--- title: "Politics · Πολιτικά" author: "Aristotle" translator: "Harris Rackham" title_ru: "Политика" author_ru: "Аристотель" languages: [grc, en] shelf: "Philosophy" section: 5 of 21 url: https://scriptura.si/works/aristotle-politics/5/ cite: "Aristotle, tr. Harris Rackham, Politics · Πολιτικά, section 5. Scriptura (scriptura.si), https://scriptura.si/works/aristotle-politics/5/" --- # Politics · Πολιτικά *Aristotle, tr. Harris Rackham* Russian: Политика, Аристотель Man is a political animal: the household, slavery, constitutions and the best state. > Greek: ed. William David Ross, from the Perseus Digital Library (canonical-greekLit, tlg0086.tlg035, CC BY-SA 4.0). > English: Harris Rackham, from the Perseus Digital Library (tlg0086.tlg035.perseus-eng2). Notes are not included. > Rows follow the references the two texts share (line numbers), cut where both reach the end of a sentence. ## 5. Book II · 1270a–1274b Source: https://scriptura.si/works/aristotle-politics/5/ · cite a paragraph as https://scriptura.si/works/aristotle-politics/5/#p-N [¶0] for the lawgiver made it dishonorable to sell a family’s existing estate, and did so rightly, but he granted liberty to alienate land at will by gift or bequest; yet the result that has happened was bound to follow in the one case as well as in the other. And also nearly two-fifths of the whole area of the country is owned by women, because of the number of women who inherit estates and the practice of giving large dowries; yet it would have been better if dowries had been prohibited by law or limited to a small or moderate amount... But as it is he is allowed to give an heiress in marriage to whomever he likes; and if he dies without having made directions as to this by will, whoever he leaves as his executor bestows her upon whom he chooses. As a result of this although the country is capable of supporting fifteen hundred cavalry and thirty thousand heavy-armed troopers, they numbered not even a thousand. And the defective nature of their system of land-tenure has been proved by the actual facts of history: the state did not succeed in enduring a single blow, but perished owing to the smallness of its population. They have a tradition that in the earlier reigns they used to admit foreigners to their citizenship, with the result that dearth of population did not occur in those days, although they were at war for a long period; and it is stated that at one time the Spartiates numbered as many as ten thousand. However, whether this is true or not, it is better for a state’s male population to be kept up by measures to equalize property. The law in relation to parentage is also somewhat adverse to the correction of this evil. > Greek: καίτοι ταὐτὸ συμβαίνειν ἀναγκαῖον ἐκείνως τε καὶ οὕτως. ἔστι δὲ καὶ τῶν γυναικῶν σχεδὸν τῆς πάσης χώρας τῶν πέντε μερῶν τὰ δύο, τῶν τʼ ἐπικλήρων πολλῶν γινομένων, καὶ διὰ τὸ προῖκας διδόναι μεγάλας. καίτοι βέλτιον ἦν μηδεμίαν ἢ ὀλίγην ἢ καὶ μετρίαν τετάχθαι. νῦν δʼ ἔξεστι δοῦναί τε τὴν ἐπίκληρον ὅτῳ ἂν