Athenian Stranger. Next, with the help of the Delphian oracle, we have
to institute festivals and make laws about them, and to determine what
sacrifices will be for the good of the city, and to what Gods they shall be
offered; but when they shall be offered, and how often, may be partly
regulated by us.
Cleinias. The number-yes.
Ath. Then we will first determine the number; and let the whole
number be 365-one for every day-so that one magistrate at least will
sacrifice daily to some God or demi-god on behalf of the city, and the
citizens, and their possessions. And the interpreters, and priests, and
priestesses, and prophets shall meet, and, in company with the guardians of
the law, ordain those things which the legislator of necessity omits; and I
may remark that they are the very persons who ought to take note of what is
omitted. The law will say that there are twelve feasts dedicated to the
twelve Gods, after whom the several tribes are named; and that to each of
them they shall sacrifice every month, and appoint choruses, and musical and
gymnastic contests, assigning them so as to suit the Gods and seasons of the
year. And they shall have festivals for women, distinguishing those which
ought to be separated from the men's festivals, and those which ought not.
Further, they shall not confuse the infernal deities and their rites with
the Gods who are termed heavenly and their rites, but shall separate them,
giving to Pluto his own in the twelfth month, which is sacred to him,
according to the law. To such a deity warlike men should entertain no
aversion, but they should honour him as being always the best friend of man.
For the connection of soul and body is no way better than the dissolution of
them, as I am ready to maintain quite seriously. Moreover, those who would
regulate these matters rightly should consider, that our city among existing
cities has fellow, either in respect of leisure or comin and of the
necessaries of life, and that like an individual she ought to live happily.
And those who would live happily should in the first place do no wrong to
one another, and ought not themselves to be wronged by others; to attain the
first is not difficult, but there is great difficulty, in acquiring the
power of not being wronged. No man can be perfectly secure against wrong,
unless he has become perfectly good; and cities are like individuals in
this, for a city if good has a life of peace, but if evil, a life of war
within and without. Wherefore the citizens ought to practise war-not in time
of war, but rather while they are at peace. And every city which has any
sense, should take the field at least for one day in every month; and for
more if the magistrates think fit, having no regard to winter cold or summer
heat; and they should go out en masse, including their wives and their
children, when the magistrates determine to lead forth the whole people, or
in separate portions when summoned by them; and they should always provide
that there should be games and sacrificial feasts, and they should have
tournaments, imitating in as lively a manner as they can real battles. And
they should distribute prizes of victory and valour to the competitors,
passing censures and encomiums on one another according to the characters
which they bear in the contests and their whole life, honouring him who
seems to be the best, and blaming him who is the opposite. And let poets
celebrate the victors-not however every poet, but only one who in the first
place is not less than fifty years of age; nor should he be one who,
although he may have musical and poetical gifts, has never in his life done
any noble or illustrious action; but those who are themselves good and also
honourable in the state, creators of noble actions-let their poems be sung,
even though they be not very musical. And let the judgment of them rest with
the instructor of youth and the other guardians of the laws, who shall give
them this privilege, and they alone shall be free to sing; but the rest of
the world shall not have this liberty. Nor shall any one dare to sing a song
which has not been approved by the judgment of the guardians of the laws,
not even if his strain be sweeter than the songs of Thamyras and Orpheus;
but only and Orpheus; but only such poems as have been judged sacred and
dedicated to the Gods, and such as are the works of good men, which praise
of blame has been awarded and which have been deemed to fulfil their design
fairly.
The regulations about and about liberty of speech in poitry, ought to apply
equally to men and women. The legislator may be supposed to argue the
question in his own mind:-Who are my citizens for whom I have set in order
the city? Are they not competitors in the greatest of all contests, and have
they not innumerable rivals? To be sure, will be the natural, reply. Well,
but if we were training boxers, or pancratiasts, or any other sort of
athletes, would they never meet until the hour of contest arrived; and
should we do nothing to prepare ourselves previously by daily practice?
Surely, if we were boxers we should have been learning to fight for many
days before, and exercising ourselves in imitating all those blows and wards
which we were intending to use in the hour of conflict; and in order that we
might come as near to reality as possible, instead of cestuses we should put
on boxing gloves, that the blows and the wards might be practised by us to
the utmost of our power. And if there were a lack of competitors, the
ridicule of fools would ryot deter us from hanging up a lifeless image and
practising at that. Or if we had no adversary at all, animate or inanimate,
should we not venture in the dearth of antagonists to spar by ourselves? In
what other manner could we ever study the art of self-defence?
Cle. The way which you mention Stranger, would be the only way.
Ath. And shall the warriors of our city, who are destined when
occasion calli to enter the greatest of all contests, and to fight for their
lives, and their children, and their property, and the whole city, be worse
prepared than boxers? And will the legislator, because he is afraid that
their practising with one another may appear to some ridiculous, abstain
from commanding them to go out and fight; will he not ordain that soldiers
shall perform lesser exercises without arms every day, making dancing and
all gymnastic tend to this end; and also will he not require that they shall
practise some gymnastic exercises, greater as well as lesser, as often as
every month; and that they shall have contests one with another in every
part of the country, seizing upon posts and lying in ambush, and imitating
in every respect the reality of war; fighting with boxing-gloves and hurling
javelins, and using weapons somewhat dangerous, and as nearly as possible
like the true ones, in order that the sport may not be altogether without
fear, but may have terrors and to a certain degree show the man who has and
who has not courage; and that the honour and dishonour which are assigned to
them respectively, may prepare the whole city for the true conflict of life?
