Politics: A Treatise on Government
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CHAPTER VIII
Hippodamus, the son of Euruphon a Milesian, contrived the art of laying out towns, and separated the Pireus. This man was in other respects too eager after notice, and seemed to many to live in a very affected manner, with his flowing locks and his expensive ornaments, and a coarse warm vest which he wore, not only in the winter, but also in the hot weather. As he was very desirous of the character of a universal scholar, he was the first who, not being actually engaged in the management of public affairs, sat himself to inquire what sort of government was best; and he planned a state, consisting of ten thousand persons, divided into three parts, one consisting of artisans, another of husbandmen, and the third of soldiers; he also divided the lands into three parts, and allotted one to sacred purposes, another to the public, and the third to individuals. The first of these was to supply what was necessary for the established worship of the gods; the second was to be allotted to the support of the soldiery; and the third was to be the property of the husbandman. He thought also that there need only be three sorts of laws, corresponding to the three sorts of actions which can be brought, namely, for assault, trespasses, or death. He ordered also that there should be a particular court of appeal, into which all causes might be removed which were supposed to have been unjustly determined elsewhere; which court should be composed of old men chosen for that purpose. He thought also [1268a] that they should not pass sentence by votes; but that every one should bring with him a tablet, on which he should write, that he found the party guilty, if it was so, but if not, he should bring a plain tablet; but if he acquitted him of one part of the indictment but not of the other, he should express that also on the tablet; for he disapproved of that general custom already established, as it obliges the judges to be guilty of perjury if they determined positively either on the one side or the other. He also made a law, that those should be rewarded who found out anything for the good of the city, and that the children of those who fell in battle should be educated at the public expense; which law had never been proposed by any other legislator, though it is at present in use at Athens as well as in other cities, he would have the magistrates chosen out of the people in general, by whom he meant the three parts before spoken of; and that those who were so elected should be the particular guardians of what belonged to the public, to strangers, and to orphans.
These are the principal parts and most worthy of notice in Hippodamus's plan. But some persons might doubt the propriety of his division of the citizens into three parts; for the artisans, the husbandmen, and the soldiers are to compose one community, where the husbandmen are to have no arms, and the artisans neither arms nor land, which would in a manner render them slaves to the soldiery. It is also impossible that the whole community should partake of all the honourable employments in it—for the generals and the guardians of the state must necessarily be appointed out of the soldiery, and indeed the most honourable magistrates; but as the two other parts will not have their share in the government, how can they be expected to have any affection for it? But it is necessary that the soldiery should be superior to the other two parts, and this superiority will not be easily gained without they are very numerous; and if they are so, why should the community consist of any other members? why should any others have a right to elect the magistrates? Besides, of what use are the husbandmen to this community? Artisans, 'tis true, are necessary, for these every city wants, and they can live upon their business. If the husbandmen indeed furnished the soldiers with provisions, they would be properly part of the community; but these are supposed to have their private property, and to cultivate it for their own use. Moreover, if the soldiers themselves are to cultivate that common land which is appropriated for their support, there will be no distinction between the soldier and the husbandman, which the legislator intended there should be; and if there should be any others who are to cultivate the private property of the husbandman and the common lands of the military, there will be a fourth order in the state which will have no share in it, and always entertain hostile sentiments towards it. If any one should propose that the same persons should cultivate their own lands and the public ones also, then there would be a deficiency [1268b] of provisions to supply two families, as the lands would not immediately yield enough for themselves and the soldiers also; and all these things would occasion great confusion.
Nor do I approve of his method of determining causes, when he would have the judge split the case which comes simply before him; and thus, instead of being a judge, become an arbitrator. Now when any matter is brought to arbitration, it is customary for many persons to confer together upon the business that is before them; but when a cause is brought before judges it is not so; and many legislators take care that the judges shall not have it in their power to communicate their sentiments to each other. Besides, what can prevent confusion on the bench when one judge thinks a fine should be different from what another has set it at; one proposing twenty minae, another ten, or be it more or less, another four, and another five; and it is evident, that in this manner they will differ from each other, while some will give the whole damages sued for, and others nothing; in this situation, how shall their determinations be settled? Besides, a judge cannot be obliged to perjure himself who simply acquits or condemns, if the action is fairly and justly brought; for he who acquits the party does not say that he ought not to pay any fine at all, but that he ought not to pay a fine of twenty minae. But he that condemns him is guilty of perjury if he sentences him to pay twenty minae while he believes the damages ought not to be so much.
Now with respect to these honours which he proposes to bestow on those who can give any information useful to the community, this, though very pleasing in speculation, is what the legislator should not settle, for it would encourage informers, and probably occasion commotions in the state. And this proposal of his gives rise also to further conjectures and inquiries; for some persons have doubted whether it is useful or hurtful to alter the established law of any country, if even for the better; for which reason one cannot immediately determine upon what he here says, whether it is advantageous to alter the law or not. We know, indeed, that it is possible to propose to new model both the laws and government as a common good; and since we have mentioned this subject, it may be very proper to enter into a few particulars concerning it, for it contains some difficulties, as I have already said, and it may appear better to alter them, since it has been found useful in other sciences.
Thus the science of physic is extended beyond its ancient bounds; so is the gymnastic, and indeed all other arts and powers; so that one may lay it down for certain that the same thing will necessarily hold good in the art of government. And it may also be affirmed, that experience itself gives a proof of this; for the ancient laws are too simple and barbarous; which allowed the Greeks to wear swords in the city, and to buy their wives of each [1269a]. other. And indeed all the remains of old laws which we have are very simple; for instance, a law in Cuma relative to murder. If any person who prosecutes another for murder can produce a certain number of witnesses to it of his own relations, the accused person shall be held guilty. Upon the whole, all persons ought to endeavour to follow what is right, and not what is established; and it is probable that the first men, whether they sprung out of the earth, or were saved from some general calamity, had very little understanding or knowledge, as is affirmed of these aborigines; so that it would be absurd to continue in the practice of their rules. Nor is it, moreover, right to permit written laws always to remain without alteration; for as in all other sciences, so in politics, it is impossible to express everything in writing with perfect exactness; for when we commit anything to writing we must use general terms, but in every action there is something particular to itself, which these may not comprehend; from whence it is evident, that certain laws will at certain times admit of alterations. But if we consider this matter in another point of view, it will appear to require great caution; for when the advantage proposed is trifling, as the accustoming the people easily to abolish their laws is of bad consequence, it is evidently better to pass over some faults which either the legislator or the magistrates may have committed; for the alterations will not be of so much service as a habit of disobeying the magistrates will be of disservice. Besides, the instance brought from the arts is fallacious; for it is not the same thing to alter the one as the other. For a law derives all its strength from custom, and this requires long time to establish; so that, to make it an easy matter to pass from the established laws to other new ones, is to weaken the power of laws. Besides, here is another question; if the laws are to be altered, are they all to be altered, and in every government or not, and whether at the pleasure of one person or many? all which particulars will make a great difference; for which reason we will at present drop the inquiry, to pursue it at some other time.
CHAPTER IX
There are two considerations which offer themselves with respect to the government established at Lacedaemon and Crete, and indeed in almost all other states whatsoever; one is whether their laws do or do not promote the best establishment possible? the other is whether there is anything, if we consider either the principles upon which it is founded or the executive part of it, which prevents the form of government that they had proposed to follow from being observed; now it is allowed that in every well-regulated state the members of it should be free from servile labour; but in what manner this shall be effected is not so easy to determine; for the Penestse have very often attacked the Thessalians, and the Helots the Lacedaemonians, for they in a manner continually watch an opportunity for some misfortune befalling them. But no such thing has ever happened to the Cretans; the [1269b] reason for which probably is, that although they are engaged in frequent wars with the neighbouring cities, yet none of these would enter into an alliance with the revolters, as it would be disadvantageous for them, who themselves also have their villains. But now there is perpetual enmity between the Lacedaemonians and all their neighbours, the Argives, the Messenians, and the Arcadians. Their slaves also first revolted from the Thessalians while they were engaged in wars with their neighbours the Acheans, the Perrabeans, and the Magnesians. It seems to me indeed, if nothing else, yet something very troublesome to keep upon proper terms with them; for if you are remiss in your discipline they grow insolent, and think themselves upon an equality with their masters; and if they are hardly used they are continually plotting against you and hate you. It is evident, then, that those who employ slaves have not as yet hit upon the right way of managing them.
As to the indulging of women in any particular liberties, it is hurtful to the end of government and the prosperity of the city; for as a man and his wife are the two parts of a family, if we suppose a city to be divided into two parts, we must allow that the number of men and women will be equal.
In whatever city then the women are not under good regulations, we must look upon one half of it as not under the restraint of law, as it there happened; for the legislator, desiring to make his whole city a collection of warriors with respect to the men, he most evidently accomplished his design; but in the meantime the women were quite neglected, for they live without restraint in every improper indulgence and luxury. So that in such a state riches will necessarily be in general esteem, particularly if the men are governed by their wives, which has been the case with many a brave and warlike people except the Celts, and those other nations, if there are any such, who openly practise pederasty. And the first mythologists seem not improperly to have joined Mars and Venus together; for all nations of this character are greatly addicted either to the love of women or of boys, for which reason it was thus at Lacedaemon; and many things in their state were done by the authority of the women. For what is the difference, if the power is in the hands of the women, or in the hands of those whom they themselves govern? it must turn to the same account. As this boldness of the women can be of no use in any common occurrences, if it was ever so, it must be in war; but even here we find that the Lacedaemonian women were of the greatest disservice, as was proved at the time of the Theban invasion, when they were of no use at all, as they are in other cities, but made more disturbance than even the enemy.
