Politics: A Treatise on Government

There are two considerations which offer themselves with respect to the government established at Lacedaemon and Crete, and indeed in almost all other states whatsoever; one is whether their laws do or do not promote the best establishment possible? the other is whether there is anything, if we consider either the principles upon which it is founded or the executive part of it, which prevents the form of government that they had proposed to follow from being observed; now it is allowed that in every well-regulated state the members of it should be free from servile labour; but in what manner this shall be effected is not so easy to determine; for the Penestse have very often attacked the Thessalians, and the Helots the Lacedaemonians, for they in a manner continually watch an opportunity for some misfortune befalling them. But no such thing has ever happened to the Cretans; the [1269b] reason for which probably is, that although they are engaged in frequent wars with the neighbouring cities, yet none of these would enter into an alliance with the revolters, as it would be disadvantageous for them, who themselves also have their villains. But now there is perpetual enmity between the Lacedaemonians and all their neighbours, the Argives, the Messenians, and the Arcadians. Their slaves also first revolted from the Thessalians while they were engaged in wars with their neighbours the Acheans, the Perrabeans, and the Magnesians. It seems to me indeed, if nothing else, yet something very troublesome to keep upon proper terms with them; for if you are remiss in your discipline they grow insolent, and think themselves upon an equality with their masters; and if they are hardly used they are continually plotting against you and hate you. It is evident, then, that those who employ slaves have not as yet hit upon the right way of managing them. As to the indulging of women in any particular liberties, it is hurtful to the end of government and the prosperity of the city; for as a man and his wife are the two parts of a family, if we suppose a city to be divided into two parts, we must allow that the number of men and women will be equal. In whatever city then the women are not under good regulations, we must look upon one half of it as not under the restraint of law, as it there happened; for the legislator, desiring to make his whole city a collection of warriors with respect to the men, he most evidently accomplished his design; but in the meantime the women were quite neglected, for they live without restraint in every improper indulgence and luxury. So that in such a state riches will necessarily be in general esteem, particularly if the men are governed by their wives, which has been the case with many a brave and warlike people except the Celts, and those other nations, if there are any such, who openly practise pederasty. And the first mythologists seem not improperly to have joined Mars and Venus together; for all nations of this character are greatly addicted either to the love of women or of boys, for which reason it was thus at Lacedaemon; and many things in their state were done by the authority of the women. For what is the difference, if the power is in the hands of the women, or in the hands of those whom they themselves govern? it must turn to the same account. As this boldness of the women can be of no use in any common occurrences, if it was ever so, it must be in war; but even here we find that the Lacedaemonian women were of the greatest disservice, as was proved at the time of the Theban invasion, when they were of no use at all, as they are in other cities, but made more disturbance than even the enemy. The origin of this indulgence which the Lacedaemonian women enjoy is easily accounted for, from the long time the men were absent from home upon foreign expeditions [1270a] against the Argives, and afterwards the Arcadians and Messenians, so that, when these wars were at an end, their military life, in which there is no little virtue, prepared them to obey the precepts of their law-giver; but we are told, that when Lycurgus endeavoured also to reduce the women to an obedience to his laws, upon their refusal he declined it. It may indeed be said that the women were the causes of these things, and of course all the fault was theirs. But we are not now considering where the fault lies, or where it does not lie, but what is right and what is wrong; and when the manners of the women are not well regulated, as I have already said, it must not only occasion faults which are disgraceful to the state, but also increase the love of money. In the next place, fault may be found with his unequal division of property, for some will have far too much, others too little; by which means the land will come into few hands, which business is badly regulated by his laws. For he made it infamous for any one either to buy or sell their possessions, in which he did right; but he permitted any one that chose it to give them away, or bequeath them, although nearly the same consequences will arise from one practice as from the other. It is supposed that near two parts in five of the whole country is the property of women, owing to their being so often sole heirs, and having such large fortunes in marriage; though it would be better to allow them none, or a little, or a certain regulated proportion. Now every one is permitted to make a woman his heir if he pleases; and if he dies intestate, he who succeeds as heir at law gives it