If any one dies in these mimic contests, the homicide is involuntary, and we
will make the slayer, when he has been purified according to law, to be pure
of blood, considering that if a few men should die, others as good as they
will be born; but that if fear is dead then the citizens will never find a
test of superior and inferior natures, which is a far greater evil to the
state than the loss of a few.
Cle. We are quite agreed, Stranger, that we should legislate about
such things, and that the whole state should practise them supposed
Ath. And what is the reason that dances and contests of this sort
hardly ever exist in states, at least not to any extent worth speaking of?
Is this due to the ignorance of mankind and their legislators?
Cle. Perhaps.
Ath. Certainly not, sweet Cleinias; there are two causes, which are
quite enough to account for the deficiency.
Cle. What are they?
Ath. One cause is the love of wealth, which wholly absorbs men, and
never for a moment allows them to think of anything but their own private
possessions; on this the soul of every citizen hangs suspended, and can
attend to nothing but his daily gain; mankind are ready to learn any branch
of knowledge, and to follow any pursuit which tends to this end, and they
laugh at every other:-that is one reason why a city will not be in earnest
about such contests or any other good and honourable pursuit. But from an
insatiable love of gold and silver, every man will stoop to any art or
contrivance, seemly or unseemly, in the hope of becoming rich; and will make
no objection to performing any action, holy, or unholy and utterly base, if
only like a beast he have the power of eating and drinking all kinds of
things, and procuring for himself in every sort of way the gratification of
his lusts.
Cle. True.
Ath. Let this, then, be deemed one of the causes which prevent states
from pursuing in an efficient manner the art of war, or any other noble aim,
but makes the orderly and temperate part of mankind into merchants, and
captains of ships, and servants, and converts the valiant sort into thieves
and burglars and robbers of temples, and violent, tyrannical persons; many
of whom are not without ability, but they are unfortunate.
Cle. What do you mean?
Ath. Must not they be truly unfortunate whose souls are compelled to
pass through life always hungering?
Cle. Then that is one cause, Stranger; but you spoke of another.
Ath. Thank you for reminding me.
Cle. The insatiable life long love of wealth, as you were saying is
one clause which absorbs mankind, and prevents them from rightly practising
the arts of war:-Granted; and now tell me, what is the other?
Ath. Do you imagine that I delay because I am in a perplexity?
Cle. No; but we think that you are too severe upon the money-loving
temper, of which you seem in the present discussion to have a peculiar
dislike.
Ath. That is a very fair rebuke, Cleinias; and I will now proceed to
the second cause.
Cle. Proceed.
Ath. I say that governments are a cause-democracy, oligarchy,
tyranny, concerning which I have often spoken in the previous discourse; or
rather governments they are not, for none of them exercises a voluntary rule
over voluntary subjects; but they may be truly called states of discord, in
which while the government is voluntary, the subjects always obey against
their will, and have to be coerced; and the ruler fears the subject, and
will not, if he can help, allow him to become either noble, or rich, or
strong, or valiant, or warlike at all. These two are the chief causes of
almost all evils, and of the evils of which I have been speaking they are
notably the causes. But our state has escaped both of them; for her citizens
have the greatest leisure, and they are not subject to one another, and
will, I think, be made by these laws the reverse of lovers of money. Such a
constitution may be reasonably supposed to be the only one existing which
will accept the education which we have described, and the martial pastimes
which have been perfected according to our idea.
Cle. True.
Ath. Then next we must remember, about all gymnastic contests, that
only the warlike sort of them are to be practised and to have prizes of
victory; and those which are not military are to be given up. The military
sort had better be completely described and established by law; and first,
let us speak of running and swiftness.
Cle. Very good.
Ath. Certainly the most military of all qualities is general activity
of body, whether of foot or hand. For escaping or for capturing an enemy,
quickness of foot is required; but hand-to-hand conflict and combat need
vigour and strength.
Cle. Very true.
Ath. Neither of them can attain their greatest efficiency without
arms.
Cle. How can they?
Ath. Then our herald, in accordance with the prevailing practice,
will first summon the runner;-he will appear armed, for to an unarmed
competitor we will not give a prize. And he shall enter first who is to run
the single course bearing arms; next, he who is to run the double course;
third, he who is to run the horse-course; and fourthly, he who is to run the
long course; the fifth whom we start, shall be the first sent forth in heavy
armour, and shall run a course of sixty stadia to some temple of Ares-and we
will send forth another, whom we will style the more heavily armed, to run
over smoother ground. There remains the archer; and he shall run in the full
equipments of an archer a distance of 100 stadia over mountains, and across
every sort of country, to a temple of Apollo and Artemis; this shall be the
order of the contest, and we will wait for them until they return, and will
give a prize to the conqueror in each.
Cle. Very good.
Ath. Let us suppose that there are three kinds of contests-one of
boys, another of beardless youths, and a third of men. For the youths we
will fix the length of the contest at two-thirds, and for the boys at half
of the entire course, whether they contend as archers or as heavy armed.
Touching the women, let the girls who are not grown up compete naked in the
stadium and the double course, and the horse-course and the long course, and
let them run on the race-ground itself; those who are thirteen years of age
and upwards until their marriage shall continue to share in contests if they
are not more than twenty, and shall be compelled to run up to eighteen; and
they shall descend into the arena in suitable dresses. Let these be the
regulations about contests in running both for men and women.
