Chapter XXXIX · LEGES AND EPINOMIS. (continued 2)

Great value set by Plato himself upon these prologues. They are to serve as type for all poets. No one is allowed to contradict them.

It seems that Plato took credit to himself for what he thought a beneficial innovation, in thus blending persuasive exhortation with compulsory command. His assurance, that no Grecian lawgiver had ever done so before, is doubtless trustworthy:149 though we may remark that the confusion of the two has been the general rule with Oriental lawgivers — the Hindoos, the Jews, the Mahommedan Arabs, &c. But with him the innovation serves a farther purpose. He makes it the means of turning rhetoric to account; and of enlisting in his service, as lawgiver, not only all the rhetoric but all the poetry, in his community. His Athenian speaker is so well satisfied with these prologues, that he considers them to possess the charm of a poetical work, and suspects them to have been dictated by inspiration from the Gods.150 He pronounces them the best and most suitable compositions for the teaching of youth, and therefore prescribes that teachers shall cause the youth to recite and learn them, instead of the poetical and rhetorical works usually employed. He farther enjoins that his prologues shall serve as type and canon whereby all other poetical and rhetorical compositions shall be tried. If there be any compositions in full harmony and analogy with this type, the teachers shall be compelled to learn them by heart, and teach them to pupils. Any teacher refusing to do so shall be dismissed.151 Nor shall any poet be allowed to compose and publish works containing sentiments contradictory to the declaration of the lawgiver.152

Contrast of Leges with Gorgias and Phædrus.

As a contrast to this view of Plato in his later years, it is interesting to turn to that which he entertained in an earlier part of his life, in the Gorgias and the Phædrus, respecting rhetoric. In the former dialogue, Gorgias is recognised as a master of the art of persuasion, especially as addressed to a numerous audience, and respecting ethical questions, What is just, and what is unjust? Sokrates, on the contrary, pointedly distinguishes persuasion from teaching — discredits simple persuasion, without teaching, as merely deceptive — and contends that rhetorical discourse addressed to a multitude, upon such topics, can never convey any teaching.153 But in the Leges we find that the art of persuasion has risen greatly in Plato’s estimation. Whether it be a true art, or a mere unartistic knack, he now recognises its efficacy in modifying the dispositions of the uninstructed multitude, and announces himself to be the first lawgiver who will employ it systematically for that purpose. He combines the seductions of the rhetor with the unpalatable severities of the lawgiver: the two distinct functions of Gorgias and his brother the physician Herodikus, when Gorgias accompanied his brother to visit suffering patients, and succeeded by force of rhetoric in overcoming their repugnance to the cutting and burning indispensable for cure.154 Again, in the Phædrus, Plato treats the art of persuasion, when applied at once to a mixed assemblage of persons, either by writing or discourse, as worthless and unavailing.155 He affirms that it makes no durable impression on the internal mind of the individuals: the same discourse will never suit all. Individuals differ materially in their cast of mind; moreover, they differ in opinion upon ethical topics (just and unjust) more than upon any other. Some men are open to persuasion by topics which will have no effect on others. Accordingly, you must go through a laborious discrimination: first, you must discriminate generally the various classes of minds and the various classes of discourse — next, you must know to which classes of minds the individuals of the multitude before you belong. You must then address to each mind the mode of persuasion specially adapted to it. The dialectic philosopher is the only one who possesses the true art of persuasion. Such was Plato’s point of view in the Phædrus. I need hardly point out how completely it is dropped in his Leges: wherein he pours persuasion into the ears of an indiscriminate multitude, through the common channel of a rhetorical lecture, considering it of such impressive efficacy as to justify the supposition of inspiration from the Gods.156

Regulations for the new colony — About religious worship, the oracles of Delphi and Dodona are to be consulted.

After this unusual length of preliminaries, Plato enters on the positive regulation of his colony. As to the worship of the Gods, he directs little or nothing of his own authority. The colony must follow the advice of the oracles of Delphi, Dodona, and Ammon — together with any consecrated traditions, epiphanies, or inspirations from the Gods belonging to the spot — as to the Gods who shall be publicly worshipped, and the suitable temples and rites. Only he directs that to each portion of the territory set apart for civil purposes, some God, Dæmon, or Hero, shall be specially assigned as Patron,157 with a chapel and precinct wherein all meetings of the citizens of the district shall be held, whether for religious ceremonies, or for recreation, or for political duties.

Perpetuity of number of citizens, and of lots of land, one to each, inalienable and indivisible.

Plato requires for his community a fixed and peremptory total of 5040 citizens, never to be increased, and never to be diminished: a total sufficient, in his judgment, to defend the territory against invaders, and to lend aid on occasion to an oppressed neighbour. He distributes the whole territory into 5040 lots of land, each of equal value, assigning one lot to each citizen. Each lot is assumed to be sufficient for the maintenance of a family of sober habits, and no more. The total number (5040) is selected because of the great variety of divisors by which it may be divided without remainder.158

Plato reasserts his adherence to the principle of the Republic, though the repugnance of others hinders him from realising it.

We thus see that Plato, in laying down his fundamental principle (ὑπόθεσιν), recognises separate individual property and separate family among his citizens: both of which had been strenuously condemned and strictly excluded, in respect to the Guardians of his Republic. But he admits the principle only with the proviso that there shall be a peremptory limit to number of citizens, to individual wealth, and to individual poverty: moreover, even with this proviso, he admits it only as a second-best, because mankind will not accept, and are not sufficiently exalted to work out, what is in itself the best. He reasserts the principle of the Republic, that separate property and separate family are both essentially mischievous: that all individuality, either of interest or sympathy or sentiment, ought to be extinguished as far as possible.159 Though constrained against his will to renounce this object, he will still approximate to it as near as he can in his second-best. Moreover, he may possibly, at some future time (D.V.), propose a third-best. When once departure from the genuine standard is allowed, the departure may be made in many different ways.

This declaration deserves notice as attesting the undiminished adhesion of Plato to the main doctrines of his Republic. The point here noted is one main difference of principle between the Treatise De Legibus and the Republic: the enactment of written fundamental laws with prologues serving as homilies to be preached to the citizens, is another. Both of them are differences of principle: each gives rise to many subordinate differences or corollaries.160

Regulations about land, successions, marriages, &c. The number of citizens must not be allowed to increase.

Each citizen proprietor shall hold his lot of land, not as his own, but as part and parcel of the entire territory, which, taken as a whole, is Goddess and Mistress — conjointly with all the local Gods and Heroes — of the body of citizens generally. No citizen shall either sell or otherwise alienate his lot, nor divide it, nor trench upon its integrity. The total number of lots, the integrity of each lot, and the total number of citizens, shall all remain consecrated in perpetuity, without increase or diminution. Each citizen in dying shall leave one son as successor to his lot: if he has more than one, he may choose which of them he will prefer. The successor so chosen shall maintain the perpetuity of worship of the Gods, reverential rites to the family and deceased ancestors, and obligations towards the city.161 If the citizen has other sons, they will be adopted into the families of other citizens who happen to be childless: if he has daughters, he will give them out in marriage, but without any dowry. Such family relations will be watched over by a special board of magistrates: with this peremptory condition, that they shall on no account permit either the number of citizen proprietors, or the number of separate lots, to depart from the consecrated 5040.162 Each citizen’s name, and each lot of land, will be registered on tablets of cypress wood. These registers will be preserved in the temples, in order that the magistrates may be able to prevent fraud.163

Position of the city and akropolis — Distribution of the territory and citizens into twelve equal sections or tribes.

The city, with its appropriate accessories, shall be placed as nearly as possible in the middle of the territory. The akropolis, sacred to Hestia and Athênê, will be taken as a centre from whence twelve radiating lines will be drawn to the extremity of the territory, so as to distribute the whole area into twelve sections, not all equal in magnitude, but equalised in value by diminishing the area in proportion to superior goodness of land. The total number of citizens will be distributed also in twelve sections, of 420 each (5040/12), among whom the lots of land contained in each twelfth will be apportioned. This duodecimal division, the fundamental canon of Plato’s municipal arrangements, is a sanctified present from the Gods, in harmony with the months and with the kosmical revolutions.164 Each twelfth, land and citizens together, will be constituted a Tribe, and will be consecrated to some God (determined by lot) whose name it will bear, and at whose altar two monthly festivals will be celebrated: one for the tribe, the other for the entire city. The tribes are peremptorily equal in respect to number of citizens; but care shall also be taken to make them as nearly equal as possible in respect to registered property: that is, in respect to property other than land, which each citizen brings with him to the settlement, and which will all be recorded (as well as the land) in the public registers.165 The lot of land assigned to each citizen will include a portion near the centre, and a portion near the circumference: the most central portion being coupled with the most outlying, and so on in order. Each citizen will thus have two separate residences:166 one nearer to the city, the other more distant from it.

Movable property — Inequality therein reluctantly allowed, as far as four to one, but no farther.