The origin of this indulgence which the Lacedaemonian women enjoy is easily accounted for, from the long time the men were absent from home upon foreign expeditions [1270a] against the Argives, and afterwards the Arcadians and Messenians, so that, when these wars were at an end, their military life, in which there is no little virtue, prepared them to obey the precepts of their law-giver; but we are told, that when Lycurgus endeavoured also to reduce the women to an obedience to his laws, upon their refusal he declined it. It may indeed be said that the women were the causes of these things, and of course all the fault was theirs. But we are not now considering where the fault lies, or where it does not lie, but what is right and what is wrong; and when the manners of the women are not well regulated, as I have already said, it must not only occasion faults which are disgraceful to the state, but also increase the love of money. In the next place, fault may be found with his unequal division of property, for some will have far too much, others too little; by which means the land will come into few hands, which business is badly regulated by his laws. For he made it infamous for any one either to buy or sell their possessions, in which he did right; but he permitted any one that chose it to give them away, or bequeath them, although nearly the same consequences will arise from one practice as from the other. It is supposed that near two parts in five of the whole country is the property of women, owing to their being so often sole heirs, and having such large fortunes in marriage; though it would be better to allow them none, or a little, or a certain regulated proportion. Now every one is permitted to make a woman his heir if he pleases; and if he dies intestate, he who succeeds as heir at law gives it to whom he pleases. From whence it happens that although the country is able to support fifteen hundred horse and thirty thousand foot, the number does not amount to one thousand.
And from these facts it is evident, that this particular is badly regulated; for the city could not support one shock, but was ruined for want of men. They say, that during the reigns of their ancient kings they used to present foreigners with the freedom of their city, to prevent there being a want of men while they carried on long wars; it is also affirmed that the number of Spartans was formerly ten thousand; but be that as it will, an equality of property conduces much to increase the number of the people. The law, too, which he made to encourage population was by no means calculated to correct this inequality; for being willing that the Spartans should be as numerous as [1270b] possible, to make them desirous of having large families he ordered that he who had three children should be excused the night-watch, and that he who had four should pay no taxes: though it is very evident, that while the land was divided in this manner, that if the people increased there must many of them be very poor.
Nor was he less blamable for the manner in which he constituted the ephori; for these magistrates take cognisance of things of the last importance, and yet they are chosen out of the people in general; so that it often happens that a very poor person is elected to that office, who, from that circumstance, is easily bought. There have been many instances of this formerly, as well as in the late affair at Andros. And these men, being corrupted with money, went as far as they could to ruin the city: and, because their power was too great and nearly tyrannical, their kings were obliged to natter them, which contributed greatly to hurt the state; so that it altered from an aristocracy to a democracy. This magistracy is indeed the great support of the state; for the people are easy, knowing that they are eligible to the first office in it; so that, whether it took place by the intention of the legislator, or whether it happened by chance, this is of great service to their affairs; for it is necessary that every member of the state should endeavour that each part of the government should be preserved, and continue the same. And upon this principle their kings have always acted, out of regard to their honour; the wise and good from their attachment to the senate, a seat wherein they consider as the reward of virtue; and the common people, that they may support the ephori, of whom they consist. And it is proper that these magistrates should be chosen out of the whole community, not as the custom is at present, which is very ridiculous. The ephori are the supreme judges in causes of the last consequence; but as it is quite accidental what sort of persons they may be, it is not right that they should determine according to their own opinion, but by a written law or established custom. Their way of life also is not consistent with the manners of the city, for it is too 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.
CHAPTER X
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.
CHAPTER XI
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.
CHAPTER XII
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.
BOOK III
CHAPTER I
Every one who inquires into the nature of government, and what are its different forms, should make this almost his first question, What is a city? For upon this there is a dispute: for some persons say the city did this or that, while others say, not the city, but the oligarchy, or the tyranny. We see that the city is the only object which both the politician and legislator have in view in all they do: but government is a certain ordering of those who inhabit a city. As a city is a collective body, and, like other wholes, composed of many parts, it is evident our first inquiry must be, what a citizen is: for a city is a certain number of citizens. So that we must consider whom we ought to call citizen, and who is one; for this is often doubtful: for every one will not allow that this character is applicable to the same person; for that man who would be a citizen in a republic would very often not be one in an oligarchy. We do not include in this inquiry many of those who acquire this appellation out of the ordinary way, as honorary persons, for instance, but those only who have a natural right to it.
Now it is not residence which constitutes a man a citizen; for in this sojourners and slaves are upon an equality with him; nor will it be sufficient for this purpose, that you have the privilege of the laws, and may plead or be impleaded, for this all those of different nations, between whom there is a mutual agreement for that purpose, are allowed; although it very often happens, that sojourners have not a perfect right therein without the protection of a patron, to whom they are obliged to apply, which shows that their share in the community is incomplete. In like manner, with respect to boys who are not yet enrolled, or old men who are past war, we admit that they are in some respects citizens, but not completely so, but with some exceptions, for these are not yet arrived to years of maturity, and those are past service; nor is there any difference between them. But what we mean is sufficiently intelligible and clear, we want a complete citizen, one in whom there is no deficiency to be corrected to make him so. As to those who are banished, or infamous, there may be the same objections made and the same answer given. There is nothing that more characterises a complete citizen than having a share in the judicial and executive part of the government.
With respect to offices, some are fixed to a particular time, so that no person is, on any account, permitted to fill them twice; or else not till some certain period has intervened; others are not fixed, as a juryman's, and a member of the general assembly: but probably some one may say these are not offices, nor have the citizens in these capacities any share in the government; though surely it is ridiculous to say that those who have the principal power in the state bear no office in it. But this objection is of no weight, for it is only a dispute about words; as there is no general term which can be applied both to the office of a juryman and a member of the assembly. For the sake of distinction, suppose we call it an indeterminate office: but I lay it down as a maxim, that those are citizens who could exercise it. Such then is the description of a citizen who comes nearest to what all those who are called citizens are. Every one also should know, that of the component parts of those things which differ from each other in species, after the first or second remove, those which follow have either nothing at all or very little common to each.
Now we see that governments differ from each other in their form, and that some of them are defective, others [1275b] as excellent as possible: for it is evident, that those which have many deficiencies and degeneracies in them must be far inferior to those which are without such faults. What I mean by degeneracies will be hereafter explained. Hence it is clear that the office of a citizen must differ as governments do from each other: for which reason he who is called a citizen has, in a democracy, every privilege which that station supposes. In other forms of government he may enjoy them; but not necessarily: for in some states the people have no power; nor have they any general assembly, but a few select men.
The trial also of different causes is allotted to different persons; as at Lacedaemon all disputes concerning contracts are brought before some of the ephori: the senate are the judges in cases of murder, and so on; some being to be heard by one magistrate, others by another: and thus at Carthage certain magistrates determine all causes. But our former description of a citizen will admit of correction; for in some governments the office of a juryman and a member of the general assembly is not an indeterminate one; but there are particular persons appointed for these purposes, some or all of the citizens being appointed jurymen or members of the general assembly, and this either for all causes and all public business whatsoever, or else for some particular one: and this may be sufficient to show what a citizen is; for he who has a right to a share in the judicial and executive part of government in any city, him we call a citizen of that place; and a city, in one word, is a collective body of such persons sufficient in themselves to all the purposes of life.
CHAPTER II
In common use they define a citizen to be one who is sprung from citizens on both sides, not on the father's or the mother's only. Others carry the matter still further, and inquire how many of his ancestors have been citizens, as his grandfather, great-grandfather, etc., but some persons have questioned how the first of the family could prove themselves citizens, according to this popular and careless definition. Gorgias of Leontium, partly entertaining the same doubt, and partly in jest, says, that as a mortar is made by a mortar-maker, so a citizen is made by a citizen-maker, and a Larisssean by a Larisssean-maker. This is indeed a very simple account of the matter; for if citizens are so, according to this definition, it will be impossible to apply it to the first founders or first inhabitants of states, who cannot possibly claim in right either of their father or mother. It is probably a matter of still more difficulty to determine their rights as citizens who are admitted to their freedom after any revolution in the state. As, for instance, at Athens, after the expulsion of the tyrants, when Clisthenes enrolled many foreigners and city-slaves amongst the tribes; and the doubt with respect to them was, not whether they were citizens or no, but whether they were legally so or not. Though indeed some persons may have this further [1276a] doubt, whether a citizen can be a citizen when he is illegally made; as if an illegal citizen, and one who is no citizen at all, were in the same predicament: but since we see some persons govern unjustly, whom yet we admit to govern, though not justly, and the definition of a citizen is one who exercises certain offices, for such a one we have defined a citizen to be, it is evident, that a citizen illegally created yet continues to be a citizen, but whether justly or unjustly so belongs to the former inquiry.
CHAPTER III
It has also been doubted what was and what was not the act of the city; as, for instance, when a democracy arises out of an aristocracy or a tyranny; for some persons then refuse to fulfil their contracts; as if the right to receive the money was in the tyrant and not in the state, and many other things of the same nature; as if any covenant was founded for violence and not for the common good. So in like manner, if anything is done by those who have the management of public affairs where a democracy is established, their actions are to be considered as the actions of the state, as well as in the oligarchy or tyranny.
And here it seems very proper to consider this question, When shall we say that a city is the same, and when shall we say that it is different?
