Politics: A Treatise on Government

Book IV (continued)

It is therefore the greatest happiness which the citizens can enjoy to possess a moderate and convenient fortune; for when some possess too much, and others nothing at [1296a] all, the government must either be in the hands of the meanest rabble or else a pure oligarchy; or, from the excesses of both, a tyranny; for this arises from a headstrong democracy or an oligarchy, but very seldom when the members of the community are nearly on an equality with each other. We will assign a reason for this when we come to treat of the alterations which different states are likely to undergo. The middle state is therefore best, as being least liable to those seditions and insurrections which disturb the community; and for the same reason extensive governments are least liable to these inconveniences; for there those in a middle state are very numerous, whereas in small ones it is easy to pass to the two extremes, so as hardly to have any in a medium remaining, but the one half rich, the other poor: and from the same principle it is that democracies are more firmly established and of longer continuance than oligarchies; but even in those when there is a want of a proper number of men of middling fortune, the poor extend their power too far, abuses arise, and the government is soon at an end.

We ought to consider as a proof of what I now advance, that the best lawgivers themselves were those in the middle rank of life, amongst whom was Solon, as is evident from his poems, and Lycurgus, for he was not a king, and Charondas, and indeed most others. What has been said will show us why of so many free states some have changed to democracies, others to oligarchies: for whenever the number of those in the middle state has been too small, those who were the more numerous, whether the rich or the poor, always overpowered them and assumed to themselves the administration of public affairs; from hence arose either a democracy or an oligarchy. Moreover, when in consequence of their disputes and quarrels with each other, either the rich get the better of the poor, or the poor of the rich, neither of them will establish a free state; but, as the record of their victory, one which inclines to their own principles, and form either a democracy or an oligarchy.

Those who made conquests in Greece, having all of them an eye to the respective forms of government in their own cities, established either democracies or oligarchies, not considering what was serviceable to the state, but what was similar to their own; for which reason a government has never been established where the supreme power has been placed amongst those of the middling rank, or very seldom; and, amongst a few, one man only of those who have yet been conquerors has been persuaded to give the preference to this order of [1296b] men: it is indeed an established custom with the inhabitants of most cities not to desire an equality, but either to aspire to govern, or when they are conquered, to submit.

Thus we have shown what the best state is, and why. It will not be difficult to perceive of the many states which there are, for we have seen that there are various forms both of democracies and oligarchies, to which we should give the first place, to which the second, and in the same manner the next also; and to observe what are the particular excellences and defects of each, after we have first described the best possible; for that must be the best which is nearest to this, that worst which is most distant from the medium, without any one has a particular plan of his own which he judges by. I mean by this, that it may happen, that although one form of government may be better than another, yet there is no reason to prevent another from being preferable thereunto in particular circumstances and for particular purposes.

CHAPTER XII

After what has been said, it follows that we should now show what particular form of government is most suitable for particular persons; first laying this down as a general maxim, that that party which desires to support the actual administration of the state ought always to be superior to that which would alter it. Every city is made up of quality and quantity: by quality I mean liberty, riches, education, and family, and by quantity its relative populousness: now it may happen that quality may exist in one of those parts of which the city is composed, and quantity in another; thus the number of the ignoble may be greater than the number of those of family, the number of the poor than that of the rich; but not so that the quantity of the one shall overbalance the quality of the other; those must be properly adjusted to each other; for where the number of the poor exceeds the proportion we have mentioned, there a democracy will rise up, and if the husbandry should have more power than others, it will be a democracy of husbandmen; and the democracy will be a particular species according to that class of men which may happen to be most numerous: thus, should these be the husbandmen, it will be of these, and the best; if of mechanics and those who hire themselves out, the worst possible: in the same manner it may be of any other set between these two. But when the rich and the noble prevail more by their quality than they are deficient in quantity, there an oligarchy ensues; and this oligarchy may be of different species, according to the nature of the prevailing party. Every legislator in framing his constitution ought to have a particular regard to those in the middle rank of life; and if he intends an oligarchy, these should be the object of his laws; if a democracy, to these they should be entrusted; and whenever their number exceeds that of the two others, or at least one of them, they give [1297a] stability to the constitution; for there is no fear that the rich and the poor should agree to conspire together against them, for neither of these will choose to serve the other. If any one would choose to fix the administration on the widest basis, he will find none preferable to this; for to rule by turns is what the rich and the poor will not submit to, on account of their hatred to each other. It is, moreover, allowed that an arbitrator is the most proper person for both parties to trust to; now this arbitrator is the middle rank.