Plato would be glad if he were able to establish among all the citizens, equality not merely of landed property, but property of all other property besides. This, however, he recognises his inability to exact. The colonists will bring with them movable property — some more, some less: and inequality must be tolerated up to a certain limit. Each citizen is allowed to possess movable property as far as four times the value of his lot of land, but no more. The maximum of wealth possessed by any citizen will thus be equal to five times the value of his lot of land: the minimum of the poorest citizen will be the lot of land itself, which cannot, under the worst circumstances, be alienated or diminished. If any citizen shall in any way acquire property above the maximum here named, he is directed to make it over to the city and to the Gods. In case of disobedience, he may be indicted before the Nomophylakes; and if found guilty, shall be disgraced, excluded from his share of public distributions, and condemned to pay twice as much — half being assigned as recompense to the prosecutor.167 The public register kept by the magistrates, in which is enrolled all the property of every kind belonging to each citizen, will enable them to enforce this regulation, and will be farther useful in all individual suits respecting money.

Census of the citizens — four classes, with graduated scale of property. No citizen to possess gold or silver. No loans or interest. No debts enforced by law.

In the public census of the city, the citizens will be distributed into four classes, according to their different scales of property. The richest will be four minæ: the other three minæ, two, and one mina, respectively. Direct taxation will be assessed upon them according to the difference of wealth: to which also a certain reference will be had in the apportionment of magistracies, and in the regulation of the voting privilege.168

By this determination of a maximum and minimum, coupled with a certain admitted preference to wealth in the assignment of political power, Plato considers that he has guarded against the intestine dissensions and other evils likely to arise from inequality of property. He accounts great poverty to be a serious cause of evil; yet he is very far from looking upon wealth as a cause of good. On the contrary, he proclaims that great wealth is absolutely incompatible either with great virtue or great happiness.169 Accordingly, while he aims at preserving every individual citizen from poverty, he at the same time disclaims all purpose of making his community either richer or more powerful.170 He forbids every private citizen to possess gold and silver. The magistrates must hold a certain stock of it in reserve, in case of public dealing with foreign cities: but they will provide for the daily wants of the community by a special cheap currency, having no value beyond the limits of the territory.171 Moreover, Plato prohibits all loans on interest. He refuses to enforce by law the restoration even of a deposit. He interdicts all dowry or marriage portion with daughters.172

Board of thirty-seven Nomophylakes — general supervisors of the laws and their execution — how elected.

How is the Platonic colony to be first set on its march, and by whom are its first magistrates to be named? By the inhabitants of Knôssus, its mother city — replies Plato. The Knossians will appoint a provisional Board of two hundred: half from their own citizens, half from the elders and most respected men among the colonists themselves.173 This Board will choose the first Nomophylakes, consisting of thirty-seven persons, half Knossians, half colonists. These Nomophylakes are intended as a Council of State, and will be elected by the citizens in the following way, when the colony is once in full march:— All the citizens who perform or have performed military service, either as hoplites or cavalry, will be electors. They will vote by tablets laid upon the altar, and inscribed with the name both of the voter himself and of the person whom he prefers. First, three hundred persons will be chosen by the majority of votes according to this process. Next, out of these three hundred, one hundred will be chosen by a second process of the same kind. Lastly, out of these one hundred, thirty-seven will be chosen by a third similar process, but with increased solemnity: these thirty-seven will constitute the Board of Nomophylakes, or Guardians of the Laws.174 No person shall be eligible for Guardian until he has attained the age of fifty. When elected, he shall continue to serve until he is seventy, and no longer: so that if elected at sixty, he will have ten years of service.175 The duties of this Board will be to see that all the laws are faithfully executed: in which function they will have superintendence over all special magistrates and officers.

Military commanders — General council of 360 — complicated mode of election.

For the office of General and Minister of War, three persons shall be chosen by show of hands of the military citizens. It shall be the duty of the Nomophylakes to propose three names for this office: but other citizens may also propose different names, and the show of hands will decide. The three Generals, when chosen, shall propose twelve names as Taxiarchs, one for each tribe: other names may also be proposed, and the show of hands of each tribe will determine.176

A Council shall be annually chosen, consisting of 360 members, ninety from each of the four proprietary scales in the Census. The mode of electing this Council is highly complicated. First, Plato provides that 360 Councillors shall be chosen out of the first (or richest) class, and as many out of the second class, by universal suffrage, every citizen being compelled to give his vote: then that 360 Councillors shall be chosen out of the third class, by universal suffrage, but under this condition, that the three richest classes are compelled to vote, while the fourth class may abstain from voting, if they please: next, that 360 Councillors shall be chosen out of the fourth class, still by universal suffrage, but with liberty to the third and fourth classes to abstain from voting, while the first and second classes are compelled to vote. Out of the four batches, of 360 names from each class, 180 names from each class are to be chosen by universal suffrage compulsory on all. This last list of 180 names is to be reduced, by drawing lots, to 90 from each class, or 360 in all: who constitute the Council for the year.177

Character of the electoral scheme — Plato’s views about wealth — he caters partly for the oligarchical sentiment, partly for the democratical.

Here the evident purpose of Plato is to obtain in the last result a greater number of votes from the rich than from the poor, without absolutely disfranchising the poor. Where the persons to be voted for are all of the richer classes, there the poor are compelled to come and vote as well as the rich: where the persons to be voted for are all of the poorer class, there the rich are compelled to vote, while the poor are allowed to stay away. He seems to look on the vote, not as a privilege which citizens will wish to exercise, but as a duty which they must be compelled by fine to discharge. This is (as Aristotle calls it) an oligarchical provision. It exhibits Plato’s mode of attaining the end stated by Livy as proposed in the Servian constitution at Rome, and the end contemplated (without being announced) by the framers of most other political constitutions recorded in history — “Gradus facti, ut neque exclusus quisquam suffragio videretur, et vis omnis penes primores civitatis esset”.178 Plato defends it by distinguishing two sorts of equality: one complete and undistinguishing, in which all the citizens are put upon a level: the other in which the good and able citizen is distinguished from the bad and incapable citizen, so that he acquires power and honour in proportion to his superior merit.179 This second sort of equality Plato approves, pronouncing it to be political justice. But such defence tacitly assumes that superiority in wealth, as between the four classes of his census, is to count as evidence of, or as an equivalent for, superior merit: an assumption doubtless received by many Grecian politicians, and admitted in the general opinion of Greece — but altogether at variance with the declared judgment of Plato himself as to the effect of wealth upon the character of the wealthy man. The poorest citizen in the Platonic community must have his lot of land, which Plato considers sufficient for a sober-minded family: the richest citizen can possess only five times as much: and all receive the same public instruction. Here, therefore, there can be no presumption of superior merit in the richer citizen as compared with the poorer, whatever might be said about the case as it stood in actual Grecian communities. We see that Plato in this case forgets his own peculiar mode of thought, and accommodates himself to received distinctions, without reflecting that the principles of his own political system rendered such distinctions inapplicable. He bows to the oligarchical sentiment of his contemporaries, by his preferential encouragement to the votes of the rich: he bows to the democratical sentiment, when he consents to employ to a small extent the principle of the lot.180

Meetings of council — other magistrates — Agoranomi — Astynomi, &c.

Of the annually-chosen Council, one twelfth part only (or thirty Councillors) will be in constant session in the city: each of their sessions lasting for one month, and the total thus covering the year. The remaining eleven twelfths will be attending to their private affairs, except when special necessities arise. The Council will have the general superintendence of the city, and controul over all meetings of the citizens.181 Provision is made for three magistrates called Astynomi, to regulate the streets, roads, public buildings, water-courses, &c.: and for five Agoranomi, to watch over the public market with its appertaining temples and fountains, and to take cognisance of disputes or offences occurring therein. None but citizens of the two richest classes of the census are eligible as Astynomi or Agoranomi: first, twice the number required are chosen by public show of hands — next, half of the number so chosen are drawn off by lot. In regard to the show of hands, Plato again decrees, that all citizens of the two richer classes shall be compelled to take part in it, under fine: all citizens of the two poorer classes may take part if they choose, but are not compelled.182 By this provision, as before, Plato baits for the oligarchical sentiment: by the partial use of the lot, for the democratical.

Defence of the territory — rural police — Agronomi, &c.

The defence of the territory is entrusted to the Agronomi, five persons selected from each of the twelve tribes, making sixty in all; and assisted by sixty other junior subordinates, selected by the five Agronomi (those of each tribe choosing twelve) from their respective tribes. Each of these companies of seventeen will be charged with the care of one of the twelve territorial districts, as may be determined by lot. Each will then pass by monthly change from one district to another, so as to make the entire circuit of the twelve districts in one year, going round in an easterly direction or to the right: each will then make the same circuit backward, during a second year, in a westerly direction or to the left.183 Their term of service will be two years in all, during which all of them will have become familiarly acquainted with every portion of the territory. A public mess will be provided for these companies, and each man among them will be held to strict continuity of service. Their duties will be, not merely to keep each district in a condition of defence against a foreign enemy, but also to improve its internal condition: to facilitate the outflow of water where there is too much, and to retard it where there is too little: to maintain, in the precincts sacred to the Gods, reservoirs of spring-water, partly as ornament, partly also as warm baths (for the heating of which large stocks of dry wood must be collected) — to benefit the old, the sick, and the overworked husbandman.184 Farthermore, these Agronomi will adjudicate upon disputes and offences among the rural population, both slave and free. If they abuse their trust, they will be accountable, first to the assembled citizens of the district, next to the public tribunals in the city.

Comparison with the Lacedæmonian Kryptia.