Respecting contests of strength, instead of wrestling and similar contests
of the heavier sort, we will institute conflicts in armour of one against
one, and two against two, and so on up to ten against ten. As to what a man
ought not to suffer or do, and to what extent, in order to gain the
victory-as in wrestling, the masters of the art have laid down what is fair
and what is not fair, so in fighting in armour-we ought to call in skilful
persons, who shall judge for us and be our assessors in the work of
legislation; they shall say who deserves to be victor in combats of this
sort, and what he is not to do or have done to him, and in like manner what
rule determines who is defeated; and let these ordinances apply to women
until they married as well as to men. The pancration shall have a
counterpart in a combat of the light armed; they shall contend with bows and
with light shields and with javelins and in the throwing of stones by slings
and by hand: and laws shall be made about it, and rewards and prizes given
to him who best fulfils the ordinances of the law.
Next in order we shall have to legislate about the horse contests. Now we do
not need many horses, for they cannot be of much use in a country like
Crete, and hence we naturally do not take great pains about the rearing of
them or about horse races. There is no one who keeps a chariot among us, and
any rivalry in such matters would be altogether out of place; there would be
no sense nor any shadow of sense in instituting contests which are not after
the manner of our country. And therefore we give our prizes for single
horses-for colts who have not yet cast their teeth, and for those who are
intermediate, and for the full-grown horses themselves; and thus our
equestrian games will accord with the nature of the country. Let them have
conflict and rivalry in these matters in accordance with the law, and let
the colonels and generals of horse decide together about all courses and
about the armed competitors in them. But we have nothing to say to the
unarmed either in gymnastic exercises or in these contests. On the other
hand, the Cretan bowman or javelin-man who fights in armour on horseback is
useful, and therefore we may as well place a competition of this sort among
amusements. Women are not to be forced to compete by laws and ordinances;
but if from previous training they have acquired the habit and are strong
enough and like to take part, let them do so, girls as well as boys, and no
blame to them.
Thus the competition in gymnastic and the mode of learning it have been
described; and we have spoken also of the toils of the contest, and of daily
exercises under the superintendence of masters. Likewise, what relates to
music has been, for the most part, completed. But as to rhapsodes and the
like, and the contests of choruses which are to perform at feasts, all this
shall be arranged when the months and days and years have been appointed for
Gods and demi-gods, whether every third year, or again every fifth year, or
in whatever way or manner the Gods may put into men's minds the distribution
and order of them. At the same time, we may expect that the musical contests
will be celebrated in their turn by the command of the judges and the
director of education and the guardians of the law meeting together for this
purpose, and themselves becoming legislators of the times and nature and
conditions of the choral contests and of dancing in general. What they ought
severally to be in language and song, and in the admixture of harmony with
rhythm and the dance, has been often declared by the original legislator;
and his successors ought to follow him, making the games and sacrifices duly
to correspond at fitting times, and appointing public festivals. It is not
difficult to determine how these and the like matters may have a regular
order; nor, again, will the alteration of them do any great good or harm to
the state. There is, however, another matter of great importance and
difficulty, concerning which God should legislate, if there were any
possibility of obtaining from him an ordinance about it. But seeing that
divine aid is not to be had, there appears to be a need of some bold man who
specially honours plainness of speech, and will say outright what he thinks
best for the city and citizens-ordaining what is good and convenient for the
whole state amid the corruptions of human souls, opposing the mightiest
lusts, and having no man his helper but himself standing alone and following
reason only.
Cle. What is this, Stranger, that you are saying? For we do not as
yet understand your meaning.
Ath. Very likely; I will endeavour to explain myself more clearly.
When I came to the subject of education, I beheld young men and maidens
holding friendly intercourse with one another. And there naturally arose in
my mind a sort of apprehension-I could not help thinking how one is to deal
with a city in which youths and maidens are well nurtured, and have nothing
to do, and are not undergoing the excessive and servile toils which
extinguish wantonness, and whose only cares during their whole life are
sacrifices and festivals and dances. How, in such a state as this, will they
abstain from desires which thrust many a man and woman into perdition; and
from which reason, assuming the functions of law, commands them to abstain?
The ordinances already made may possibly get the better of most of these
desires; the prohibition of excessive wealth is a very considerable gain in
the direction of temperance, and the whole education of our youth imposes a
law of moderation on them; moreover, the eye of the rulers is required
always to watch over the young, and never to lose sight of them; and these
provisions do, as far as human means can effect anything, exercise a
regulating influence upon the desires in general. But how can we take
precautions against the unnatural loves of either sex, from which
innumerable evils have come upon individuals and cities? How shall we devise
a remedy and way of escape out of so great a danger? Truly, Cleinias, here
is a difficulty. In many ways Crete and Lacedaemon furnish a great help to
those who make peculiar laws; but in the matter of love, as we are alone, I
must confess that they are quite against us. For if any one following nature
should lay down the law which existed before the days of Laius, and denounce
these lusts as contrary to nature, adducing the animals as a proof that such
unions were monstrous, he might prove his point, but he would be wholly at
variance with the custom of your states. Further, they are repugnant to a
principle which we say that a legislator should always observe; for we are
always enquiring which of our enactments tends to virtue and which not. And
suppose we grant that these loves are accounted by law to be honourable, or
at least not disgraceful, in what degree will they contribute to virtue?
