Chapter XXXIX: Leges and Epinomis (4)

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]

[Footnote 168: Plato, Legg. v. p. 744 B, vi. p. 754 E.]

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]

[Footnote 169: Plato, Legg. v. pp. 742 E, 743 A, 744 E.]

[Footnote 170: Plato, Legg. v. p. 742 D.]

[Footnote 171: Plato, Legg. v. p. 742 A.]

[Footnote 172: Plato, Legg. v. p. 742 C.]

[Side-note: 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.

[Footnote 173: Plato, Legg. vi. pp. 752 D, 754 C.]

[Footnote 174: Plato, Legg. vi. p. 753 C-D.]

[Footnote 175: Plato, Legg. vi. p. 755 A.]

[Side-note: 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]

[Footnote 176: Plato, 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]

[Footnote 177: Plato, 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 [Greek: bouleutai\] 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.]

[Side-note: 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]

[Footnote 178: Livy 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).]

[Footnote 179: Plato, Legg. vi. p. 757 A-B.

Compare a like distinction drawn between two sorts of [Greek: i)so/tês] in Isokrates, Areiopagitic. Orat. vii. s. 23-24; also Aristotel. Politic.]

[Footnote 180: Plato, Legg. vi. p. 757 E. [Greek: dio\ tô=| tou= klê/rou i)/sô| a)na/gkê proschrê/sasthai, duskoli/as tô=n pollô=n e(/neka], &c.]

[Side-note: 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.

[Footnote 181: Plato, Legg. vi. p. 758 C-D.]

[Footnote 182: Plato, Legg. vi. pp. 763-764.]

[Side-note: 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.

[Footnote 183: Plato, Legg. vi. p. 760 D. [Greek: tou\s tê=s chô/ras to/pous metalla/ttontas a)ei\ tô=n e(xê=s to/pôn e(ka/stou mêno\s ê(gei=sthai tou\s phroura/rchous e)pi\ dexia\ ku/klô|; to\ d' e)pide/xia gigne/sthô to\ pro\s e(/ô.]

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

[Footnote 184: Plato, 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.]

[Side-note: 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.

[Footnote 185: Plato, Legg. vi. pp. 760 E-763 A.]

[Footnote 186: Plato, Legg. vi. p. 762 E.]

[Footnote 187: Plato, Legg. vi. p. 763 A-B. [Greek: ei)/te tis kruptou\s ei)/te a)grono/mous ei)/th' o(/, ti kalô=n chai/rei], &c. He notes the hardships endured by these [Greek: Kruptoi\] in their [Greek: Kruptei/a], i. p. 633 C.

The phrase seems however to indicate that Plato did not much like to call his Agronomi by the name of [Greek: Kruptoi/]. The duties performed by the Lacedæmonian [Greek: Kruptoi\] 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.]

[Side-note: 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]

[Footnote 188: Plato, Legg. vi. p. 749 D.]

[Footnote 189: Plato, Legg. vi. p. 759 E.]

[Footnote 190: Plato, 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]

[Footnote 191: Plato, 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 ([Greek: e)pibolê\n e)piba/llein]), 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).]

[Side-note: 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]

[Footnote 192: Plato, Legg. vi. pp. 764-765.]

[Side-note: 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]

[Footnote 193: Plato, Legg. vi. pp. 765-766.]

[Side-note: 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]

[Footnote 194: Plato, Legg. vi. p. 767 A.]

[Footnote 195: Plato, 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--[Greek: a)gô\n i)/dios, di/kê i)di/a, di/kê] in the narrow sense. 2. Complaint, founded upon injury alleged to be done towards some interest not strictly individual--[Greek: a)gô\n dêmo/sios, di/kê dêmosi/a, graphê/] (Meier und Schömann, der Attische Prozess, p. 162).]

[Side-note: 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]

[Footnote 196: Plato, Legg. vi. p. 768 B.]

[Footnote 197: Plato, Legg. vi. p. 767-C-D. [Greek: gigne/sthô koino\n a(/pasi toi=s to\ tri/ton a)mphisbêtou=sin i)diô/tais pro\s a)llê/lous.]]

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

[Footnote 199: Plato, Legg. vi. p. 767 E.]

[Side-note: 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]

[Footnote 200: Plato, Legg. vi. p. 768 B. [Greek: o( ga\r a)koinô/nêtos ô)\n e)xousi/as tou= sundika/zein, ê(gei=tai to\ para/pan tê=s po/leôs ou) me/tochos ei)=nai.] This is a remarkable indication about the tone of Grecian feeling from a very adverse witness.]