It is but a superficial mode of examining into this question to begin with the place and the people; for it may happen that these may be divided from that, or that some one of them may live in one place, and some in another (but this question may be regarded as no very knotty one; for, as a city may acquire that appellation on many accounts, it may be solved many ways); and in like manner, when men inhabit one common place, when shall we say that they inhabit the same city, or that the city is the same? for it does not depend upon the walls; for I can suppose Peloponnesus itself surrounded with a wall, as Babylon was, and every other place, which rather encircles many nations than one city, and that they say was taken three days when some of the inhabitants knew nothing of it: but we shall find a proper time to determine this question; for the extent of a city, how large it should be, and whether it should consist of more than one people, these are particulars that the politician should by no means be unacquainted with. This, too, is a matter of inquiry, whether we shall say that a city is the same while it is inhabited by the same race of men, though some of them are perpetually dying, others coming into the world, as we say that a river or a fountain is the same, though the waters are continually changing; or when a revolution takes place shall we [1276b] say the men are the same, but the city is different: for if a city is a community, it is a community of citizens; but if the mode of government should alter, and become of another sort, it would seem a necessary consequence that the city is not the same; as we regard the tragic chorus as different from the comic, though it may probably consist of the same performers: thus every other community or composition is said to be different if the species of composition is different; as in music the same hands produce different harmony, as the Doric and Phrygian. If this is true, it is evident, that when we speak of a city as being the same we refer to the government there established; and this, whether it is called by the same name or any other, or inhabited by the same men or different. But whether or no it is right to dissolve the community when the constitution is altered is another question.
CHAPTER IV
What has been said, it follows that we should consider whether the same virtues which constitute a good man make a valuable citizen, or different; and if a particular inquiry is necessary for this matter we must first give a general description of the virtues of a good citizen; for as a sailor is one of those who make up a community, so is a citizen, although the province of one sailor may be different from another's (for one is a rower, another a steersman, a third a boatswain, and so on, each having their several appointments), it is evident that the most accurate description of any one good sailor must refer to his peculiar abilities, yet there are some things in which the same description may be applied to the whole crew, as the safety of the ship is the common business of all of them, for this is the general centre of all their cares: so also with respect to citizens, although they may in a few particulars be very different, yet there is one care common to them all, the safety of the community, for the community of the citizens composes the state; for which reason the virtue of a citizen has necessarily a reference to the state. But if there are different sorts of governments, it is evident that those actions which constitute the virtue of an excellent citizen in one community will not constitute it in another; wherefore the virtue of such a one cannot be perfect: but we say, a man is good when his virtues are perfect; from whence it follows, that an excellent citizen does not possess that virtue which constitutes a good man. Those who are any ways doubtful concerning this question may be convinced of the truth of it by examining into the best formed states: for, if it is impossible that a city should consist entirely of excellent citizens (while it is necessary that every one should do well in his calling, in which consists his excellence, as it is impossible that all the citizens should have the same [1277a] qualifications) it is impossible that the virtue of a citizen and a good man should be the same; for all should possess the virtue of an excellent citizen: for from hence necessarily arise the perfection of the city: but that every one should possess the virtue of a good man is impossible without all the citizens in a well-regulated state were necessarily virtuous. Besides, as a city is composed of dissimilar parts, as an animal is of life and body; the soul of reason and appetite; a family of a man and his wife—property of a master and a slave; in the same manner, as a city is composed of all these and many other very different parts, it necessarily follows that the virtue of all the citizens cannot be the same; as the business of him who leads the band is different from the other dancers. From all which proofs it is evident that the virtues of a citizen cannot be one and the same. But do we never find those virtues united which constitute a good man and excellent citizen? for we say, such a one is an excellent magistrate and a prudent and good man; but prudence is a necessary qualification for all those who engage in public affairs. Nay, some persons affirm that the education of those who are intended to command should, from the beginning, be different from other citizens, as the children of kings are generally instructed in riding and warlike exercises; and thus Euripides says:
"... No showy arts Be mine, but teach me what the state requires."
As if those who are to rule were to have an education peculiar to themselves. But if we allow, that the virtues of a good man and a good magistrate may be the same, and a citizen is one who obeys the magistrate, it follows that the virtue of the one cannot in general be the same as the virtue of the other, although it may be true of some particular citizen; for the virtue of the magistrate must be different from the virtue of the citizen. For which reason Jason declared that was he deprived of his kingdom he should pine away with regret, as not knowing how to live a private man. But it is a great recommendation to know how to command as well as to obey; and to do both these things well is the virtue of an accomplished citizen. If then the virtue of a good man consists only in being able to command, but the virtue of a good citizen renders him equally fit for the one as well as the other, the commendation of both of them is not the same. It appears, then, that both he who commands and he who obeys should each of them learn their separate business: but that the citizen should be master of and take part in both these, as any one may easily perceive; in a family government there is no occasion for the master to know how to perform the necessary offices, but rather to enjoy the labour of others; for to do the other is a servile part. I mean by the other, the common family business of the slave.
There are many sorts of slaves; for their employments are various: of these the handicraftsmen are one, who, as their name imports, get their living by the labour of their hands, and amongst these all mechanics are included; [1277b] for which reasons such workmen, in some states, were not formerly admitted into any share in the government; till at length democracies were established: it is not therefore proper for any man of honour, or any citizen, or any one who engages in public affairs, to learn these servile employments without they have occasion for them for their own use; for without this was observed the distinction between a master and a slave would be lost. But there is a government of another sort, in which men govern those who are their equals in rank, and freemen, which we call a political government, in which men learn to command by first submitting to obey, as a good general of horse, or a commander-in-chief, must acquire a knowledge of their duty by having been long under the command of another, and the like in every appointment in the army: for well is it said, no one knows how to command who has not himself been under command of another. The virtues of those are indeed different, but a good citizen must necessarily be endowed with them; he ought also to know in what manner freemen ought to govern, as well as be governed: and this, too, is the duty of a good man. And if the temperance and justice of him who commands is different from his who, though a freeman, is under command, it is evident that the virtues of a good citizen cannot be the same as justice, for instance but must be of a different species in these two different situations, as the temperance and courage of a man and a woman are different from each other; for a man would appear a coward who had only that courage which would be graceful in a woman, and a woman would be thought a talker who should take as large a part in the conversation as would become a man of consequence.
The domestic employments of each of them are also different; it is the man's business to acquire subsistence, the woman's to take care of it. But direction and knowledge of public affairs is a virtue peculiar to those who govern, while all others seem to be equally requisite for both parties; but with this the governed have no concern, it is theirs to entertain just notions: they indeed are like flute-makers, while those who govern are the musicians who play on them. And thus much to show whether the virtue of a good man and an excellent citizen is the same, or if it is different, and also how far it is the same, and how far different.
CHAPTER V
But with respect to citizens there is a doubt remaining, whether those only are truly so who are allowed to share in the government, or whether the mechanics also are to be considered as such? for if those who are not permitted to rule are to be reckoned among them, it is impossible that the virtue of all the citizens should be the same, for these also are citizens; and if none of them are admitted to be citizens, where shall they be ranked? for they are neither [1278a] sojourners nor foreigners? or shall we say that there will no inconvenience arise from their not being citizens, as they are neither slaves nor freedmen: for this is certainly true, that all those are not citizens who are necessary to the existence of a city, as boys are not citizens in the same manner that men are, for those are perfectly so, the others under some conditions; for they are citizens, though imperfect ones: for in former times among some people the mechanics were either slaves or foreigners, for which reason many of them are so now: and indeed the best regulated states will not permit a mechanic to be a citizen; but if it be allowed them, we cannot then attribute the virtue we have described to every citizen or freeman, but to those only who are disengaged from servile offices. Now those who are employed by one person in them are slaves; those who do them for money are mechanics and hired servants: hence it is evident on the least reflection what is their situation, for what I have said is fully explained by appearances. Since the number of communities is very great, it follows necessarily that there will be many different sorts of citizens, particularly of those who are governed by others, so that in one state it may be necessary to admit mechanics and hired servants to be citizens, but in others it may be impossible; as particularly in an aristocracy, where honours are bestowed on virtue and dignity: for it is impossible for one who lives the life of a mechanic or hired servant to acquire the practice of virtue. In an oligarchy also hired servants are not admitted to be citizens; because there a man's right to bear any office is regulated by his fortune; but mechanics are, for many citizens are very rich.
There was a law at Thebes that no one could have a share in the government till he had been ten years out of trade. In many states the law invites strangers to accept the freedom of the city; and in some democracies the son of a free-woman is himself free. The same is also observed in many others with respect to natural children; but it is through want of citizens regularly born that they admit such: for these laws are always made in consequence of a scarcity of inhabitants; so, as their numbers increase, they first deprive the children of a male or female slave of this privilege, next the child of a free-woman, and last of all they will admit none but those whose fathers and mothers were both free.
That there are many sorts of citizens, and that he may be said to be as completely who shares the honours of the state, is evident from what has been already said. Thus Achilles, in Homer, complains of Agamemnon's treating him like an unhonoured stranger; for a stranger or sojourner is one who does not partake of the honours of the state: and whenever the right to the freedom of the city is kept obscure, it is for the sake of the inhabitants. [1278b] From what has been said it is plain whether the virtue of a good man and an excellent citizen is the same or different: and we find that in some states it is the same, in others not; and also that this is not true of each citizen, but of those only who take the lead, or are capable of taking the lead, in public affairs, either alone or in conjunction with others.