Will such passions implant in the soul of him who is seduced the habit of
courage, or in the soul of the seducer the principle of temperance? Who will
ever believe this?-or rather, who will not blame the effeminacy of him who
yields to pleasures and is unable to hold out against them? Will not all men
censure as womanly him who imitates the woman? And who would ever think of
establishing such a practice by law? Certainly no one who had in his mind
the image of true law. How can we prove, that what I am saying is true? He
who would rightly consider these matters must see the nature of friendship
and desire, and of these so-called loves, for they are of two kinds, and out
of the two arises a third kind, having the same name; and this similarity of
name causes all the difficulty and obscurity.
Cle. How is that?
Ath. Dear is the like in virtue to the like, and the equal to the
equal; dear also, though unlike, is he who has abundance to him who is in
want. And when either of these friendships becomes excessive, we term the
excess love.
Cle. Very true.
Ath. The friendship which arises from contraries is horrible and
coarse, and has often no tie of communion; but that which, arises from
likeness is gentle, and has a tie of communion which lasts through life. As
to the mixed sort which is made up of them both, there is, first of all, a
in determining what he who is possessed by this third love desires;
moreover, he is drawn different ways, and is in doubt between the two
principles; the one exhorting him to enjoy the beauty of youth, and the
other forbidding him. For the one is a lover of the body, and hungers after
beauty, like ripe fruit, and would fain satisfy himself without any regard
to the character of the beloved; the other holds the desire of the body to
be a secondary matter, and looking rather than loving and with his soul
desiring the soul of the other in a becoming manner, regards the
satisfaction of the bodily love as wantonness; he reverences and respects
temperance and courage and magnanimity and wisdom, and wishes to live
chastely with the chaste object of his affection. Now the sort of love which
is made up of the other two is that which we have described as the third.
Seeing then that there are these three sorts of love, ought the law to
prohibit and forbid them all to exist among us? Is it not rather clear that
we should wish to have in the state the love which is of virtue and which
desires the beloved youth to be the best possible; and the other two, if
possible, we should hinder? What do you say, friend Megillus?
Megillus. I think, Stranger, that you are perfectly right in what you
have been now saying.
Ath. I knew well, my friend, that I should obtain your assent, which
I accept, and therefore have no need to analyse your custom any further.
Cleinias shall be prevailed upon to give me his assent at some other time.
Enough of this; and now let us proceed to the laws.
Meg. Very good.
Ath. Upon reflection I see a way of imposing the law, which, in one
respect, is easy, but, in another, is of the utmost difficulty.
Meg. What do you mean?
Ath. We are all aware that most men, in spite of their lawless
natures, are very strictly and precisely restrained from intercourse with
the fair, and this is not at all against their will, but entirely with their
will.
Meg. When do you mean?
Ath. When any one has a brother or sister who is fair; and about a
son or daughter the same unwritten law holds, and is a most perfect
safeguard, so that no open or secret connection ever takes place between
them. Nor does the thought of such a thing ever enter at all into the minds
of most of them.
Meg. Very true.
Ath. Does not a little word extinguish all pleasures of that sort?
Meg. What word?
Ath. The declaration that they are unholy, hated of God, and most
infamous; and is not the reason of this that no one has ever said the
opposite, but every one from his earliest childhood has heard men speaking
in the same manner about them always and everywhere, whether in comedy or in
the graver language of tragedy? When the poet introduces on the stage a
Thyestes or an Oedipus, or a Macareus having secret intercourse with his
sister, he represents him, when found out, ready to kill himself as the
penalty of his sin.
Meg. You are very right in saying that tradition, if no breath of
opposition ever assails it, has a marvellous power.
Ath. Am I not also right in saying that the legislator who wants to
master any of the passions which master man may easily know how to subdue
them? He will consecrate the tradition of their evil character among all,
slaves and freemen, women and children, throughout the city:-that will be
the surest foundation of the law which he can make.
Meg. Yes; but will he ever succeed in making all mankind use the same
language about them?
Ath. A good objection; but was I not just now saying that I had a way
to make men use natural love and abstain from unnatural, not intentionally
destroying the seeds of human increase, or sowing them in stony places, in
which they will take no root; and that I would command them to abstain too
from any female field of increase in which that which is sown is not likely
to grow? Now if a law to this effect could only be made perpetual, and gain
an authority such as already prevents intercourse of parents and
children-such a law, extending to other sensual desires, and conquering
them, would be the source of ten thousand blessings. For, in the first
place, moderation is the appointment of nature, and deters men from all
frenzy and madness of love, and from all adulteries and immoderate use of
meats and drinks, and makes them good friends to their own wives. And
innumerable other benefits would result if such a could only be enforced. I
can imagine some lusty youth who is standing by, and who, on hearing this
enactment, declares in scurrilous terms that we are making foolish and
impossible laws, and fills the world with his outcry. And therefore I said
that I knew a way of enacting and perpetuating such a law, which was very
easy in one respect, but in another most difficult. There is no difficulty
in seeing that such a law is possible, and in what way; for, as I was
saying, the ordinance once consecrated would master the soul of, every man,
and terrify him into obedience. But matters have now come to such a pass
that even then the desired result seems as if it could not be attained, just
as the continuance of an entire state in the practice of common meals is
also deemed impossible. And although this latter is partly disproven by the
fact of their existence among you, still even in your cities the common
meals of women would be regarded as unnatural and impossible. I was thinking
of the rebelliousness of the human heart when I said that the permanent
establishment of these things is very difficult.
