire of honours, if any of them entertain that passion: for in some states, though the commonalty have not the right of electing the magistrates, yet it is vested in part of that body chosen to represent them: and it is sufficient for the people at large to possess the deliberative power: and this ought to be considered as a species of democracy; such was that formerly at Mantinsea: for which reason it is proper for the democracy we have been now treating of to have a power (and it has been usual for them to have it) of censuring their magistrates when out of office, and sitting in judgment upon all causes: but that the chief magistrates should be elected, and according to a certain census, which should vary with the rank of their office, or else not by a census, but according to their abilities for their respective appointments. A state thus constituted must be well constituted; for the magistracies will be always filled with the best men with the approbation of the people; who will not envy their superiors: and these and the nobles should be content with this part in the administration; for they will not be governed by their inferiors. They will be also careful to use their power with moderation, as there are others to whom full power is delegated to censure their conduct; for it is very serviceable to the state to have them dependent upon others, and not to be permitted to do whatsoever they choose; for with such a liberty there would be no check to that evil particle there is in every one: therefore it is [1319a] necessary and most for the benefit of the state that the offices thereof should be filled by the principal persons in it, whose characters are unblemished, and that the people are not oppressed. It is now evident that this is the best species of democracy, and on what account; because the people are such and have such powers as they ought to have. To establish a democracy of husbandmen some of those laws which were observed in many ancient states are universally useful; as, for instance, on no account to permit any one to possess more than a certain quantity of land, or within a certain distance from the city. Formerly also, in some states, no one was allowed to sell their original lot of land. They also mention a law of one Oxylus, which forbade any one to add to their patrimony by usury. We ought also to follow the law of the Aphutaeans, as useful to direct us in this particular we are now speaking of; for they having but very little ground, while they were a numerous people, and at the same time were all husbandmen, did not include all their lands within the census, but divided them in such a manner that, according to the census, the poor had more power than the rich. Next to the commonalty of husbandmen is one of shepherds and herdsmen; for they have many things in common with them, and, by their way of life, are excellently qualified to make good soldiers, stout in body, and able to continue in the open air all night. The generality of the people of whom other democracies are composed are much worse than these; for their lives are wretched nor have they any business with virtue in anything they do; these are your mechanics, your exchange-men, and hired servants; as all these sorts of men frequent the exchange and the citadel, they can readily attend the public assembly; whereas the husbandmen, being more dispersed in the country, cannot so easily meet together; nor are they equally desirous of doing it with these others! When a country happens to be so situated that a great part of the land lies at a distance from the city, there it is easy to establish a good democracy or a free state for the people in general will be obliged to live in the country; so that it will be necessary in such a democracy, though there may be an exchange-mob at hand, never to allow a legal assembly without the inhabitants of the country attend. We have shown in what manner the first and best democracy ought to be established, and it will be equally evident as to the rest, for from these we [1319b] should proceed as a guide, and always separate the meanest of the people from the rest. But the last and worst, which gives to every citizen without distinction a share in every part of the administration, is what few citizens can bear, nor is it easy to preserve for any long time, unless well supported by laws and manners. We have already noticed almost every cause that can destroy either this or any other state. Those who have taken the lead in such a democracy have endeavoured to support it, and make the people powerful by collecting together as many persons as they could and giving them their freedom, not only legitimately but naturally born, and also if either of their parents were citizens, that is to say, if either their father or mother; and this method is better suited to this state than any other: and thus the demagogues have usually managed. They ought, however, to take care, and do this no longer than the common people are superior to the nobles and those of the middle rank, and then stop; for, if they proceed still further, they will make the state disorderly, and the nobles will ill brook the power of the common people, and be full of resentment against it; which was the cause of an insurrection at Cyrene: for a little evil is overlooked, but when it becomes a great one it strikes the eye. It is, moreover, very-useful in such a state to do as Clisthenes did at Athens, when he was desirous of increasing the power of the people, and as those did who established the democracy in Cyrene; that is, to institute many tribes and fraternities, and to make the religious rites of private persons few, and those common; and every means is to be contrived to associate and blend the people together as much as possible; and that all former customs be broken through. Moreover, whatsoever is practised in a tyranny seems adapted to a democracy of this species; as, for instance, the licentiousness of the slaves, the women, and the children; for this to a certain degree is useful in such a state; and also to overlook every one's living as they choose; for many will support such a government: for it is more agreeable to many to live without any control than as prudence would direct.
It is also the business of the legislator and all those who would support a government of this sort not to make it too great a work, or too perfect; but to aim only to render it stable: for, let a state be constituted ever so badly, there is no difficulty in its continuing a few days: they should therefore endeavour to procure its safety by all those ways which we have described in assigning the causes of the preservation and destruction of governments; avoiding what is hurtful, and by framing such laws, written and unwritten, as contain those things which chiefly tend to the preservation of the state; nor to suppose that that is useful either for a democratic or [1320a] an oligarchic form of government which contributes to make them more purely so, but what will contribute to their duration: but our demagogues at present, to flatter the people, occasion frequent confiscations in the courts; for which reason those who have the welfare of the state really at heart should act directly opposite to what they do, and enact a law to prevent forfeitures from being divided amongst the people or paid into the treasury, but to have them set apart for sacred uses: for those who are of a bad disposition would not then be the less cautious, as their punishment would be the same; and the community would not be so ready to condemn those whom they sat in judgment on when they were to get nothing by it: they should also take care that the causes which are brought before the public should be as few as possible, and punish with the utmost severity those who rashly brought an action against any one; for it is not the commons but the nobles who are generally prosecuted: for in all things the citizens of the same state ought to be affectionate to each other, at least not to treat those who have the chief power in it as their enemies. Now, as the democracies which have been lately established are very numerous, and it is difficult to get the common people to attend the public assemblies without they are paid for it, this, when there is not a sufficient public revenue, is fatal to the nobles; for the deficiencies therein must be necessarily made up by taxes, confiscations, and fines imposed by corrupt courts of justice: which things have already destroyed many democracies. Whenever, then, the revenues of the state are small, there should be but few public assemblies and but few courts of justice: these, however, should have very extensive jurisdictions, but should continue sitting a few days only, for by this means the rich would not fear the expense, although they should receive nothing for their attendance, though the poor did; and judgment also would be given much better; for the rich will not choose to be long absent from their own affairs, but will willingly be so for a short time: and, when there are sufficient revenues, a different conduct ought to be pursued from what the demagogues at present follow; for now they divide the surplus of the public money amongst the poor; these receive it and again want the same supply, while the giving it is like pouring water into a sieve: but the true patriot in a democracy ought to take care that the majority of the community are not too poor, for this is the cause of rapacity in that government; he therefore should endeavour that they may enjoy perpetual plenty; and as this also is advantageous to the rich, what can be saved out of the public money should be put by, and then divided at once amongst the poor, if possible, in such a quantity as may enable every one of them to purchase a little field, and, if that cannot be done, at least to give each of them enough to procure the implements [1320b] of trade and husbandry; and if there is not enough for all to receive so much at once, then to divide it according to tribes or any other allotment. In the meantime let the rich pay them for necessary services, but not be obliged to find them in useless amusements. And something like this was the manner in which they managed at Carthage, and preserved the affections of the people; for by continually sending some of their community into colonies they procured plenty. It is also worthy of a sensible and generous nobility to divide the poor amongst them, and supplying them with what is necessary, induce them to work; or to imitate the conduct of the people at Tarentum: for they, permitting the poor to partake in common of everything which is needful for them, gain the affections of the commonalty. They have also two different ways of electing their magistrates; for some are chosen by vote, others by lot; by the last, that the people at large may have some share in the administration; by the former, that the state may be well governed: the same may be accomplished if of the same magistrates you choose some by vote, others by lot. And thus much for the manner in which democracies ought to be established.
What has been already said will almost of itself sufficiently show how an oligarchy ought to be founded; for he who would frame such a state should have in his view a democracy to oppose it; for every species of oligarchy should be founded on principles diametrically opposite to some species of democracy.
The first and best-framed oligarchy is that which approaches near to what we call a free state; in which there ought to be two different census, the one high, the other low: from those who are within the latter the ordinary officers of the state ought to be chosen; from the former the supreme magistrates: nor should any one be excluded from a part of the administration who was within the census; which should be so regulated that the commonalty who are included in it should by means thereof be superior to those who have no share in the government; for those who are to have the management of public affairs ought always to be chosen out of the better sort of the people. Much in the same manner ought that oligarchy to be established which is next in order: but as to that which is most opposite to a pure democracy, and approaches nearest to a dynasty and a tyranny, as it is of all others the worst, so it requires the greatest care and caution to preserve it: for as bodies of sound and healthy constitutions and ships which are well manned and well found for sailing can bear many injuries without perishing, while a diseased body or a leaky ship with an indifferent crew cannot support the [1321a] least shock; so the worst-established governments want most looking after. A number of citizens is the preservation of a democracy; for these are opposed to those rights which are founded in rank: on the contrary, the preservation of an oligarchy depends upon the due regulation of the different orders in the society.
As the greater part of the community are divided into four sorts of people; husbandmen, mechanics, traders, and hired servants; and as those who are employed in war may likewise be divided into four; the horsemen, the heavy-armed soldier, the light-armed, and the sailor, where the nature of the country can admit a great number of horse; there a powerful oligarchy may be easily established: for the safety of the inhabitants depends upon a force of that sort; but those who can support the expense of horsemen must be persons of some considerable fortune. Where the troops are chiefly heavy-armed, there an oligarchy, inferior in power to the other, may be established; for the heavy-armed are rather made up of men of substance than the poor: but the light-armed and the sailors always contribute to support a democracy: but where the number of these is very great and a sedition arises, the other parts of the community fight at a disadvantage; but a remedy for this evil is to be learned from skilful generals, who always mix a proper number of light-armed soldiers with their horse and heavy-armed: for it is with those that the populace get the better of the men of fortune in an insurrection; for these being lighter are easily a match for the horse and the heavy-armed: so that for an oligarchy to form a body of troops from these is to form it against itself: but as a city is composed of persons of different ages, some young and some old, the fathers should teach their sons, while they were very young, a light and easy exercise; but, when they are grown up, they should be perfect in every warlike exercise. Now, the admission of the people to any share in the government should either be (as I said before) regulated by a census, or else, as at Thebes, allowed to those who for a certain time have ceased from any mechanic employment, or as at Massalia, where they are chosen according to their worth, whether citizens or foreigners. With respect to the magistrates of the highest rank which it may be necessary to have in a state, the services they are bound to do the public should be expressly laid down, to prevent the common people from being desirous of accepting their employments, and also to induce them to regard their magistrates with favour when they know what a price they pay for their honours. It is also necessary that the magistrates, upon entering into their offices, should make magnificent sacrifices and erect some public structure, that the people partaking of the entertainment, and seeing the city ornamented with votive gifts in their temples and public structures, may see with pleasure the stability of the government: add to this also, that the nobles will have their generosity recorded: but now this is not the conduct which those who are at present at the head of an oligarchy pursue, but the contrary; for they are not more desirous of honour than of gain; for which reason such oligarchies may more properly be called little democracies. Thus [1321b] we have explained on what principles a democracy and an oligarchy ought to be established.
After what has been said I proceed next to treat particularly of the magistrates; of what nature they should be, how many, and for what purpose, as I have already mentioned: for without necessary magistrates no state can exist, nor without those which contribute to its dignity and good order can exist happily: now it is necessary that in small states the magistrates should be few; in a large one, many: also to know well what offices may be joined together, and what ought to be separated. The first thing necessary is to establish proper regulators in the markets; for which purpose a certain magistrate should be appointed to inspect their contracts and preserve good order; for of necessity, in almost every city there must be both buyers and sellers to supply each other's mutual wants: and this is what is most productive of the comforts of life; for the sake of which men seem to have joined together in one community. A second care, and nearly related to the first, is to have an eye both to the public and private edifices in the city, that they may be an ornament; and also to take care of all buildings which are likely to fall: and to see that the highways are kept in proper repair; and also that the landmarks between different estates are preserved, that there may be no disputes on that account; and all other business of the same nature. Now, this business may be divided into several branches, over each of which in populous cities they appoint a separate person; one to inspect the buildings, another the fountains, another the harbours; and they are called the inspectors of the city. A third, which is very like the last, and conversant nearly about the same objects, only in the country, is to take care of what is done out of the city. The officers who have this employment we call inspectors of the lands, or inspectors of the woods; but the business of all three of them is the same. There must also be other officers appointed to receive the public revenue and to deliver it out to those who are in the different departments of the state: these are called receivers or quaestors. There must also be another, before whom all private contracts and sentences of courts should be enrolled, as well as proceedings and declarations. Sometimes this employment is divided amongst many, but there is one supreme over the rest; these are called proctors, notaries, and the like. Next to these is an officer whose business is of all others the most necessary, and yet most difficult; namely, to take care that sentence is executed upon those who are condemned; and that every one pays the fines laid on him; and also to have the charge of those who are in prison. [1322a] This office is very disagreeable on account of the odium attending it, so that no one will engage therein without it is made very profitable, or, if