Politics: A Treatise on Government

Book VI (suite)

After what has been said I proceed next to treat particularly of the magistrates; of what nature they should be, how many, and for what purpose, as I have already mentioned: for without necessary magistrates no state can exist, nor without those which contribute to its dignity and good order can exist happily: now it is necessary that in small states the magistrates should be few; in a large one, many: also to know well what offices may be joined together, and what ought to be separated. The first thing necessary is to establish proper regulators in the markets; for which purpose a certain magistrate should be appointed to inspect their contracts and preserve good order; for of necessity, in almost every city there must be both buyers and sellers to supply each other's mutual wants: and this is what is most productive of the comforts of life; for the sake of which men seem to have joined together in one community. A second care, and nearly related to the first, is to have an eye both to the public and private edifices in the city, that they may be an ornament; and also to take care of all buildings which are likely to fall: and to see that the highways are kept in proper repair; and also that the landmarks between different estates are preserved, that there may be no disputes on that account; and all other business of the same nature. Now, this business may be divided into several branches, over each of which in populous cities they appoint a separate person; one to inspect the buildings, another the fountains, another the harbours; and they are called the inspectors of the city. A third, which is very like the last, and conversant nearly about the same objects, only in the country, is to take care of what is done out of the city. The officers who have this employment we call inspectors of the lands, or inspectors of the woods; but the business of all three of them is the same. There must also be other officers appointed to receive the public revenue and to deliver it out to those who are in the different departments of the state: these are called receivers or quaestors. There must also be another, before whom all private contracts and sentences of courts should be enrolled, as well as proceedings and declarations. Sometimes this employment is divided amongst many, but there is one supreme over the rest; these are called proctors, notaries, and the like. Next to these is an officer whose business is of all others the most necessary, and yet most difficult; namely, to take care that sentence is executed upon those who are condemned; and that every one pays the fines laid on him; and also to have the charge of those who are in prison. [1322a] This office is very disagreeable on account of the odium attending it, so that no one will engage therein without it is made very profitable, or, if they do, will they be willing to execute it according to law; but it is most necessary, as it is of no service to pass judgment in any cause without that judgment is carried into execution: for without this human society could not subsist: for which reason it is best that this office should not be executed by one person, but by some of the magistrates of the other courts. In like manner, the taking care that those fines which are ordered by the judges are levied should be divided amongst different persons. And as different magistrates judge different causes, let the causes of the young be heard by the young: and as to those which are already brought to a hearing, let one person pass sentence, and another see it executed: as, for instance, let the magistrates who have the care of the public buildings execute the sentence which the inspectors of the markets have passed, and the like in other cases: for by so much the less odium attends those who carry the laws into execution, by so much the easier will they be properly put in force: therefore for the same persons to pass the sentence and to execute it will subject them to general hatred; and if they pass it upon all, they will be considered as the enemies of all. Thus one person has often the custody of the prisoner's body, while another sees the sentence against him executed, as the eleven did at Athens: for which reason it is prudent to separate these offices, and to give great attention thereunto as equally necessary with anything we have already mentioned; for it will certainly happen that men of character will decline accepting this office, and worthless persons cannot properly be entrusted with it, as having themselves rather an occasion for a guard than being qualified to guard others. This, therefore, ought by no means to be a separate office from others; nor should it be continually allotted to any individuals, but the young men; where there is a city-guard, the youths ought in turns to take these offices upon them. These, then, as the most necessary magistrates, ought to be first mentioned: next to these are others no less necessary, but of much higher rank, for they ought to be men of great skill and fidelity. These are they who have the guard of the city, and provide everything that is necessary for war; whose business it is, both in war and peace, to defend the walls and the gates, and to take care to muster and marshal the citizens. Over all these there are sometimes more officers, sometimes fewer: thus in little cities there is only one whom they call either general or polemarch; but where there are horse and light-armed troops, and bowmen, and sailors, they sometimes put distinct commanders over each of these; who again have others under them, according to their different divisions; all of which join together to make one military body: and thus much for this department. Since some of the magistrates, if not all, have business with the public money, it is necessary that there should be other officers, whose employment should be nothing else than to take an account of what they have, and correct any mismanagement therein. But besides all these magistrates there is one who is supreme over them all, who very often has in his own power the disposal of the public revenue and taxes; who presides over the people when the supreme power is in them; for there must be some magistrate who has a power to summon them together, and to preside as head of the state. These are sometimes called preadvisers; but where there are many, more properly a council. These are nearly the civil magistrates which are requisite to a government: but there are other persons whose business is confined to religion; as the priests, and those who are to take care of the temples, that they are kept in proper repair, or, if they fall down, that they may be rebuilt; and whatever else belongs to public worship. This charge is sometimes entrusted to one person, as in very small cities: in others it is delegated to many, and these distinct from the priesthood, as the builders or keepers of holy places, and officers of the sacred revenue. Next to these are those who are appointed to have the general care of all those public sacrifices to the tutelar god of the state, which the laws do not entrust to the priests: and these in different states have different appellations. To enumerate in few words the different departments of all those magistrates who are necessary: these are either religion, war, taxes, expenditures, markets, public buildings, harbours, highways. Belonging to the courts of justice there are scribes to enroll private contracts; and there must also be guards set over the prisoners, others to see the law is executed, council on either side, and also others to watch over the conduct of those who are to decide the causes. Amongst the magistrates also may finally be reckoned those who are to give their advice in public affairs. But separate states, who are peculiarly happy and have leisure to attend to more minute particulars, and are very attentive to good order, require particular magistrates for themselves; such as those who have the government of the women; who are to see the laws are executed; who take care of the boys and preside over their education. To these may be added those who have the care of their gymnastic exercises, [1323a] their theatres, and every other public spectacle which there may happen to be. Some of these, however, are not of general use; as the governors of the women: for the poor are obliged to employ their wives and children in servile offices for want of slaves. As there are three magistrates to whom some states entrust the supreme power; namely, guardians of the laws, preadvisers, and senators; guardians of the laws suit best to an aristocracy, preadvisers to an oligarchy, and a senate to a democracy. And thus much briefly concerning all magistrates.