βούληται, κἂν ἀποθάνῃ μὴ διαθέμενος, ὃν ἂν καταλίπῃ κληρονόμον, οὗτος ᾧ ἂν θέλῃ δίδωσιν. τοιγαροῦν δυναμένης τῆς χώρας χιλίους ἱππεῖς τρέφειν καὶ πεντακοσίους, καὶ ὁπλίτας τρισμυρίους, οὐδὲ χίλιοι τὸ πλῆθος ἦσαν. γέγονε δὲ διὰ τῶν ἔργων αὐτῶν δῆλον ὅτι φαύλως αὐτοῖς εἶχε τὰ περὶ τὴν τάξιν ταύτην· μίαν γὰρ πληγὴν οὐχ ὑπήνεγκεν ἡ πόλις, ἀλλʼ ἀπώλετο διὰ τὴν ὀλιγανθρωπίαν. λέγουσι δʼ ὡς ἐπὶ μὲν τῶν προτέρων βασιλέων μετεδίδοσαν τῆς πολιτείας, ὥστʼ οὐ γίνεσθαι τότε ὀλιγανθρωπίαν, πολεμούντων πολὺν χρόνον, καί φασιν εἶναί ποτε τοῖς Σπαρτιάταις καὶ μυρίους· οὐ μὴν ἀλλʼ, εἴτʼ ἐστὶν ἀληθῆ ταῦτα εἴτε μή, βέλτιον τὸ διὰ τῆς κτήσεως ὡμαλισμένης πληθύειν ἀνδρῶν τὴν πόλιν. ὑπεναντίος δὲ καὶ ὁ περὶ τὴν τεκνοποιίαν νόμος πρὸς ταύτην τὴν διόρθωσιν. [¶1] For the lawgiver desiring to make the Spartiates as numerous as possible holds out inducements to the citizens to have as many children as possible: for they have a law releasing the man who has been father of three sons from military service, and exempting the father of four from all taxes. Yet it is clear that if a number of sons are born and the land is correspondingly divided there will inevitably come to be many poor men. Moreover the regulations for the Ephorate are also bad. For this office has absolute control over their most important affairs, but the Ephors are appointed from the entire people, so that quite poor men often happen to get into the office, who owing to their poverty used to be easily bought. This was often manifested in earlier times, and also lately in the affair at Andros; for certain Ephors were corrupted with money and so far as lay in their power ruined the whole state. And because the office was too powerful, and equal to a tyranny, the kings also were compelled to cultivate popular favor, so that in this way too the constitution was jointly injured, for out of an aristocracy came to be evolved a democracy. Thus this office does, it is true, hold together the constitution—for the common people keep quiet because they have a share in the highest office of state, so that whether this is due to the lawgiver or has come about by chance, the Ephorate is advantageous for the conduct of affairs; for if a constitution is to be preserved, all the sections of the state must wish it to exist and to continue on the same lines; so the kings are in this frame of mind owing to their own honorable rank, the nobility owing to the office of the Elders, which is a prize of virtue, and the common people because of the Ephorate, which is appointed from the whole population— but yet the Ephorate, though rightly open to all the citizens, ought not to be elected as it is now, for the method is too childish. > Greek: βουλόμενος γὰρ ὁ νομοθέτης ὡς πλείστους εἶναι τοὺς Σπαρτιάτας, προάγεται τοὺς πολίτας ὅτι πλείστους ποιεῖσθαι παῖδας· ἔστι γὰρ αὐτοῖς νόμος τὸν μὲν γεννήσαντα τρεῖς υἱοὺς ἄφρουρον εἶναι, τὸν δὲ τέτταρας ἀτελῆ πάντων. καίτοι φανερὸν ὅτι πολλῶν γινομένων, τῆς δὲ χώρας οὕτω διῃρημένης, ἀναγκαῖον πολλοὺς γίνεσθαι πένητας. ἀλλὰ μὴν καὶ τὰ περὶ τὴν ἐφορείαν ἔχει φαύλως. ἡ γὰρ ἀρχὴ κυρία μὲν αὐτὴ τῶν μεγίστων αὐτοῖς ἐστιν, γίνονται δʼ ἐκ τοῦ δήμου παντός, ὥστε πολλάκις ἐμπίπτουσιν ἄνθρωποι σφόδρα πένητες εἰς τὸ ἀρχεῖον, οἳ διὰ τὴν ἀπορίαν ὤνιοι ἦσαν. ἐδήλωσαν δὲ πολλάκις μὲν καὶ πρότερον, καὶ νῦν δὲ ἐν τοῖς Ἀνδρίοις· διαφθαρέντες γὰρ ἀργυρίῳ τινές, ὅσον ἐφʼ ἑαυτοῖς, ὅλην τὴν πόλιν ἀπώλεσαν, καὶ διὰ τὸ τὴν ἀρχὴν εἶναι λίαν μεγάλην καὶ ἰσοτύραννον δημαγωγεῖν [αὐτοὺς] ἠναγκάζοντο καὶ οἱ βασιλεῖς, ὥστε καὶ ταύτῃ συνεπιβλάπτεσθαι τὴν πολιτείαν· δημοκρατία γὰρ ἐξ ἀριστοκρατίας συνέβαινεν. συνέχει μὲν οὖν τὴν πολιτείαν τὸ ἀρχεῖον τοῦτο—ἡσυχάζει γὰρ ὁ δῆμος διὰ τὸ μετέχειν τῆς μεγίστης ἀρχῆς, ὥστʼ εἴτε διὰ τὸν νομοθέτην εἴτε διὰ τύχην τοῦτο συμπέπτωκεν, συμφερόντως ἔχει τοῖς πράγμασιν· [¶2] And further the Ephors have jurisdiction in lawsuits of high importance, although they are any chance people, so that it would be better if they did not decide cases on their own judgement but by written rules and according to the laws. Also the mode of life of the Ephors is not in conformity with the aim of the state, for it is itself too luxurious, whereas in the case of the other citizens the prescribed life goes too far in the direction of harshness, so that they are unable to endure it, and secretly desert the law and enjoy the pleasures of the body. Also their regulations for the office of the Elders are not good; it is true that if these were persons of a high class who had been adequately trained in manly valor, one might perhaps say that the institution was advantageous to the state, although their life-tenure of the judgeship in important trials is indeed a questionable feature (for there is old age of mind as well as of body); > Greek: δεῖ γὰρ τὴν πολιτείαν τὴν μέλλουσαν σῴζεσθαι πάντα βούλεσθαι τὰ μέρη τῆς πόλεως εἶναι καὶ διαμένειν κατὰ ταὐτά· οἱ μὲν οὖν βασιλεῖς διὰ τὴν αὑτῶν τιμὴν οὕτως ἔχουσιν, οἱ δὲ καλοὶ κἀγαθοὶ διὰ τὴν γερουσίαν (ἆθλον γὰρ ἡ ἀρχὴ αὕτη τῆς ἀρετῆς ἐστιν), ὁ δὲ δῆμος διὰ τὴν ἐφορείαν (καθίσταται γὰρ ἐξ ἁπάντων)—ἀλλʼ αἱρετὴν ἔδει τὴν ἀρχὴν εἶναι ταύτην ἐξ ἁπάντων μέν, μὴ τὸν τρόπον δὲ τοῦτον ὃν νῦν (παιδαριώδης γάρ ἐστι λίαν). ἔτι δὲ καὶ κρίσεών εἰσι μεγάλων κύριοι, ὄντες οἱ τυχόντες, διόπερ οὐκ αὐτογνώμονας βέλτιον κρίνειν ἀλλὰ κατὰ γράμματα καὶ τοὺς νόμους. ἔστι δὲ καὶ ἡ δίαιτα τῶν ἐφόρων οὐχ ὁμολογουμένη τῷ βουλήματι τῆς πόλεως· αὐτὴ μὲν γὰρ ἀνειμένη λίαν ἐστίν, ἐν δὲ τοῖς ἄλλοις μᾶλλον ὑπερβάλλει ἐπὶ τὸ σκληρόν, ὥστε μὴ δύνασθαι καρτερεῖν ἀλλὰ λάθρᾳ τὸν νόμον ἀποδιδράσκοντας ἀπολαύειν τῶν σωματικῶν ἡδονῶν. ἔχει δὲ καὶ τὰ περὶ τὴν τῶν γερόντων ἀρχὴν οὐ καλῶς αὐτοῖς. ἐπιεικῶν μὲν γὰρ ὄντων καὶ πεπαιδευμένων ἱκανῶς πρὸς ἀνδραγαθίαν τάχʼ ἂν εἴπειέ τις συμφέρειν τῇ πόλει, καίτοι τό γε διὰ βίου κυρίους εἶναι κρίσεων μεγάλων ἀμφισβητήσιμον (ἕστι γάρ, ὥσπερ καὶ σώματος, καὶ διανοίας γῆρας)· [¶3] but as their education has been on such lines that even the lawgiver himself cannot trust in them as men of virtue, it is a dangerous institution. And it is known that those who have been admitted to this office