Chapter 30

176Plato, Legg. vi. p. 755 E.

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

177Plato, Legg vi. p. 756. Compare Aristot. Politic. ii. 6, p. 1266, a. 14.The passage of Plato is not perspicuous. It appears to me to have been misunderstood by some commentators, who suppose that only 90 βουλευταὶ are to be chosen out of each census in the original voting (see Schneider’s Comment. on the passage of Aristotle above alluded to, p. 99). The number originally chosen from each class must be 360, because it is directed, in the final process, to be reduced first (by election) to 180 from each class, and next (by sortition) to 90 from each class.

177Plato, Legg vi. p. 756. Compare Aristot. Politic. ii. 6, p. 1266, a. 14.

The passage of Plato is not perspicuous. It appears to me to have been misunderstood by some commentators, who suppose that only 90 βουλευταὶ are to be chosen out of each census in the original voting (see Schneider’s Comment. on the passage of Aristotle above alluded to, p. 99). The number originally chosen from each class must be 360, because it is directed, in the final process, to be reduced first (by election) to 180 from each class, and next (by sortition) to 90 from each class.

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’smode 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”.178Plato 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.179This 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 canpossessonly 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 ofhisown 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

178Livy i. 43.Aristotle characterises these regulations of the Platonic community as oligarchical, and remarks that this is in contradiction to the principle with which Plato set out — that it ought to be a compound of monarchy and democracy. Aristotle understands this last principle somewhat differently from what Plato seems to have intended (Politic. ii. 6, 1266, a. 10).

178Livy i. 43.

Aristotle characterises these regulations of the Platonic community as oligarchical, and remarks that this is in contradiction to the principle with which Plato set out — that it ought to be a compound of monarchy and democracy. Aristotle understands this last principle somewhat differently from what Plato seems to have intended (Politic. ii. 6, 1266, a. 10).

179Plato, Legg. vi. p. 757 A-B.Compare a like distinction drawn between two sorts of ἰσότης in Isokrates, Areiopagitic. Orat. vii. s. 23-24; also Aristotel. Politic.

179Plato, Legg. vi. p. 757 A-B.

Compare a like distinction drawn between two sorts of ἰσότης in Isokrates, Areiopagitic. Orat. vii. s. 23-24; also Aristotel. Politic.

180Plato, Legg. vi. p. 757 E. διὸ τῷ τοῦ κλήρου ἴσῳ ἀνάγκη προσχρήσασθαι, δυσκολίας τῶν πολλῶν ἕνεκα, &c.

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.181Provision 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.182By this provision, as before, Plato baits for the oligarchical sentiment: by the partial use of the lot, for the democratical.

181Plato, Legg. vi. p. 758 C-D.

182Plato, Legg. vi. pp. 763-764.

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.183Their term of service will be two yearsin 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.184Farthermore, 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.

183Plato, Legg. vi. p. 760 D. τοὺς τῆς χώρας τόπους μεταλλάττοντας ἀεὶ τῶν ἑξῆς τόπων ἑκάστου μηνὸς ἡγεῖσθαι τοὺς φρουράρχους ἐπὶ δεξιὰ κύκλῳ· τὸ δ’ ἐπιδέξια γιγνέσθω τὸ πρὸς ἕω.In reference to omens and auguries the Greek spectator looked towards the north, so that he had the east on his right hand.

183Plato, Legg. vi. p. 760 D. τοὺς τῆς χώρας τόπους μεταλλάττοντας ἀεὶ τῶν ἑξῆς τόπων ἑκάστου μηνὸς ἡγεῖσθαι τοὺς φρουράρχους ἐπὶ δεξιὰ κύκλῳ· τὸ δ’ ἐπιδέξια γιγνέσθω τὸ πρὸς ἕω.

In reference to omens and auguries the Greek spectator looked towards the north, so that he had the east on his right hand.

184Plato, Legg. vi. p. 761 A-D.Agreeable and refreshing combinations of springs with shady trees near the precincts of the Gods were frequent. See Xenophon, Hellen. v. 3, 19.The thermal waters were also generally connected with some precinct of Hêraklês or Asklêpius.In some temples it was forbidden to use this adjoining water except for sacred rites, Thucyd. iv. 97.

184Plato, Legg. vi. p. 761 A-D.

Agreeable and refreshing combinations of springs with shady trees near the precincts of the Gods were frequent. See Xenophon, Hellen. v. 3, 19.

The thermal waters were also generally connected with some precinct of Hêraklês or Asklêpius.

In some temples it was forbidden to use this adjoining water except for sacred rites, Thucyd. iv. 97.

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.185He 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.186Moreover, 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 theHelots:187though they are also the parallel of the youthful Peripoli at Athens, who were employed as Guards for two years round various parts of Attica.

185Plato, Legg. vi. pp. 760 E-763 A.

186Plato, Legg. vi. p. 762 E.