[Footnote 201: Plato, Legg. vi. p. 768 A. [Greek: tê\n de\ ba/sanon e)n tai=s megi/stais a)rchai=s trisi/n], &c.

Here the word [Greek: ba/sanos] is used in a much more extended sense than usual, so as to include the whole process of judicial enquiry.]

[Side-note: 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.

[Footnote 202: Plato, Legg. vi. p. 766 E.]

* * * * *

[Side-note: 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]

[Footnote 203: Plato, 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.[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]

[Footnote 204: Plato, Legg. vi. p. 770 C-E.]

[Footnote 205: Plato, Legg. vi. p. 772 C-D.]

[Side-note: 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]

[Footnote 206: Plato, Legg. vi. p. 772 A. [Greek: gumnou\s kai\ gumna\s me/chri per ai)dou=s sô/phronos e(ka/stôn], &c.]

[Footnote 207: Plato, Legg. vi. pp. 772 E, 774 A.]

[Footnote 208: Plato, 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--[Greek: to\ a)ndrei=on ê)=thos] with [Greek: to\ ko/smion ê)=thos]. There is a natural inclination (Plato says) for the [Greek: a)ndrei=oi] to intermarry with each other, and for the [Greek: ko/smioi] 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.]

[Footnote 209: Plato, Legg. vi. p. 775.]

[Footnote 210: Plato, Legg. vi. p. 776 A.]

[Side-note: 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]

[Footnote 211: Plato, 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.]

[Footnote 212: Plato, Legg. vi. p. 777 D-E. [Greek: kola/zein ge mê\n e)n di/kê dou/lous a)ei\, kai\ mê\ nouthetou=ntas ô(s e)leuthe/rous thru/ptesthai poiei=n. Tê\n de\ oi)ketou= pro/srêsin chrê\ schedo\n e)pi/taxin pa=san gi/gnesthai, mê\ prospai/zontas mêdamê=| mêdamô=s oi)ketai=s, mê/t' ou)=n thêlei/ais mê/t' a)/r)r(esin.]]

[Footnote 213: Aristotle (Polit. vii. p. 1330, a. 27; Oeconom. 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--[Greek: pro\s to\ mêde\n neôteri/zein]. 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 [Greek: a)retê\] 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 [Greek: ê)thikê\n a)retê/n], so that he may not be hindered from his duty by [Greek: a)kolasi/a] or [Greek: deili/a]: but it is an [Greek: a)retê\ mikra/]: the courage required for the slave is [Greek: u(pêretikê/], that for the master [Greek: a)rchikê/] (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 [Greek: a)retê\] belonging to a slave--[Greek: para\ ta\s o)rganika\s kai\ diakonika/s] (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 Oeconomica, is superior to what he says in the Politica, and superior to anything which we read in the Platonic Treatise De Legibus.]

[Side-note: 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.

[Footnote 214: Plato, Legg. vi. pp. 778-779.]

[Side-note: 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.

[Footnote 215: Plato, Legg. vi. p. 780 A, vii. p. 790 A.]

[Footnote 216: Plato. Legg. vi. p. 781 A.]

[Side-note: 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]

[Footnote 217: Plato, Legg. vi. p. 784.]

[Side-note: 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]

[Footnote 218: Plato, Legg. vi. pp. 784-785.]

[Footnote 219: Plato, Legg. vi. p. 785 A. [Greek: kai\ metriazo/ntôn me\n peri\ ta\ toiau=ta tô=n pleio/nôn a)nomothe/têta sigê=| kei/sthô, a)kosmou/ntôn de\ nomothetêthe/nta tau/tê| pratte/sthô], &c.]

[Side-note: 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, Plato[220] 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]

[Footnote 220: Plato, Legg. vii. pp. 788-790 A.]

[Footnote 221: Plato, Legg. vii. p. 789.]

[Footnote 222: Plato, Legg. vii. pp. 789 E, 790 A.]

[Footnote 223: Plato, Legg. vii. p. 790 C-D. [Greek: la/bômen toi/nun tou=to oi(=on stoichei=on e)p' a)mpho/tera sô/mato/s te kai\ psuchê=s tô=n pa/nu ne/ôn, tê\n tithê/nêsin kai\ ki/nêsin, gignome/nên o(/ti ma/lista dia\ pa/sês nukto/s te kai\ ê(me/ras, ô(s e)/sti xu/mphoros a(/pasi me/n, ou)ch ê(/kista de\ toi=s o(/, ti neôta/toisi, kai\ oi)kei=n, ei) dunato\n ê)=n, oi(=on a)ei\ ple/ontas; nu=n d' ô(s e)ggu/tata tou/tou poiei=n dei= peri\ ta\ neogenê= pai/dôn thre/mmata.]]