Meg. Very true.
Ath. Shall I try and find some sort of persuasive argument which will
prove to you that such enactments are possible, and not beyond human nature?
Cle. By all means.
Ath. Is a man more likely to abstain from the pleasures of love and
to do what he is bidden about them, when his body is in a good condition, or
when he is in an ill condition, and out of training?
Cle. He will be far more temperate when he is in training.
Ath. And have we not heard of Iccus of Tarentum, who, with a view to
the Olympic and other contests, in his zeal for his art, ind also because he
was of a manly and temperate disposition, never had any connection with a
woman or a youth during the whole time of his training? And the same is said
of Crison and Astylus and Diopompus and many others; and yet, Cleinias, they
were far worse educated in their minds than your and my citizens, and in
their bodies far more lusty.
Cle. No doubt this fact has been often affirmed positively by the
ancients of these athletes.
Ath. And had they; courage to abstain from what is ordinarilly deemed
a pleasure for the sake of a victory in wrestling, running, and the like;
and shall our young men be incapable of a similar endurance for the sake of
a much nobler victory, which is the noblest of all, as from their youth
upwards we will tell them, charming them, as we hope, into the belief of
this by tales and sayings and songs?
Cle. Of what victory are you speaking?
Ath. Of the victory over pleasure, which if they win, they will live
happily; or if they are conquered, the reverse of happily. And, further, may
we not suppose that the fear of impiety will enable them to master that
which other inferior people have mastered?
Cle. I dare say.
Ath. And since we have reached this point in our legislation, and
have fallen into a difficulty by reason of the vices of mankind, I affirm
that our ordinance should simply run in the following terms: Our citizens
ought not to fall below the nature of birds and beasts in general, who are
born in great multitudes, and yet remain until the age for procreation
virgin and unmarried, but when they have reached the proper time of life are
coupled, male and female, and lovingly pair together, and live the rest of
their lives in holiness and innocence, abiding firmly in their original
compact:-surely, we will say to them, you should be better than the animals.
But if they are corrupted by the other Hellenes and the common practice of
barbarians, and they see with their eyes and hear with their ears of the
so-called free love everywhere prevailing among them, and they themselves
are not able to get the better of the temptation, the guardians of the law,
exercising the functions of lawgivers, shall devise a second law against
them.
Cle. And what law would you advise them to pass if this one failed?
Ath. Clearly, Cleinias, the one which would naturally follow.
Cle. What is that?
Ath. Our citizens should not allow pleasures to strengthen with
indulgence, but should by toil divert the aliment and exuberance of them
into other parts of the body; and this will happen if no immodesty be
allowed in the practice of love. Then they will be ashamed of frequent
intercourse, and they will find pleasure, if seldom enjoyed, to be a less
imperious mistress. They should not be found out doing anything of the sort.
Concealment shall be honourable, and sanctioned by custom and made law by
unwritten prescription; on the other hand, to be detected shall be esteemed
dishonourable, but not, to abstain wholly. In this way there will be a
second legal standard of honourable and dishonourable, involving a second
notion of right. Three principles will comprehend all those corrupt natures
whom we call inferior to themselves, and who form but one dass, and will
compel them not to transgress.
Cle. What are they?
Ath. The principle of piety, the love of honour, and the desire of
beauty, not in the body but in the soul. These are, perhaps, romantic
aspirations; but they are the noblest of aspirations, if they could only be
realized in all states, and, God willing, in the matter of love we may be
able to enforce one of two things-either that no one shall venture to touch
any person of the freeborn or noble class except his wedded wife, or sow the
unconsecrated and bastard seed among harlots, or in barren and unnatural
lusts; or at least we may abolish altogether the connection of men with men;
and as to women, if any man has to do with any but those who come into his
house duly married by sacred rites, whether they be bought or acquired in
any other way, and he offends publicly in the face of all mankind, we shall
be right in enacting that he be deprived of civic honours and privileges,
and be deemed to be, as he truly is, a stranger. Let this law, then, whether
it is one, or ought rather to be called two, be laid down respecting love in
general, and the intercourse of the sexes which arises out of the desires,
whether rightly or wrongly indulged.
Meg. I, for my part, Stranger, would gladly receive this law. Cleinias shall
speak for himself, and tell you what is his opinion.
Cle. I will, Megillus, when an opportunity offers; at present, I
think that we had better allow the Stranger to proceed with his laws.
Meg. Very good.
Ath. We had got about as far as the establishment of the common
tables, which in most places would be difficult, but in Crete no one would
think of introducing any other custom. There might arise a question about
the manner of them-whether they shall be such as they are here in Crete, or
such as they are in Lacedaemon,-or is there a third kind which may be better
than either of them? The answer to this question might be easily discovered,
but the discovery would do no great good, for at present they are very well
ordered.
Leaving the common tables, we may therefore proceed to the means of
providing food. Now, in cities the means of life are gained in many ways and
from divers sources, and in general from two sources, whereas our city has
only one. For most of the Hellenes obtain their food from sea and land, but
our citizens from land only. And this makes the task of the legislator less
difficult-half as many laws will be enough, and much less than half; and
they will be of a kind better suited to free men. For he has nothing to do
with laws about shipowners and merchants and retailers and innkeepers and
tax collectors and mines and moneylending and compound interest and
innumerable other things-bidding good-bye to these, he gives laws to
husbandmen and shepherds and bee-keepers, and to the guardians and
superintendents of their implements; and he has already legislated for
greater matters, as for example, respecting marriage and the procreation and
nurture of children, and for education, and the establishment of offices-and
now he must direct his laws to those who provide food and labour in
preparing it.
