Politics: A Treatise on Government
democracy will be a particular species according to that class of
men which may happen to be most numerous: thus, should these be the
husbandmen, it will be of these, and the best; if of mechanics and those
who hire themselves out, the worst possible: in the same manner it may
be of any other set between these two. But when the rich and the noble
prevail more by their quality than they are deficient in quantity, there
an oligarchy ensues; and this oligarchy may be of different species,
according to the nature of the prevailing party. Every legislator in
framing his constitution ought to have a particular regard to those in
the middle rank of life; and if he intends an oligarchy, these should
be the object of his laws; if a democracy, to these they should be
entrusted; and whenever their number exceeds that of the two others, or
at least one of them, they give [1297a] stability to the constitution;
for there is no fear that the rich and the poor should agree to conspire
together against them, for neither of these will choose to serve the
other. If any one would choose to fix the administration on the widest
basis, he will find none preferable to this; for to rule by turns is
what the rich and the poor will not submit to, on account of their
hatred to each other. It is, moreover, allowed that an arbitrator is the
most proper person for both parties to trust to; now this arbitrator is
the middle rank.
Those who would establish aristocratical governments are mistaken not
only in giving too much power to the rich, but also in deceiving the
common people; for at last, instead of an imaginary good, they must feel
a real evil, for the encroachments of the rich are more destructive to
the state than those of the poor.
CHAPTER XIII
There are five particulars in which, under fair pretences, the rich
craftily endeavour to undermine the rights of the people, these are
their public assemblies, their offices of state, their courts of
justice, their military power, and their gymnastic exercises. With
respect to their public assemblies, in having them open to all, but in
fining the rich only, or others very little, for not attending; with
respect to offices, in permitting the poor to swear off, but not
granting this indulgence to those who are within the census;
with respect to their courts of justice, in fining the rich for
non-attendance, but the poor not at all, or those a great deal, and
these very little, as was done by the laws of Charondas. In some
places every citizen who was enrolled had a right to attend the public
assemblies and to try causes; which if they did not do, a very heavy
fine was laid upon them; that through fear of the fine they might avoid
being enrolled, as they were then obliged to do neither the one nor the
other. The same spirit of legislation prevailed with respect to their
bearing arms and their gymnastic exercises; for the poor are excused if
they have no arms, but the rich are fined; the same method takes place
if they do not attend their gymnastic exercises, there is no penalty on
one, but there is on the other: the consequence of which is, that the
fear of this penalty induces the rich to keep the one and attend the
other, while the poor do neither. These are the deceitful contrivances
of oligarchical legislators.
The contrary prevails in a democracy; for there they make the poor a
proper allowance for attending the assemblies and the courts, but give
the rich nothing for doing it: whence it is evident, that if any one
would properly blend these customs together, they must extend both the
pay and the fine to every member of the community, and then every one
would share in it, whereas part only now do. The citizens of a free
state ought to [1297b] consist of those only who bear arms: with respect
to their census it is not easy to determine exactly what it ought to be,
but the rule that should direct upon this subject should be to make it
as extensive as possible, so that those who are enrolled in it make up
a greater part of the people than those who are not; for those who are
poor, although they partake not of the offices of the state, are willing
to live quiet, provided that no one disturbs them in their property: but
this is not an easy matter; for it may not always happen, that those who
are at the head of public affairs are of a humane behaviour. In time
of war the poor are accustomed to show no alacrity without they have
provisions found them; when they have, then indeed they are willing to
fight.
In some governments the power is vested not only in those who bear arms,
but also in those who have borne them. Among the Malienses the state was
composed of these latter only, for all the officers were soldiers who
had served their time. And the first states in Greece which succeeded
those where kingly power was established, were governed by the military.
First of all the horse, for at that time the strength and excellence of
the army depended on the horse, for as to the heavy-armed foot they were
useless without proper discipline; but the art of tactics was not known
to the ancients, for which reason their strength lay in their horse: but
when cities grew larger, and they depended more on their foot, greater
numbers partook of the freedom of the city; for which reason what we
call republics were formerly called democracies. The ancient governments
were properly oligarchies or kingdoms; for on account of the few persons
in each state, it would have been impossible to have found a sufficient
number of the middle rank; so these being but few, and those used to
subordination, they more easily submitted to be governed.