Plato considers that these Agronomi will go through hard work during their two years of service, inasmuch as they will have no slaves, and will have to do everything for themselves: though in the performance of any public work they are empowered to put in requisition both men and cattle from the neighbourhood.185 He pronounces it to be a salutary discipline for the young men, whom he admonishes that an apprenticeship in obedience is indispensable to qualify them for command, and that exact obedience to the laws and magistrates will be their best title to posts of authority when older.186 Moreover, he insists on the necessity that all citizens should become minutely acquainted with the whole territory: towards which purpose he encourages young men in the exercise of hunting. He compares (indirectly) his movable guard of Agronomi to the Lacedæmonian Krypti, who maintained the police of Laconia, and kept watch over the Helots:187 though they are also the parallel of the youthful Peripoli at Athens, who were employed as Guards for two years round various parts of Attica.

Priests — Exêgêtæ — Property belonging to temples.

Besides Astynomi and Agoranomi, Plato provides priests for the care of the sacred buildings in the city, and for the service of the Gods. In choosing these priests, as in choosing the other magistrates, election and sortition are to be combined: to satisfy at once the oligarchical and the democratical sentiment. The lot will be peculiarly suitable in a case where priests are to be chosen — because the God may be expected to guide it in a manner agreeable to himself.188 Plato himself however is not confident on this point, for he enjoins additional precautions: the person chosen must be sixty years old at least, free from all bodily defect, of legitimate birth, and of a family untainted by previous crime. Plato prescribes farther, that laws or canons respecting matters of divine concern shall be obtained from the Delphian oracle: and that certain Exêgêtæ shall be named as authorised interpreters of these canons, as long as they live.189 Treasurers or stewards shall also be chosen, out of the two richer classes of the census, to administer the landed property and produce belonging to the various temples.190

In the execution of the duties imposed upon them, the Agoranomi and Astynomi are empowered to fine an offender to the extent of one mina (one hundred drachmæ), each of them separately — and when both sit together, to the extent of two minæ.191

Superintendence of Music and Gymnastic. Educational function.

Music and Gymnastic. — For each of these, two magisterial functions must be constituted: one to superintend the teaching and training — the other, to preside over the matches and distribution of prizes. In regard to the musical matches, one President must be appointed for the monôdic single-headed exhibitions, another for the choric exhibitions. The President of the former must be not less than thirty years of age. The President of the latter must be not less than forty years of age. In order to appoint a fit person, the Nomophylakes shall constrain all the citizens whom they believe to be conversant with monôdic or choric matters, to assemble and agree on a preliminary list of ten candidates, who shall undergo a Dokimasy or examination, upon the single point of skill and competency, and no other. If they all pass, recourse shall be had to lot, and the one who draws the first lot shall be President for the year. In regard to the gymnastic matches, of men as well as of horses, the citizens of the three richest classes shall be constrained to come together (those of the fourth class may come, or stay away, as they please), and to fix upon twenty suitable persons; who shall undergo the Dokimasy, and out of whom three shall be selected by lot as Presidents of gymnastic contests for the year.192

Grave duties of the Minister of Education — precautions in electing him.

We observe that in the nomination of Presidents for the musical and gymnastic contests, Plato adopts the same double-faced machinery as before — To please the oligarchical sentiment by treating the votes of the rich as indispensable, the votes of the poor as indifferent — To please the democratical sentiment by a partial application of the lot. But in regard to the President of musical and gymnastic education or training, he prescribes a very different manner of choice. He declares this to be the most important function in the city. Upon the way in which the Minister of Education discharges his functions, the ultimate character of the citizens will mainly turn. Accordingly, this magistrate must be a man of fifty years of age, father of legitimate children — and, if possible, of daughters as well as sons. He must also be one of the thirty-seven Nomophylakes. He will be selected, not by the votes of the citizens generally, but by the votes of all the magistrates (except the annual Councillors and the Prytanes): such votes being deposited secretly in the temple of Apollo. The person who obtains the most of these secret votes will be submitted to a farther Dokimasy by all the voting magistrates (except the Nomophylakes themselves), and will, if approved, be constituted President of musical and gymnastic education for five years.193

Judicial duties.

From the magisterial authority in his city, Plato now passes to the judicial or dikastic. He remarks that no peremptory line of separation can be drawn between the two. Every magistrate exercises judicial functions on some matters: every dikast, on the days when he sits, decides magisterially.194 He then proceeds to distinguish (as the Attic forum did) between two sorts of causes:— Private, disputes between man and man, where the persons complaining of being wronged are one or a few individuals — Public, where the party wronged or alleged to be wronged is the state.195

Private Causes — how tried.

In regard to the private causes, he institutes Tribe-Dikasteries, taken by lot out of the citizens of each tribe, and applied without notice to each particular cause as it comes on, so that no one can know beforehand in what cause he is to adjudicate, nor can any one be solicited or bribed.196 He institutes farthermore a superior court of appeal, formed every year by the various Boards of Magistrates, each choosing out of its own body the most esteemed member, subject to approval by an ensuing Dokimasy.197 When one citizen believes himself to be wronged by another, he must first submit the complaint to arbitration by neighbours and common friends. If this arbitration fails to prove satisfactory, he must next bring the complaint before the Tribe-Dikastery. Should their decision prove unsatisfactory, the case may be brought (seemingly by either of the parties) before the superior court of appeal, whose decision will be final. Plato directs that this superior Court shall hold its sittings publicly, in presence of all the Magistrates and all the Councillors, as well as of any other citizen who may choose to attend. The members of the Court are to give their votes openly.198 Should they be suspected of injustice or corruption, they may be impeached before the Nomophylakes; who, if convinced of their guilt, shall compel them to make good the wrong done, and shall impose penalties besides, if the case requires.199

Public Causes must be tried directly by the citizens — strong feeling among Greeks about this.

In regard to Public Causes, Plato makes unusual concession to a feeling much prevalent in Greece, and especially potent at Athens. Where the wrong done is to the public, he recognises that the citizens generally will not submit to be excluded from the personal cognizance of it: the citizen excluded from that privilege feels as if he had no share in the city.200 If one citizen accuses another of treason, or peculation, or other wrong towards the public, the accusation shall be originated at first, and decided at last, before the general body of citizens. But after having been originated before this general assembly, the charge must be submitted to an intermediate stage of examination, before three of the principal Boards of Magistrates; who shall sift the allegations of the accuser, as well as the defence of the accused. These commissioners (we must presume) will make a report on the case, which report will be brought before the general assembly; who will then adjudicate upon it finally, and condemn or acquit as they think right.201

Plato’s way of meeting this feeling — intermediate inquiry and report by a special Commissioner.

This proposition deserves notice. Plato proclaims his disapprobation of the numerous Dikasteries in Athens, wherein the Dikasts sat, heard, and voted — perhaps with applause or murmurs, but with no searching questions of their own — leaving the whole speech to the parties and their witnesses. To decide justly (he says), the judicial authority must not remain silent, but must speak more than the parties, and must undertake the substantial conduct of the inquiry. No numerous assembly — nor even any few, unless they be intelligent — are competent to such a duty: nor even an intelligent few, without much time and patience.202 To secure such an inquiry on these public causes — as far as is possible consistent with the necessity of leaving the final decision to the general assembly — is the object of Plato’s last-mentioned proposition. It is one of the most judicious propositions in his whole scheme.

What laws the magistrates are to enforce — Many details must be left to the Nomophylakes.

Plato has now constituted the magistrates and the judicial machinery. It is time to specify the laws which they are to obey and to enforce.203

Plato considers the Nomophylakes (together with another board called the Nocturnal Council, to be hereafter described) as the permanent representatives of himself: destined to ensure that the grand ethical purpose of the lawgiver shall be constantly kept in view, and to supply what may have been left wanting in the original programme.204 Especially at the first beginning, provision will be found wanting in many details, which the Nomophylakes will take care to supply. In respect to the choric festivals, which are of so much importance for the training and intercourse of young men and maidens, the lawgiver must trust to the Choric Superintendents and the Nomophylakes for regulating, by their experience, much which he cannot foresee. But an experience of ten years will enable them to make all the modifications and additions required; and after that period they shall fix and consecrate in perpetuity the ceremonies as they then stand, forbidding all farther change. Neither in that nor in any other arrangement shall any subsequent change be allowed, except on the unanimous requisition of all the magistrates, all the people, and all the oracles of the Gods.205

Marriage-Laws — Rich husbands to choose poor wives — No dowries — costly marriage festivals are forbidden.

The choric festivals, in which the youths and maidens will take part, both of them naked as far as a sober modesty will allow, present occasions for mutual acquaintance between them, which serves as foundation for marriage.206 At the age of twenty-five a young man is permitted to marry; and before the age of thirty-five he is required to marry, under penalty of fine and disgrace, if he does not.207 Plato introduces here a discourse, in the form of a prologue to his marriage law, wherein he impresses on young men the general principles according to which they ought to choose their wives. The received sentiment, which disposes a rich youth to choose his wife from a rich family, is (in Plato’s view) altogether wrong. Rich husbands ought to assort themselves with poor wives; and in general the characters of husband and wife ought to be opposite rather than similar, in order that the offspring may not inherit the defects of either.208 The religious ceremonies antecedent to marriage are to be regulated by the Exêgêtæ. A costly marriage feast — and, above all, drunkenness at that feast — are emphatically forbidden. Any offspring begotten when the parent is in this disorderly and insane condition,209 will probably be vitiated from the beginning. Out of the two residences which every citizen’s lot will comprise, one must be allotted to the son when the son marries.210

Laws about slavery. Slaves to be well fed, and never treated with cruelty or insolence. The master must not converse with them.