Let us first of all, then, have a class of laws which shall be called the
laws of husbandmen. And let the first of them be the law of Zeus, the god of
boundaries. Let no one shift the boundary line either of a fellow-citizen
who is a neighbour, or, if he dwells at the extremity of the land, of any
stranger who is conterminous with him, considering that this is truly "to
move the immovable," and every one should be more willing to move the
largest rock which is not a landmark, than the least stone which is the
sworn mark of friendship and hatred between neighbours; for Zeus, the god of
kindred, is the witness of the citizen, and Zeus, the god of strangers, of
the stranger, and when aroused, terrible are the wars which they stir up. He
who obeys the law will never know the fatal consequences of disobedience,
but he who despises the law shall be liable to a double penalty, the first
coming from the Gods, and the second from the law. For let no one wilfully
remove the boundaries of his neighbour's land, and if any one does, let him
who will inform the landowners, and let them bring him into court, and if he
be convicted of re-dividing the land by stealth or by force, let the court
determine what he ought to suffer or pay. In the next place, many small
injuries done by neighbours to one another, through their multiplication,
may cause a weight of enmity, and make neighbourhood a very disagreeable and
bitter thing. Wherefore a man ought to be very careful of committing any
offence against his neighbour, and especially of encroaching on his
neighbour's land; for any man may easily do harm, but not every man can do
good to another. He who encroaches on his neighbour's land, and transgresses
his boundaries, shall make good the damage, and, to cure him of his
impudence and also of his meanness, he shall pay a double penalty to the
injured party. Of these and the like matters the wardens of the country
shall take cognizance, and be the judges of them and assessors of the
damage; in the more important cases, as has been already said, the whole
number of them belonging to any one of the twelve divisions shall decide,
and in the lesser cases the commanders: or, again, if any one pastures his
cattle on his neighbour's land, they shall see the injury, and adjudge the
penalty. And if any one, by decoying the bees, gets possession of another's
swarms, and draws them to himself by making noises, he shall pay the damage;
or if anyone sets fire to his own wood and takes no care of his neighbour's
property, he shall be fined at the discretion of the magistrates. And if in
planting he does not leave a fair distance between his own and his
neighbour's land, he shall be punished, in accordance with the enactments of
many law givers, which we may use, not deeming it necessary that the great
legislator of our state should determine all the trifles which might be
decided by any body; for example, husbandmen have had of old excellent laws
about waters, and there is no reason why we should propose to divert their
course: who likes may draw water from the fountain-head of the common stream
on to his own land, if he do not cut off the spring which clearly belongs to
some other owner; and he may take the water in any direction which he
pleases, except through a house or temple or sepulchre, but he must be
careful to do no harm beyond the channel. And if there be in any place a
natural dryness of the earth, which keeps in the rain from heaven, and
causes a deficiency in the supply of water, let him dig down on his own land
as far as the clay, and if at this depth he finds no water, let him obtain
water from his neighbours, as much, as is required for his servants'
drinking, and if his neighbours, too, are limited in their supply, let him
have a fixed measure, which shall be determined by the wardens of the
country. This he shall receive each day, and on these terms have a share of
his neighbours' water. If there be heavy rain, and one of those on the lower
ground injures some tiller of the upper ground, or some one who has a common
wall, by refusing to give the man outlet for water; or, again, if some one
living on the higher ground recklessly lets off the water on his lower
neighbour, and they cannot come to terms with one another, let him who will
call in a warden of the city, if he be in the city, or if he be in the
country, warden of the country, and let him obtain a decision determining
what each of them is to do. And he who will not abide by the decision shall
suffer for his malignant and morose temper, and pay a fine to the injured
party, equivalent to double the value of the injury, because he was
unwilling to submit to the magistrates.
Now the participation of fruits shall be ordered on this wise. The goddess
of Autumn has two gracious gifts: one, the joy of Dionysus which is not
treasured up; the other, which nature intends to be stored. Let this be the
law, then, concerning the fruits of autumn: He who tastes the common or
storing fruits of autumn, whether grapes or figs, before the season of
vintage which coincides with Arcturus, either on his own land or on that of
others-let him pay fifty drachmae, which shall be sacred to Dionysus, if he
pluck them from his own land; and if from his neighbour's land, a mina, and
if from any others', two-thirds of a mina. And he who would gather the
"choice" grapes or the "choice" figs, as they are now termed, if he take
them off his own land, let him pluck them how and when he likes; but if he
take them from the ground of others without their leave, let him in that
case be always punished in accordance with the law which ordains that he
should not move what he has not laid down. And if a slave touches any fruit
of this sort, without the consent of the owner of the land, he shall be
beaten with as many blows as there are grapes on the bunch, or figs on the
fig-tree. Let a metic purchase the "choice" autumnal fruit, and then, if he
pleases, he may gather it; but if a stranger is passing along the road, and
desires to eat, let him take of the "choice" grapes for himself and a single
follower without payment, as a tribute of hospitality. The law however
forbids strangers from sharing in the sort which is not used for eating; and
if any one, whether he be master or slave, takes of them in ignorance, let
the slave be beaten, and the freeman dismissed with admonitions, and
instructed to take of the other autumnal fruits which are unfit for making
raisins and wine, or for laying by as dried figs. As to pears, and apples,
and pomegranates, and similar fruits, there shall be no disgrace in taking
them secretly; but he who is caught, if he be of less than thirty years of
age, shall be struck and beaten off, but not wounded; and no freeman shall
have any right of satisfaction for such blows. Of these fruits the stranger
may partake, just as he may of the fruits of autumn. And if an elder, who is
more than thirty years of age, eat of them on the spot, let him, like the
stranger, be allowed to partake of all such fruits, but he must carry away
nothing. If, however, he will not obey the law, let him run risk of failing
in the competition of virtue, in case any one takes notice of his actions
before the judges at the time.