to whom he pleases. From whence it happens that although the country is able to support fifteen hundred horse and thirty thousand foot, the number does not amount to one thousand. And from these facts it is evident, that this particular is badly regulated; for the city could not support one shock, but was ruined for want of men. They say, that during the reigns of their ancient kings they used to present foreigners with the freedom of their city, to prevent there being a want of men while they carried on long wars; it is also affirmed that the number of Spartans was formerly ten thousand; but be that as it will, an equality of property conduces much to increase the number of the people. The law, too, which he made to encourage population was by no means calculated to correct this inequality; for being willing that the Spartans should be as numerous as [1270b] possible, to make them desirous of having large families he ordered that he who had three children should be excused the night-watch, and that he who had four should pay no taxes: though it is very evident, that while the land was divided in this manner, that if the people increased there must many of them be very poor. Nor was he less blamable for the manner in which he constituted the ephori; for these magistrates take cognisance of things of the last importance, and yet they are chosen out of the people in general; so that it often happens that a very poor person is elected to that office, who, from that circumstance, is easily bought. There have been many instances of this formerly, as well as in the late affair at Andros. And these men, being corrupted with money, went as far as they could to ruin the city: and, because their power was too great and nearly tyrannical, their kings were obliged to natter them, which contributed greatly to hurt the state; so that it altered from an aristocracy to a democracy. This magistracy is indeed the great support of the state; for the people are easy, knowing that they are eligible to the first office in it; so that, whether it took place by the intention of the legislator, or whether it happened by chance, this is of great service to their affairs; for it is necessary that every member of the state should endeavour that each part of the government should be preserved, and continue the same. And upon this principle their kings have always acted, out of regard to their honour; the wise and good from their attachment to the senate, a seat wherein they consider as the reward of virtue; and the common people, that they may support the ephori, of whom they consist. And it is proper that these magistrates should be chosen out of the whole community, not as the custom is at present, which is very ridiculous. The ephori are the supreme judges in causes of the last consequence; but as it is quite accidental what sort of persons they may be, it is not right that they should determine according to their own opinion, but by a written law or established custom. Their way of life also is not consistent with the manners of the city, for it is too indulgent; whereas that of others is too severe; so that they cannot support it, but are obliged privately to act contrary to law, that they may enjoy some of the pleasures of sense. There are also great defects in the institution of their senators. If indeed they were fitly trained to the practice of every human virtue, every one would readily admit that they would be useful to the government; but still it might be debated whether they should be continued judges for life, to determine points of the greatest moment, since the mind has its old age as well as the body; but as they are so brought up, [1271a] that even the legislator could not depend upon them as good men, their power must be inconsistent with the safety of the state: for it is known that the members of that body have been guilty both of bribery and partiality in many public affairs; for which reason it had been much better if they had been made answerable for their conduct, which they are not. But it may be said the ephori seem to have a check upon all the magistrates. They have indeed in this particular very great power; but I affirm that they should not be entrusted with this control in the manner they are. Moreover, the mode of choice which they make use of at the election of their senators is very childish. Nor is it right for any one to solicit for a place he is desirous of; for every person, whether he chooses it or not, ought to execute any office he is fit for. But his intention was evidently the same in this as in the other parts of his government. For making his citizens ambitious after honours, with men of that disposition he has filled his senate, since no others will solicit for that office; and yet the principal part of those crimes which men are deliberately guilty of arise from ambition and avarice. We will inquire at another time whether the office of a king is useful to the state: thus much is certain, that they should be chosen from a consideration of their conduct and not as they are now. But that the legislator himself did not expect to make all his citizens honourable and completely virtuous is evident from this, that he distrusts them as not being good men; for he sent those upon the same embassy that were at variance with each other; and thought, that in the dispute of the kings the safety of the state consisted. Neither were their common meals at first well established: for these should rather have been provided at the public expense, as