187Plato, Legg. vi. p. 763 A-B. εἴτε τις κρυπτοὺς εἴτε ἀγρονόμους εἴθ’ ὅ, τι καλῶν χαίρει, &c. He notes the hardships endured by these Κρυπτοὶ in their Κρυπτεία, i. p. 633 C.The phrase seems however to indicate that Plato did not much like to call his Agronomi by the name of Κρυπτοί. The duties performed by the Lacedæmonian Κρυπτοὶ against the Helots were of the harshest character. See chap. vi. p. 509 of my ‘History of Greece’. Schömann, Antiq. Juris Publ. Græc. iv. 1-4, p. 111, v. 1, 21, p. 199.

187Plato, Legg. vi. p. 763 A-B. εἴτε τις κρυπτοὺς εἴτε ἀγρονόμους εἴθ’ ὅ, τι καλῶν χαίρει, &c. He notes the hardships endured by these Κρυπτοὶ in their Κρυπτεία, i. p. 633 C.

The phrase seems however to indicate that Plato did not much like to call his Agronomi by the name of Κρυπτοί. The duties performed by the Lacedæmonian Κρυπτοὶ against the Helots were of the harshest character. See chap. vi. p. 509 of my ‘History of Greece’. Schömann, Antiq. Juris Publ. Græc. iv. 1-4, p. 111, v. 1, 21, p. 199.

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.188Plato 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.189Treasurers 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

188Plato, Legg. vi. p. 749 D.

189Plato, Legg. vi. p. 759 E.

190Plato, Legg. vi. p. 760 A.

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

191Plato, Legg. vi. p. 764 B.Here, as in other provisions, Plato copies the practice at Athens, where each individual magistrate was empowered to impose a fine of definite amount (ἐπιβολὴν ἐπιβάλλειν), though we do not know what that amount was. The Proedri could impose a fine as high as one mina, the Senate as high as five minæ (Meier und Schömann, Der Attische Prozess, p. 34).

191Plato, Legg. vi. p. 764 B.

Here, as in other provisions, Plato copies the practice at Athens, where each individual magistrate was empowered to impose a fine of definite amount (ἐπιβολὴν ἐπιβάλλειν), though we do not know what that amount was. The Proedri could impose a fine as high as one mina, the Senate as high as five minæ (Meier und Schömann, Der Attische Prozess, p. 34).

Superintendence of Music and Gymnastic. Educational function.

Music and Gymnastic.— For each of these, two magisterialfunctions 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

192Plato, Legg. vi. pp. 764-765.

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 bythe 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

193Plato, Legg. vi. pp. 765-766.

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.194He 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

194Plato, Legg. vi. p. 767 A.

195Plato, Legg. vi. p. 767 B.This was the main distinction adopted in the Attic law. 1. Complaint, founded upon injury alleged to be done to the interest of some individual — ἀγὼν ἴδιος, δίκη ἰδία, δίκη in the narrow sense. 2. Complaint, founded upon injury alleged to be done towards some interest not strictly individual — ἀγὼν δημόσιος, δίκη δημοσία, γραφή (Meier und Schömann, der Attische Prozess, p. 162).

195Plato, Legg. vi. p. 767 B.

This was the main distinction adopted in the Attic law. 1. Complaint, founded upon injury alleged to be done to the interest of some individual — ἀγὼν ἴδιος, δίκη ἰδία, δίκη in the narrow sense. 2. Complaint, founded upon injury alleged to be done towards some interest not strictly individual — ἀγὼν δημόσιος, δίκη δημοσία, γραφή (Meier und Schömann, der Attische Prozess, p. 162).

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.196He 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.197When 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 superiorcourt 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.198Should 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

196Plato, Legg. vi. p. 768 B.

197Plato, Legg. vi. p. 767-C-D. γιγνέσθω κοινὸν ἅπασι τοῖς τὸ τρίτον ἀμφισβητοῦσιν ἰδιώταις πρὸς ἀλλήλους.

198Plato, Legg. vi. pp. 767 A-D, 768 B. Compare xii. p. 956.

199Plato, Legg. vi. p. 767 E.

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.200If 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

200Plato, Legg. vi. p. 768 B. ὁ γὰρ ἀκοινώνητος ὢν ἐξουσίας τοῦ συνδικάζειν, ἡγεῖται τὸ παράπαν τῆς πόλεως οὐ μέτοχος εἶναι. This is a remarkable indication about the tone of Grecian feeling from a very adverse witness.

201Plato, Legg. vi. p. 768 A. τὴν δὲ βάσανον ἐν ταῖς μεγίσταις ἀρχαῖς τρισίν, &c.Here the word βάσανος is used in a much more extended sense than usual, so as to include the whole process of judicial enquiry.

201Plato, Legg. vi. p. 768 A. τὴν δὲ βάσανον ἐν ταῖς μεγίσταις ἀρχαῖς τρισίν, &c.

Here the word βάσανος is used in a much more extended sense than usual, so as to include the whole process of judicial enquiry.

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 searchingquestions 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.202To 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.

