Politics: A Treatise on Government
beyond the common necessaries of life, they were be wicked to gratify
them; and not only so, but if their wishes point that way, they will do
the same to enjoy those pleasures which are free from the alloy of pain.
What remedy then shall we find for these three disorders? And first,
to prevent stealing from necessity, let every one be supplied with a
moderate subsistence, which may make the addition of his own industry
necessary; second to prevent stealing to procure the luxuries of life,
temperance be enjoined; and thirdly, let those who wish for pleasure in
itself seek for it only in philosophy, all others want the assistance of
men.
Since then men are guilty of the greatest crimes from ambition, and not
from necessity, no one, for instance aims at being a tyrant to keep him
from the cold, hence great honour is due to him who kills not a thief,
but tyrant; so that polity which Phaleas establishes would only be
salutary to prevent little crimes. He has also been very desirous to
establish such rules as will conduce to perfect the internal policy of
his state, and he ought also to have done the same with respect to
its neighbours and all foreign nations; for the considerations of the
military establishment should take place in planning every government,
that it may not be unprovided in case of a war, of which he has said
nothing; so also with respect to property, it ought not only to be
adapted to the exigencies of the state, but also to such dangers as may
arise from without.
Thus it should not be so much as to tempt those who are near, and more
powerful to invade it, while those who possess it are not able to drive
out the invaders, nor so little as that the state should not be able to
go to war with those who are quite equal to itself, and of this he has
determined nothing; it must indeed be allowed that it is advantageous to
a community to be rather rich than poor; probably the proper boundary is
this, not to possess enough to make it worth while for a more powerful
neighbour to attack you, any more than he would those who had not so
much as yourself; thus when Autophradatus proposed to besiege Atarneus,
Eubulus advised him to consider what time it would require to take the
city, and then would have him determine whether it would answer, for
that he should choose, if it would even take less than he proposed,
to quit the place; his saying this made Autophradatus reflect upon the
business and give over the siege. There is, indeed, some advantage in an
equality of goods amongst the citizens to prevent seditions; and yet,
to say truth, no very great one; for men of great abilities will stomach
their being put upon a level with the rest of the community. For
which reason they will very often appear ready for every commotion and
sedition; for the wickedness of mankind is insatiable. For though
at first two oboli might be sufficient, yet when once it is become
customary, they continually want something more, until they set no
limits to their expectations; for it is the nature of our desires to be
boundless, and many live only to gratify them. But for this purpose the
first object is, not so much to establish an equality of fortune, as
to prevent those who are of a good disposition from desiring more than
their own, and those who are of a bad one from being able to acquire it;
and this may be done if they are kept in an inferior station, and not
exposed to injustice. Nor has he treated well the equality of goods, for
he has extended his regulation only to land; whereas a man's substance
consists not only in this, but also in slaves, cattle, money, and all
that variety of things which fall under the name of chattels; now there
must be either an equality established in all these, or some certain
rule, or they must be left entirely at large. It appears too by his
laws, that he intends to establish only a small state, as all the
artificers are to belong to the public, and add nothing to the
complement of citizens; but if all those who are to be employed in
public works are to be the slaves of the public, it should be done
in the same manner as it is at Epidamnum, and as Diophantus formerly
regulated it at Athens. From these particulars any one may nearly judge
whether Phaleas's community is well or ill established.
CHAPTER VIII
Hippodamus, the son of Euruphon a Milesian, contrived the art of laying
out towns, and separated the Pireus. This man was in other respects
too eager after notice, and seemed to many to live in a very affected
manner, with his flowing locks and his expensive ornaments, and a coarse
warm vest which he wore, not only in the winter, but also in the
hot weather. As he was very desirous of the character of a universal
scholar, he was the first who, not being actually engaged in the
management of public affairs, sat himself to inquire what sort of
government was best; and he planned a state, consisting of ten thousand
persons, divided into three parts, one consisting of artisans, another
of husbandmen, and the third of soldiers; he also divided the lands into
three parts, and allotted one to sacred purposes, another to the public,
and the third to individuals. The first of these was to supply what was
necessary for the established worship of the gods; the second was to
be allotted to the support of the soldiery; and the third was to be
the property of the husbandman. He thought also that there need only be
three sorts of laws, corresponding to the three sorts of actions which
can be brought, namely, for assault, trespasses, or death. He ordered
also that there should be a particular court of appeal, into which
all causes might be removed which were supposed to have been unjustly
determined elsewhere; which court should be composed of old men chosen
for that purpose. He thought also [1268a] that they should not pass
sentence by votes; but that every one should bring with him a tablet, on
which he should write, that he found the party guilty, if it was so, but
if not, he should bring a plain tablet; but if he acquitted him of one
part of the indictment but not of the other, he should express that
also on the tablet; for he disapproved of that general custom already
established, as it obliges the judges to be guilty of perjury if they
determined positively either on the one side or the other. He also made
a law, that those should be rewarded who found out anything for the good
of the city, and that the children of those who fell in battle should be
educated at the public expense; which law had never been proposed by any
other legislator, though it is at present in use at Athens as well as in
other cities, he would have the magistrates chosen out of the people
in general, by whom he meant the three parts before spoken of; and that
those who were so elected should be the particular guardians of what
belonged to the public, to strangers, and to orphans.