Plato now enters upon his laws respecting property; and first of all upon the most critical variety of property; that in human beings, or slavery. This he declares to be a subject full of difficulty. There is much difference of opinion on the subject. Some speak of slaves as deserving trust and good treatment, in proof of which various anecdotes of exemplary fidelity on their part are cited: others again regard them as incorrigibly debased, fit for nothing better than the whip and spur, like cattle. Then moreover the modified form of slavery, such as that of the Helots in Laconia, and the Penestæ in Thessaly, has been found full of danger and embarrassment, though the Spartans themselves are well satisfied with it.211 (It will be recollected that the Helots and Penestæ were not slaves bought and imported from abroad, as the slaves in Attica were, but conquered Hellenic communities who had been degraded from freedom into slavery, and from the condition of independent proprietorship into that of tributary tenants or serfs; but with the right to remain permanently on their lands, without ever being sold for exportation.) This form of slavery (where the slaves are of the same race and language, with reciprocal bonds of sympathy towards each other) Plato denounces as especially dangerous. Care must be taken that there shall be among the slaves as little fellowship of language and feelings as possible; but they must be well fed: moreover everything like cruelty and insolence in dealing with them must be avoided, even more carefully than in dealing with freemen. This he prescribes partly for the protection of the slave himself, but still more for the interest of the master: whose intrinsic virtue, or want of virtue, will be best tested by his behaviour as a master. The slaves must be punished judicially, when they deserve it. But the master must never exhort or admonish them, as he would address himself to a freeman: he must never say a word to them, except to give an order: above all, he must abstain from all banter and joking, either with male or female slaves.212 Many foolish masters indulge in such behaviour, which emboldens the slaves to give themselves airs, and renders the task of governing them almost impracticable.213

Circular form for the city — Temples in the centre — No walls round it.

As to the construction of the city, Plato prescribes that its external contour shall be of circular form, encircling the summit of an eminence, with the agora near the centre. The temples of the Gods shall be planted around the agora, and the buildings for gymnasia and schooling, for theatrical representation, for magistrative, administrative, and judicial business, near at hand. Plato follows the example of Sparta in prohibiting any special outer wall for the fortification of the city, which he treats as an indication of weakness and timidity: nevertheless he suggests that the houses constituting the city may be erected on such a plan, and in such connection, as to be equivalent to a fortification.214 When once the city is erected, the Astynomi or Ædiles are to be charged with the duty of maintaining its integrity and cleanliness.

Mode of life prescribed to new-married couples They are to take the best care about good procreation for the city.

Plato next proceeds to regulate the mode of life proper for all his new-married couples. He proclaims broadly that large interference with private and individual life is unavoidable; and that no great public reform can be accomplished without it.215 He points out that this principle was nowhere sufficiently admitted: not even at Sparta, where it was carried farther than anywhere else. Even the Spartans and Kretans adopted the public mess-table only for males, and not for females.216 In Plato’s view, it is essential for both. He would greatly prefer (as announced already in his Republic) that it should be one and the same for both — males and females taking their meals together.

Board of superintending matrons.

The newly-married couples are enjoined to bestow their best attention upon the production of handsome and well-constituted children: this being their primary duty to the city for ten years after their marriage. Their conduct will be watched by a Board of Matrons, chosen for the purpose by the Nomophylakes, and assembling every day in the temple of Eileithuia. In case of any dispute, or unfaithful or unseemly conduct, these Matrons will visit them to admonish or threaten, if they see reason. Should such interference fail of effect, the Matrons will apprise the Nomophylakes, who will on their parts admonish and censure, and will at last denounce the delinquents, if still refractory, to the public authority. The delinquents will then be disgraced, and debarred from the public ceremonies, unless they can clear themselves by indicting and convicting their accusers before the public tribunal.217

Age fixed for marriage. During the first ten years the couple are under obligation to procreate for the city — Restrictions during these ten years.

The age of marriage is fixed at from thirty to thirty-five for males, from sixteen to twenty for females. The first ten years after marriage are considered as appropriated to the production of children for the city, and are subject to the strict supervision above mentioned. If any couple have no offspring for ten years, the marriage shall be dissolved by authority. After ten years the supervision is suspended, and the couple are left to themselves. If either of them shall commit an infidelity with another person still under the decennial restriction, the party so offending is liable to the same penalty as if he were still himself also under it.218 But if the person with whom infidelity is committed be not under that restriction, no penalty will be incurred beyond a certain general discredit, as compared with others whose conduct is blameless, and who will receive greater honour. However, Plato advises that nothing shall be said in the law respecting the conduct of married couples after the period of decennial restriction has elapsed, unless there be some grave scandal to call attention to the subject.219

How infants are to be brought up — Nurses — Perpetual regulated movements — useful for toning down violent emotions.

Plato now proceeds to treat about the children just born. The principle of separate family being admitted in the Treatise De Legibus, he refrains from promulgating any peremptory laws on this subject, because it is impossible for the lawgiver or the magistrate to enter into each private house, and to enforce obedience on such minute and numerous details: while it would be discreditable for him to command what he could not enforce, and it would moreover accustom citizens to disobey the law with impunity. Still, however, Plato220 thinks it useful to deliver some general advice, which he hopes that fathers and mothers will spontaneously follow. He begins with the infant as soon as born, and even before birth. The mother during pregnancy is admonished to take regular exercise; the infant when born must be carried about constantly in the nurse’s arms. The invigorating effects of such gestation are illustrated by the practice of Athenian cock-fighters, who cause the cocks while under training to be carried about under the arms of attendants in long walks.221 Besides that the nurses (slaves) must be strong women, there must also be more than one to each infant, in order that he may be sufficiently carried about. He must be kept in swaddling-clothes for the first two years, and must not be allowed to walk until he is three years of age.222 The perpetual movement and dandling, in the arms of the nurse, produces a good effect not only on the health and bodily force of the infant, but also upon his emotions.223 The infant ought to be kept (if it were possible) in movement as constant and unceasing as if he were on shipboard. Nurses know this by experience, when they lull to sleep an insomnious child, not by holding him still, but by swinging him about in their arms, and by singing a ditty. So likewise the insane and furious emotions inspired by Dionysus (also by Zeus, by the mother of the Gods, &c.) are appeased by the regulated movement, dance and music, solemnly performed at the ceremonial worship of the God who excited the emotions. These are different varieties of fear and perturbation: they are morbid internal movements, which we overpower and heal by muscular and rhythmical movements impressed from without, with appropriate music and religious solemnities.224

To guard the child, during the first three years of his life, against disturbing fears, or at least to teach him to conquer them when they may spring up, is to lay the best foundation of a fearless character for the future.225 By extreme indulgence he would be rendered wayward: by extreme harshness his spirit would be broken.226 A middle course ought to be pursued, guarding him against pains as far as may be, yet at the same time keeping pleasures out of his reach, especially the stronger pleasures: thus shall we form in him a gentle and propitious disposition, such as that which we ascribe to the Gods.227

Choric and orchestic movements, their effect in discharging strong emotions.

The comparison made here by Plato between the effect produced by these various religious ceremonies upon the mind of the votary, and that produced by the dandling of the nurse upon the perturbed child in her arms, is remarkable. In both, the evil is the same — unfounded and irrational fear — an emotional disturbance within: in both, the remedy is the same — regulated muscular movement and excitement from without: more gentle in the case of the infant, more violent in the case of the adult. Emotion is a complex fact, physical as well as mental; and the physical aspect and basis of it (known to Aristotle228 as well as to Plato) is here brought to view. To speak the language of modern science (with which their views here harmonise, in spite of their imperfect acquaintance with human anatomy), if the energies of the nervous system are overwrought within, they may be diverted into a new channel by bodily movements at once strenuous and measured, and may thus be discharged in a way tranquillising to the emotions. This is Plato’s theory about the healing effects of the choric and orchestic religious ceremonies of his day. The God was believed first to produce the distressing excitement within — then to suggest and enjoin (even to share in) the ceremonial movements for the purpose of relieving it. The votary is brought back from the condition of comparative madness to that of sober reason.229 Strong emotion of any kind is, in Plato’s view, a state of distemper. The observances here prescribed respecting wise regulation of the emotions, especially in young children, are considered by Plato as not being laws in the proper and positive sense, but as the unwritten customs, habits, rules, discipline, &c., upon which all positive laws repose and depend. Though they appear to go into excessive and petty details, yet unless they be well understood and efficaciously realised, the laws enacted will fail to attain their purpose.230

Training of boys and girls.