take bribes and betray many of the public interests by favoritism; so that it would be better if they were not exempt from having to render an account of their office, but at present they are. And it might be held that the magistracy of the Ephors serves to hold all the offices to account; but this gives altogether too much to the Ephorate, and it is not the way in which, as we maintain, officials ought to be called to account. Again, the procedure in the election of the Elders as a mode of selection is not only childish, but it is wrong that one who is to be the holder of this honorable office should canvass for it, for the man worthy of the office ought to hold it whether he wants to or not. But as it is the lawgiver clearly does the same here as in the rest of the constitution: he makes the citizens ambitious and has used this for the election of the Elders, for nobody would ask for office if he were not ambitious; yet surely ambition and love of money are the motives that bring about almost the greatest part of the voluntary wrongdoing that takes place among mankind. As to monarchy, the question whether it is not or is an advantageous institution for states to possess may be left to another discussion; but at all events it would be advantageous that kings should not be appointed as they are now, but chosen in each case with regard to their own life and conduct. > Greek: τὸν τρόπον δὲ τοῦτον πεπαιδευμένων ὥστε καὶ τὸν νομοθέτην αὐτὸν ἀπιστεῖν ὡς οὐκ ἀγαθοῖς ἀνδράσιν, οὐκ ἀσφαλές. φαίνονται δὲ καὶ καταδωροδοκούμενοι καὶ καταχαριζόμενοι πολλὰ τῶν κοινῶν οἱ κεκοινωνηκότες τῆς ἀρχῆς ταύτης. διόπερ βέλτιον αὐτοὺς μὴ ἀνευθύνους εἶναι· νῦν δʼ εἰσίν. δόξειε δʼ ἂν ἡ τῶν ἐφόρων ἀρχὴ πάσας εὐθύνειν τὰς ἀρχάς· τοῦτο δὲ τῇ ἐφορείᾳ μέγα λίαν τὸ δῶρον, καὶ τὸν τρόπον οὐ τοῦτον λέγομεν διδόναι δεῖν τὰς εὐθύνας. ἔτι δὲ καὶ τὴν αἵρεσιν ἣν ποιοῦνται τῶν γερόντων κατά τε τὴν κρίσιν ἐστὶ παιδαριώδης, καὶ τὸ αὐτὸν αἰτεῖσθαι τὸν ἀξιωθησόμενον τῆς ἀρχῆς οὐκ ὀρθῶς ἔχει· δεῖ γὰρ καὶ βουλόμενον καὶ μὴ βουλόμενον ἄρχειν τὸν ἄξιον τῆς ἀρχῆς. νῦν δʼ ὅπερ καὶ περὶ τὴν ἄλλην πολιτείαν ὁ νομοθέτης φαίνεται ποιῶν· φιλοτίμους γὰρ κατασκευάζων τοὺς πολίτας τούτῳ κέχρηται πρὸς τὴν αἵρεσιν τῶν γερόντων· οὐδεὶς γὰρ ἂν ἄρχειν αἰτήσαιτο μὴ φιλότιμος ὤν. καίτοι τῶν γʼ ἀδικημάτων τῶν γʼ ἑκουσίων τὰ πλεῖστα συμβαίνει σχεδὸν διὰ φιλοτιμίαν καὶ διὰ φιλοχρηματίαν τοῖς ἀνθρώποις. περὶ δὲ βασιλείας, εἰ μὲν βέλτιόν ἐστιν ὑπάρχειν ταῖς πόλεσιν ἢ μὴ βέλτιον, ἄλλος ἔστω λόγος· [¶4] But it is clear that even the lawgiver himself does not suppose that he can make the kings men of high character: at all events he distrusts them as not being persons of sufficient worth owing to which the Spartans used to send kings who were enemies as colleagues on embassies, and thought that the safety of the state depended on division between the kings. Also the regulations for the the public mess-tables called Phiditia have been badly laid down by their originator. The revenue for these ought to come rather from public funds, as in Crete; but