CHAPTER VI
Having established these points, we proceed next to consider whether one form of government only should be established, or more than one; and if more, how many, and of what sort, and what are the differences between them. The form of government is the ordering and regulating of the city, and all the offices in it, particularly those wherein the supreme power is lodged; and this power is always possessed by the administration; but the administration itself is that particular form of government which is established in any state: thus in a democracy the supreme power is lodged in the whole people; on the contrary, in an oligarchy it is in the hands of a few. We say then, that the form of government in these states is different, and we shall find the same thing hold good in others. Let us first determine for whose sake a city is established; and point out the different species of rule which man may submit to in social life.
I have already mentioned in my treatise on the management of a family, and the power of the master, that man is an animal naturally formed for society, and that therefore, when he does not want any foreign assistance, he will of his own accord desire to live with others; not but that mutual advantage induces them to it, as far as it enables each person to live more agreeably; and this is indeed the great object not only to all in general, but also to each individual: but it is not merely matter of choice, but they join in society also, even that they may be able to live, which probably is not without some share of merit, and they also support civil society, even for the sake of preserving life, without they are grievously overwhelmed with the miseries of it: for it is very evident that men will endure many calamities for the sake of living, as being something naturally sweet and desirable. It is easy to point out the different modes of government, and we have already settled them in our exoteric discourses. The power of the master, though by nature equally serviceable, both to the master and to the slave, yet nevertheless has for its object the benefit of the master, while the benefit of the slave arises accidentally; for if the slave is destroyed, the power of the master is at an end: but the authority which a man has over his wife, and children, and his family, which we call domestic government, is either for the benefit of those who are under subjection, or else for the common benefit of the whole: but its particular object is the benefit of the governed, as we see in other arts; in physic, for instance, and the gymnastic exercises, wherein, if any benefit [1279a] arise to the master, it is accidental; for nothing forbids the master of the exercises from sometimes being himself one of those who exercises, as the steersman is always one of the sailors; but both the master of the exercises and the steersman consider the good of those who are under their government. Whatever good may happen to the steersman when he is a sailor, or to the master of the exercises when he himself makes one at the games, is not intentional, or the object of their power; thus in all political governments which are established to preserve and defend the equality of the citizens it is held right to rule by turns. Formerly, as was natural, every one expected that each of his fellow-citizens should in his turn serve the public, and thus administer to his private good, as he himself when in office had done for others; but now every one is desirous of being continually in power, that he may enjoy the advantage which he makes of public business and being in office; as if places were a never-failing remedy for every complaint, and were on that account so eagerly sought after.
It is evident, then, that all those governments which have a common good in view are rightly established and strictly just, but those who have in view only the good of the rulers are all founded on wrong principles, and are widely different from what a government ought to be, for they are tyranny over slaves, whereas a city is a community of freemen.
CHAPTER VII
Having established these particulars, we come to consider next the different number of governments which there are, and what they are; and first, what are their excellencies: for when we have determined this, their defects will be evident enough.
It is evident that every form of government or administration, for the words are of the same import, must contain a supreme power over the whole state, and this supreme power must necessarily be in the hands of one person, or a few, or many; and when either of these apply their power for the common good, such states are well governed; but when the interest of the one, the few, or the many who enjoy this power is alone consulted, then ill; for you must either affirm that those who make up the community are not citizens, or else let these share in the advantages of government. We usually call a state which is governed by one person for the common good, a kingdom; one that is governed by more than one, but by a few only, an aristocracy; either because the government is in the hands of the most worthy citizens, or because it is the best form for the city and its inhabitants. When the citizens at large govern for the public good, it is called a state; which is also a common name for all other governments, and these distinctions are consonant to reason; for it will not be difficult to find one person, or a very few, of very distinguished abilities, but almost impossible to meet with the majority [1279b] of a people eminent for every virtue; but if there is one common to a whole nation it is valour; for this is created and supported by numbers: for which reason in such a state the profession of arms will always have the greatest share in the government.
Now the corruptions attending each of these governments are these; a kingdom may degenerate into a tyranny, an aristocracy into an oligarchy, and a state into a democracy. Now a tyranny is a monarchy where the good of one man only is the object of government, an oligarchy considers only the rich, and a democracy only the poor; but neither of them have a common good in view.
CHAPTER VIII
It will be necessary to enlarge a little more upon the nature of each of these states, which is not without some difficulty, for he who would enter into a philosophical inquiry into the principles of them, and not content himself with a superficial view of their outward conduct, must pass over and omit nothing, but explain the true spirit of each of them. A tyranny then is, as has been said, a monarchy, where one person has an absolute and despotic power over the whole community and every member therein: an oligarchy, where the supreme power of the state is lodged with the rich: a democracy, on the contrary, is where those have it who are worth little or nothing. But the first difficulty that arises from the distinctions which we have laid down is this, should it happen that the majority of the inhabitants who possess the power of the state (for this is a democracy) should be rich, the question is, how does this agree with what we have said? The same difficulty occurs, should it ever happen that the poor compose a smaller part of the people than the rich, but from their superior abilities acquire the supreme power; for this is what they call an oligarchy; it should seem then that our definition of the different states was not correct: nay, moreover, could any one suppose that the majority of the people were poor, and the minority rich, and then describe the state in this manner, that an oligarchy was a government in which the rich, being few in number, possessed the supreme power, and that a democracy was a state in which the poor, being many in number, possessed it, still there will be another difficulty; for what name shall we give to those states we have been describing? I mean, that in which the greater number are rich, and that in which the lesser number are poor (where each of these possess the supreme power), if there are no other states than those we have described. It seems therefore evident to reason, that whether the supreme power is vested in the hands of many or few may be a matter of accident; but that it is clear enough, that when it is in the hands of the few, it will be a government of the rich; when in the hands of the many, it will be a government of the poor; since in all countries there are many poor and few rich: it is not therefore the cause that has been already assigned (namely, the number of people in power) that makes the difference between the two governments; but an oligarchy and democracy differ in this from each other, in the poverty of those who govern in the one, and the riches I28oa of those who govern in the other; for when the government is in the hands of the rich, be they few or be they more, it is an oligarchy; when it is in the hands of the poor, it is a democracy: but, as we have already said, the one will be always few, the other numerous, but both will enjoy liberty; and from the claims of wealth and liberty will arise continual disputes with each other for the lead in public affairs.
CHAPTER IX
Let us first determine what are the proper limits of an oligarchy and a democracy, and what is just in each of these states; for all men have some natural inclination to justice; but they proceed therein only to a certain degree; nor can they universally point out what is absolutely just; as, for instance, what is equal appears just, and is so; but not to all; only among those who are equals: and what is unequal appears just, and is so; but not to all, only amongst those who are unequals; which circumstance some people neglect, and therefore judge ill; the reason for which is, they judge for themselves, and every one almost is the worst judge in his own cause. Since then justice has reference to persons, the same distinctions must be made with respect to persons which are made with respect to things, in the manner that I have already described in my Ethics.
As to the equality of the things, these they agree in; but their dispute is concerning the equality of the persons, and chiefly for the reason above assigned; because they judge ill in their own cause; and also because each party thinks, that if they admit what is right in some particulars, they have done justice on the whole: thus, for instance, if some persons are unequal in riches, they suppose them unequal in the whole; or, on the contrary, if they are equal in liberty, they suppose them equal in the whole: but what is absolutely just they omit; for if civil society was founded for the sake of preserving and increasing property, every one's right in the city would be equal to his fortune; and then the reasoning of those who insist upon an oligarchy would be valid; for it would not be right that he who contributed one mina should have an equal share in the hundred along with him who brought in all the rest, either of the original money or what was afterwards acquired.
Nor was civil society founded merely to preserve the lives of its members; but that they might live well: for otherwise a state might be composed of slaves, or the animal creation: but this is not so; for these have no share in the happiness of it; nor do they live after their own choice; nor is it an alliance mutually to defend each other from injuries, or for a commercial intercourse: for then the Tyrrhenians and Carthaginians, and all other nations between whom treaties of commerce subsist, would be citizens of one city; for they have articles to regulate their exports and imports, and engagements for mutual protection, and alliances for mutual defence; but [1280b] yet they have not all the same magistrates established among them, but they are different among the different people; nor does the one take any care, that the morals of the other should be as they ought, or that none of those who have entered into the common agreements should be unjust, or in any degree vicious, only that they do not injure any member of the confederacy. But whosoever endeavours to establish wholesome laws in a state, attends to the virtues and the vices of each individual who composes it; from whence it is evident, that the first care of him who would found a city, truly deserving that name, and not nominally so, must be to have his citizens virtuous; for otherwise it is merely an alliance for self-defence; differing from those of the same cast which are made between different people only in place: for law is an agreement and a pledge, as the sophist Lycophron says, between the citizens of their intending to do justice to each other, though not sufficient to make all the citizens just and good: and that this is faact is evident, for could any one bring different places together, as, for instance, enclose Megara and Corinth in a wall, yet they would not be one city, not even if the inhabitants intermarried with each other, though this inter-community contributes much to make a place one city. Besides, could we suppose a set of people to live separate from each other, but within such a distance as would admit of an intercourse, and that there were laws subsisting between each party, to prevent their injuring one another in their mutual dealings, supposing one a carpenter, another a husbandman, shoemaker, and the like, and that their numbers were ten thousand, still all that they would have together in common would be a tariff for trade, or an alliance for mutual defence, but not the same city. And why? not because their mutual intercourse is not near enough, for even if persons so situated should come to one place, and every one should live in his own house as in his native city, and there should be alliances subsisting between each party to mutually assist and prevent any injury being done to the other, still they would not be admitted to be a city by those who think correctly, if they preserved the same customs when they were together as when they were separate.
