About this book

Laws

Plato

the neighbourhood of the agora for the safe-keeping of the generality of offenders; another is to be in the neighbourhood of the nocturnal council, and is to be called the 'House of Reformation'; another, to be situated in some wild and desolate region in the centre of the country, shall be called by some name expressive of retribution. Now, men fall into impiety from three causes, which have been already mentioned, and from each of these causes arise two sorts of impiety, in all six, which are worth distinguishing, and should not all have the same punishment. For he who does not believe in the Gods, and yet has a righteous nature, hates the wicked and dislikes and refuses to do injustice, and avoids unrighteous men, and loves the righteous. But they who besides believing that the world is devoid of Gods are intemperate, and have at the same time good memories and quick wits, are worse; although both of them are unbelievers, much less injury is done by the one than by the other. The one may talk loosely about the Gods and about sacrifices and oaths, and perhaps by laughing at other men he may make them like himself, if he be not punished. But the other who holds the same opinions and is called a clever man, is full of stratagem and deceit--men of this class deal in prophecy and jugglery of all kinds, and out of their ranks sometimes come tyrants and demagogues and generals and hierophants of private mysteries and the Sophists, as they are termed, with their ingenious devices. There are many kinds of unbelievers, but two only for whom legislation is required; one the hypocritical sort, whose crime is deserving of death many times over, while the other needs only bonds and admonition. In like manner also the notion that the Gods take no thought of men produces two other sorts of crimes, and the notion that they may be propitiated produces two more. Assuming these divisions, let those who have been made what they are only from want of understanding, and not from malice or an evil nature, be placed by the judge in the House of Reformation, and ordered to suffer imprisonment during a period of not less than five years. And in the meantime let them have no intercourse with the other citizens, except with members of the nocturnal council, and with them let them converse with a view to the improvement of their soul's health. And when the time of their imprisonment has expired, if any of them be of sound mind let him be restored to sane company, but if not, and if he be condemned a second time, let him be punished with death. As to that class of monstrous natures who not only believe that there are no Gods, or that they are negligent, or to be propitiated, but in contempt of mankind conjure the souls of the living and say that they can conjure the dead and promise to charm the Gods with sacrifices and prayers, and will utterly overthrow individuals and whole houses and states for the sake of money--let him who is guilty of any of these things be condemned by the court to be bound according to law in the prison which is in the centre of the land, and let no freeman ever approach him, but let him receive the rations of food appointed by the guardians of the law from the hands of the public slaves; and when he is dead let him be cast beyond the borders unburied, and if any freeman assist in burying him, let him pay the penalty of impiety to any one who is willing to bring a suit against him. But if he leaves behind him children who are fit to be citizens, let the guardians of orphans take care of them, just as they would of any other orphans, from the day on which their father is convicted. In all these cases there should be one law, which will make men in general less liable to transgress in word or deed, and less foolish, because they will not be allowed to practise religious rites contrary to law. And let this be the simple form of the law: No man shall have sacred rites in a private house. When he would sacrifice, let him go to the temples and hand over his offerings to the priests and priestesses, who see to the sanctity of such things, and let him pray himself, and let any one who pleases join with him in prayer. The reason of this is as follows: Gods and temples are not easily instituted, and to establish them rightly is the work of a mighty intellect. And women especially, and men too, when they are sick or in danger, or in any sort of difficulty, or again on their receiving any good fortune, have a way of consecrating the occasion, vowing sacrifices, and promising shrines to Gods, demigods, and sons of Gods; and when they are awakened by terrible apparitions and dreams or remember visions, they find in altars and temples the remedies of them, and will fill every house and village with them, placing them in the open air, or wherever they may have had such visions; and with a view to all these cases we should obey the law. The law has also regard to the impious, and would not have them fancy that by the secret performance of these actions--by raising temples and by building altars in private houses, they can propitiate the God secretly with sacrifices and prayers, while they are really multiplying their crimes infinitely, bringing guilt from heaven upon themselves, and also upon those who permit them, and who are better men than they are; and the consequence is that the whole state reaps the fruit of their impiety, which, in a certain sense, is deserved. Assuredly God will not blame the legislator, who will enact the following law: No one shall possess shrines of the Gods in private houses, and he who is found to possess them, and perform any sacred rites not publicly authorised--supposing the offender to be some man or woman who is not guilty of any other great and impious crime--shall be informed against by him who is acquainted with the fact, which shall