among the Spartans everybody has to contribute, although some of them are very poor and unable to find money for this charge, so that the result is the opposite of what the lawgiver purposed. For he intends the organization of the common tables to be democratic, but when regulated by the law in this manner it works out as by no means democratic; for it is not easy for the very poor to participate, yet their ancestral regulation of the citizenship is that it is not to belong to one who is unable to pay this tax. The law about the Admirals has been criticized by some other writers also, and rightly criticized; for it acts as a cause of sedition, since in addition to the kings who are military commanders the office of Admiral stands almost as another kingship. Another criticism that may be made against the fundamental principle of the lawgiver is one that Plato has made in the Laws. > Greek: ἀλλὰ μὴν βέλτιόν γε μὴ καθάπερ νῦν, ἀλλὰ κατὰ τὸν αὑτοῦ βίον ἕκαστον κρίνεσθαι τῶν βασιλέων. ὅτι δʼ ὁ νομοθέτης οὐδʼ αὐτὸς οἴεται δύνασθαι ποιεῖν καλοὺς κἀγαθούς, δῆλον· ἀπιστεῖ γοῦν ὡς οὐκ οὖσιν ἱκανῶς ἀγαθοῖς ἀνδράσιν· διόπερ ἐξέπεμπον συμπρεσβευτὰς τοὺς ἐχθρούς, καὶ σωτηρίαν ἐνόμιζον τῇ πόλει εἶναι τὸ στασιάζειν τοὺς βασιλεῖς. οὐ καλῶς δʼ οὐδὲ περὶ τὰ συσσίτια τὰ καλούμενα φιδίτια νενομοθέτηται τῷ καταστήσαντι πρῶτον. ἔδει γὰρ ἀπὸ κοινοῦ μᾶλλον εἶναι τὴν σύνοδον, καθάπερ ἐν Κρήτῃ· παρὰ δὲ τοῖς Λάκωσιν ἕκαστον δεῖ φέρειν, καὶ σφόδρα πενήτων ἐνίων ὄντων καὶ τοῦτο τὸ ἀνάλωμα οὐ δυναμένων δαπανᾶν, ὥστε συμβαίνει τοὐναντίον τῷ νομοθέτῃ τῆς προαιρέσεως. βούλεται μὲν γὰρ δημοκρατικὸν εἶναι τὸ κατασκεύασμα τῶν συσσιτίων, γίνεται δʼ ἥκιστα δημοκρατικὸν οὕτω νενομοθετημένον. μετέχειν μὲν γὰρ οὐ ῥᾴδιον τοῖς λίαν πένησιν, ὅρος δὲ τῆς πολιτείας οὗτός ἐστιν αὐτοῖς ὁ πάτριος, τὸν μὴ δυνάμενον τοῦτο τὸ τέλος φέρειν μὴ μετέχειν αὐτῆς· τῷ δὲ περὶ τοὺς ναυάρχους νόμῳ καὶ ἕτεροί τινες ἐπιτετιμήκασιν, ὀρθῶς ἐπιτιμῶντες. στάσεως γὰρ γίνεται αἴτιος· ἐπὶ γὰρ τοῖς βασιλεῦσιν, οὖσι στρατηγοῖς ἀιδίοις, ἡ ναυαρχία σχεδὸν ἑτέρα βασιλεία καθέστηκεν. καὶ ὡδὶ δὲ τῇ ὑποθέσει τοῦ νομοθέτου ἐπιτιμήσειεν ἄν τις, ὅπερ καὶ Πλάτων ἐν τοῖς Νόμοις ἐπιτετίμηκεν· [¶5] The entire system of the laws is directed towards one part of virtue only, military valor, because this is serviceable for conquest. Owing to this they remained secure while at war, but began to decline when they had won an empire, because they did not know how to live a life of leisure, and had been trained in no other form of training more important than the art of war. And another error no less serious than that one is this: they think that the coveted prizes of life are won by valor more than by cowardice, and in this they are right, yet they imagine wrongly that these prizes are worth more than the valor that wins them. The public finance of Sparta is also badly regulated: when compelled to carry on wars on a large scale she has nothing in the state treasury, and the Spartiates pay war taxes badly because, as most of the land is owned by them, they do not scrutinize