It is evident, then, that a city is not a community of place; nor established for the sake of mutual safety or traffic with each other; but that these things are the necessary consequences of a city, although they may all exist where there is no city: but a city is a society of people joining together with their families and their children to live agreeably for the sake of having their lives as happy and as independent as possible: and for this purpose it is necessary that they should live in one place and intermarry with each other: hence in all cities there are family-meetings, clubs, sacrifices, and public entertainments to promote friendship; for a love of sociability is friendship itself; so that the end then for which a city is established is, that the inhabitants of it may live happy, and these things are conducive to that end: for it is a community of families and villages for the sake of a perfect independent life; that is, as we have already said, for the sake of living well and happily. It is not therefore founded for the purpose of men's merely [1281a] living together, but for their living as men ought; for which reason those who contribute most to this end deserve to have greater power in the city than those who are their equals in family and freedom, but their inferiors in civil virtue, or those who excel them in wealth but are below them in worth. It is evident from what has been said, that in all disputes upon government each party says something that is just.
CHAPTER X
It may also be a doubt where the supreme power ought to be lodged. Shall it be with the majority, or the wealthy, with a number of proper persons, or one better than the rest, or with a tyrant? But whichever of these we prefer some difficulty will arise. For what? shall the poor have it because they are the majority? they may then divide among themselves, what belongs to the rich: nor is this unjust; because truly it has been so judged by the supreme power. But what avails it to point out what is the height of injustice if this is not? Again, if the many seize into their own hands everything which belongs to the few, it is evident that the city will be at an end. But virtue will never destroy what is virtuous; nor can what is right be the ruin of the state: therefore such a law can never be right, nor can the acts of a tyrant ever be wrong, for of necessity they must all be just; for he, from his unlimited power, compels every one to obey his command, as the multitude oppress the rich. Is it right then that the rich, the few, should have the supreme power? and what if they be guilty of the same rapine and plunder the possessions of the majority, that will be as right as the other: but that all things of this sort are wrong and unjust is evident. Well then, these of the better sort shall have it: but must not then all the other citizens live unhonoured, without sharing the offices of the city; for the offices of a city are its honours, and if one set of men are always in power, it is evident that the rest must be without honour. Well then, let it be with one person of all others the fittest for it: but by this means the power will be still more contracted, and a greater number than before continue unhonoured. But some one may say, that it is wrong to let man have the supreme power and not the law, as his soul is subject to so many passions. But if this law appoints an aristocracy, or a democracy, how will it help us in our present doubts? for those things will happen which we have already mentioned.
CHAPTER XI
Other particulars we will consider separately; but it seems proper to prove, that the supreme power ought to be lodged with the many, rather than with those of the better sort, who are few; and also to explain what doubts (and probably just ones) may arise: now, though not one individual of the many may himself be fit for the supreme power, yet when these many are joined together, it does not follow but they may be better qualified for it than those; and this not separately, but as a collective body; as the public suppers exceed those which are given at one person's private expense: for, as they are many, each person brings in his share of virtue and wisdom; and thus, coming together, they are like one man made up of a multitude, with many feet, many hands, and many intelligences: thus is it with respect to the manners and understandings of the multitude taken together; for which reason the public are the best judges of music and poetry; for some understand one part, some another, and all collectively the whole; and in this particular men of consequence differ from each of the many; as they say those who are beautiful do from those who are not so, and as fine pictures excel any natural objects, by collecting the several beautiful parts which were dispersed among different originals into one, although the separate parts, as the eye or any other, might be handsomer than in the picture.
But if this distinction is to be made between every people and every general assembly, and some few men of consequence, it may be doubtful whether it is true; nay, it is clear enough that, with respect to a few, it is not; since the same conclusion might be applied even to brutes: and indeed wherein do some men differ from brutes? Not but that nothing prevents what I have said being true of the people in some states. The doubt then which we have lately proposed, with all its consequences, may be settled in this manner; it is necessary that the freemen who compose the bulk of the people should have absolute power in some things; but as they are neither men of property, nor act uniformly upon principles of virtue, it is not safe to trust them with the first offices in the state, both on account of their iniquity and their ignorance; from the one of which they will do what is wrong, from the other they will mistake: and yet it is dangerous to allow them no power or share in the government; for when there are many poor people who are incapable of acquiring the honours of their country, the state must necessarily have many enemies in it; let them then be permitted to vote in the public assemblies and to determine causes; for which reason Socrates, and some other legislators, gave them the power of electing the officers of the state, and also of inquiring into their conduct when they came out of office, and only prevented their being magistrates by themselves; for the multitude when they are collected together have all of them sufficient understanding for these purposes, and, mixing among those of higher rank, are serviceable to the city, as some things, which alone are improper for food, when mixed with others make the whole more wholesome than a few of them would be.
But there is a difficulty attending this form of government, for it seems, that the person who himself was capable of curing any one who was then sick, must be the best judge whom to employ as a physician; but such a one must be himself a physician; and the same holds true in every other practice and art: and as a physician ought [1282a] to give an account of his practice to a physician, so ought it to be in other arts: those whose business is physic may be divided into three sorts, the first of these is he who makes up the medicines; the second prescribes, and is to the other as the architect is to the mason; the third is he who understands the science, but never practises it: now these three distinctions may be found in those who understand all other arts; nor have we less opinion of their judgment who are only instructed in the principles of the art than of those who practise it: and with respect to elections the same method of proceeding seems right; for to elect a proper person in any science is the business of those who are skilful therein; as in geometry, of geometricians; in steering, of steersmen: but if some individuals should know something of particular arts and works, they do not know more than the professors of them: so that even upon this principle neither the election of magistrates, nor the censure of their conduct, should be entrusted to the many.
But probably all that has been here said may not be right; for, to resume the argument I lately used, if the people are not very brutal indeed, although we allow that each individual knows less of these affairs than those who have given particular attention to them, yet when they come together they will know them better, or at least not worse; besides, in some particular arts it is not the workman only who is the best judge; namely, in those the works of which are understood by those who do not profess them: thus he who builds a house is not the only judge of it, for the master of the family who inhabits it is a better; thus also a steersman is a better judge of a tiller than he who made it; and he who gives an entertainment than the cook. What has been said seems a sufficient solution of this difficulty; but there is another that follows: for it seems absurd that the power of the state should be lodged with those who are but of indifferent morals, instead of those who are of excellent characters. Now the power of election and censure are of the utmost consequence, and this, as has been said, in some states they entrust to the people; for the general assembly is the supreme court of all, and they have a voice in this, and deliberate in all public affairs, and try all causes, without any objection to the meanness of their circumstances, and at any age: but their treasurers, generals, and other great officers of state are taken from men of great fortune and worth. This difficulty also may be solved upon the same principle; and here too they may be right, for the power is not in the man who is member of the assembly, or council, but the assembly itself, and the council, and the people, of which each individual of the whole community are the parts, I mean as senator, adviser, or judge; for which reason it is very right, that the many should have the greatest powers in their own hands; for the people, the council, and the judges are composed of them, and the property of all these collectively is more than the property of any person or a few who fill the great offices of the state: and thus I determine these points.
The first question that we stated shows plainly, that the supreme power should be lodged in laws duly made and that the magistrate or magistrates, either one or more, should be authorised to determine those cases which the laws cannot particularly speak to, as it is impossible for them, in general language, to explain themselves upon everything that may arise: but what these laws are which are established upon the best foundations has not been yet explained, but still remains a matter of some question: but the laws of every state will necessarily be like every state, either trifling or excellent, just or unjust; for it is evident, that the laws must be framed correspondent to the constitution of the government; and, if so, it is plain, that a well-formed government will have good laws, a bad one, bad ones.
CHAPTER XII
Since in every art and science the end aimed at is always good, so particularly in this, which is the most excellent of all, the founding of civil society, the good wherein aimed at is justice; for it is this which is for the benefit of all. Now, it is the common opinion, that justice is a certain equality; and in this point all the philosophers are agreed when they treat of morals: for they say what is just, and to whom; and that equals ought to receive equal: but we should know how we are to determine what things are equal and what unequal; and in this there is some difficulty, which calls for the philosophy of the politician. Some persons will probably say, that the employments of the state ought to be given according to every particular excellence of each citizen, if there is no other difference between them and the rest of the community, but they are in every respect else alike: for justice attributes different things to persons differing from each other in their character, according to their respective merits. But if this is admitted to be true, complexion, or height, or any such advantage will be a claim for a greater share of the public rights. But that this is evidently absurd is clear from other arts and sciences; for with respect to musicians who play on the flute together, the best flute is not given to him who is of the best family, for he will play never the better for that, but the best instrument ought to be given to him who is the best artist.