202Plato, Legg. vi. p. 766 E.

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

203Plato, Legg. vi. p. 768 E.

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.204Especially 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 subsequentchange be allowed, except on the unanimous requisition of all the magistrates, all the people, and all the oracles of the Gods.205

204Plato, Legg. vi. p. 770 C-E.

205Plato, Legg. vi. p. 772 C-D.

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.206At 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.207Plato 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.208The 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,209will 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

206Plato, Legg. vi. p. 772 A. γυμνοὺς καὶ γυμνὰς μέχρι περ αἰδοῦς σώφρονος ἑκάστων, &c.

207Plato, Legg. vi. pp. 772 E, 774 A.

208Plato, Legg. vi. p. 773 C-D.Compare the Politikus, pp. 310-311, where the necessity is insisted on of coupling in marriage two persons of opposite dispositions — τὸ ἀνδρεῖον ἦθος with τὸ κόσμιον ἦθος. There is a natural inclination (Plato says) for the ἀνδρεῖοι to intermarry with each other, and for the κόσμιοι to do the like: but the lawgiver must contend against this. If this be permitted, each of the breeds will degenerate through excess of its own peculiarity.

208Plato, Legg. vi. p. 773 C-D.

Compare the Politikus, pp. 310-311, where the necessity is insisted on of coupling in marriage two persons of opposite dispositions — τὸ ἀνδρεῖον ἦθος with τὸ κόσμιον ἦθος. There is a natural inclination (Plato says) for the ἀνδρεῖοι to intermarry with each other, and for the κόσμιοι to do the like: but the lawgiver must contend against this. If this be permitted, each of the breeds will degenerate through excess of its own peculiarity.

209Plato, Legg. vi. p. 775.

210Plato, Legg. vi. p. 776 A.

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 ofslaves 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.212Many foolish masters indulge in such behaviour, which emboldensthe slaves to give themselves airs, and renders the task of governing them almost impracticable.213

211Plato, Legg. vi. p. 777. He alludes also to the enslavement of the indigenous population called the Mariandyni, by the Grecian colonists of Herakleia on the southern coast of the Euxine; and to the disturbances and disorders which had occurred through movements of the slaves in Southern Italy. Probably this last may be connected with that revolt whereby the Bruttians became enfranchised; but we can make out nothing definite from Plato’s language.

212Plato, Legg. vi. p. 777 D-E. κολάζειν γε μὴν ἐν δίκη δούλους ἀεὶ, καὶ μὴ νουθετοῦντας ὡς ἐλευθέρους θρύπτεσθαι ποιεῖν. Τὴν δὲ οἰκετοῦ πρόσρησιν χρὴ σχεδὸν ἐπίταξιν πᾶσαν γίγνεσθαι, μὴ προσπαίζοντας μηδαμῇ μηδαμῶς οἰκεταῖς, μήτ’ οὖν θηλείαις μήτ’ ἄῤῥεσιν.

213Aristotle (Polit. vii. p. 1330, a. 27; Œconom. i. p. 1344, b. 18) agrees with Plato as to the danger of having slaves who speak the same language and are of the same tribes, with common lineage and sympathies. He disapproves of anything which tends to impart spirit and independence to the slave’s character; and he takes occasion from hence to deduce some objections against various arrangements of the Platonic Republic (Politic. ii. p. 1264, a. 35). These are precautions — πρὸς τὸ μηδὲν νεωτερίζειν. But Aristotle dissents from Plato on another point — where Plato enjoins that the master shall not exhort or admonish his slave, but shall address to him no word except the word of command (Aristot. Politic. i. p. 1260, b. 5). Aristotle says that there is a certain special and inferior kind of ἀρετὴ which the slave can possess and ought to possess; that this ought to be communicated to him by the admonition and exhortation of the master; and that the master ought to admonish his slaves even more than he admonishes his children. The slave requires a certain ἠθικὴν ἀρετήν, so that he may not be hindered from his duty by ἀκολασία or δειλία: but it is an ἀρετὴ μικρά: the courage required for the slave is ὑπηρετική, that for the master ἀρχική (ib. p. 1260, a. 22-35). This measure of virtue the master must impart to the slave by exhortation, over and above the orders which he gives as to the performance of work. It would appear, however, that in Aristotle’s time there were various persons who denied that there was any ἀρετὴ belonging to a slave — παρὰ τὰς ὀργανικὰς καὶ διακονικάς (p. 1259, b. 23). Upon this last theory is founded the injunction of Plato which Aristotle here controverts.What Aristotle says about slaves in the fifth chapter of the first book of his Œconomica, is superior to what he says in the Politica, and superior to anything which we read in the Platonic Treatise De Legibus.

What Aristotle says about slaves in the fifth chapter of the first book of his Œconomica, is superior to what he says in the Politica, and superior to anything which we read in the Platonic Treatise De Legibus.

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.214When once the city is erected, the Astynomi or Ædiles are to be charged with the duty of maintaining its integrity and cleanliness.

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