each other’s contributions. And the lawgiver has achieved the opposite result to what is advantageous—he has made the state poor and the individual citizen covetous. So much for a discussion of the constitution of Sparta: for these are the main points in it for criticism. > Greek: πρὸς γὰρ μέρος ἀρετῆς ἡ πᾶσα σύνταξις τῶν νόμων ἐστί, τὴν πολεμικήν· αὕτη γὰρ χρησίμη πρὸς τὸ κρατεῖν. τοιγαροῦν ἐσῴζοντο μὲν πολεμοῦντες, ἀπώλλυντο δὲ ἄρξαντες διὰ τὸ μὴ ἐπίστασθαι σχολάζειν μηδὲ ἠσκηκέναι μηδεμίαν ἄσκησιν ἑτέραν κυριωτέραν τῆς πολεμικῆς. τούτου δὲ ἁμάρτημα οὐκ ἔλαττον· νομίζουσι μὲν γὰρ γίνεσθαι τἀγαθὰ τὰ περιμάχητα διʼ ἀρετῆς μᾶλλον ἢ κακίας, καὶ τοῦτο μὲν καλῶς, ὅτι μέντοι ταῦτα κρείττω τῆς ἀρετῆς ὑπολαμβάνουσιν, οὐ καλῶς. φαύλως δʼ ἔχει καὶ περὶ τὰ κοινὰ χρήματα τοῖς Σπαρτιάταις. οὔτε γὰρ ἐν τῷ κοινῷ τῆς πόλεως ἔστιν οὐδὲν πολέμους μεγάλους ἀναγκαζομένοις πολεμεῖν, εἰσφέρουσί τε κακῶς· διὰ γὰρ τὸ τῶν Σπαρτιατῶν εἶναι τὴν πλείστην γῆν οὐκ ἐξετάζουσιν ἀλλήλων τὰς εἰσφοράς. ἀποβέβηκέ τε τοὐναντίον τῷ νομοθέτῃ τοῦ συμφέροντος· τὴν μὲν γὰρ πόλιν πεποίηκεν ἀχρήματον, τοὺς δʼ ἰδιώτας φιλοχρημάτους. περὶ μὲν οὖν τῆς Λακεδαιμονίων πολιτείας ἐπὶ τοσοῦτον εἰρήσθω· ταῦτα γάρ ἐστιν ἃ μάλιστʼ ἄν τις ἐπιτιμήσειεν. [¶6] The Cretan constitution approximates to that of Sparta, but though in a few points it is not worse framed, for the larger part it has a less perfect finish. For the Spartan constitution appears and indeed is actually stated to have been copied in most of its provisions from the Cretan; and as a rule old things have been less fully elaborated than newer ones. For it is said that when Lycurgus relinquished his post as guardian of King Charilaus and went abroad, he subsequently passed most of his time in Crete because of the relationship between the Cretans and the Spartans; for the Lyctians were colonists from Sparta, and the settlers that went out to the colony found the system of laws already existing among the previous inhabitants of the place; owing to which the neighboring villagers even now use these laws in the same manner, in the belief that Minos first instituted this code of laws. And also the island appears to have been designed by nature and to be well situated to be under Greek rule, as it lies across the whole of the sea, round which almost all the Greeks are settled; for Crete is only a short distance from the Peloponnese in one direction, and from the part of Asia around Triopium and from Rhodes in the other. Owing to this Minos won the empire of the sea, and made some of the islands subject to him and settled colonies in others, but finally when making an attack on Sicily he ended his life there near Camicus. The Cretan organization is on the same lines as that of Sparta. In Sparta the land is tilled by the Helots and in Crete by the serfs; > Greek: ἡ δὲ Κρητικὴ πολιτεία πάρεγγυς μέν ἐστι ταύτης, ἔχει δὲ μικρὰ μὲν οὐ χεῖρον, τὸ δὲ πλεῖον ἧττον γλαφυρῶς. καὶ γὰρ ἔοικε καὶ λέγεταί γε τὰ πλεῖστα μεμιμῆσθαι τὴν Κρητικὴν πολιτείαν ἡ τῶν Λακώνων· τὰ δὲ πλεῖστα τῶν ἀρχαίων