Politics: A Treatise on Government

Book II (continua)

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