Politics: A Treatise on Government
itself gives a proof of this; for the ancient laws are too simple and
barbarous; which allowed the Greeks to wear swords in the city, and to
buy their wives of each [1269a]. other. And indeed all the remains of
old laws which we have are very simple; for instance, a law in Cuma
relative to murder. If any person who prosecutes another for murder can
produce a certain number of witnesses to it of his own relations, the
accused person shall be held guilty. Upon the whole, all persons ought
to endeavour to follow what is right, and not what is established; and
it is probable that the first men, whether they sprung out of the earth,
or were saved from some general calamity, had very little understanding
or knowledge, as is affirmed of these aborigines; so that it would be
absurd to continue in the practice of their rules. Nor is it, moreover,
right to permit written laws always to remain without alteration; for
as in all other sciences, so in politics, it is impossible to express
everything in writing with perfect exactness; for when we commit
anything to writing we must use general terms, but in every action there
is something particular to itself, which these may not comprehend; from
whence it is evident, that certain laws will at certain times admit of
alterations. But if we consider this matter in another point of view, it
will appear to require great caution; for when the advantage proposed is
trifling, as the accustoming the people easily to abolish their laws
is of bad consequence, it is evidently better to pass over some faults
which either the legislator or the magistrates may have committed; for
the alterations will not be of so much service as a habit of disobeying
the magistrates will be of disservice. Besides, the instance brought
from the arts is fallacious; for it is not the same thing to alter the
one as the other. For a law derives all its strength from custom, and
this requires long time to establish; so that, to make it an easy matter
to pass from the established laws to other new ones, is to weaken the
power of laws. Besides, here is another question; if the laws are to be
altered, are they all to be altered, and in every government or not, and
whether at the pleasure of one person or many? all which particulars
will make a great difference; for which reason we will at present drop
the inquiry, to pursue it at some other time.
CHAPTER IX
There are two considerations which offer themselves with respect to the
government established at Lacedaemon and Crete, and indeed in almost all
other states whatsoever; one is whether their laws do or do not promote
the best establishment possible? the other is whether there is anything,
if we consider either the principles upon which it is founded or the
executive part of it, which prevents the form of government that they
had proposed to follow from being observed; now it is allowed that in
every well-regulated state the members of it should be free from servile
labour; but in what manner this shall be effected is not so easy to
determine; for the Penestse have very often attacked the Thessalians,
and the Helots the Lacedaemonians, for they in a manner continually
watch an opportunity for some misfortune befalling them. But no such
thing has ever happened to the Cretans; the [1269b] reason for which
probably is, that although they are engaged in frequent wars with the
neighbouring cities, yet none of these would enter into an alliance with
the revolters, as it would be disadvantageous for them, who themselves
also have their villains. But now there is perpetual enmity between the
Lacedaemonians and all their neighbours, the Argives, the Messenians,
and the Arcadians. Their slaves also first revolted from the Thessalians
while they were engaged in wars with their neighbours the Acheans, the
Perrabeans, and the Magnesians. It seems to me indeed, if nothing else,
yet something very troublesome to keep upon proper terms with them;
for if you are remiss in your discipline they grow insolent, and think
themselves upon an equality with their masters; and if they are hardly
used they are continually plotting against you and hate you. It is
evident, then, that those who employ slaves have not as yet hit upon the
right way of managing them.
As to the indulging of women in any particular liberties, it is hurtful
to the end of government and the prosperity of the city; for as a man
and his wife are the two parts of a family, if we suppose a city to be
divided into two parts, we must allow that the number of men and women
will be equal.
In whatever city then the women are not under good regulations, we must
look upon one half of it as not under the restraint of law, as it
there happened; for the legislator, desiring to make his whole city
a collection of warriors with respect to the men, he most evidently
accomplished his design; but in the meantime the women were quite
neglected, for they live without restraint in every improper indulgence
and luxury. So that in such a state riches will necessarily be in
general esteem, particularly if the men are governed by their wives,
which has been the case with many a brave and warlike people except
the Celts, and those other nations, if there are any such, who openly
practise pederasty. And the first mythologists seem not improperly to
have joined Mars and Venus together; for all nations of this character
are greatly addicted either to the love of women or of boys, for which
reason it was thus at Lacedaemon; and many things in their state were
done by the authority of the women. For what is the difference, if the
power is in the hands of the women, or in the hands of those whom they
themselves govern? it must turn to the same account. As this boldness of
the women can be of no use in any common occurrences, if it was ever so,
it must be in war; but even here we find that the Lacedaemonian women
were of the greatest disservice, as was proved at the time of the Theban
invasion, when they were of no use at all, as they are in other cities,
but made more disturbance than even the enemy.
The origin of this indulgence which the Lacedaemonian women enjoy is
easily accounted for, from the long time the men were absent from home
upon foreign expeditions [1270a] against the Argives, and afterwards the
Arcadians and Messenians, so that, when these wars were at an end, their
military life, in which there is no little virtue, prepared them to obey
the precepts of their law-giver; but we are told, that when Lycurgus
endeavoured also to reduce the women to an obedience to his laws, upon
their refusal he declined it. It may indeed be said that the women were
the causes of these things, and of course all the fault was theirs. But
we are not now considering where the fault lies, or where it does not
lie, but what is right and what is wrong; and when the manners of the
women are not well regulated, as I have already said, it must not only
occasion faults which are disgraceful to the state, but also increase
the love of money. In the next place, fault may be found with his
unequal division of property, for some will have far too much, others
too little; by which means the land will come into few hands, which
business is badly regulated by his laws. For he made it infamous for any
one either to buy or sell their possessions, in which he did right; but
he permitted any one that chose it to give them away, or bequeath them,
although nearly the same consequences will arise from one practice as
from the other. It is supposed that near two parts in five of the whole
country is the property of women, owing to their being so often sole
heirs, and having such large fortunes in marriage; though it would
be better to allow them none, or a little, or a certain regulated
proportion. Now every one is permitted to make a woman his heir if he
pleases; and if he dies intestate, he who succeeds as heir at law gives
it to whom he pleases. From whence it happens that although the country
is able to support fifteen hundred horse and thirty thousand foot, the
number does not amount to one thousand.
And from these facts it is evident, that this particular is badly
regulated; for the city could not support one shock, but was ruined for
want of men. They say, that during the reigns of their ancient kings
they used to present foreigners with the freedom of their city, to
prevent there being a want of men while they carried on long wars; it is
also affirmed that the number of Spartans was formerly ten thousand; but
be that as it will, an equality of property conduces much to increase
the number of the people. The law, too, which he made to encourage
population was by no means calculated to correct this inequality;
for being willing that the Spartans should be as numerous as [1270b]
possible, to make them desirous of having large families he ordered that
he who had three children should be excused the night-watch, and that he
who had four should pay no taxes: though it is very evident, that while
the land was divided in this manner, that if the people increased there
must many of them be very poor.
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