Those who would establish aristocratical governments are mistaken not only in giving too much power to the rich, but also in deceiving the common people; for at last, instead of an imaginary good, they must feel a real evil, for the encroachments of the rich are more destructive to the state than those of the poor.

CHAPTER XIII

There are five particulars in which, under fair pretences, the rich craftily endeavour to undermine the rights of the people, these are their public assemblies, their offices of state, their courts of justice, their military power, and their gymnastic exercises. With respect to their public assemblies, in having them open to all, but in fining the rich only, or others very little, for not attending; with respect to offices, in permitting the poor to swear off, but not granting this indulgence to those who are within the census; with respect to their courts of justice, in fining the rich for non-attendance, but the poor not at all, or those a great deal, and these very little, as was done by the laws of Charondas. In some places every citizen who was enrolled had a right to attend the public assemblies and to try causes; which if they did not do, a very heavy fine was laid upon them; that through fear of the fine they might avoid being enrolled, as they were then obliged to do neither the one nor the other. The same spirit of legislation prevailed with respect to their bearing arms and their gymnastic exercises; for the poor are excused if they have no arms, but the rich are fined; the same method takes place if they do not attend their gymnastic exercises, there is no penalty on one, but there is on the other: the consequence of which is, that the fear of this penalty induces the rich to keep the one and attend the other, while the poor do neither. These are the deceitful contrivances of oligarchical legislators.

The contrary prevails in a democracy; for there they make the poor a proper allowance for attending the assemblies and the courts, but give the rich nothing for doing it: whence it is evident, that if any one would properly blend these customs together, they must extend both the pay and the fine to every member of the community, and then every one would share in it, whereas part only now do. The citizens of a free state ought to [1297b] consist of those only who bear arms: with respect to their census it is not easy to determine exactly what it ought to be, but the rule that should direct upon this subject should be to make it as extensive as possible, so that those who are enrolled in it make up a greater part of the people than those who are not; for those who are poor, although they partake not of the offices of the state, are willing to live quiet, provided that no one disturbs them in their property: but this is not an easy matter; for it may not always happen, that those who are at the head of public affairs are of a humane behaviour. In time of war the poor are accustomed to show no alacrity without they have provisions found them; when they have, then indeed they are willing to fight.

In some governments the power is vested not only in those who bear arms, but also in those who have borne them. Among the Malienses the state was composed of these latter only, for all the officers were soldiers who had served their time. And the first states in Greece which succeeded those where kingly power was established, were governed by the military. First of all the horse, for at that time the strength and excellence of the army depended on the horse, for as to the heavy-armed foot they were useless without proper discipline; but the art of tactics was not known to the ancients, for which reason their strength lay in their horse: but when cities grew larger, and they depended more on their foot, greater numbers partook of the freedom of the city; for which reason what we call republics were formerly called democracies. The ancient governments were properly oligarchies or kingdoms; for on account of the few persons in each state, it would have been impossible to have found a sufficient number of the middle rank; so these being but few, and those used to subordination, they more easily submitted to be governed.

We have now shown why there are many sorts of governments, and others different from those we have treated of: for there are more species of democracies than one, and the like is true of other forms, and what are their differences, and whence they arise; and also of all others which is the best, at least in general; and which is best suited for particular people.

CHAPTER XIV

We will now proceed to make some general reflections upon the governments next in order, and also to consider each of them in particular; beginning with those principles which appertain to each: now there are three things in all states which a careful legislator ought well to consider, which are of great consequence to all, and which properly attended to the state must necessarily be happy; and according to the variation of which the one will differ from the other. The first of these is the [1298a] public assembly; the second the officers of the state, that is, who they ought to be, and with what power they should be entrusted, and in what manner they should be appointed; the third, the judicial department.