Water is the greatest element of nutrition in gardens, but is easily
polluted. You cannot poison the soil, or the soil, or the sun, or the air,
which are other elements of nutrition in plants, or divert them, or steal
them; but all these things may very likely happen in regard to water, which
must therefore be protected by law. And let this be the law:-If any one
intentionally pollutes the water of another, whether the water of a spring,
or collected in reservoirs, either by poisonous substances, or by digging or
by theft, let the injured party bring the cause before the wardens of the
city, and claim in writing the value of the loss; if the accused be found
guilty of injuring the water by deleterious substances, let him not only pay
damages, but purify the stream or the cistern which contains the water, in
such manner as the laws of the interpreters order the purification to be
made by the offender in each case.
With respect to the gathering in of the fruits of the soil, let a man, if he
pleases, carry his own fruits through any place in which he either does no
harm to any one, or himself gains three times as much as his neighbour
loses. Now of these things the magistrates should be cognisant, as of all
other things in which a man intentionally does injury to another or to the
property of another, by fraud or force, in the use which he makes of his own
property. All these matters a man should lay before the magistrates, and
receive damages, supposing the injury to be not more than three minae; or if
he have a charge against another which involves a larger amount, let him
bring his suit into the public courts and have the evil-doer punished. But
if any of the magistrates appear to adjudge the penalties which he imposes
in an unjust spirit, let him be liable to pay double to the injured party.
Any one may bring the offences of magistrates, in any particular case,
before the public courts. There are innumerable little matters relating to
the modes of punishment, and applications for suits, and summonses and the
witnesses to summonses-for example, whether two witnesses should be required
for a summons, or how many-and all such details, which cannot be omitted in
legislation, but are beneath the wisdom of an aged legislator. These lesser
matters, as they indeed are in comparison with the greater ones, let a
younger generation regulate by law, after the patterns which have preceded,
and according to their own experience of the usefulness and necessity of
such laws; and when they are duly regulated let there be no alteration, but
let the citizens live in the observance of them.
Now of artisans, let the regulations be as follows:-In the first place, let
no citizen or servant of a citizen be occupied in handicraft arts; for he
who is to secure and preserve the public order of the state, has an art
which requires much study and many kinds of knowledge, and does not admit of
being made a secondary occupation; and hardly any human being is capable of
pursuing two professions or two arts rightly, or of practising one art
himself, and superintending some one else who is practising another. Let
this, then, be our first principle in the state:-No one who is a smith shall
also be a carpenter, and if he be a carpenter, he shall not superintend the
smith's art rather than his own, under the pretext that in superintending
many servants who are working for him, he is likely to superintend them
better, because more revenue will accrue to him from them than from his own
art; but let every man in the state have one art, and get his living by
that. Let the wardens of the city labour to maintain this law, and if any
citizen incline to any other art than the study of virtue, let them punish
him with disgrace and infamy, until they bring him back into his own right
course; and if any stranger profess two arts, let them chastise him with
bonds and money penalties, and expulsion from the state, until they compel
him to be one only and not many.
But as touching payments for hire, and contracts of work, or in case any one
does wrong to any of the citizens or they do wrong to any other, up to fifty
drachmae, let the wardens of the city decide the case; but if greater amount
be involved, then let the public courts decide according to law. Let no one
pay any duty either on the importation or exportation of goods; and as to
frankincense and similar perfumes, used in the service of the Gods, which
come from abroad, and purple and other dyes which are not produced in the
country, or the materials of any art which have to be imported, and which
are not necessary-no one should import them; nor again, should any one
export anything which is wanted in the country. Of all these things let
there be inspectors and superintendents, taken from the guardians of the
law; and they shall be the twelve next in order to the five seniors.
Concerning arms, and all implements which are for military purposes, if
there be need of introducing any art, or plant, or metal, or chains of any
kind, or animals for use in war, let the commanders of the horse and the
generals have authority over their importation and exportation; the city
shall send them out and also receive them, and the guardians of the law
shall make fit and proper laws about them. But let there be no retail trade
for the sake of money-making, either in these or any other articles, in the
city or country at all.
With respect to food and the distribution of the produce of the country, the
right and proper way seems to be nearly that which is the custom of Crete;
for all should be required to distribute the fruits of the soil into twelve
parts, and in this way consume them. Let the twelfth portion of each (as for
instance of wheat and barley, to which the rest of the fruits of the earth
shall be added, as well as the animals which are for sale in each of the
twelve divisions) be divided in due proportion into three parts; one part
for freemen, another for their servants, and a third for craftsmen and in
general for strangers, whether sojourners who may be dwelling in the city,
and like other men must live, or those who come on some business which they
have with the state, or with some individual. Let only this third part of
all necessaries be required to be sold; out of the other two-thirds no one
shall be compelled to sell. And how will they be best distributed? In the
first place, we see clearly that the distribution will be of equals in one
point of view, and in another point of view of unequals.