they do, will they be willing to execute it according to law; but it is most necessary, as it is of no service to pass judgment in any cause without that judgment is carried into execution: for without this human society could not subsist: for which reason it is best that this office should not be executed by one person, but by some of the magistrates of the other courts. In like manner, the taking care that those fines which are ordered by the judges are levied should be divided amongst different persons. And as different magistrates judge different causes, let the causes of the young be heard by the young: and as to those which are already brought to a hearing, let one person pass sentence, and another see it executed: as, for instance, let the magistrates who have the care of the public buildings execute the sentence which the inspectors of the markets have passed, and the like in other cases: for by so much the less odium attends those who carry the laws into execution, by so much the easier will they be properly put in force: therefore for the same persons to pass the sentence and to execute it will subject them to general hatred; and if they pass it upon all, they will be considered as the enemies of all. Thus one person has often the custody of the prisoner's body, while another sees the sentence against him executed, as the eleven did at Athens: for which reason it is prudent to separate these offices, and to give great attention thereunto as equally necessary with anything we have already mentioned; for it will certainly happen that men of character will decline accepting this office, and worthless persons cannot properly be entrusted with it, as having themselves rather an occasion for a guard than being qualified to guard others. This, therefore, ought by no means to be a separate office from others; nor should it be continually allotted to any individuals, but the young men; where there is a city-guard, the youths ought in turns to take these offices upon them. These, then, as the most necessary magistrates, ought to be first mentioned: next to these are others no less necessary, but of much higher rank, for they ought to be men of great skill and fidelity. These are they who have the guard of the city, and provide everything that is necessary for war; whose business it is, both in war and peace, to defend the walls and the gates, and to take care to muster and marshal the citizens. Over all these there are sometimes more officers, sometimes fewer: thus in little cities there is only one whom they call either general or polemarch; but where there are horse and light-armed troops, and bowmen, and sailors, they sometimes put distinct commanders over each of these; who again have others under them, according to their different divisions; all of which join together to make one military body: and thus much for this department. Since some of the magistrates, if not all, have business with the public money, it is necessary that there should be other officers, whose employment should be nothing else than to take an account of what they have, and correct any mismanagement therein. But besides all these magistrates there is one who is supreme over them all, who very often has in his own power the disposal of the public revenue and taxes; who presides over the people when the supreme power is in them; for there must be some magistrate who has a power to summon them together, and to preside as head of the state. These are sometimes called preadvisers; but where there are many, more properly a council. These are nearly the civil magistrates which are requisite to a government: but there are other persons whose business is confined to religion; as the priests, and those who are to take care of the temples, that they are kept in proper repair, or, if they fall down, that they may be rebuilt; and whatever else belongs to public worship. This charge is sometimes entrusted to one person, as in very small cities: in others it is delegated to many, and these distinct from the priesthood, as the builders or keepers of holy places, and officers of the sacred revenue. Next to these are those who are appointed to have the general care of all those public sacrifices to the tutelar god of the state, which the laws do not entrust to the priests: and these in different states have different appellations. To enumerate in few words the different departments of all those magistrates who are necessary: these are either religion, war, taxes, expenditures, markets, public buildings, harbours, highways. Belonging to the courts of justice there are scribes to enroll private contracts; and there must also be guards set over the prisoners, others to see the law is executed, council on either side, and also others to watch over the conduct of those who are to decide the causes. Amongst the magistrates also may finally be reckoned those who are to give their advice in public affairs. But separate states, who are peculiarly happy and have leisure to attend to more minute particulars, and are very attentive to good order, require particular magistrates for themselves; such as those who have the government of the women; who are to see the laws are executed; who take care of the boys and preside over their education. To these may be added those who have the care of their gymnastic exercises, [1323a] their theatres, and every other public spectacle which there may happen to be. Some of these, however, are not of general use; as the governors of the women: for the poor are obliged to employ their wives and children in servile offices for want of slaves. As there are three magistrates to whom some states entrust the supreme power; namely, guardians of the laws, preadvisers, and senators; guardians of the laws suit best to an aristocracy, preadvisers to an oligarchy, and a senate to a democracy. And thus much briefly concerning all magistrates.