Pursuant to this view of the essential dependence of leges upon mores, Plato continues his directions about the training of children. From the age of three to six, the child must be supplied with amusements, under a gentle but sufficient controul. The children of both sexes will meet daily at the various temples near at hand, with discreet matrons to preside over them, and will find amusement for each other. At six years of age the boys and girls will be separated, and will be consigned to different male and female tutors. The boys shall learn riding, military exercise, and the use of the various weapons of war. The girls shall learn these very same things also, if it be possible. Plato is most anxious that they should learn, but he fears that the feelings of the community will not tolerate the practice.231 All the teaching will be conducted under the superintendence of teachers, female as well as male: competent individuals, of both sexes, being appointed to the functions of command without distinction.232 The children will be taught to use their left hands as effectively as their right.233 Wrestling shall be taught up to a certain point, to improve the strength and flexibility of the limbs; but elaborate wrestling and pugilism is disapproved. Imitative dancing, choric movements, and procession, shall also be taught, but always in arms, to familiarise the youth with military details.234

Musical and literary teaching for youth — Poetry, songs, music, dances, must all be fixed by authority, and never changed — Mischief done by poets aiming to please.

Plato now enters upon the musical and literary teaching proper for the youthful portion of his community. Poetry, music, and dancing, as connected with the service and propitiation of the Gods, are in the first instance recreative and amusing; but they also involve serious consequences.235 It is most important to the community that these exercises should not only be well arranged, but that when arranged they should be fixed by authority, so as to prevent all innovations or deviations by individual taste. Plato here repeats, with emphasis, his commendation of the Egyptian practice to consecrate all the songs, dances, and festive ceremonies, and to tolerate no others whatever.236 Change is in itself a most serious evil, and change in one department provokes an appetite for change in all. Plato forbids all innovation, even in matters of detail, such as the shape of vessels or articles of furniture.237 He allows no poet to circulate any ode except such as is in full harmony with the declaration of the lawgiver respecting good and evil. All the old poems must be sifted and weeded. All new hymns and prayers to the Gods, even before they are shown to a single individual, must be examined by Censors above fifty years of age, in order that it may be seen whether the poet knows what he ought to praise or blame, and what he ought to pray for. In general, the poets do not know what is good and what is evil. By mistaken prayers — especially for wealth, which the lawgiver discountenances as prejudicial — they may bring down great mischief upon the city.238 Different songs must be composed for the two sexes: songs of a bold and martial character for males — of a sober and quiet character for females.239 But the poet must on no account cultivate “the sweet Muse,” or make it his direct aim to produce emotions delightful to the audience. The sound and useful music will always in the end become agreeable, provided the pupils hear it from their earliest childhood, and hear nothing else.240 Plato censures the tragic representations exhibited in the Grecian cities (at Athens, more than anywhere else) as being unseemly, and even impious, because, close to the altar where sacrifice was offered to the Gods, choric and dramatic performances of the most touching and pathetic character were exhibited. The poet who gained the prize was he who touched most deeply the tender emotions of the audience, and caused the greatest flow of tears among them. Now, in the opinion of Plato, the exhibition of so much human misery, and the communication of so much sorrowful sympathy, was most unsuitable to the festival day, and offensive to the Gods. It was tolerable only on the inauspicious days of the year, and when exhibited by hired Karian mourners, such as those who wailed loudly at funerals. The music at the festivals ought to have no emotional character, except that of gentle, kindly, auspicious cheerfulness.241

Boys and girls to learn letters and the lyre, from ten to thirteen years of age. Masters will teach the laws and homilies of the lawgiver, and licensed extracts from the poets.

At ten years old, the boys and girls (who have hitherto been exercised in recitation, singing, dancing, &c.) are to learn their letters, or reading and writing. They will continue this process until thirteen years old. They will learn the use of the lyre, for three years. The same period and duration is fixed for all of them, not depending at all upon the judgment or preference of the parents.242 It is sufficient if they learn to read and and write tolerably, without aiming to do it either quickly or very well. The boys will be marched to school at daybreak every morning, under the care of a tutor, who is chosen by the magistrate for the purpose of keeping them under constant supervision and discipline.243 The masters for teaching will be special persons paid for the duty, usually foreigners.244 They will be allowed to teach nothing except the laws and homilies of the lawgiver, together with any selections from existing poets which may be in full harmony with these.245 Plato here proclaims how highly he is himself delighted with his own string of homilies: which are not merely exhortations useful to be heard, but also have the charm of poetry, and have been aided by inspirations from the Gods.246 As for the poets themselves, whether serious or comic, whose works were commonly employed in teaching, being committed wholly or partially to memory — Plato repudiates them as embodying a large proportion of mischievous doctrine which his pupils ought never to hear. Much reading, or much learning, he discountenances as dangerous to youths.247

The teaching is to be simple, and common to both sexes.

The teaching of the harp and of music (occupying the three years from thirteen to sixteen, after the three preceding years of teaching letters) will not be suffered to extend to any elaborate or complicated combinations. The melody will be simple: the measure grave and dignified. The imitative movement or dancing will exhibit only the gestures and demeanour suitable to the virtuous man in the various situations of life, whether warlike or pacific:248 the subject-matter of the songs or hymns will be regulated (as above described) by censorial authority. The practice will be consecrated and unchangeable, under the supervision of a magistrate for education.249

All this teaching is imparted to the youth of both sexes: to boys, by male teachers — to girls, by female teachers, both of them paid. The training in gymnastic and military exercises and in arms, is also common to girls and boys.250 Plato deems it disgraceful that the females shall be brought up timorous and helpless — unable to aid in defending the city when it is menaced, and even unmanning the male citizens by demonstrations of terror.251

Rudiments of arithmetic and geometry to be taught.

We next come to arithmetic, geometry, and astronomy. Plato directs that all his citizens shall learn the rudiments of these sciences — not for the reason urged by most persons, because of the necessities of practical life (which reason he discards as extravagantly silly, though his master Sokrates was among those who urged it) — but because these are endowments belonging to the divine nature, and because without them no man can become a God, Dæmon, or Hero, capable of watching over mankind.252 In Egypt elementary arithmetic and geometry were extensively taught to boys — but very little in Greece:253 though he intimates that both in Egypt, and in the Phenician towns, they were turned only to purposes of traffic, and were joined with sordid dispositions which a good lawgiver ought to correct by other provisions. In the Platonic city, both arithmetic and geometry will be taught, so far as to guard the youth against absurd blunders about measurement, and against confusion of incommensurable lines and spaces with commensurable. Such blunders are now often made by Greeks.254 By a good method, the teaching of these sciences may be made attractive and interesting; so that no force will be required to compel youth to learn.255

Astronomy must be taught, in order that the citizens may not assert libellous falsehoods respecting the heavenly bodies.

Astronomy must also be taught up to a certain point, in order that the youth may imbibe correct belief respecting those great Divinities — Hêlios, Selênê, and the Planets — or may at any rate be protected from the danger of unconsciously advancing false affirmations about them, discreditable to their dignity. The general public consider it impious to study the Kosmos and the celestial bodies, with a view to detect the causes of what occurs:256 while at the same time they assert that the movements of Hêlios and Selênê are irregular, and they call the planets Wanderers. Regular action is (in Plato’s view) the characteristic mark of what is good and perfect: irregularity is the foremost of all defects, and cannot without blasphemy be imputed to any of the celestial bodies. Moreover, many persons also assert untruly, that among the celestial bodies the one which is really the slowest mover, moves the fastest — and that the one which is really the fastest mover, moves the slowest. How foolish would it appear (continues Plato) if they made the like mistake about the Olympic runners, and if they selected the defeated competitor, instead of the victor, to be crowned and celebrated in panegyrical odes! How offensive is such falsehood, when applied to the great Gods in the heavens! Each of them has in reality one uniform circular movement, though they appear to have many and variable movements. Our youth must be taught enough of astronomy to guard against such heresies. The study of astronomy up to this point, far from being impious, is indispensable as a safeguard against impiety.257 Plato intimates that these astronomical truths were of recent acquisition, even to himself.258

Hunting — how far permitted or advised.

In regard to hunting, Plato thinks that it is a subject on which positive laws are unsuitable or insufficient, and he therefore gives certain general directions which partake of the nature both of advice and of law. The good citizen (he says) is one who not only obeys the positive laws prescribed by the lawgiver, but who also conforms his conduct to the general cast of the lawgiver’s opinions: practising what is commended therein, abstaining from what is blamed.259 Plato commends one mode of hunting — the chase after quadrupeds: yet only with horses, dogs, javelins, &c., wherein both courage and bodily strength are improved — but not with nets or snares, where no such result is produced. He blames other modes — such as fishing and bird-snaring (especially by night). He blames still more emphatically theft and piracy, which he regards also as various modes of hunting.260

Large general sense which Plato gives to the word hunting.