Book VII

CHAPTER I

He who proposes to make that inquiry which is necessary concerning what government is best, ought first to determine what manner of living is most eligible; for while this remains uncertain it will also be equally uncertain what government is best: for, provided no unexpected accidents interfere, it is highly probable, that those who enjoy the best government will live the most happily according to their circumstances; he ought, therefore, first to know what manner of life is most desirable for all; and afterwards whether this life is the same to the man and the citizen, or different. As I imagine that I have already sufficiently shown what sort of life is best in my popular discourses on that subject, I think I may very properly repeat the same here; as most certainly no one ever called in question the propriety of one of the divisions; namely, that as what is good, relative to man, may be divided into three sorts, what is external, what appertains to the body, and what to the soul, it is evident that all these must conspire to make a man happy: for no one would say that a man was happy who had no fortitude, no temperance, no justice, no prudence; but was afraid of the flies that flew round him: nor would abstain from the meanest theft if he was either hungry or dry, or would murder his dearest friend for a farthing; and also was in every particular as wanting in his understanding as an infant or an idiot. These truths are so evident that all must agree to them; though some may dispute about the quantity and the degree: for they may think, that a very little virtue is sufficient for happiness; but for riches, property, power, honour, and all such things, they endeavour to increase them without bounds: but to such we reply, that it is easy to prove from what experience teaches us in these cases, that these external goods produce not virtue, but virtue them. As to a happy life, whether it is to be found in pleasure or virtue or both, certain it is, that those whose morals are most pure, and whose understandings are best cultivated, will enjoy more of it, although their fortune is but moderate than those do who own an exuberance of wealth, are deficient in those; and this utility any one who reflects may easily convince himself of; for whatsoever is external has its boundary, as a machine, and whatsoever is useful in its excess is either necessarily hurtful, or at best useless to the possessor; but every good quality of the soul the higher it is in degree, so much the more useful it is, if it is permitted on this subject to use the word useful as well as noble. It is also very evident, that the accidents of each subject take place of each other, as the subjects themselves, of which we allow they are accidents, differ from each other in value; so that if the soul is more noble than any outward possession, as the body, both in itself and with respect to us, it must be admitted of course that the best accidents of each must follow the same analogy. Besides, it is for the sake of the soul that these things are desirable; and it is on this account that wise men should desire them, not the soul for them. Let us therefore be well assured, that every one enjoys as much happiness as he possesses virtue and wisdom, and acts according to their dictates; since for this we have the example of GOD Himself, _who is completely happy, not from any external good, but in Himself, and because such is His nature_. For good fortune is something different from happiness, as every good which depends not on the mind is owing to chance or fortune; but it is not from fortune that any one is wise and just: hence it follows, that that city is happiest which is the best and acts best: for no one can do well who acts not well; nor can the deeds either of man or city be praiseworthy without virtue and wisdom; for whatsoever is just, or wise, or prudent in a man, the same things are just, wise, and prudent in a city.