be announced by him to the guardians of the law; and let them issue orders that he or she shall carry away their private rites to the public temples, and if they do not persuade them, let them inflict a penalty on them until they comply. And if a person be proven guilty of impiety, not merely from childish levity, but such as grown-up men may be guilty of, whether he have sacrificed publicly or privately to any Gods, let him be punished with death, for his sacrifice is impure. Whether the deed has been done in earnest, or only from childish levity, let the guardians of the law determine, before they bring the matter into court and prosecute the offender for impiety. BOOK XI. In the next place, dealings between man and man require to be suitably regulated. The principle of them is very simple: Thou shalt not, if thou canst help, touch that which is mine, or remove the least thing which belongs to me without my consent; and may I be of a sound mind, and do to others as I would that they should do to me. First, let us speak of treasure-trove: May I never pray the Gods to find the hidden treasure, which another has laid up for himself and his family, he not being one of my ancestors, nor lift, if I should find, such a treasure. And may I never have any dealings with those who are called diviners, and who in any way or manner counsel me to take up the deposit entrusted to the earth, for I should not gain so much in the increase of my possessions, if I take up the prize, as I should grow in justice and virtue of soul, if I abstain; and this will be a better possession to me than the other in a better part of myself; for the possession of justice in the soul is preferable to the possession of wealth. And of many things it is well said--'Move not the immovables,' and this may be regarded as one of them. And we shall do well to believe the common tradition which says, that such deeds prevent a man from having a family. Now as to him who is careless about having children and regardless of the legislator, taking up that which neither he deposited, nor any ancestor of his, without the consent of the depositor, violating the simplest and noblest of laws which was the enactment of no mean man: 'Take not up that which was not laid down by thee'--of him, I say, who despises these two legislators, and takes up, not some small matter which he has not deposited, but perhaps a great heap of treasure, what he ought to suffer at the hands of the Gods, God only knows; but I would have the first person who sees him go and tell the wardens of the city, if the occurrence has taken place in the city, or if the occurrence has taken place in the agora he shall tell the wardens of the agora, or if in the country he shall tell the wardens of the country and their commanders. When information has been received the city shall send to Delphi, and, whatever the God answers about the money and the remover of the money, that the city shall do in obedience to the oracle; the informer, if he be a freeman, shall have the honour of doing rightly, and he who informs not, the dishonour of doing wrongly; and if he be a slave who gives information, let him be freed, as he ought to be, by the state, which shall give his master the price of him; but if he do not inform he shall be punished with death. Next in order shall follow a similar law, which shall apply equally to matters great and small: If a man happens to leave behind him some part of his property, whether intentionally or unintentionally, let him who may come upon the left property suffer it to remain, reflecting that such things are under the protection of the Goddess of ways, and are dedicated to her by the law. But if any one defies the law, and takes the property home with him, let him, if the thing is of little worth, and the man who takes it a slave, be beaten with many stripes by him who meets him, being a person of not less than thirty years of age. Or if he be a freeman, in addition to being thought a mean person and a despiser of the laws, let him pay ten times the value of the treasure which he has moved to the leaver. And if some one accuses another of having anything which belongs to him, whether little or much, and the other admits that he has this thing, but denies that the property in dispute belongs to the other, if the property be registered with the magistrates according to law, the claimant shall summon the possessor, who shall bring it before the magistrates; and when it is brought into court, if it be registered in the public registers, to which of the litigants it belonged, let him take it and go his way. Or if the property be registered as belonging to some one who is not present, whoever will offer sufficient surety on behalf of the absent person that he will give it up to him, shall take it away as the representative of the other. But if the property which is deposited be not registered with the magistrates, let it remain until the time of trial with three of the eldest of the magistrates; and if it be an animal which is deposited, then he who loses the suit shall pay the magistrates for its keep, and they shall determine the cause within three days. Any one who is of sound mind may arrest his own slave, and do with him whatever he will of such things as are lawful; and he may arrest the runaway slave of any of his friends or kindred with a view to his safe-keeping. And if any one takes away him who is being carried off as a slave, intending to liberate him, he who is carrying him off shall let him go; but he who takes him away shall give three sufficient sureties; and if he give them, and not without giving them, he may take him away, but if he take him away after any other manner he shall be deemed guilty of violence, and being convicted shall pay as a penalty double the amount of the damages claimed to him who has been deprived of the slave.