If what is now said does not make this clear, we will explain it still further: if there should be any one, a very excellent player on the flute, but very deficient in family and beauty, though each of them are more valuable endowments than a skill in music, and excel this art in a higher degree than that player excels others, yet the best flutes ought to be given to him; for the superiority [1283a] in beauty and fortune should have a reference to the business in hand; but these have none. Moreover, according to this reasoning, every possible excellence might come in comparison with every other; for if bodily strength might dispute the point with riches or liberty, even any bodily strength might do it; so that if one person excelled in size more than another did in virtue, and his size was to qualify him to take place of the other's virtue, everything must then admit of a comparison with each other; for if such a size is greater than virtue by so much, it is evident another must be equal to it: but, since this is impossible, it is plain that it would be contrary to common sense to dispute a right to any office in the state from every superiority whatsoever: for if one person is slow and the other swift, neither is the one better qualified nor the other worse on that account, though in the gymnastic races a difference in these particulars would gain the prize; but a pretension to the offices of the state should be founded on a superiority in those qualifications which are useful to it: for which reason those of family, independency, and fortune, with great propriety, contend with each other for them; for these are the fit persons to fill them: for a city can no more consist of all poor men than it can of all slaves But if such persons are requisite, it is evident that those also who are just and valiant are equally so; for without justice and valour no state can be supported, the former being necessary for its existence, the latter for its happiness.
CHAPTER XIII
It seems, then, requisite for the establishment of a state, that all, or at least many of these particulars should be well canvassed and inquired into; and that virtue and education may most justly claim the right of being considered as the necessary means of making the citizens happy, as we have already said. As those who are equal in one particular are not therefore equal in all, and those who are unequal in one particular are not therefore unequal in all, it follows that all those governments which are established upon a principle which supposes they are, are erroneous.
We have already said, that all the members of the community will dispute with each other for the offices of the state; and in some particulars justly, but not so in general; the rich, for instance, because they have the greatest landed property, and the ultimate right to the soil is vested in the community; and also because their fidelity is in general most to be depended on. The freemen and men of family will dispute the point with each other, as nearly on an equality; for these latter have a right to a higher regard as citizens than obscure persons, for honourable descent is everywhere of great esteem: nor is it an improper conclusion, that the descendants of men of worth will be men of worth themselves; for noble birth is the fountain of virtue to men of family: for the same reason also we justly say, that virtue has a right to put in her pretensions. Justice, for instance, is a virtue, and so necessary to society, that all others must yield her the precedence.
Let us now see what the many have to urge on their side against the few; and they may say, that if, when collectively taken, they are compared with them, they are stronger, richer, and better than they are. But should it ever happen that all these should inhabit the [1283b] same city, I mean the good, the rich, the noble, as well as the many, such as usually make up the community, I ask, will there then be any reason to dispute concerning who shall govern, or will there not? for in every community which we have mentioned there is no dispute where the supreme power should be placed; for as these differ from each other, so do those in whom that is placed; for in one state the rich enjoy it, in others the meritorious, and thus each according to their separate manners. Let us however consider what is to be done when all these happen at the same time to inhabit the same city. If the virtuous should be very few in number, how then shall we act? shall we prefer the virtuous on account of their abilities, if they are capable of governing the city? or should they be so many as almost entirely to compose the state?
There is also a doubt concerning the pretensions of all those who claim the honours of government: for those who found them either on fortune or family have nothing which they can justly say in their defence; since it is evident upon their principle, that if any one person can be found richer than all the rest, the right of governing all these will be justly vested in this one person. In the same manner, one man who is of the best family will claim it from those who dispute the point upon family merit: and probably in an aristocracy the same dispute might arise on the score of virtue, if there is one man better than all the other men of worth who are in the same community; it seems just, by the same reasoning, that he should enjoy the supreme power. And upon this principle also, while the many suppose they ought to have the supreme command, as being more powerful than the few, if one or more than one, though a small number should be found stronger than themselves, these ought rather to have it than they.
All these things seem to make it plain, that none of these principles are justly founded on which these persons would establish their right to the supreme power; and that all men whatsoever ought to obey them: for with respect to those who claim it as due to their virtue or their fortune, they might have justly some objection to make; for nothing hinders but that it may sometimes happen, that the many may be better or richer than the few, not as individuals, but in their collective capacity.
As to the doubt which some persons have proposed and objected, we may answer it in this manner; it is this, whether a legislator, who would establish the most perfect system of laws, should calculate them for the use of the better part of the citizens, or the many, in the circumstances we have already mentioned? The rectitude of anything consists in its equality; that therefore which is equally right will be advantageous to the whole state, and to every member of it in common.
Now, in general, a citizen is one who both shares in the government and also in his turn submits to be governed; [1284a] their condition, it is true, is different in different states: the best is that in which a man is enabled to choose and to persevere in a course of virtue during his whole life, both in his public and private state. But should there be one person, or a very few, eminent for an uncommon degree of virtue, though not enough to make up a civil state, so that the virtue of the many, or their political abilities, should be too inferior to come in comparison with theirs, if more than one; or if but one, with his only; such are not to be considered as part of the city; for it would be doing them injustice to rate them on a level with those who are so far their inferiors in virtue and political abilities, that they appear to them like a god amongst men. From whence it is evident, that a system of laws must be calculated for those who are equal to each other in nature and power. Such men, therefore, are not the object of law; for they are themselves a law: and it would be ridiculous in any one to endeavour to include them in the penalties of a law: for probably they might say what Antisthenes tells us the lions did to the hares when they demanded to be admitted to an equal share with them in the government. And it is on this account that democratic states have established the ostracism; for an equality seems the principal object of their government. For which reason they compel all those who are very eminent for their power, their fortune, their friendships, or any other cause which may give them too great weight in the government, to submit to the ostracism, and leave the city for a stated time; as the fabulous histories relate the Argonauts served Hercules, for they refused to take him with them in the ship Argo on account of his superior valour. For which reason those who hate a tyranny and find fault with the advice which Periander gave to Thrasybulus, must not think there was nothing to be said in its defence; for the story goes, that Periander said nothing to the messenger in answer to the business he was consulted about, but striking off those ears of corn which were higher than the rest, reduced the whole crop to a level; so that the messenger, without knowing the cause of what was done, related the fact to Thrasybulus, who understood by it that he must take off all the principal men in the city. Nor is this serviceable to tyrants only; nor is it tyrants only who do it; for the same thing is practised both in oligarchies and democracies: for the ostracism has in a manner nearly the same power, by restraining and banishing those who are too great; and what is done in one city is done also by those who have the supreme power in separate states; as the Athenians with respect to the Samians, the Chians, and the Lesbians; for when they suddenly acquired the superiority over all Greece, they brought the other states into subjection, contrary to the treaties which subsisted between them. The King of Persia also very often reduces the Medes and Babylonians when they assume upon their former power: [1284b] and this is a principle which all governments whatsoever keep in their eye; even those which are best administered, as well as those which are not, do it; these for the sake of private utility, the others for the public good.
The same thing is to be perceived in the other arts and sciences; for a painter would not represent an animal with a foot disproportionally large, though he had drawn it remarkably beautiful; nor would the shipwright make the prow or any other part of the vessel larger than it ought to be; nor will the master of the band permit any who sings louder and better than the rest to sing in concert with them. There is therefore no reason that a monarch should not act in agreement with free states, to support his own power, if they do the same thing for the benefit of their respective communities; upon which account when there is any acknowledged difference in the power of the citizens, the reason upon which the ostracism is founded will be politically just; but it is better for the legislator so to establish his state at the beginning as not to want this remedy: but if in course of time such an inconvenience should arise, to endeavour to amend it by some such correction. Not that this was the use it was put to: for many did not regard the benefit of their respective communities, but made the ostracism a weapon in the hand of sedition.
It is evident, then, that in corrupt governments it is partly just and useful to the individual, though probably it is as clear that it is not entirely just: for in a well-governed state there may be great doubts about the use of it, not on account of the pre-eminence which one may have in strength, riches, or connection: but when the pre-eminence is virtue, what then is to be done? for it seems not right to turn out and banish such a one; neither does it seem right to govern him, for that would be like desiring to share the power with Jupiter and to govern him: nothing then remains but what indeed seems natural, and that is for all persons quietly to submit to the government of those who are thus eminently virtuous, and let them be perpetually kings in the separate states.
CHAPTER XIV
What has been now said, it seems proper to change our subject and to inquire into the nature of monarchies; for we have already admitted them to be one of those species of government which are properly founded. And here let us consider whether a kingly government is proper for a city or a country whose principal object is the happiness of the inhabitants, or rather some other. But let us first determine whether this is of one kind only, or more; [1285a] and it is easy to know that it consists of many different species, and that the forms of government are not the same in all: for at Sparta the kingly power seems chiefly regulated by the laws; for it is not supreme in all circumstances; but when the king quits the territories of the state he is their general in war; and all religious affairs are entrusted to him: indeed the kingly power with them is chiefly that of a general who cannot be called to an account for his conduct, and whose command is for life: for he has not the power of life and death, except as a general; as they frequently had in their expeditions by martial law, which we learn from Homer; for when Agamemnon is affronted in council, he restrains his resentment, but when he is in the field and armed with this power, he tells the Greeks:
"Whoe'er I know shall shun th' impending fight, To dogs and vultures soon shall be a prey; For death is mine...."
This, then, is one species of monarchical government in which the kingly power is in a general for life; and is sometimes hereditary, sometimes elective: besides, there is also another, which is to be met with among some of the barbarians, in which the kings are invested with powers nearly equal to a tyranny, yet are, in some respects, bound by the laws and the customs of their country; for as the barbarians are by nature more prone to slavery than the Greeks, and those in Asia more than those in Europe, they endure without murmuring a despotic government; for this reason their governments are tyrannies; but yet not liable to be overthrown, as being customary and according to law. Their guards also are such as are used in a kingly government, not a despotic one; for the guards of their kings are his citizens, but a tyrant's are foreigners. The one commands, in the manner the law directs, those who willingly obey; the other, arbitrarily, those who consent not. The one, therefore, is guarded by the citizens, the other against them.