Thus much by way of introduction; for I could not but just touch upon this subject, though I could not go through a complete investigation of it, as it properly belongs to another question: let us at present suppose so much, that a man's happiest life, both as an individual and as a citizen, is a life of virtue, accompanied with those enjoyments which virtue usually procures. If [1324a] there are any who are not convinced by what I have said, their doubts shall be answered hereafter, at present we shall proceed according to our intended method.

CHAPTER II

It now remains for us to say whether the happiness of any individual man and the city is the same or different: but this also is evident; for whosoever supposes that riches will make a person happy, must place the happiness of the city in riches if it possesses them; those who prefer a life which enjoys a tyrannic power over others will also think, that the city which has many others under its command is most happy: thus also if any one approves a man for his virtue, he will think the most worthy city the happiest: but here there are two particulars which require consideration, one of which is, whether it is the most eligible life to be a member of the community and enjoy the rights of a citizen, or whether to live as a stranger, without interfering in public affairs; and also what form of government is to be preferred, and what disposition of the state is best; whether the whole community should be eligible to a share in the administration, or only the greater part, and some only: as this, therefore, is a subject of political examination and speculation, and not what concerns the individual, and the first of these is what we are at present engaged in, the one of these I am not obliged to speak to, the other is the proper business of my present design. It is evident that government must be the best which is so established, that every one therein may have it in his power to act virtuously and live happily: but some, who admit that a life of virtue is most eligible, still doubt which is preferable a public life of active virtue, or one entirely disengaged from what is without and spent in contemplation; which some say is the only one worthy of a philosopher; and one of these two different modes of life both now and formerly seem to have been chosen by all those who were the most virtuous men; I mean the public or philosophic. And yet it is of no little consequence on which side the truth lies; for a man of sense must naturally incline to the better choice; both as an individual and a citizen. Some think that a tyrannic government over those near us is the greatest injustice; but that a political one is not unjust: but that still is a restraint on the pleasures and tranquillity of life. Others hold the quite contrary opinion, and think that a public and active life is the only life for man: for that private persons have no opportunity of practising any one virtue, more than they have who are engaged in public life the management of the [1324b] state. These are their sentiments; others say, that a tyrannical and despotical mode of government is the only happy one; for even amongst some free states the object of their laws seems to be to tyrannise over their neighbours: so that the generality of political institutions, wheresoever dispersed, if they have any one common object in view, have all of them this, to conquer and govern. It is evident, both from the laws of the Lacedaemonians and Cretans, as well as by the manner in which they educated their children, that all which they had in view was to make them soldiers: besides, among all nations, those who have power enough and reduce others to servitude are honoured on that account; as were the Scythians, Persians, Thracians, and Gauls: with some there are laws to heighten the virtue of courage; thus they tell us that at Carthage they allowed every person to wear as many rings for distinction as he had served campaigns. There was also a law in Macedonia, that a man who had not himself killed an enemy should be obliged to wear a halter; among the Scythians, at a festival, none were permitted to drink out of the cup was carried about who had not done the same thing. Among the Iberians, a warlike nation, they fixed as many columns upon a man's tomb as he had slain enemies: and among different nations different things of this sort prevail, some of them established by law, others by custom. Probably it may seem too absurd to those who are willing to take this subject into their consideration to inquire whether it is the business of a legislator to be able to point out by what means a state may govern and tyrannise over its neighbours, whether they will, or will not: for how can that belong either to the politician or legislator which is unlawful? for that cannot be lawful which is done not only justly, but unjustly also: for a conquest may be unjustly made. But we see nothing of this in the arts: for it is the business neither of the physician nor the pilot to use either persuasion or force, the one to his patients, the other to his passengers: and yet many seem to think a despotic government is a political one, and what they would not allow to be just or proper, if exercised over themselves, they will not blush to exercise over others; for they endeavour to be wisely governed themselves, but think it of no consequence whether others are so or not: but a despotic power is absurd, except only where nature has framed the one party for dominion, the other for subordination; and therefore no one ought to assume it over all in general, but those only which are the proper objects thereof: thus no one should hunt men either for food or sacrifice, but what is fit for those purposes, and these are wild animals which are eatable.