Politics: A Treatise on Government Part 4

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 const.i.tution 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, a.s.sumed 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 hors.e.m.e.n.

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 pa.s.sion 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 pa.s.sion, 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 const.i.tutes 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 a.s.sembly: 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 princ.i.p.al 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 a.s.sembly. 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 a.s.sembly, 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 a.s.sembly 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 a.s.sembly, 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 const.i.tution is altered is another question.

CHAPTER IV

What has been said, it follows that we should consider whether the same virtues which const.i.tute 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 const.i.tute the virtue of an excellent citizen in one community will not const.i.tute 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 const.i.tutes 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 appet.i.te; 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 const.i.tute 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