These, then, are the two different sorts of these monarchies, and another is that which in ancient Greece they called aesumnetes; which is nothing more than an elective tyranny; and its difference from that which is to be found amongst the barbarians consists not in its not being according to law, but only in its not being according to the ancient customs of the country. Some persons possessed this power for life, others only for a particular time or particular purpose, as the people of Mitylene elected Pittacus to oppose the exiles, who were headed by Antimenides and Alcaeus the poet, as we learn from a poem of his; for he upbraids the Mitylenians for having chosen Pittacus for their tyrant, and with one [1285b] voice extolling him to the skies who was the ruin of a rash and devoted people. These sorts of government then are, and ever were, despotic, on account of their being tyrannies; but inasmuch as they are elective, and over a free people, they are also kingly.
A fourth species of kingly government is that which was in use in the heroic times, when a free people submitted to a kingly government, according to the laws and customs of their country. For those who were at first of benefit to mankind, either in arts or arms, or by collecting them into civil society, or procuring them an establishment, became the kings of a willing people, and established an hereditary monarchy. They were particularly their generals in war, and presided over their sacrifices, excepting such only as belonged to the priests: they were also the supreme judges over the people; and in this case some of them took an oath, others did not; they did, the form of swearing was by their sceptre held out.
In ancient times the power of the kings extended to everything whatsoever, both civil, domestic, and foreign; but in after-times they relinquished some of their privileges, and others the people assumed, so that, in some states, they left their kings only the right of presiding over the sacrifices; and even those whom it were worth while to call by that name had only the right of being commander-in-chief in their foreign wars.
These, then, are the four sorts of kingdoms: the first is that of the heroic times; which was a government over a free people, with its rights in some particulars marked out; for the king was their general, their judge, and their high priest. The second, that of the barbarians; which is an hereditary despotic government regulated by laws: the third is that which they call aesumnetic, which is an elective tyranny. The fourth is the Lacedaemonian; and this, in few words, is nothing more than an hereditary generalship: and in these particulars they differ from each other. There is a fifth species of kingly government, which is when one person has a supreme power over all things whatsoever, in the manner that every state and every city has over those things which belong to the public: for as the master of a family is king in his own house, so such a king is master of a family in his own city or state.
CHAPTER XV
But the different sorts of kingly governments may, if I may so say, be reduced to two; which we will consider more particularly. The last spoken of, and the Lacedaemonian, for the chief of the others are placed between these, which are as it were at the extremities, they having less power than an absolute government, and yet more than the Lacedaemonians; so that the whole matter in question may be reduced to these two points; the one is, whether it is advantageous to the citizens to have the office of general continue in one person for life, and whether it should be confined to any particular families or whether every one should be eligible: the other, whether [1286a] it is advantageous for one person to have the supreme power over everything or not. But to enter into the particulars concerning the office of a Lacedaemonian general would be rather to frame laws for a state than to consider the nature and utility of its constitution, since we know that the appointing of a general is what is done in every state. Passing over this question then, we will proceed to consider the other part of their government, which is the polity of the state; and this it will be necessary to examine particularly into, and to go through such questions as may arise.
Now the first thing which presents itself to our consideration is this, whether it is best to be governed by a good man, or by good laws? Those who prefer a kingly government think that laws can only speak a general language, but cannot adapt themselves to particular circumstances; for which reason it is absurd in any science to follow written rule; and even in Egypt the physician was allowed to alter the mode of cure which the law prescribed to him, after the fourth day; but if he did it sooner it was at his own peril: from whence it is evident, on the very same account, that a government of written laws is not the best; and yet general reasoning is necessary to all those who are to govern, and it will be much more perfect in those who are entirely free from passions than in those to whom they are natural. But now this is a quality which laws possess; while the other is natural to the human soul. But some one will say in answer to this, that man will be a better judge of particulars. It will be necessary, then, for a king to be a lawgiver, and that his laws should be published, but that those should have no authority which are absurd, as those which are not, should. But whether is it better for the community that those things which cannot possibly come under the cognisance of the law either at all or properly should be under the government of every worthy citizen, as the present method is, when the public community, in their general assemblies, act as judges and counsellors, where all their determinations are upon particular cases, for one individual, be he who he will, will be found, upon comparison, inferior to a whole people taken collectively: but this is what a city is, as a public entertainment is better than one man's portion: for this reason the multitude judge of many things better than any one single person. They are also less liable to corruption from their numbers, as water is from its quantity: besides, the judgment of an individual must necessarily be perverted if he is overcome by anger or any other passion; but it would be hard indeed if the whole community should be misled by anger. Moreover, let the people be free, and they will do nothing but in conformity to the law, except only in those cases which the law cannot speak to. But though what I am going to propose may not easily be met with, yet if the majority of the state should happen to be good men, should they prefer one uncorrupt governor or many equally good, is it not evident that they should choose the many? But there may be divisions among [1286b] these which cannot happen when there is but one. In answer to this it may be replied that all their souls will be as much animated with virtue as this one man's.
If then a government of many, and all of them good men, compose an aristocracy, and the government of one a kingly power, it is evident that the people should rather choose the first than the last; and this whether the state is powerful or not, if many such persons so alike can be met with: and for this reason probable it was, that the first governments were generally monarchies; because it was difficult to find a number of persons eminently virtuous, more particularly as the world was then divided into small communities; besides, kings were appointed in return for the benefits they had conferred on mankind; but such actions are peculiar to good men: but when many persons equal in virtue appeared at the time, they brooked not a superiority, but sought after an equality and established a free state; but after this, when they degenerated, they made a property of the public; which probably gave rise to oligarchies; for they made wealth meritorious, and the honours of government were reserved for the rich: and these afterwards turned to tyrannies and these in their turn gave rise to democracies; for the power of the tyrants continually decreasing, on account of their rapacious avarice, the people grew powerful enough to frame and establish democracies: and as cities after that happened to increase, probably it was not easy for them to be under any other government than a democracy. But if any person prefers a kingly government in a state, what is to be done with the king's children? Is the family also to reign? But should they have such children as some persons usually have, it will be very detrimental. It may be said, that then the king who has it in his power will never permit such children to succeed to his kingdom. But it is not easy to trust to that; for it is very hard and requires greater virtue than is to be met with in human nature. There is also a doubt concerning the power with which a king should be entrusted: whether he should be allowed force sufficient to compel those who do not choose to be obedient to the laws, and how he is to support his government? for if he is to govern according to law and do nothing of his own will which is contrary thereunto, at the same time it will be necessary to protect that power with which he guards the law, This matter however may not be very difficult to determine; for he ought to have a proper power, and such a one is that which will be sufficient to make the king superior to any one person or even a large part of the community, but inferior to the whole, as the ancients always appointed guards for that person whom they created aesumnetes or tyrant; and some one advised the Syracusians, when Dionysius asked for guards, to allow him such.
CHAPTER XVI
[1287a] We will next consider the absolute monarch that we have just mentioned, who does everything according to his own will: for a king governing under the direction of laws which he is obliged to follow does not of himself create any particular species of government, as we have already said: for in every state whatsoever, either aristocracy or democracy, it is easy to appoint a general for life; and there are many who entrust the administration of affairs to one person only; such is the government at Dyrrachium, and nearly the same at Opus. As for an absolute monarchy as it is called, that is to say, when the whole state is wholly subject to the will of one person, namely the king, it seems to many that it is unnatural that one man should have the entire rule over his fellow-citizens when the state consists of equals: for nature requires that the same right and the same rank should necessarily take place amongst all those who are equal by nature: for as it would be hurtful to the body for those who are of different constitutions to observe the same regimen, either of diet or clothing, so is it with respect to the honours of the state as hurtful, that those who are equal in merit should be unequal in rank; for which reason it is as much a man's duty to submit to command as to assume it, and this also by rotation; for this is law, for order is law; and it is more proper that law should govern than any one of the citizens: upon the same principle, if it is advantageous to place the supreme power in some particular persons, they should be appointed to be only guardians, and the servants of the laws, for the supreme power must be placed somewhere; but they say, that it is unjust that where all are equal one person should continually enjoy it. But it seems unlikely that man should be able to adjust that which the law cannot determine; it may be replied, that the law having laid down the best rules possible, leaves the adjustment and application of particulars to the discretion of the magistrate; besides, it allows anything to be altered which experience proves may be better established. Moreover, he who would place the supreme power in mind, would place it in God and the laws; but he who entrusts man with it, gives it to a wild beast, for such his appetites sometimes make him; for passion influences those who are in power, even the very best of men: for which reason law is reason without desire.
