Politics: A Treatise on Government

Book II (continuación)

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: