# Laws (Jowett)/Book V

ATHENIAN: Listen, all ye who have just now heard the laws about Gods, and about our dear forefathers:―Of all the things which a man has, next to the Gods, his soul is the most divine and most truly his own. Now in every man there are two parts: the better and superior, which rules, and the worse and inferior, which serves; and the ruling part of him is always to be preferred to the subject. Wherefore I am right in bidding every one next to the Gods, who are our masters, and those who in order follow them (i.e. the demons), to honour his own soul, which every one seems to honour, but no one honours as he ought; for honour is a divine good, and no evil thing is honourable; and he who thinks that he can honour the soul by word or gift, or any sort of compliance, without making her in any way better, seems to honour her, but honours her not at all. For example, every man, from his very boyhood, fancies that he is able to know everything, and thinks that he honours his soul by praising her, and he is very ready to let her do whatever she may like. But I mean to say that in acting thus he injures his soul, and is far from honouring her; whereas, in our opinion, he ought to honour her as second only to the Gods. Again, when a man thinks that others are to be blamed, and not himself, for the errors which he has committed from time to time, and the many and great evils which befell him in consequence, and is always fancying himself to be exempt and innocent, he is under the idea that he is honouring his soul; whereas the very reverse is the fact, for he is really injuring her. And when, disregarding the word and approval of the legislator, he indulges in pleasure, then again he is far from honouring her; he only dishonours her, and fills her full of evil and remorse; or when he does not endure to the end the labours and fears and sorrows and pains which the legislator approves, but gives way before them, then, by yielding, he does not honour the soul, but by all such conduct he makes her to be dishonourable; nor when he thinks that life at any price is a good, does he honour her, but yet once more he dishonours her; for the soul having a notion that the world below is all evil, he yields to her, and does not resist and teach or convince her that, for aught she knows, the world of the Gods below, instead of being evil, may be the greatest of all goods. Again, when any one prefers beauty to virtue, what is this but the real and utter dishonour of the soul? For such a preference implies that the body is more honourable than the soul; and this is false, for there is nothing of earthly birth which is more honourable than the heavenly, and he who thinks otherwise of the soul has no idea how greatly he undervalues this wonderful possession; nor, again, when a person is willing, or not unwilling, to acquire dishonest gains, does he then honour his soul with gifts―far otherwise; he sells her glory and honour for a small piece of gold; but all the gold which is under or upon the earth is not enough to give in exchange for virtue. In a word, I may say that he who does not estimate the base and evil, the good and noble, according to the standard of the legislator, and abstain in every possible way from the one and practise the other to the utmost of his power, does not know that in all these respects he is most foully and disgracefully abusing his soul, which is the divinest part of man; for no one, as I may say, ever considers that which is declared to be the greatest penalty of evil-doing―namely, to grow into the likeness of bad men, and growing like them to fly from the conversation of the good, and be cut off from them, and cleave to and follow after the company of the bad. And he who is joined to them must do and suffer what such men by nature do and say to one another,―a suffering which is not justice but retribution; for justice and the just are noble, whereas retribution is the suffering which waits upon injustice; and whether a man escape or endure this, he is miserable,―in the former case, because he is not cured; while in the latter, he perishes in order that the rest of mankind may be saved.
Speaking generally, our glory is to follow the better and improve the inferior, which is susceptible of improvement, as far as this is possible. And of all human possessions, the soul is by nature most inclined to avoid the evil, and track out and find the chief good; which when a man has found, he should take up his abode with it during the remainder of his life. Wherefore the soul also is second (or next to God) in honour; and third, as every one will perceive, comes the honour of the body in natural order. Having determined this, we have next to consider that there is a natural honour of the body, and that of honours some are true and some are counterfeit. To decide which are which is the business of the legislator; and he, I suspect, would intimate that they are as follows:―Honour is not to be given to the fair body, or to the strong or the swift or the tall, or to the healthy body (although many may think otherwise), any more than to their opposites; but the mean states of all these habits are by far the safest and most moderate; for the one extreme makes the soul braggart and insolent, and the other, illiberal and base; and money, and property, and distinction all go to the same tune. The excess of any of these things is apt to be a source of hatreds and divisions among states and individuals; and the defect of them is commonly a cause of slavery. And, therefore, I would not have any one fond of heaping up riches for the sake of his children, in order that he may leave them as rich as possible. For the possession of great wealth is of no use, either to them or to the state. The condition of youth which is free from flattery, and at the same time not in need of the necessaries of life, is the best and most harmonious of all, being in accord and agreement with our nature, and making life to be most entirely free from sorrow. Let parents, then, bequeath to their children not a heap of riches, but the spirit of reverence. We, indeed, fancy that they will inherit reverence from us, if we rebuke them when they show a want of reverence. But this quality is not really imparted to them by the present style of admonition, which only tells them that the young ought always to be reverential. A sensible legislator will rather exhort the elders to reverence the younger, and above all to take heed that no young man sees or hears one of themselves doing or saying anything disgraceful; for where old men have no shame, there young men will most certainly be devoid of reverence. The best way of training the young is to train yourself at the same time; not to admonish them, but to be always carrying out your own admonitions in practice. He who honours his kindred, and reveres those who share in the same Gods and are of the same blood and family, may fairly expect that the Gods who preside over generation will be propitious to him, and will quicken his seed. And he who deems the services which his friends and acquaintances do for him, greater and more important than they themselves deem them, and his own favours to them less than theirs to him, will have their good-will in the intercourse of life. And surely in his relations to the state and his fellow citizens, he is by far the best, who rather than the Olympic or any other victory of peace or war, desires to win the palm of obedience to the laws of his country, and who, of all mankind, is the person reputed to have obeyed them best through life. In his relations to strangers, a man should consider that a contract is a most holy thing, and that all concerns and wrongs of strangers are more directly dependent on the protection of God, than wrongs done to citizens; for the stranger, having no kindred and friends, is more to be pitied by Gods and men. Wherefore, also, he who is most able to avenge him is most zealous in his cause; and he who is most able is the genius and the god of the stranger, who follow in the train of Zeus, the god of strangers. And for this reason, he who has a spark of caution in him, will do his best to pass through life without sinning against the stranger. And of offences committed, whether against strangers or fellow- countrymen, that against suppliants is the greatest. For the God who witnessed to the agreement made with the suppliant, becomes in a special manner the guardian of the sufferer; and he will certainly not suffer unavenged.
Thus we have fairly described the manner in which a man is to act about his parents, and himself, and his own affairs; and in relation to the state, and his friends, and kindred, both in what concerns his own countrymen, and in what concerns the stranger. We will now consider what manner of man he must be who would best pass through life in respect of those other things which are not matters of law, but of praise and blame only; in which praise and blame educate a man, and make him more tractable and amenable to the laws which are about to be imposed.
Truth is the beginning of every good thing, both to Gods and men; and he who would be blessed and happy, should be from the first a partaker of the truth, that he may live a true man as long as possible, for then he can be trusted; but he is not to be trusted who loves voluntary falsehood, and he who loves involuntary falsehood is a fool. Neither condition is enviable, for the untrustworthy and ignorant has no friend, and as time advances he becomes known, and lays up in store for himself isolation in crabbed age when life is on the wane: so that, whether his children or friends are alive or not, he is equally solitary.―Worthy of honour is he who does no injustice, and of more than twofold honour, if he not only does no injustice himself, but hinders others from doing any; the first may count as one man, the second is worth many men, because he informs the rulers of the injustice of others. And yet more highly to be esteemed is he who co-operates with the rulers in correcting the citizens as far as he can―he shall be proclaimed the great and perfect citizen, and bear away the palm of virtue. The same praise may be given about temperance and wisdom, and all other goods which may be imparted to others, as well as acquired by a man for himself; he who imparts them shall be honoured as the man of men, and he who is willing, yet is not able, may be allowed the second place; but he who is jealous and will not, if he can help, allow others to partake in a friendly way of any good, is deserving of blame: the good, however, which he has, is not to be undervalued by us because it is possessed by him, but must be acquired by us also to the utmost of our power. Let every man, then, freely strive for the prize of virtue, and let there be no envy. For the unenvious nature increases the greatness of states―he himself contends in the race, blasting the fair fame of no man; but the envious, who thinks that he ought to get the better by defaming others, is less energetic himself in the pursuit of true virtue, and reduces his rivals to despair by his unjust slanders of them. And so he makes the whole city to enter the arena untrained in the practice of virtue, and diminishes her glory as far as in him lies. Now every man should be valiant, but he should also be gentle. From the cruel, or hardly curable, or altogether incurable acts of injustice done to him by others, a man can only escape by fighting and defending himself and conquering, and by never ceasing to punish them; and no man who is not of a noble spirit is able to accomplish this. As to the actions of those who do evil, but whose evil is curable, in the first place, let us remember that the unjust man is not unjust of his own free will. For no man of his own free will would choose to possess the greatest of evils, and least of all in the most honourable part of himself. And the soul, as we said, is of a truth deemed by all men the most honourable. In the soul, then, which is the most honourable part of him, no one, if he could help, would admit, or allow to continue the greatest of evils (compare Republic). The unrighteous and vicious are always to be pitied in any case; and one can afford to forgive as well as pity him who is curable, and refrain and calm one's anger, not getting into a passion, like a woman, and nursing ill- feeling. But upon him who is incapable of reformation and wholly evil, the vials of our wrath should be poured out; wherefore I say that good men ought, when occasion demands, to be both gentle and passionate.
Of all evils the greatest is one which in the souls of most men is innate, and which a man is always excusing in himself and never correcting; I mean, what is expressed in the saying that 'Every man by nature is and ought to be his own friend.' Whereas the excessive love of self is in reality the source to each man of all offences; for the lover is blinded about the beloved, so that he judges wrongly of the just, the good, and the honourable, and thinks that he ought always to prefer himself to the truth. But he who would be a great man ought to regard, not himself or his interests, but what is just, whether the just act be his own or that of another. Through a similar error men are induced to fancy that their own ignorance is wisdom, and thus we who may be truly said to know nothing, think that we know all things; and because we will not let others act for us in what we do not know, we are compelled to act amiss ourselves. Wherefore let every man avoid excess of self-love, and condescend to follow a better man than himself, not allowing any false shame to stand in the way. There are also minor precepts which are often repeated, and are quite as useful; a man should recollect them and remind himself of them. For when a stream is flowing out, there should be water flowing in too; and recollection flows in while wisdom is departing. Therefore I say that a man should refrain from excess either of laughter or tears, and should exhort his neighbour to do the same; he should veil his immoderate sorrow or joy, and seek to behave with propriety, whether the genius of his good fortune remains with him, or whether at the crisis of his fate, when he seems to be mounting high and steep places, the Gods oppose him in some of his enterprises. Still he may ever hope, in the case of good men, that whatever afflictions are to befall them in the future God will lessen, and that present evils He will change for the better; and as to the goods which are the opposite of these evils, he will not doubt that they will be added to them, and that they will be fortunate. Such should be men's hopes, and such should be the exhortations with which they admonish one another, never losing an opportunity, but on every occasion distinctly reminding themselves and others of all these things, both in jest and earnest.
Enough has now been said of divine matters, both as touching the practices which men ought to follow, and as to the sort of persons who they ought severally to be. But of human things we have not as yet spoken, and we must; for to men we are discoursing and not to Gods. Pleasures and pains and desires are a part of human nature, and on them every mortal being must of necessity hang and depend with the most eager interest. And therefore we must praise the noblest life, not only as the fairest in appearance, but as being one which, if a man will only taste, and not, while still in his youth, desert for another, he will find to surpass also in the very thing which we all of us desire,―I mean in having a greater amount of pleasure and less of pain during the whole of life. And this will be plain, if a man has a true taste of them, as will be quickly and clearly seen. But what is a true taste? That we have to learn from the argument―the point being what is according to nature, and what is not according to nature. One life must be compared with another, the more pleasurable with the more painful, after this manner:―We desire to have pleasure, but we neither desire nor choose pain; and the neutral state we are ready to take in exchange, not for pleasure but for pain; and we also wish for less pain and greater pleasure, but less pleasure and greater pain we do not wish for; and an equal balance of either we cannot venture to assert that we should desire. And all these differ or do not differ severally in number and magnitude and intensity and equality, and in the opposites of these when regarded as objects of choice, in relation to desire. And such being the necessary order of things, we wish for that life in which there are many great and intense elements of pleasure and pain, and in which the pleasures are in excess, and do not wish for that in which the opposites exceed; nor, again, do we wish for that in which the elements of either are small and few and feeble, and the pains exceed. And when, as I said before, there is a balance of pleasure and pain in life, this is to be regarded by us as the balanced life; while other lives are preferred by us because they exceed in what we like, or are rejected by us because they exceed in what we dislike. All the lives of men may be regarded by us as bound up in these, and we must also consider what sort of lives we by nature desire. And if we wish for any others, I say that we desire them only through some ignorance and inexperience of the lives which actually exist.
Now, what lives are they, and how many in which, having searched out and beheld the objects of will and desire and their opposites, and making of them a law, choosing, I say, the dear and the pleasant and the best and noblest, a man may live in the happiest way possible? Let us say that the temperate life is one kind of life, and the rational another, and the courageous another, and the healthful another; and to these four let us oppose four other lives―the foolish, the cowardly, the intemperate, the diseased. He who knows the temperate life will describe it as in all things gentle, having gentle pains and gentle pleasures, and placid desires and loves not insane; whereas the intemperate life is impetuous in all things, and has violent pains and pleasures, and vehement and stinging desires, and loves utterly insane; and in the temperate life the pleasures exceed the pains, but in the intemperate life the pains exceed the pleasures in greatness and number and frequency. Hence one of the two lives is naturally and necessarily more pleasant and the other more painful, and he who would live pleasantly cannot possibly choose to live intemperately. And if this is true, the inference clearly is that no man is voluntarily intemperate; but that the whole multitude of men lack temperance in their lives, either from ignorance, or from want of self-control, or both. And the same holds of the diseased and healthy life; they both have pleasures and pains, but in health the pleasure exceeds the pain, and in sickness the pain exceeds the pleasure. Now our intention in choosing the lives is not that the painful should exceed, but the life in which pain is exceeded by pleasure we have determined to be the more pleasant life. And we should say that the temperate life has the elements both of pleasure and pain fewer and smaller and less frequent than the intemperate, and the wise life than the foolish life, and the life of courage than the life of cowardice; one of each pair exceeding in pleasure and the other in pain, the courageous surpassing the cowardly, and the wise exceeding the foolish. And so the one class of lives exceeds the other class in pleasure; the temperate and courageous and wise and healthy exceed the cowardly and foolish and intemperate and diseased lives; and generally speaking, that which has any virtue, whether of body or soul, is pleasanter than the vicious life, and far superior in beauty and rectitude and excellence and reputation, and causes him who lives accordingly to be infinitely happier than the opposite.
Enough of the preamble; and now the laws should follow; or, to speak more correctly, an outline of them. As, then, in the case of a web or any other tissue, the warp and the woof cannot be made of the same materials (compare Statesman), but the warp is necessarily superior as being stronger, and having a certain character of firmness, whereas the woof is softer and has a proper degree of elasticity;―in a similar manner those who are to hold great offices in states, should be distinguished truly in each case from those who have been but slenderly proven by education. Let us suppose that there are two parts in the constitution of a state―one the creation of offices, the other the laws which are assigned to them to administer.
But, before all this, comes the following consideration:―The shepherd or herdsman, or breeder of horses or the like, when he has received his animals will not begin to train them until he has first purified them in a manner which befits a community of animals; he will divide the healthy and unhealthy, and the good breed and the bad breed, and will send away the unhealthy and badly bred to other herds, and tend the rest, reflecting that his labours will be vain and have no effect, either on the souls or bodies of those whom nature and ill nurture have corrupted, and that they will involve in destruction the pure and healthy nature and being of every other animal, if he should neglect to purify them. Now the case of other animals is not so important―they are only worth introducing for the sake of illustration; but what relates to man is of the highest importance; and the legislator should make enquiries, and indicate what is proper for each one in the way of purification and of any other procedure. Take, for example, the purification of a city―there are many kinds of purification, some easier and others more difficult; and some of them, and the best and most difficult of them, the legislator, if he be also a despot, may be able to effect; but the legislator, who, not being a despot, sets up a new government and laws, even if he attempt the mildest of purgations, may think himself happy if he can complete his work. The best kind of purification is painful, like similar cures in medicine, involving righteous punishment and inflicting death or exile in the last resort. For in this way we commonly dispose of great sinners who are incurable, and are the greatest injury of the whole state. But the milder form of purification is as follows:―when men who have nothing, and are in want of food, show a disposition to follow their leaders in an attack on the property of the rich―these, who are the natural plague of the state, are sent away by the legislator in a friendly spirit as far as he is able; and this dismissal of them is euphemistically termed a colony. And every legislator should contrive to do this at once. Our present case, however, is peculiar. For there is no need to devise any colony or purifying separation under the circumstances in which we are placed. But as, when many streams flow together from many sources, whether springs or mountain torrents, into a single lake, we ought to attend and take care that the confluent waters should be perfectly clear, and in order to effect this, should pump and draw off and divert impurities, so in every political arrangement there may be trouble and danger. But, seeing that we are now only discoursing and not acting, let our selection be supposed to be completed, and the desired purity attained. Touching evil men, who want to join and be citizens of our state, after we have tested them by every sort of persuasion and for a sufficient time, we will prevent them from coming; but the good we will to the utmost of our ability receive as friends with open arms.
Another piece of good fortune must not be forgotten, which, as we were saying, the Heraclid colony had, and which is also ours,―that we have escaped division of land and the abolition of debts; for these are always a source of dangerous contention, and a city which is driven by necessity to legislate upon such matters can neither allow the old ways to continue, nor yet venture to alter them. We must have recourse to prayers, so to speak, and hope that a slight change may be cautiously effected in a length of time. And such a change can be accomplished by those who have abundance of land, and having also many debtors, are willing, in a kindly spirit, to share with those who are in want, sometimes remitting and sometimes giving, holding fast in a path of moderation, and deeming poverty to be the increase of a man's desires and not the diminution of his property. For this is the great beginning of salvation to a state, and upon this lasting basis may be erected afterwards whatever political order is suitable under the circumstances; but if the change be based upon an unsound principle, the future administration of the country will be full of difficulties. That is a danger which, as I am saying, is escaped by us, and yet we had better say how, if we had not escaped, we might have escaped; and we may venture now to assert that no other way of escape, whether narrow or broad, can be devised but freedom from avarice and a sense of justice―upon this rock our city shall be built; for there ought to be no disputes among citizens about property. If there are quarrels of long standing among them, no legislator of any degree of sense will proceed a step in the arrangement of the state until they are settled. But that they to whom God has given, as He has to us, to be the founders of a new state as yet free from enmity―that they should create themselves enmities by their mode of distributing lands and houses, would be superhuman folly and wickedness.
How then can we rightly order the distribution of the land? In the first place, the number of the citizens has to be determined, and also the number and size of the divisions into which they will have to be formed; and the land and the houses will then have to be apportioned by us as fairly as we can. The number of citizens can only be estimated satisfactorily in relation to the territory and the neighbouring states. The territory must be sufficient to maintain a certain number of inhabitants in a moderate way of life―more than this is not required; and the number of citizens should be sufficient to defend themselves against the injustice of their neighbours, and also to give them the power of rendering efficient aid to their neighbours when they are wronged. After having taken a survey of their's and their neighbours' territory, we will determine the limits of them in fact as well as in theory. And now, let us proceed to legislate with a view to perfecting the form and outline of our state. The number of our citizens shall be 5040―this will be a convenient number; and these shall be owners of the land and protectors of the allotment. The houses and the land will be divided in the same way, so that every man may correspond to a lot. Let the whole number be first divided into two parts, and then into three; and the number is further capable of being divided into four or five parts, or any number of parts up to ten. Every legislator ought to know so much arithmetic as to be able to tell what number is most likely to be useful to all cities; and we are going to take that number which contains the greatest and most regular and unbroken series of divisions. The whole of number has every possible division, and the number 5040 can be divided by exactly fifty-nine divisors, and ten of these proceed without interval from one to ten: this will furnish numbers for war and peace, and for all contracts and dealings, including taxes and divisions of the land. These properties of number should be ascertained at leisure by those who are bound by law to know them; for they are true, and should be proclaimed at the foundation of the city, with a view to use. Whether the legislator is establishing a new state or restoring an old and decayed one, in respect of Gods and temples,―the temples which are to be built in each city, and the Gods or demi-gods after whom they are to be called,―if he be a man of sense, he will make no change in anything which the oracle of Delphi, or Dodona, or the God Ammon, or any ancient tradition has sanctioned in whatever manner, whether by apparitions or reputed inspiration of Heaven, in obedience to which mankind have established sacrifices in connexion with mystic rites, either originating on the spot, or derived from Tyrrhenia or Cyprus or some other place, and on the strength of which traditions they have consecrated oracles and images, and altars and temples, and portioned out a sacred domain for each of them. The least part of all these ought not to be disturbed by the legislator; but he should assign to the several districts some God, or demi-god, or hero, and, in the distribution of the soil, should give to these first their chosen domain and all things fitting, that the inhabitants of the several districts may meet at fixed times, and that they may readily supply their various wants, and entertain one another with sacrifices, and become friends and acquaintances; for there is no greater good in a state than that the citizens should be known to one another. When not light but darkness and ignorance of each other's characters prevails among them, no one will receive the honour of which he is deserving, or the power or the justice to which he is fairly entitled: wherefore, in every state, above all things, every man should take heed that he have no deceit in him, but that he be always true and simple; and that no deceitful person take any advantage of him.
The next move in our pastime of legislation, like the withdrawal of the stone from the holy line in the game of draughts, being an unusual one, will probably excite wonder when mentioned for the first time. And yet, if a man will only reflect and weigh the matter with care, he will see that our city is ordered in a manner which, if not the best, is the second best. Perhaps also some one may not approve this form, because he thinks that such a constitution is ill adapted to a legislator who has not despotic power. The truth is, that there are three forms of government, the best, the second and the third best, which we may just mention, and then leave the selection to the ruler of the settlement. Following this method in the present instance, let us speak of the states which are respectively first, second, and third in excellence, and then we will leave the choice to Cleinias now, or to any one else who may hereafter have to make a similar choice among constitutions, and may desire to give to his state some feature which is congenial to him and which he approves in his own country.
The first and highest form of the state and of the government and of the law is that in which there prevails most widely the ancient saying, that 'Friends have all things in common.' Whether there is anywhere now, or will ever be, this communion of women and children and of property, in which the private and individual is altogether banished from life, and things which are by nature private, such as eyes and ears and hands, have become common, and in some way see and hear and act in common, and all men express praise and blame and feel joy and sorrow on the same occasions, and whatever laws there are unite the city to the utmost (compare Republic),―whether all this is possible or not, I say that no man, acting upon any other principle, will ever constitute a state which will be truer or better or more exalted in virtue. Whether such a state is governed by Gods or sons of Gods, one, or more than one, happy are the men who, living after this manner, dwell there; and therefore to this we are to look for the pattern of the state, and to cling to this, and to seek with all our might for one which is like this. The state which we have now in hand, when created, will be nearest to immortality and the only one which takes the second place; and after that, by the grace of God, we will complete the third one. And we will begin by speaking of the nature and origin of the second.
Let the citizens at once distribute their land and houses, and not till the land in common, since a community of goods goes beyond their proposed origin, and nurture, and education. But in making the distribution, let the several possessors feel that their particular lots also belong to the whole city; and seeing that the earth is their parent, let them tend her more carefully than children do their mother. For she is a goddess and their queen, and they are her mortal subjects. Such also are the feelings which they ought to entertain to the Gods and demi-gods of the country. And in order that the distribution may always remain, they ought to consider further that the present number of families should be always retained, and neither increased nor diminished. This may be secured for the whole city in the following manner:―Let the possessor of a lot leave the one of his children who is his best beloved, and one only, to be the heir of his dwelling, and his successor in the duty of ministering to the Gods, the state and the family, as well the living members of it as those who are departed when he comes into the inheritance; but of his other children, if he have more than one, he shall give the females in marriage according to the law to be hereafter enacted, and the males he shall distribute as sons to those citizens who have no children, and are disposed to receive them; or if there should be none such, and particular individuals have too many children, male or female, or too few, as in the case of barrenness―in all these cases let the highest and most honourable magistracy created by us judge and determine what is to be done with the redundant or deficient, and devise a means that the number of 5040 houses shall always remain the same. There are many ways of regulating numbers; for they in whom generation is affluent may be made to refrain (compare Arist. Pol.), and, on the other hand, special care may be taken to increase the number of births by rewards and stigmas, or we may meet the evil by the elder men giving advice and administering rebuke to the younger―in this way the object may be attained. And if after all there be very great difficulty about the equal preservation of the 5040 houses, and there be an excess of citizens, owing to the too great love of those who live together, and we are at our wits' end, there is still the old device often mentioned by us of sending out a colony, which will part friends with us, and be composed of suitable persons. If, on the other hand, there come a wave bearing a deluge of disease, or a plague of war, and the inhabitants become much fewer than the appointed number by reason of bereavement, we ought not to introduce citizens of spurious birth and education, if this can be avoided; but even God is said not to be able to fight against necessity.
Wherefore let us suppose this 'high argument' of ours to address us in the following terms:―Best of men, cease not to honour according to nature similarity and equality and sameness and agreement, as regards number and every good and noble quality. And, above all, observe the aforesaid number 5040 throughout life; in the second place, do not disparage the small and modest proportions of the inheritances which you received in the distribution, by buying and selling them to one another. For then neither will the God who gave you the lot be your friend, nor will the legislator; and indeed the law declares to the disobedient that these are the terms upon which he may or may not take the lot. In the first place, the earth as he is informed is sacred to the Gods; and in the next place, priests and priestesses will offer up prayers over a first, and second, and even a third sacrifice, that he who buys or sells the houses or lands which he has received, may suffer the punishment which he deserves; and these their prayers they shall write down in the temples, on tablets of cypress-wood, for the instruction of posterity. Moreover they will set a watch over all these things, that they may be observed;―the magistracy which has the sharpest eyes shall keep watch that any infringement of these commands may be discovered and punished as offences both against the law and the God. How great is the benefit of such an ordinance to all those cities, which obey and are administered accordingly, no bad man can ever know, as the old proverb says; but only a man of experience and good habits. For in such an order of things there will not be much opportunity for making money; no man either ought, or indeed will be allowed, to exercise any ignoble occupation, of which the vulgarity is a matter of reproach to a freeman, and should never want to acquire riches by any such means.
Further, the law enjoins that no private man shall be allowed to possess gold and silver, but only coin for daily use, which is almost necessary in dealing with artisans, and for payment of hirelings, whether slaves or immigrants, by all those persons who require the use of them. Wherefore our citizens, as we say, should have a coin passing current among themselves, but not accepted among the rest of mankind; with a view, however, to expeditions and journeys to other lands,―for embassies, or for any other occasion which may arise of sending out a herald, the state must also possess a common Hellenic currency. If a private person is ever obliged to go abroad, let him have the consent of the magistrates and go; and if when he returns he has any foreign money remaining, let him give the surplus back to the treasury, and receive a corresponding sum in the local currency. And if he is discovered to appropriate it, let it be confiscated, and let him who knows and does not inform be subject to curse and dishonour equally him who brought the money, and also to a fine not less in amount than the foreign money which has been brought back. In marrying and giving in marriage, no one shall give or receive any dowry at all; and no one shall deposit money with another whom he does not trust as a friend, nor shall he lend money upon interest; and the borrower should be under no obligation to repay either capital or interest. That these principles are best, any one may see who compares them with the first principle and intention of a state. The intention, as we affirm, of a reasonable statesman, is not what the many declare to be the object of a good legislator, namely, that the state for the true interests of which he is advising should be as great and as rich as possible, and should possess gold and silver, and have the greatest empire by sea and land;―this they imagine to be the real object of legislation, at the same time adding, inconsistently, that the true legislator desires to have the city the best and happiest possible. But they do not see that some of these things are possible, and some of them are impossible; and he who orders the state will desire what is possible, and will not indulge in vain wishes or attempts to accomplish that which is impossible. The citizen must indeed be happy and good, and the legislator will seek to make him so; but very rich and very good at the same time he cannot be, not, at least, in the sense in which the many speak of riches. For they mean by 'the rich' the few who have the most valuable possessions, although the owner of them may quite well be a rogue. And if this is true, I can never assent to the doctrine that the rich man will be happy―he must be good as well as rich. And good in a high degree, and rich in a high degree at the same time, he cannot be. Some one will ask, why not? And we shall answer―Because acquisitions which come from sources which are just and unjust indifferently, are more than double those which come from just sources only; and the sums which are expended neither honourably nor disgracefully, are only half as great as those which are expended honourably and on honourable purposes. Thus, if the one acquires double and spends half, the other who is in the opposite case and is a good man cannot possibly be wealthier than he. The first―I am speaking of the saver and not of the spender―is not always bad; he may indeed in some cases be utterly bad, but, as I was saying, a good man he never is. For he who receives money unjustly as well as justly, and spends neither nor unjustly, will be a rich man if he be also thrifty. On the other hand, the utterly bad is in general profligate, and therefore very poor; while he who spends on noble objects, and acquires wealth by just means only, can hardly be remarkable for riches, any more than he can be very poor. Our statement, then, is true, that the very rich are not good, and, if they are not good, they are not happy. But the intention of our laws was, that the citizens should be as happy as may be, and as friendly as possible to one another. And men who are always at law with one another, and amongst whom there are many wrongs done, can never be friends to one another, but only those among whom crimes and lawsuits are few and slight. Therefore we say that gold and silver ought not to be allowed in the city, nor much of the vulgar sort of trade which is carried on by lending money, or rearing the meaner kinds of live stock; but only the produce of agriculture, and only so much of this as will not compel us in pursuing it to neglect that for the sake of which riches exist―I mean, soul and body, which without gymnastics, and without education, will never be worth anything; and therefore, as we have said not once but many times, the care of riches should have the last place in our thoughts. For there are in all three things about which every man has an interest; and the interest about money, when rightly regarded, is the third and lowest of them: midway comes the interest of the body; and, first of all, that of the soul; and the state which we are describing will have been rightly constituted if it ordains honours according to this scale. But if, in any of the laws which have been ordained, health has been preferred to temperance, or wealth to health and temperate habits, that law must clearly be wrong. Wherefore, also, the legislator ought often to impress upon himself the question― 'What do I want?' and 'Do I attain my aim, or do I miss the mark?' In this way, and in this way only, he may acquit himself and free others from the work of legislation.
Let the allottee then hold his lot upon the conditions which we have mentioned.
It would be well that every man should come to the colony having all things equal; but seeing that this is not possible, and one man will have greater possessions than another, for many reasons and in particular in order to preserve equality in special crises of the state, qualifications of property must be unequal, in order that offices and contributions and distributions may be proportioned to the value of each person's wealth, and not solely to the virtue of his ancestors or himself, nor yet to the strength and beauty of his person, but also to the measure of his wealth or poverty; and so by a law of inequality, which will be in proportion to his wealth, he will receive honours and offices as equally as possible, and there will be no quarrels and disputes. To which end there should be four different standards appointed according to the amount of property: there should be a first and a second and a third and a fourth class, in which the citizens will be placed, and they will be called by these or similar names: they may continue in the same rank, or pass into another in any individual case, on becoming richer from being poorer, or poorer from being richer. The form of law which I should propose as the natural sequel would be as follows:―In a state which is desirous of being saved from the greatest of all plagues―not faction, but rather distraction;―there should exist among the citizens neither extreme poverty, nor, again, excess of wealth, for both are productive of both these evils. Now the legislator should determine what is to be the limit of poverty or wealth. Let the limit of poverty be the value of the lot; this ought to be preserved, and no ruler, nor any one else who aspires after a reputation for virtue, will allow the lot to be impaired in any case. This the legislator gives as a measure, and he will permit a man to acquire double or triple, or as much as four times the amount of this (compare Arist. Pol.). But if a person have yet greater riches, whether he has found them, or they have been given to him, or he has made them in business, or has acquired by any stroke of fortune that which is in excess of the measure, if he give back the surplus to the state, and to the Gods who are the patrons of the state, he shall suffer no penalty or loss of reputation; but if he disobeys this our law, any one who likes may inform against him and receive half the value of the excess, and the delinquent shall pay a sum equal to the excess out of his own property, and the other half of the excess shall belong to the Gods. And let every possession of every man, with the exception of the lot, be publicly registered before the magistrates whom the law appoints, so that all suits about money may be easy and quite simple.
The next thing to be noted is, that the city should be placed as nearly as possible in the centre of the country; we should choose a place which possesses what is suitable for a city, and this may easily be imagined and described. Then we will divide the city into twelve portions, first founding temples to Hestia, to Zeus and to Athene, in a spot which we will call the Acropolis, and surround with a circular wall, making the division of the entire city and country radiate from this point. The twelve portions shall be equalized by the provision that those which are of good land shall be smaller, while those of inferior quality shall be larger. The number of the lots shall be 5040, and each of them shall be divided into two, and every allotment shall be composed of two such sections; one of land near the city, the other of land which is at a distance (compare Arist. Pol.). This arrangement shall be carried out in the following manner: The section which is near the city shall be added to that which is on the borders, and form one lot, and the portion which is next nearest shall be added to the portion which is next farthest; and so of the rest. Moreover, in the two sections of the lots the same principle of equalization of the soil ought to be maintained; the badness and goodness shall be compensated by more and less. And the legislator shall divide the citizens into twelve parts, and arrange the rest of their property, as far as possible, so as to form twelve equal parts; and there shall be a registration of all. After this they shall assign twelve lots to twelve Gods, and call them by their names, and dedicate to each God their several portions, and call the tribes after them. And they shall distribute the twelve divisions of the city in the same way in which they divided the country; and every man shall have two habitations, one in the centre of the country, and the other at the extremity. Enough of the manner of settlement.
Now we ought by all means to consider that there can never be such a happy concurrence of circumstances as we have described; neither can all things coincide as they are wanted. Men who will not take offence at such a mode of living together, and will endure all their life long to have their property fixed at a moderate limit, and to beget children in accordance with our ordinances, and will allow themselves to be deprived of gold and other things which the legislator, as is evident from these enactments, will certainly forbid them; and will endure, further, the situation of the land with the city in the middle and dwellings round about;―all this is as if the legislator were telling his dreams, or making a city and citizens of wax. There is truth in these objections, and therefore every one should take to heart what I am going to say. Once more, then, the legislator shall appear and address us:―'O my friends,' he will say to us, 'do not suppose me ignorant that there is a certain degree of truth in your words; but I am of opinion that, in matters which are not present but future, he who exhibits a pattern of that at which he aims, should in nothing fall short of the fairest and truest; and that if he finds any part of this work impossible of execution he should avoid and not execute it, but he should contrive to carry out that which is nearest and most akin to it; you must allow the legislator to perfect his design, and when it is perfected, you should join with him in considering what part of his legislation is expedient and what will arouse opposition; for surely the artist who is to be deemed worthy of any regard at all, ought always to make his work self-consistent.'
Having determined that there is to be a distribution into twelve parts, let us now see in what way this may be accomplished. There is no difficulty in perceiving that the twelve parts admit of the greatest number of divisions of that which they include, or in seeing the other numbers which are consequent upon them, and are produced out of them up to 5040; wherefore the law ought to order phratries and demes and villages, and also military ranks and movements, as well as coins and measures, dry and liquid, and weights, so as to be commensurable and agreeable to one another. Nor should we fear the appearance of minuteness, if the law commands that all the vessels which a man possesses should have a common measure, when we consider generally that the divisions and variations of numbers have a use in respect of all the variations of which they are susceptible, both in themselves and as measures of height and depth, and in all sounds, and in motions, as well those which proceed in a straight direction, upwards or downwards, as in those which go round and round. The legislator is to consider all these things and to bid the citizens, as far as possible, not to lose sight of numerical order; for no single instrument of youthful education has such mighty power, both as regards domestic economy and politics, and in the arts, as the study of arithmetic. Above all, arithmetic stirs up him who is by nature sleepy and dull, and makes him quick to learn, retentive, shrewd, and aided by art divine he makes progress quite beyond his natural powers (compare Republic). All such things, if only the legislator, by other laws and institutions, can banish meanness and covetousness from the souls of men, so that they can use them properly and to their own good, will be excellent and suitable instruments of education. But if he cannot, he will unintentionally create in them, instead of wisdom, the habit of craft, which evil tendency may be observed in the Egyptians and Phoenicians, and many other races, through the general vulgarity of their pursuits and acquisitions, whether some unworthy legislator of theirs has been the cause, or some impediment of chance or nature. For we must not fail to observe, O Megillus and Cleinias, that there is a difference in places, and that some beget better men and others worse; and we must legislate accordingly. Some places are subject to strange and fatal influences by reason of diverse winds and violent heats, some by reason of waters; or, again, from the character of the food given by the earth, which not only affects the bodies of men for good or evil, but produces similar results in their souls. And in all such qualities those spots excel in which there is a divine inspiration, and in which the demigods have their appointed lots, and are propitious, not adverse, to the settlers in them. To all these matters the legislator, if he have any sense in him, will attend as far as man can, and frame his laws accordingly. And this is what you, Cleinias, must do, and to matters of this kind you must turn your mind since you are going to colonize a new country.
CLEINIAS: Your words, Athenian Stranger, are excellent, and I will do as you say.