What principally deserves notice here is, the large general idea which Plato conceives to himself under the term Hunting, and the number of diverse particulars comprehended therein. 1. Hunting of quadrupeds; either with dogs and javelins openly, or with snares, by stratagem. 2. Hunting of birds, in the air. 3. Hunting of fishes, in the water. 4. Hunting after the property of other men, in the city or country. 5. Hunting after men as slaves, or after other valuables, by means of piratical vessels. 6. Hunting of public enemies, by one army against an opposite one. 7. Hunting of men to conciliate their friendship or affection, sometimes by fair means, sometimes by foul.261

That all these processes — which Plato here includes as so many varieties of hunting — present to the mind, when they are compared, a common point of analogy, is not to be denied. The number of different comparisons which the mind can make between phenomena, is almost unlimited. Analogies may be followed from one to another, until at last, after successive steps, the analogy between the first and the last becomes faint or imperceptible. Yet the same word, transferred successively from the first to the last, conceals this faintness of analogy and keeps them all before the mind as one. To us, this extension of the word hunting to particular cases dissimilar in so many respects, appears more as poetical metaphor: to intelligent Greeks of the Sokratic school, it seemed a serious comparison: and to Plato, with his theory of Ideas, it ought to have presented a Real Idea or permanent One, which alone remained constant amidst an indefinite multitude of fugitive, shadowy, and deceptive, particulars. But though this is the consistent corollary, from Plato’s theory of Ideas, he does not so state it in the Treatise De Legibus, and probably he did not so conceive it. Critics have already observed that in this Treatise scarce any mention is made of the theory of Ideas. Plato had passed into other points of view: yet he neither formally renounces the points of view which we find in anterior dialogues, nor takes the trouble of reconciling them with the thoughts of the later dialogues. Whether there exists any Real, Abstract, Idea of Hunting, apart from the particular acts and varieties of hunting — is a question which he does not touch upon. Yet this is the main feature of the Platonic philosophy, and the main doctrine most frequently impugned by Aristotle as Platonic.

Number of religious sacrifices to be determined by lawgiver.

Although, in regard to the religious worship of his community, the oracle of Delphi is asked to prescribe what sacrifices are to be offered, and to what Gods — yet the religious lawgiver will determine the number of such sacrifices and festivals, as well as the times and seasons.262 Each day in the year, sacrifice will be offered by one of the magistrates to some God or Dæmon. Once in every month, there will be a solemn sacrifice and festival, with matches of music and gymnastics, offered by each tribe to its eponymous God. The offerings to the celestial Gods will be kept distinct from the offerings to the subterranean Gods. Among these last, Pluto will be especially worshipped during the twelfth month of the year. The festivals will be adjusted to the seasons, and there will on proper occasions be festivals for women separately and exclusively.263

Military muster of the whole citizen population once in each month — men, women, and children.

Once a month certainly — and more than once, if the magistrates command — on occasion of one of these festivals, all the citizen population are ordered to attend in military muster — men, women and children. They will be brought together in such divisions and detachments as the magistrate shall direct. They will here go through gymnastic and military exercises. They will also have fights, with warlike weapons not likely to inflict mortal wounds, yet involving sufficient danger to test their bravery and endurance: one against one, two against two, ten against ten.264 The victors will receive honorary wreaths, and public encomium in appropriate songs. Both men and women will take part alike in these exercises and contests, and in the composition of the odes to celebrate the victors.265

Such monthly musters, over and above the constant daily gymnastics of the youthful population, are indispensable as preliminary training; without which the citizens cannot fight with efficiency and success, in the event of a real foreign enemy invading the territory.266 No athlete ever feels himself qualified to contend at the public games without the most laborious special training beforehand. Yet Plato expresses apprehension that his proposal of regular musters for warlike exercises with sham-battles, will appear ridiculous. He states that nothing of the kind existed in any Grecian city, by reason of two great corruptions:— First, the general love of riches and money-getting: Secondly, the bad governments everywhere existing, whether democracy, oligarchy, or despotism — each of which was in reality a faction or party-government, i.e., government by one part over another unwilling part.267

Gymnastic training must have reference to war, not to athletic prizes.

Plato prescribes that the gymnastic training in his community shall be such as to have a constant reference to war; and that elaborate bodily excellence, for the purpose simply of obtaining prizes at the public games, shall be discouraged. There will be foot-races, for men, for boys, and for young women up to twenty years of age — the men always running in full panoply.268 Horse-racing is permitted, but chariot-racing is discountenanced.269 There will also be practice with the bow and with other weapons of light warfare, in which the young women are encouraged to take part — yet not constrained, in deference to prevalent sentiment.270

Regulation of sexual intercourse. Syssitia or public mess.

In regard to sexual intercourse, Plato recognises that the difficulty of regulating it according to the wisdom of the lawgiver is greater in his city than in any actual city, because of the more free and public life of the women. Neither Krete nor Sparta furnish a good example to follow on this point.271 He thinks however that by causing one doctrine on the subject to be continually preached, and by preventing any other from being even mentioned, the lawgiver may be able so to consecrate this doctrine as to procure for it pretty universal obedience. The lawgiver may thus be able to suppress pæderasty altogether, and to restrict generally the sexual intercourse to that of persons legally married — or to enforce at least the restriction, that the exceptional cases of sexual intercourse departing from these conditions shall be covered with the veil of secrecy.272 The constant bodily exercises prescribed in the Platonic community will tend to diminish the influence of such appetites in the citizens: while the example of the distinguished prize combatants at the Olympic games, in whose long-continued training strict continence was practised, shows that even more than what Plato anticipates can be obtained, under the stimulus of sufficient motive.273

What is here proposed respecting the sexual appetite finds no approbation from Kleinias, since the customs in Krete were altogether different. But the Syssitia, or public mess-table for the citizens, are welcomed readily both by the Kretan and the Spartan. The Syssitia existed both in Krete and at Sparta; but were regulated on very different principles in one and in the other. Plato declines to discuss this difference, pronouncing it to be unimportant. But Aristotle informs us what it was; and shows that material consequences turned upon it, in reference to the citizenship at Sparta.274

Regulations about landed property — Boundaries — Limited power of fining by magistrates.

Plato enters now upon the economical and proprietary rules proper for his community. As there will be neither gold and silver nor foreign commerce, he is dispensed from the necessity of making laws about shipments, retailing, interest, mine-digging, collectors of taxes, &c. The persons under his charge will be husbandmen, shepherds, bee-keepers, &c., with those who work under them, and with the artisans who supply implements to them.275 The first and most important of all regulations is, the law of Zeus Horius or Terminalis — Not to disturb or transgress the boundary marks between different properties. Upon this depends the maintenance of those unalterable fundi or lots, which is the cardinal principle of the Platonic community. Severe penalties, religious as well as civil, are prescribed for offenders against this rule.276 Each proprietor is directed to have proper regard to the convenience of neighbours, and above all to abstain from annoying or damaging them, especially in regard to the transit, or retention, or distribution, of water. To intercept the supply, or corrupt the quality of water, is a high crime.277 Regulations are made about the carrying of the harvest, both of grain and fruit. Disputes arising upon these points are to be decided by the magistrates, up to the sum of three minæ: above that sum, by the public Dikasteries. Many rules of detail will require to be made by the magistrates themselves with a view to fulfil the purposes of the lawgiver. So soon as the magistrates think that enough of these regulations have been introduced, they will consecrate the system as it stands, rendering it perpetual and unalterable.278

Regulations about artisans — Distribution of the annual landed produce.

Next, Plato passes to the Demiurgi or Artisans. These are all non-citizens or metics: for it is a peremptory law, that no citizen shall be an artisan in any branch. Nor is any artisan permitted to carry on two crafts trades at once.279 If any article be imperatively required from abroad, either for implements of war or for religious purposes, the magistrates shall cause it to be imported. But there shall be no retailing, nor reselling with profit, of any article.280

The distribution of the produce of land shall be made on a principle approaching to that which prevails in Krete.281 The total produce raised will be distributed into twelve portions, each equivalent to one month’s consumption. Each twelfth portion will then be divided into equal thirds. Two of these thirds will be consumed by the citizens, their families, their slaves, and their agricultural animals: the other third will be sold in the market for the consumption of artisans and strangers, who alone are permitted to buy it, all citizens being forbidden to do so. Each citizen will make the apportionment of his own two-thirds among freemen and slaves: a measured quantity shall then be given to each of the working animals.282 On the first of each month, the sale of barley and wheat will be made in the market-place, and every artisan or stranger will then purchase enough for his monthly consumption: the like on the twelfth of each month, for wine and other liquids — and on the twentieth of each month, for animals and animal products, such as wool and hides. Firewood may be purchased daily by any stranger or artisan, from the proprietors on whose lands the trees grow, and may be resold by him to other artisans: other articles can only be sold at the monthly market-days. The Agoranomi, or regulators of the market, will preside on those days, and will fix the spots on which the different goods shall be exposed for sale. They will also take account of the quantity which each man has for sale, fixing a certain price for each article. They will then adjust the entries of each man’s property in the public registers according to these new transactions. But if the actual purchases and sales be made at any rate different from what is thus fixed, the Agoranomi will modify their entries in the register according to the actual rate, either in plus or in minus. These entries of individual property in the public register will be made both for citizens and resident strangers alike.283

Admission of resident Metics — conditions attached.

It shall be open to any one who chooses, to come and reside in the city as a stranger or artisan to exercise his craft, without payment of any fee, simply on condition of good conduct; and of being enrolled with his property in the register. But he shall not acquire any fixed settlement. After twenty years, he must depart and take away his property. When he departs, the entries belonging to his name, in the proprietary register, shall be cancelled. If he has a son, the son may also exercise the same art and reside as a metic in the city for twenty years, but no longer; beginning from the age of fifteen. Any metic who may render special service to the city, may have his term prolonged, the magistrates and the citizens consenting.284

Offences and penal judicature — Procedure of the Dikasts.