Now it is the proper business of the public assembly to determine concerning war and peace, making or breaking off alliances, to enact laws, to sentence to death, banishment, or confiscation of goods, and to call the magistrates to account for their behaviour when in office. Now these powers must necessarily be entrusted to the citizens in general, or all of them to some; either to one magistrate or more; or some to one, and some to another, or some to all, but others to some: to entrust all to all is in the spirit of a democracy, for the people aim at equality. There are many methods of delegating these powers to the citizens at large, one of which is to let them execute them by turn, and not altogether, as was done by Tellecles, the Milesian, in his state. In others the supreme council is composed of the different magistrates, and they succeed to the offices of the community by proper divisions of tribes, wards, and other very small proportions, till every one in his turn goes through them: nor does the whole community ever meet together, without it is when new laws are enacted, or some national affair is debated, or to hear what the magistrates have to propose to them. Another method is for the people to meet in a collective body, but only for the purpose of holding the comitia, making laws, determining concerning war or peace, and inquiring into the conduct of their magistrates, while the remaining part of the public business is conducted by the magistrates, who have their separate departments, and are chosen out of the whole community either by vote or ballot. Another method is for the people in general to meet for the choice of the magistrates, and to examine into their conduct; and also to deliberate concerning war and alliances, and to leave other things to the magistrates, whoever happen to be chosen, whose particular employments are such as necessarily require persons well skilled therein. A fourth method is for every person to deliberate upon every subject in public assembly, where the magistrates can determine nothing of themselves, and have only the privilege of giving their opinions first; and this is the method of the most pure democracy, which is analogous to the proceedings in a dynastic oligarchy and a tyrannic monarchy.

These, then, are the methods in which public business is conducted in a democracy. When the power is in the hands of part of the community only, it is an oligarchy and this also admits of different customs; for whenever the officers of the state are chosen out of those who have a moderate fortune, and these from that circumstance are many, and when they depart not from that line which the law has laid down, but carefully follow it, and when all within the census are eligible, certainly it is then an oligarchy, but founded on true principles of government [1298b] from its moderation. When the people in general do not partake of the deliberative power, but certain persons chosen for that purpose, who govern according to law; this also, like the first, is an oligarchy. When those who have the deliberative power elect each other, and the son succeeds to the father, and when they can supersede the laws, such a government is of necessity a strict oligarchy. When some persons determine on one thing, and others on another, as war and peace, and when all inquire into the conduct of their magistrates, and other things are left to different officers, elected either by vote or lot, then the government is an aristocracy or a free state. When some are chosen by vote and others by lot, and these either from the people in general, or from a certain number elected for that purpose, or if both the votes and the lots are open to all, such a state is partly an aristocracy, partly a free government itself. These are the different methods in which the deliberative power is vested in different states, all of whom follow some regulation here laid down. It is advantageous to a democracy, in the present sense of the word, by which I mean a state wherein the people at large have a supreme power, even over the laws, to hold frequent public assemblies; and it will be best in this particular to imitate the example of oligarchies in their courts of justice; for they fine those who are appointed to try causes if they do not attend, so should they reward the poor for coming to the public assemblies: and their counsels will be best when all advise with each other, the citizens with the nobles, the nobles with the citizens. It is also advisable when the council is to be composed of part of the citizens, to elect, either by vote or lot, an equal number of both ranks. It is also proper, if the common people in the state are very numerous, either not to pay every one for his attendance, but such a number only as will make them equal to the nobles, or to reject many of them by lot.

In an oligarchy they should either call up some of the common people to the council, or else establish a court, as is done in some other states, whom they call pre-advisers or guardians of the laws, whose business should be to propose first what they should afterwards enact. By this means the people would have a place in the administration of public affairs, without having it in their power to occasion any disorder in the government. Moreover, the people may be allowed to have a vote in whatever bill is proposed, but may not themselves propose anything contrary thereto; or they may give their advice, while the power of determining may be with the magistrates only. It is also necessary to follow a contrary practice to what is established in democracies, for the people should be allowed the power of pardoning, but not of condemning, for the cause should be referred back again to the magistrates: whereas the contrary takes place in republics; for the power of pardoning is with the few, but not of condemning, which is always referred [1299a] to the people at large. And thus we determine concerning the deliberative power in any state, and in whose hands it shall be.

CHAPTER XV

We now proceed to consider the choice of magistrates; for this branch of public business contains many different Parts, as how many there shall be, what shall be their particular office, and with respect to time how long each of them shall continue in place; for some make it six months, others shorter, others for a year, others for a much longer time; or whether they should be perpetual or for a long time, or neither; for the same person may fill the same office several times, or he may not be allowed to enjoy it even twice, but only once: and also with respect to the appointment of magistrates, who are to be eligible, who is to choose them, and in what manner; for in all these particulars we ought properly to distinguish the different ways which may be followed; and then to show which of these is best suited to such and such governments.