[Footnote 224: Plato, Legg. vii. pp. 790 E-791 A. [Greek: deimai/nein e)sti/ pou tau=t' a)mpho/tera ta\ pa/thê, kai\ e)/sti dei/mata di' e(/xin phau/lên tê=s psuchê=s tina/. o(/tan ou)=n e)/xôthe/n tis prosphe/rê toi=s toiou/tois pa/thesi seismo/n, ê( tô=n e)/xôthen kratei= ki/nêsis prospherome/nê tê\n e)nto\s phobera\n ou)=san kai\ manikê\n ki/nêsin, kratê/sasa de\ galê/nên ê(suchi/an tê=s peri\ ta\ tê=s kardi/as chalepê=s genome/nês e(ka/stôn pêdê/seôs.]

About the effect of the movement, bustle, noise, and solemn exhibitions, &c., of a Grecian festival, in appeasing the over-wrought internal excitement of those who took part in it, see Lobeck, Aglaophamus, p. 689.

Compare Euripid. Hippolyt. 141, where the Chorus addresses the love-sick Phædra:--

[Greek: su\ ta)/r' e)/ntheos, ô)= kou/ra, ei)/t' e)k Pano\s ei)/th' E(ka/tas, ê)\ semnô=n Koruba/ntôn, ê)\ matro\s o)rei/as phoita=|s.]

Also Eurip. Medea, 1172 about [Greek: Pano\s o)rga/s].]

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]

[Footnote 225: Plato, Legg. vii. p. 791 C.]

[Footnote 226: Plato, Legg. vii. p. 791 D.]

[Footnote 227: Plato, Legg. vii. p. 792 C-D.]

[Side-note: 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 Aristotle[228] 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]

[Footnote 228: Aristot. De Animâ, i. 1.]

[Footnote 229: Plato, Legg. vii. p. 791 B. [Greek: kateirga/sato a)nti\ manikô=n ê(mi=n diathe/seôn e(/xeis e)/mphronas e)/chein.]

Servius observes (Not. ad Virgil. Bucol. v. 73):--"Sane, ut in religionibus saltaretur, hæc ratio est, quod nullam majores nostri partem corporis esse voluerunt, quæ non sentiret religionem. Nam cantus ad animam, saltatio ad mobilitatem pertinet corporis."]

[Footnote 230: Plato, Legg. vii. p. 793 C-D.]

[Side-note: 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]

[Footnote 231: Plato, Legg. vii. p. 794 B-D.]

[Footnote 232: Plato, Legg. vii. p. 795 D. [Greek: a)rchou/sais te kai\ a)/rchousi]. Also p. 806 E.]

[Footnote 233: Plato, Legg. vii. pp. 794-795, 804 D.]

[Footnote 234: Plato, Legg. vii. p. 796 C-D.]

[Side-note: 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]

[Footnote 235: Plato, Legg. vii. p. 803 C-E.]

[Footnote 236: Plato, Legg. vii. p. 799.]

[Footnote 237: Plato, Legg. vii. p. 797.]

[Footnote 238: Plato, Legg. vii. pp. 800 A, 801 B, 802 B.]

[Footnote 239: Plato, Legg. vii. p. 802 D-E.]

[Footnote 240: Plato, Legg. vii. p. 802 C. [Greek: kai\ mê\ paratitheme/nês tê=s glukei/as Mou/sês.]]

[Footnote 241: Plato, Legg. vii. p. 800 B-E. 801 A: [Greek: eu)phêmi/a, kai\ dê\ kai\ to\ tê=s ô)|dê=s ge/nos eu)/phêmon ê(mi=n pa/ntê| pa/ntôs u(parche/tô.]

This is a remarkable declaration of Plato, condemning the tragic representations at Athens. Compare Gorgias, p. 501; Republic, x. p. 605; also about the effect on the spectators, Ion, p. 535 E.

The idea of [Greek: eu)phêmi/a] is more negative than positive; it is often shown by silence. The [Greek: dusphê/miai] (Soph. Phil. 10), or [Greek: blasphêmi/a], as Plato calls it, are the positive act or ill-omened manifestation. Plato, Phædon, p. 117: [Greek: e)n eu)phêmi/a| chrê\ teleuta=|n.]]

[Side-note: 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]

[Footnote 242: Plato, Legg. vii. p. 810 A.]

[Footnote 243: Plato, Legg. vii. pp. 808 C, 809 B.]

[Footnote 244: Plato, Legg. vii. pp. 804 D, 813 E.]

[Footnote 245: Plato, Legg. vii. p. 811 E. Any new poet who wishes to exhibit must submit his compositions to the Censors. P. 817 C-D.]