Plato now passes to the criminal code of his community: the determination of offences, penalties, and penal judicature. Serious and capital offences will be judged by the thirty-seven Nomophylakes, in conjunction with a Board of Select Dikasts, composed of the best among the magistrates of the preceding year.285 They will hear first the pleading of the accuser, next that of the accused: they will then proceed, in the order of seniority, to put questions to both these persons, sifting the matter of charge. Plato requires them to be active in this examination, and to get at the facts by mental effort of their own. They will take notes of the examination, then seal up the tablet, and deposit it upon the altar of Hestia. On the morrow they will reassemble and repeat their examination, hearing witnesses and calling for information respecting the affair. On the third day, again the like: after which they will deliver their verdict on the altar of Hestia. Upon this altar two urns will be placed, for condemnation and acquittal: each Dikast will deposit his pebble in one or other of these, openly before the accuser and accused, and before the assembled citizens.286

Conformably to the general sentiment announced still more distinctly in the Republic, Plato speaks here also of penal legislation as if it were hardly required. He regards it as almost an insult to assume that any of his citizens can grow up capable of committing grave crimes, when they have been subjected to such a training, discipline, and government as he institutes. Still human nature is perverse: we must provide for the occurrence of some exceptional criminals among our citizens, even after all our precautionary supervision: besides, over and above the citizens, we have metics and slaves to watch over.287

Sacrilege, the gravest of all crimes. High Treason.

The first and gravest of all crimes is Sacrilege: pillage or destruction of places or objects consecrated to the Gods. Next comes high treason: either betrayal of the city to foreign enemies, or overthrow of the established laws and government. Persons charged with these crimes shall be tried before the Select Dikasts, or High Court above constituted. If found guilty, they shall be punished either capitally or by such other sentence as the court may award. But no sentence either of complete disfranchisement or of perpetual banishment can be passed against any citizen, because every one of the 5040 lots of land must always remain occupied.288 Nor can any citizen be fined to any greater extent than what he possesses over and above his lot of land. He may be imprisoned, or flogged, or exposed in the pillory, or put to do penance in some sacred precinct. But his punishment shall noway extend to his children, unless persons of the same family shall be condemned to death for three successive generations. Should this occur, the family shall be held as tainted. Their lot of land shall be considered vacant, and assigned to some deserving young man of another citizen family.289

Theft punished by pœna dupli. General exhortation founded by Plato upon this enactment.

Theft. — Plato next adverts to theft, and prescribes that the punishment for a convicted thief shall be one and the same in all cases — to compensate the party robbed to the extent of double the value of the property, or to be imprisoned until he does so.290 But upon a question upon this being raised, how far one and the same pœna dupli, neither more nor less, can be properly applied to all cases of theft, we are carried (according to the usual unsystematic manner of the Platonic dialogue) into a general discussion on the principles of penal legislation. We are reminded that the Platonic lawgiver looks beyond the narrow and defective objects to which all other lawgivers have hitherto unwisely confined themselves.291 He is under no pressing necessity to legislate at once: he can afford time for preliminary discussion and exposition: he desires to instruct his citizens respecting right and wrong, as well as to constrain their acts by penalty.292 As he is better qualified than the poets to enlighten them about the just and honourable, so the principles which he lays down ought to have more weight than the verses of Homer or Tyrtæus.293 In regard to Justice and Injustice generally, there are points on which Plato differs from the public, and also points on which the public are at variance with themselves. For example, every one is unanimous in affirming that whatever is just is also beautiful or honourable. But if this be true, then not only what is justly done, but also what is justly suffered, is beautiful or honourable. Now the penalty of death, inflicted on the sacrilegious person, is justly inflicted. It must therefore be beautiful or honourable: yet every one agrees in declaring it to be shocking and infamous. Here there is an inconsistency or contradiction in the opinions of the public themselves.294

All unjust men are unjust involuntarily. — No such thing as voluntary injustice. Injustice depends upon the temper of the agent — Distinction between damage and injury.

But Plato differs from the public on another point also. He affirms all wicked or unjust men to be unwillingly wicked or unjust: he affirms that no man does injustice willingly.295 How is he to carry out this maxim in his laws? He cannot make any distinction (as all existing cities make it) in the penalties prescribed for voluntary injustice, and for involuntary injustice; for he does not recognise the former as real.296 He must explain upon what foundation his dissent from the public rests. He discriminates between Damnum and Injuria — between Damage or Hurt, and Injustice. When damage is done, it is sometimes done voluntarily — sometimes, and quite as often, involuntarily. The public call this latter by the name of involuntary injustice; but in Plato’s view it is no injustice at all. Injustice is essentially distinct from damage: it depends on the temper, purpose, or disposition of the agent, not on the result as affecting the patient. A man may be unjust when he is conferring benefit upon another, as well as when he is doing hurt to another. Whether the result be beneficial or hurtful, the action will be right or wrong, and the agent just or unjust, according to the condition of his own mind in doing it.297

Damage may be voluntary or involuntary — Injustice is shown often by conferring corrupt profit upon another — Purpose of punishment, to heal the distemper of the criminal.

The real distinction therefore (according to Plato) is not between voluntary and involuntary injustice, but between voluntary and involuntary damage. Voluntary damage is injustice, but it is not voluntary injustice. The unjust agent, so far forth as unjust, acts involuntarily: he is under the perverting influence of mental distemper. He must be compelled to make good the damage which he has done, or to offer such requital as may satisfy the feelings of the person damaged: and he must besides be subjected to such treatment as will heal the distemper of his mind, so that he will not be disposed to do farther voluntary damage in future. And he ought to be subjected to this treatment equally, whether his mental distemper (injustice) has shown itself in doing wilful damage to another, or in conferring corrupt profit on another — in taking away another man’s property, or in giving away his own property wrongfully.298 The healing treatment may be different in different cases: discourses addressed, or works imposed — pleasures or pains, honour or disgrace, fine or otherwise. But in all cases the purpose is one and the same — to heal the distemper of his mind, and to make him hate injustice. If he be found incurable, he must be put to death. It is a gain for himself to die, and a still greater gain for society that he should die, since his execution will serve as a warning to others.299

Three distinct causes of misguided proceedings. 1. Painful stimulus. 2. Pleasurable stimulus. 3. Ignorance.

Of misguided or erroneous proceeding there are in the human mind three producing causes, acting separately or conjointly:— 1. The painful stimulus — Anger, Envy, Hatred, or Fear. 2. The seductive stimulus, of Pleasure or Desire. 3. Ignorance. Ignorance is twofold:— 1. Ignorance pure and simple. 2. Ignorance combined with the false persuasion of knowledge. This last again is exhibited under two distinguishable cases:— 1. When combined with power; and in this case it produces grave and enormous crimes. 2. When found in weak persons, children or old men, in which case it produces, nothing worse than slight and venial offences, giving little trouble to the lawgiver.300

The unjust man is under the influence either of the first or second of these causes, without controul of Reason. If he acts under controul of Reason, though the Reason be bad, he is not unjust.

Now the unjust man (Plato tells us) is he in whose mind either one or other of the two first causes are paramount, and not controuled by Reason: either Hatred, Anger, Fear — or else Appetite and the Desire of Pleasure. What he does under either of these two stimuli is unjust, whether he damages any one else or not. But if neither of these two stimuli be prevalent in his mind — if, on the contrary, both of them are subordinated to the opinion which he entertains about what is good and right — then everything which he does is just, even though he falls into error. If in this state of mind he hurts any one else, it will be simply hurt, not injustice. Those persons are incorrect who speak of it as injustice, but as involuntary injustice. The proceedings of such a man may be misguided or erroneous, but they will never be unjust.301

All these three causes may realise themselves in act under three varieties of circumstances: 1. By open and violent deeds. 2. By secret, deceitful, premeditated contrivance. 3. By a combination of both the two. Our laws must make provision for all the three.302

Reasoning of Plato to save his doctrine — That no man commits injustice voluntarily.

Such is the theory here advanced by Plato to reconcile his views and recommendations in the Leges with a doctrine which he had propounded and insisted upon elsewhere:— That no man commits injustice voluntarily — That all injustice is involuntary, arising from ignorance — That every one would be just, if he only knew wherein justice consists — That knowledge, when it exists in the mind, will exercise controul and preponderance over the passions and appetites.303

The distinction whereby Plato here proposes to save all inconsistency, is a distinction between misconduct or misguided actions (ἁμαρτήματα, or ἁμαρτανόμενα), and unjust actions (ἀδικήματα). The last of these categories is comprised by him in the first, as one species or variety thereof. That is, all ἀδικήματα are ἁμαρτήματα: but all ἁμαρτήματα are not ἀδικήματα. He reckons three distinct causes of ἁμαρτήματα: two belonging to the emotional department of mind; one to the intellectual. Those ἁμαρτήματα which arise from either of the two first causes are also ἀδικήματα: those which arise from the third are not ἀδικήματα.

This is the distinction which Plato here draws, with a view to save consistency in his own doctrine — at least as far as I can understand it, for the reasoning is not clear. It proceeds upon a restricted definition, peculiar to himself, of the word injustice — a restriction, however, which coincides in part with that which he gives of Justice in the Republic,304 where he treats Justice as consisting in the controul exercised over Passion and Appetite (the emotional department) by Reason (the intellectual): each of the three departments of the soul or each of the three separate souls, keeping in its own place, and discharging its own appropriate functions. Every act which a man does under the influence of persuasion or opinion of the best, is held by Plato to be just — whatever his persuasion may be — whether it be true or false305 If he be sincerely persuaded that he is acting for the best, he cannot commit injustice.