These are the principal parts and most worthy of notice in Hippodamus's
plan. But some persons might doubt the propriety of his division of the
citizens into three parts; for the artisans, the husbandmen, and the
soldiers are to compose one community, where the husbandmen are to have
no arms, and the artisans neither arms nor land, which would in a manner
render them slaves to the soldiery. It is also impossible that the whole
community should partake of all the honourable employments in it--for
the generals and the guardians of the state must necessarily be
appointed out of the soldiery, and indeed the most honourable
magistrates; but as the two other parts will not have their share in the
government, how can they be expected to have any affection for it? But
it is necessary that the soldiery should be superior to the other two
parts, and this superiority will not be easily gained without they are
very numerous; and if they are so, why should the community consist
of any other members? why should any others have a right to elect the
magistrates? Besides, of what use are the husbandmen to this community?
Artisans, 'tis true, are necessary, for these every city wants, and they
can live upon their business. If the husbandmen indeed furnished the
soldiers with provisions, they would be properly part of the community;
but these are supposed to have their private property, and to cultivate
it for their own use. Moreover, if the soldiers themselves are to
cultivate that common land which is appropriated for their support,
there will be no distinction between the soldier and the husbandman,
which the legislator intended there should be; and if there should be
any others who are to cultivate the private property of the husbandman
and the common lands of the military, there will be a fourth order in
the state which will have no share in it, and always entertain hostile
sentiments towards it. If any one should propose that the same persons
should cultivate their own lands and the public ones also, then there
would be a deficiency [1268b] of provisions to supply two families,
as the lands would not immediately yield enough for themselves and the
soldiers also; and all these things would occasion great confusion.
Nor do I approve of his method of determining causes, when he would
have the judge split the case which comes simply before him; and thus,
instead of being a judge, become an arbitrator. Now when any matter
is brought to arbitration, it is customary for many persons to confer
together upon the business that is before them; but when a cause is
brought before judges it is not so; and many legislators take care
that the judges shall not have it in their power to communicate their
sentiments to each other. Besides, what can prevent confusion on the
bench when one judge thinks a fine should be different from what another
has set it at; one proposing twenty minae, another ten, or be it more
or less, another four, and another five; and it is evident, that in this
manner they will differ from each other, while some will give the whole
damages sued for, and others nothing; in this situation, how shall their
determinations be settled? Besides, a judge cannot be obliged to perjure
himself who simply acquits or condemns, if the action is fairly and
justly brought; for he who acquits the party does not say that he ought
not to pay any fine at all, but that he ought not to pay a fine of
twenty minae. But he that condemns him is guilty of perjury if he
sentences him to pay twenty minae while he believes the damages ought
not to be so much.
Now with respect to these honours which he proposes to bestow on those
who can give any information useful to the community, this, though very
pleasing in speculation, is what the legislator should not settle, for
it would encourage informers, and probably occasion commotions in the
state. And this proposal of his gives rise also to further conjectures
and inquiries; for some persons have doubted whether it is useful or
hurtful to alter the established law of any country, if even for the
better; for which reason one cannot immediately determine upon what he
here says, whether it is advantageous to alter the law or not. We know,
indeed, that it is possible to propose to new model both the laws and
government as a common good; and since we have mentioned this subject,
it may be very proper to enter into a few particulars concerning it, for
it contains some difficulties, as I have already said, and it may appear
better to alter them, since it has been found useful in other sciences.
Thus the science of physic is extended beyond its ancient bounds; so is
the gymnastic, and indeed all other arts and powers; so that one may lay
it down for certain that the same thing will necessarily hold good in
the art of government. And it may also be affirmed, that experience