The instance taken from the arts seems fallacious: wherein it is said to be wrong for a sick person to apply for a remedy to books, but that it would be far more eligible to employ those who are skilful in physic; for these do nothing contrary to reason from motives of friendship but earn their money by curing the sick, whereas those who have the management of public affairs do many things through hatred or favour. And, as a proof of what we have advanced, it may be observed, that whenever a sick person suspects that his physician has been persuaded by his enemies to be guilty of any foul practice to him in his profession, he then rather chooses to apply to books for his cure: and not only this [1287b] but even physicians themselves when they are ill call in other physicians: and those who teach others the gymnastic exercises, exercise with those of the same profession, as being incapable from self-partiality to form a proper judgment of what concerns themselves. From whence it is evident, that those who seek for what is just, seek for a mean; now law is a mean. Moreover; the moral law is far superior and conversant with far superior objects than the written law; for the supreme magistrate is safer to be trusted to than the one, though he is inferior to the other. But as it is impossible that one person should have an eye to everything himself, it will be necessary that the supreme magistrate should employ several subordinate ones under him; why then should not this be done at first, instead of appointing one person in this manner? Besides, if, according to what has been already said, the man of worth is on that account fit to govern, two men of worth are certainly better than one: as, for instance, in Homer, "Let two together go:" and also Agamemnon's wish; "Were ten such faithful counsel mine!" Not but that there are even now some particular magistrates invested with supreme power to decide, as judges, those things which the law cannot, as being one of those cases which comes not properly under its jurisdiction; for of those which can there is no doubt: since then laws comprehend some things, but not all, it is necessary to enquire and consider which of the two is preferable, that the best man or the best law should govern; for to reduce every subject which can come under the deliberation of man into a law is impossible.
No one then denies, that it is necessary that there should be some person to decide those cases which cannot come under the cognisance of a written law: but we say, that it is better to have many than one; for though every one who decides according to the principles of the law decides justly; yet surely it seems absurd to suppose, that one person can see better with two eyes, and hear better with two ears, or do better with two hands and two feet, than many can do with many: for we see that absolute monarchs now furnish themselves with many eyes and ears and hands and feet; for they entrust those who are friends to them and their government with part of their power; for if they are not friends to the monarch, they will not do what he chooses; but if they are friends to him, they are friends also to his government: but a friend is an equal and like his friend: if then he thinks that such should govern, he thinks that his equal also should govern. These are nearly the objections which are usually made to a kingly power.
CHAPTER XVII
Probably what we have said may be true of some persons, but not of others; for some men are by nature formed to be under the government of a master; others, of a king; others, to be the citizens of a free state, just and useful; but a tyranny is not according to nature, nor the other perverted forms of government; for they are contrary to it. But it is evident from what has been said, that among equals it is neither advantageous nor [1288a] right that one person should be lord over all where there are no established laws, but his will is the law; or where there are; nor is it right that one who is good should have it over those who are good; or one who is not good over those who are not good; nor one who is superior to the rest in worth, except in a particular manner, which shall be described, though indeed it has been already mentioned. But let us next determine what people are best qualified for a kingly government, what for an aristocratic, and what for a democratic. And, first, for a kingly; and it should be those who are accustomed by nature to submit the civil government of themselves to a family eminent for virtue: for an aristocracy, those who are naturally framed to bear the rule of free men, whose superior virtue makes them worthy of the management of others: for a free state, a war-like people, formed by nature both to govern and be governed by laws which admit the poorest citizen to share the honours of the commonwealth according to his worth. But whenever a whole family or any one of another shall happen so far to excel in virtue as to exceed all other persons in the community, then it is right that the kingly power should be in them, or if it is an individual who does so, that he should be king and lord of all; for this, as we have just mentioned, is not only correspondent to that principle of right which all founders of all states, whether aristocracies, oligarchies, or democracies, have a regard to (for in placing the supreme power they all think it right to fix it to excellence, though not the same); but it is also agreeable to what has been already said; as it would not be right to kill, or banish, or ostracise such a one for his superior merit. Nor would it be proper to let him have the supreme power only in turn; for it is contrary to nature that what is highest should ever be lowest: but this would be the case should such a one ever be governed by others. So that there can nothing else be done but to submit, and permit him continually to enjoy the supreme power. And thus much with respect to kingly power in different states, and whether it is or is not advantageous to them, and to what, and in what manner.
CHAPTER XVIII
Since then we have said that there are three sorts of regular governments, and of these the best must necessarily be that which is administered by the best men (and this must be that which happens to have one man, or one family, or a number of persons excelling all the rest in virtue, who are able to govern and be governed in such a manner as will make life most agreeable, and we have already shown that the virtue of a good man and of a citizen in the most perfect government will be the same), it is evident, that in the same manner, and for those very qualities which would procure a man the character of good, any one would say, that the government of a state was a well-established aristocracy or kingdom; so that it will be found to be education and [1288b] morals that are almost the whole which go to make a good man, and the same qualities will make a good citizen or good king.
These particulars being treated of, we will now proceed to consider what sort of government is best, how it naturally arises, and how it is established; for it is necessary to make a proper inquiry concerning this.
BOOK IV
CHAPTER I
In every art and science which is not conversant in parts but in some one genus in which it is complete, it is the business of that art alone to determine what is fitted to its particular genus; as what particular exercise is fitted to a certain particular body, and suits it best: for that body which is formed by nature the most perfect and superior to others necessarily requires the best exercise-and also of what one kind that must be which will suit the generality; and this is the business of the gymnastic arts: and although any one should not desire to acquire an exact knowledge and skill in these exercises, yet it is not, on that account, the less necessary that he who professes to be a master and instruct the youth in them should be perfect therein: and we see that this is what equally befalls the healing, shipbuilding, cloth-making, and indeed all other arts; so that it evidently belongs to the same art to find out what kind of government is best, and would of all others be most correspondent to our wish, while it received no molestation from without: and what particular species of it is adapted to particular persons; for there are many who probably are incapable of enjoying the best form: so that the legislator, and he who is truly a politician, ought to be acquainted not only with that which is most perfect imaginable, but also that which is the best suited to any given circumstances. There is, moreover, a third sort, an imaginary one, and he ought, if such a one should be presented to his consideration, to be able to discern what sort of one it would be at the beginning; and, when once established, what would be the proper means to preserve it a long time. I mean, for instance, if a state should happen not to have the best form of government, or be deficient in what was necessary, or not receive every advantage possible, but something less. And, besides all this, it is necessary to know what sort of government is best fitting for all cities: for most of those writers who have treated this subject, however speciously they may handle other parts of it, have failed in describing the practical parts: for it is not enough to be able to perceive what is best without it is what can be put in practice. It should also be simple, and easy for all to attain to. But some seek only the most subtile forms of government. Others again, choosing [1289a] rather to treat of what is common, censure those under which they live, and extol the excellence of a particular state, as the Lacedaemonian, or some other: but every legislator ought to establish such a form of government as from the present state and disposition of the people who are to receive it they will most readily submit to and persuade the community to partake of: for it is not a business of less trouble to correct the mistakes of an established government than to form a new one; as it is as difficult to recover what we have forgot as to learn anything afresh. He, therefore, who aspires to the character of a legislator, ought, besides all we have already said, to be able to correct the mistakes of a government already established, as we have before mentioned. But this is impossible to be done by him who does not know how many different forms of government there are: some persons think that there is only one species both of democracy and oligarchy; but this is not true: so that every one should be acquainted with the difference of these governments, how great they are, and whence they arise; and should have equal knowledge to perceive what laws are best, and what are most suitable to each particular government: for all laws are, and ought to be, framed agreeable to the state that is to be governed by them, and not the state to the laws: for government is a certain ordering in a state which particularly respects the magistrates in what manner they shall be regulated, and where the supreme power shall be placed; and what shall be the final object which each community shall have in view; but the laws are something different from what regulates and expresses the form of the constitution-it is their office to direct the conduct of the magistrate in the execution of his office and the punishment of offenders. From whence it is evident, that the founders of laws should attend both to the number and the different sorts of government; for it is impossible that the same laws should be calculated for all sorts of oligarchies and all sorts of democracies, for of both these governments there are many species, not one only.
CHAPTER II
Since, then, according to our first method in treating of the different forms of government, we have divided those which are regular into three sorts, the kingly, the aristocratical, the free states, and shown the three excesses which these are liable to: the kingly, of becoming tyrannical; the aristocratical, oligarchical; and the free state, democratical: and as we have already treated of the aristocratical and kingly; for to enter into an inquiry what sort of government is best is the same thing as to treat of these two expressly; for each of them desires to be established upon the principles of virtue: and as, moreover, we have already determined wherein a kingly power and an aristocracy differ from each other, and when a state may be said to be governed by a king, it now remains that we examine into a free state, and also these other governments, an oligarchy, a democracy, and a [1289b] tyranny; and it is evident of these three excesses which must be the worst of all, and which next to it; for, of course, the excesses of the best and most holy must be the worst; for it must necessarily happen either that the name of king only will remain, or else that the king will assume more power than belongs to him, from whence tyranny will arise, the worst excess imaginable, a government the most contrary possible to a free state. The excess next hurtful is an oligarchy; for an aristocracy differs much from this sort of government: that which is least so is a democracy. This subject has been already treated of by one of those writers who have gone before me, though his sentiments are not the same as mine: for he thought, that of all excellent constitutions, as a good oligarchy or the like, a democracy was the worst, but of all bad ones, the best.
Now I affirm, that all these states have, without exception, fallen into excess; and also that he should not have said that one oligarchy was better than another, but that it was not quite so bad. But this question we shall not enter into at present. We shall first inquire how many different sorts of free states there are; since there are many species of democracies and oligarchies; and which of them is the most comprehensive, and most desirable after the best form of government; or if there is any other like an aristocracy, well established; and also which of these is best adapted to most cities, and which of them is preferable for particular persons: for, probably, some may suit better with an oligarchy than a democracy, and others better with a democracy than an oligarchy; and afterwards in what manner any one ought to proceed who desires to establish either of these states, I mean every species of democracy, and also of oligarchy. And to conclude, when we shall have briefly gone through everything that is necessary, we will endeavour to point out the sources of corruption, and stability, in government, as well those which are common to all as those which are peculiar to each state, and from what causes they chiefly arise.