Peculiar definition of Injustice. A man may do great voluntary hurt to others, and yet not be unjust, provided he does it under the influence of Reason, and not of Appetite.

Injustice being thus restricted to mean the separate and unregulated action of emotional impulse — and such unregulated action being, as a general fact, a cause of misery to the agent — Plato’s view is, that no man is voluntarily unjust: for no man wishes to be miserable. Every man wishes to be happy: therefore every man wishes to be just: because some controul of impulse by reason is absolutely essential to happiness. When once such controul is established, a man becomes just: he no longer commits injustice. But he may still commit misconduct, and very gross misconduct: moreover, this misconduct will be, or may be, voluntary. For though the rational soul be now preponderant and controuling over the emotional (which controul constitutes justice), yet the rational soul itself may be imperfectly informed (ignorance simple); or may not only be ignorant, but preoccupied besides with false persuasions and prejudices. Under such circumstances the just man may commit misconduct, and do serious hurt to others. What he does may be done voluntarily, in full coincidence with his own will: for the will postulates only the controul of reason over emotion, and here that condition is fulfilled, the fault lying with the controuling reason itself.

Plato’s purpose in the Laws is to prevent or remedy not only injustice but misconduct.

Plato’s reasoning here (obscure and difficult to follow) is intended to show that there can be no voluntary injustice, but that there is much both of voluntary misconduct, and voluntary mischief. His purpose as lawgiver is to prevent or remedy not only (what he calls) injustice, but also misconduct and mischief. As a remedy for mischief done, he prescribes that the agent thereof shall make full compensation to the sufferer. As an antidote to injustice, he applies his educational discipline as well as his penal and remuneratory treatment, to the emotions, with a view to subdue some and develop others.306 As a corrective to misconduct in all its branches, he assumes to himself as lawgiver a spiritual power, applied to the improvement of the rational or intellectual man: prescribing what doctrines and beliefs shall be accredited in his city, tolerating no others, and forbidding all contradiction, or dissentient individuality of judgment.307 He thus ensures that every man s individual reason shall be in harmony with the infallible reason.

The peculiar sense in which Plato uses the words justice and injustice is perplexing throughout this discussion. The words, as he uses them, coincide only in part with the ordinary meaning. They comprehend more in one direction, and less in another.

Plato now proceeds to promulgate laws in respect to homicide, wounds, beating, &c.

Varieties of homicide — modes of dealing with them penally.

Homicide, however involuntary and unintentional, taints the person by whose hands it is committed. He must undergo purification, partly by such expiatory ceremonies as the Exêgêtæ may appoint, partly by a temporary exile from the places habitually frequented by the person slain: who even after death (according to the doctrine of an ancient fable, which Plato here ratifies308), if he saw the homicidal agent among his prior haunts, while the occurrence was yet recent, would be himself disturbed, and would communicate tormenting disturbance to the agent. This latter accordingly is commanded to leave the territory for a year, and to refrain from visiting any of the sacred precincts until he has been purified. If he obeys, the relatives of the person slain shall forgive him; and he shall, after his year’s exile, return to his ordinary abode and citizenship. But if he evades obedience, these relatives shall indict him for the act, and he shall incur double penalties. Should the nearest relative, under these circumstances, neglect to indict, he may himself be indicted by any one who chooses, and shall be condemned to an exile of five years.309

Homicide involuntary — Homicide under provocation.

Plato provides distinct modes of proceeding for this same act of involuntary homicide, under varieties of persons and circumstances — citizens, metics, strangers, slaves, &c. He especially lays it down that physicians, if a patient dies under their hands, they being unwilling — shall be held innocent, and shall not need purification.310

After involuntary homicide, Plato passes to the case of homicide committed under violent passion or provocation; which he ranks as intermediate between the involuntary and the voluntary — approaching the one or the other, according to circumstances:311 according as it is done instantaneously, or with more or less of interval and premeditation. If the act be committed instantaneously, the homicide shall undergo two years’ exile: if after time for deliberation, the time of exile must be extended to three years.312 But if the slain person before his death shall have expressed forgiveness, the case shall be dealt with as one of involuntary homicide.313 Special enactments are made for the case of a slave killed by a citizen, a citizen killed by a slave, a son killed by his father, a wife by her husband, &c., under the influence of passion or strong provocation. Homicide in self-defence against a previous aggressor is allowed universally.314

Homicide voluntary.

Thirdly, Plato passes to the case of homicide voluntary, the extreme of injustice, committed under the influence of pleasure, appetite, envy, jealousy, ambition, fear of voluntary divulgation of dangerous secrets, &c. — homicide premeditated and unjust. Among all these causes, the chief and most frequent is love of wealth; which gets possession of most men, in consequence of the untrue and preposterous admiration of wealth imbibed in their youth from the current talk and literature. The next in frequency is the competition of ambitious men for power or rank.315 Whoever has committed homicide upon a fellow-citizen, under these circumstances, shall be interdicted from all the temples and other public places, and shall be indicted by the nearest relatives of the deceased. If found guilty, he shall be put to death: if he leave the country to evade trial, he must be banished in perpetuity. The nearest relative is bound to indict, otherwise he draws down upon himself the taint, and may himself be indicted. Certain sacrifices and religious ceremonies will be required in such cases, to accompany the legal procedure. These, together with the names of the Gods proper to invoke, will be prescribed by the Nomophylakes, in conjunction with the prophets and the Exêgêtæ, or religious interpreters.316 The Dikasts before whom such trials will take place are the Nomophylakes, together with some select persons from the magistrates of the past year: the same as in the case of sacrilege and treason.317 The like procedure and penalty will be employed against any one who has contrived the death of another, not with his own hands, but by suborning some third person: except that this contriver may be buried within the limits of the territory, while the man whose hands are stained with blood cannot be buried therein.318

Homicide between kinsmen.

For the cases of homicide between kinsmen or relatives, Plato provides a form of procedure still more solemn, and a still graver measure of punishment. He also declares suicide to leave a taint upon the country, which requires to be purified as the Exêgêtæ may prescribe: unless the act has been committed under extreme pain or extreme disgrace. The person who has killed himself must be buried apart without honour, not in the regular family burying places.319 The most cruel mode of death is directed to be inflicted upon a slave who has voluntarily slain, or procured to be slain, a freeman. If a slave be put to death without any fault of his own, but only from apprehension of secrets which he may divulge, the person who kills him shall be subjected to the same trial and sentence as if he had killed a citizen.320 If any animal, or even any lifeless object, has caused the death of a man, the surviving relatives must prosecute, and the animal or the object must be taken away from the country.321

Homicide justifiable — in what cases.

Justifiable Homicide. — Some special cases are named in which he who voluntarily kills another, is nevertheless perfectly untainted. A housebreaker caught in act may thus be rightfully slain: so also a clothes-stealer, a ravisher, a person who attacks the life of any man’s father, mother, or children.322

Infliction of wounds.

Wounds. — Next to homicide, Plato deals with wounds inflicted: introducing his enactments by a preface on the general necessity of obedience to law.323 Whosoever, having intended to kill another (except in the special cases wherein homicide is justifiable), inflicts a wound which proves not mortal, is as criminal as if he had killed him. Nevertheless he is not required to suffer so severe a punishment, inasmuch as an auspicious Dæmon and Fortune have interposed to ward off the worst results of his criminal purpose. He must make full compensation to the sufferer, and then be exiled in perpetuity.324 The Dikastery will decide how much compensation he shall furnish. In general, Plato trusts much to the discretion of the Dikastery, under the great diversity of the cases of wounds inflicted. He would not have allowed so much discretion to the numerous and turbulent Dikasteries of Athens: but he regards his select Dikastery as perfectly trustworthy.325 Peculiar provision is made for cases in which the person inflicting the wound is kinsman or relative of the sufferer — also for homicide under the same circumstances. Plato also directs how to supply the vacancy which perpetual banishment will occasion in the occupation of one among the 5040 citizen-lots.326 If one man wounds another in a fit of passion, he must pay simple, double, or triple, compensation according as the Dikasts may award: he must farther do all the military duty which would have been incumbent on the wounded man, should the latter be disabled.327 But if the person inflicting the wound be a slave and the wounded man a freeman, the slave shall be handed over to the wounded freeman to deal with as he pleases. If the master of the slave will not give him up, he must himself make compensation for the wound, unless he can prove before the Dikastery that the case is one of collusion between the wounded freeman and the slave; in which case the wounded freeman will become liable to the charge of unlawfully suborning away the slave from his master.328

Infliction of blows.

Beating. — The laws of Plato on the subject of beating are more peculiar. They are mainly founded in reverence for age. One who strikes a person twenty years older than himself, is severely punished: but if he strikes a person of the same age with himself, that person must defend himself as he can with his own hands — no punishment being provided.329 For him who strikes his father or mother, the heaviest penalty, excommunication and perpetual banishment, is provided.330 If a slave strike a freeman, he shall be punished with as many blows as the person stricken directs, nevertheless in such manner as not to diminish his value to his master.331

Plato has borrowed much from Attic procedure, especially in regard to Homicide — Peculiar view of Homicide at Athens, as to procedure.