Cle. What do you mean?
Ath. I mean that the earth of necessity produces and nourishes the
various articles of food, sometimes better and sometimes worse.
Cle. Of course.
Ath. Such being the case, let no one of the three portions be greater
than either of the other two-neither that which is assigned to masters or to
slaves, nor again that of the stranger; but let the distribution to all be
equal and alike, and let every citizen take his two portions and distribute
them among slaves and freemen, he having power to determine the quantity and
quality. And what remains he shall distribute by measure and numb among the
animals who have to be sustained from the earth, taking the whole number of
them.
In the second place, our citizens should have separate houses duly ordered,
and this will be the order proper for men like them. There shall be twelve
hamlets, one in the middle of each twelfth portion, and in each hamlet they
shall first set apart a market-place, and the temples of the Gods, and of
their attendant demigods; and if there be any local deities of the Magnetes,
or holy seats of other ancient deities, whose memory has been preserved, to
these let them pay their ancient honours. But Hestia, and Zeus, and Athene
will have temples everywhere together with the God who presides in each of
the twelve districts. And the first erection of houses shall be around these
temples, where the ground is highest, in order to provide the safest and
most defensible place of retreat for the guards. All the rest of the country
they shall settle in the following manner:-They shall make thirteen
divisions of the craftsmen; one of them they shall establish in the city,
and this, again, they shall subdivide into twelve lesser divisions, among
the twelve districts of the city, and the remainder shall be distributed in
the country round about; and in each village they shall settle various
classes of craftsmen, with a view to the convenience of the husbandmen. And
the chief officers of the wardens of the country shall superintend all these
matters, and see how many of them, and which class of them, each place
requires; and fix them where they are likely to be least troublesome, and
most useful to the husbandman. And the wardens of the city shall see to
similar matters in the city.
Now the wardens of the agora ought to see to the details of the agora. Their
first care, after the temples which are in the agora have been seen to,
should be to prevent any one from doing any in dealings between man and man;
in the second; place, as being inspectors of temperance and violence, they
should chastise him who requires chastisement. Touching articles of gale,
they should first see whether the articles which the citizens are under
regulations to sell to strangers are sold to them, as the law ordains. And
let the law be as follows:-on the first day of the month, the persons in
charge, whoever they are, whether strangers or slaves, who have the charge
on behalf of the citizens, shall produce to the strangers the portion which
falls to them, in the first place, a twelfth portion of the corn;-the
stranger shall purchase corn for the whole month, and other cereals, on the
first market day; and on the tenth day of the month the one party shall
sell, and the other buy, liquids sufficient to last during the whole month;
and on the twenty-third day there shall be a sale of animals by those who
are willing to sell to the people who want to buy, and of implements and
other things which husbandmen sell (such as skins and all kinds of clothing,
either woven or made of felt and other goods of the same sort), and which
strangers are compelled to buy and purchase of others. As to the retail
trade in these things, whether of barley or wheat set apart for meal and
flour, or any other kind of food, no one shall sell them to citizens or
their slaves, nor shall any one buy of a citizen; but let the stranger sell
them in the market of strangers, to artisans and their slaves, making an
exchange of wine and food, which is commonly called retail trade. And
butchers shall offer for sale parts of dismembered animals to the strangers,
and artisans, and their servants. Let any stranger who likes buy fuel from
day to day wholesale, from those who have the care of it in the country, and
let him sell to the strangers as much he pleases and when he pleases. As to
other goods and implements which are likely to be wanted, they shall sell
them in common market, at any place which the guardians of the law and the
wardens of the market and city, choosing according to their judgment, shall
determine; at such places they shall exchange money for goods, and goods for
money, neither party giving credit to the other; and he who gives credit
must be satisfied, whether he obtain his money not, for in such exchanges he
will not be protected by law. But whenever property has been bought or sold,
greater in quantity or value than is allowed by the law, which has
determined within what limited a man may increase and diminish his
possessions, let the excess be registered in the books of the guardians of
the law; in case of diminution, let there be an erasure made. And let the
same rule be observed about the registration of the property of the metics.
Any one who likes may come and be a metic on certain conditions; a
foreigner, if he likes, and is able to settle, may dwell in the land, but he
must practise an art, and not abide more than twenty years from the time at
which he has registered himself; and he shall pay no sojourner's tax,
however small, except good conduct, nor any other tax for buying and
selling. But when the twenty years have expired, he shall take his property
with him and depart. And if in the course of these years he should chance to
distinguish himself by any considerable benefit which he confers on the
state, and he thinks that he can persuade the council and assembly, either
to grant him delay in leaving the country, or to allow him to remain for the
whole of his life, let him go and persuade the city, and whatever they
assent to at his instance shall take effect. For the children of the metics,
being artisans, and of fifteen years of age, let the time of their sojourn
commence after their fifteenth year; and let them remain for twenty years,
and then go where they like; but any of them who wishes to remain, may do
so, if he can persuade the council and assembly. And if he depart, let him
erase all the entries which have been made by him in the register kept by
the magistrates.