We have now shown why there are many sorts of governments, and others
different from those we have treated of: for there are more species of
democracies than one, and the like is true of other forms, and what are
their differences, and whence they arise; and also of all others
which is the best, at least in general; and which is best suited for
particular people.
CHAPTER XIV
We will now proceed to make some general reflections upon the
governments next in order, and also to consider each of them in
particular; beginning with those principles which appertain to each: now
there are three things in all states which a careful legislator ought
well to consider, which are of great consequence to all, and which
properly attended to the state must necessarily be happy; and according
to the variation of which the one will differ from the other. The first
of these is the [1298a] public assembly; the second the officers of the
state, that is, who they ought to be, and with what power they should be
entrusted, and in what manner they should be appointed; the third, the
judicial department.
Now it is the proper business of the public assembly to determine
concerning war and peace, making or breaking off alliances, to enact
laws, to sentence to death, banishment, or confiscation of goods, and to
call the magistrates to account for their behaviour when in office. Now
these powers must necessarily be entrusted to the citizens in general,
or all of them to some; either to one magistrate or more; or some to
one, and some to another, or some to all, but others to some: to entrust
all to all is in the spirit of a democracy, for the people aim at
equality. There are many methods of delegating these powers to the
citizens at large, one of which is to let them execute them by turn, and
not altogether, as was done by Tellecles, the Milesian, in his state. In
others the supreme council is composed of the different magistrates,
and they succeed to the offices of the community by proper divisions of
tribes, wards, and other very small proportions, till every one in his
turn goes through them: nor does the whole community ever meet together,
without it is when new laws are enacted, or some national affair is
debated, or to hear what the magistrates have to propose to them.
Another method is for the people to meet in a collective body, but
only for the purpose of holding the comitia, making laws, determining
concerning war or peace, and inquiring into the conduct of their
magistrates, while the remaining part of the public business is
conducted by the magistrates, who have their separate departments, and
are chosen out of the whole community either by vote or ballot. Another
method is for the people in general to meet for the choice of the
magistrates, and to examine into their conduct; and also to deliberate
concerning war and alliances, and to leave other things to the
magistrates, whoever happen to be chosen, whose particular employments
are such as necessarily require persons well skilled therein. A fourth
method is for every person to deliberate upon every subject in public
assembly, where the magistrates can determine nothing of themselves, and
have only the privilege of giving their opinions first; and this is the
method of the most pure democracy, which is analogous to the proceedings
in a dynastic oligarchy and a tyrannic monarchy.
These, then, are the methods in which public business is conducted in a
democracy. When the power is in the hands of part of the community
only, it is an oligarchy and this also admits of different customs; for
whenever the officers of the state are chosen out of those who have a
moderate fortune, and these from that circumstance are many, and
when they depart not from that line which the law has laid down, but
carefully follow it, and when all within the census are eligible,
certainly it is then an oligarchy, but founded on true principles of
government [1298b] from its moderation. When the people in general do
not partake of the deliberative power, but certain persons chosen for
that purpose, who govern according to law; this also, like the first,
is an oligarchy. When those who have the deliberative power elect each
other, and the son succeeds to the father, and when they can supersede
the laws, such a government is of necessity a strict oligarchy. When
some persons determine on one thing, and others on another, as war and
peace, and when all inquire into the conduct of their magistrates, and
other things are left to different officers, elected either by vote or
lot, then the government is an aristocracy or a free state. When some
are chosen by vote and others by lot, and these either from the people
in general, or from a certain number elected for that purpose, or if
both the votes and the lots are open to all, such a state is partly an
aristocracy, partly a free government itself. These are the different
methods in which the deliberative power is vested in different states,
all of whom follow some regulation here laid down. It is advantageous to
a democracy, in the present sense of the word, by which I mean a state
wherein the people at large have a supreme power, even over the laws, to
hold frequent public assemblies; and it will be best in this particular
to imitate the example of oligarchies in their courts of justice; for
they fine those who are appointed to try causes if they do not attend,
so should they reward the poor for coming to the public assemblies:
and their counsels will be best when all advise with each other, the
citizens with the nobles, the nobles with the citizens. It is also
advisable when the council is to be composed of part of the citizens, to
elect, either by vote or lot, an equal number of both ranks. It is also
proper, if the common people in the state are very numerous, either not
to pay every one for his attendance, but such a number only as will make
them equal to the nobles, or to reject many of them by lot.
In an oligarchy they should either call up some of the common people to
the council, or else establish a court, as is done in some other states,