ἧττον διήρθρωται τῶν νεωτέρων. φασὶ γὰρ τὸν Λυκοῦργον, ὅτε τὴν ἐπιτροπείαν τὴν Χαριλάου τοῦ βασιλέως καταλιπὼν ἀπεδήμησεν, τότε τὸν πλεῖστον διατρῖψαι χρόνον περὶ Κρήτην διὰ τὴν συγγένειαν· ἄποικοι γὰρ οἱ Λύκτιοι τῶν Λακώνων ἦσαν, κατέλαβον δʼ οἱ πρὸς τὴν ἀποικίαν ἐλθόντες τὴν τάξιν τῶν νόμων ὑπάρχουσαν ἐν τοῖς τότε κατοικοῦσιν. διὸ καὶ νῦν οἱ περίοικοι τὸν αὐτὸν τρόπον χρῶνται αὐτοῖς, ὡς κατασκευάσαντος Μίνω πρώτου τὴν τάξιν τῶν νόμων. δοκεῖ δʼ ἡ νῆσος καὶ πρὸς τὴν ἀρχὴν τὴν Ἑλληνικὴν πεφυκέναι καὶ κεῖσθαι καλῶς· πάσῃ γὰρ ἐπίκειται τῇ θαλάττῃ, σχεδὸν τῶν Ἑλλήνων ἱδρυμένων περὶ τὴν θάλατταν πάντων· ἀπέχει γὰρ τῇ μὲν τῆς Πελοποννήσου μικρόν, τῇ δὲ τῆς Ἀσίας τοῦ περὶ Τριόπιον τόπου καὶ Ῥόδου. διὸ καὶ τὴν τῆς θαλάττης ἀρχὴν κατέσχεν ὁ Μίνως, καὶ τὰς νήσους τὰς μὲν ἐχειρώσατο τὰς δʼ ᾤκισεν, τέλος δὲ ἐπιθέμενος τῇ Σικελίᾳ τὸν βίον ἐτελεύτησεν ἐκεῖ περὶ Καμικόν. ἔχει δʼ ἀνάλογον ἡ Κρητικὴ τάξις πρὸς τὴν Λακωνικήν. γεωργοῦσί τε γὰρ τοῖς μὲν οἱ εἵλωτες τοῖς δὲ Κρησὶν οἱ περίοικοι, καὶ συσσίτια παρʼ ἀμφοτέροις ἔστιν, καὶ τό γε ἀρχαῖον ἐκάλουν οἱ Λάκωνες οὐ φιδίτια ἀλλὰ ἀνδρεῖα, καθάπερ οἱ Κρῆτες, ᾗ καὶ δῆλον ὅτι ἐκεῖθεν ἐλήλυθεν. [¶7] and also both have public mess-tables, and in old days the Spartans called them not “phiditia” but “men’s messes,” as the Cretans do, which is a proof that they came from Crete. And so also did the system of government; for the Ephors have the same power as the magistrates called Cosmi in Crete, except that the Ephors are five in number and the Cosmi ten; and the Elders at Sparta are equal in number to the Elders whom the Cretans call the Council; and monarchy existed in former times, but then the Cretans abolished it, and the Cosmi hold the leadership in war; and all are members of the Assembly, though it has no powers except the function of confirming by vote the resolutions already formed by the Elders and the Cosmi. Now the Cretan arrangements for the public mess-tables are better than the Spartan; for at Sparta each citizen pays a fixed poll-tax, failing which he is prevented by law from taking part in the government, as has been said before; but in Crete the system is more communal, for out of all the crops and cattle produced from the public lands, and the tributes paid by the serfs, one part is assigned for the worship of the gods and the maintenance of the public services, and the other for the public mess-tables, so that all the citizens are maintained from the common funds, women and children as well as men; and the lawgiver has devised many wise measures to secure the benefit of moderation at table, and the segregation of the women in order that they may not bear many children, for which purpose he instituted association with the male sex, as to which there will be another occasion to consider whether it was a bad thing or a good one. > Greek: ἔτι δὲ τῆς πολιτείας ἡ τάξις. οἱ μὲν γὰρ ἔφοροι τὴν αὐτὴν ἔχουσι δύναμιν τοῖς ἐν τῇ Κρήτῃ καλουμένοις κόσμοις, πλὴν οἱ μὲν ἔφοροι πέντε τὸν ἀριθμὸν οἱ δὲ κόσμοι δέκα εἰσίν· οἱ δὲ γέροντες τοῖς γέρουσιν, οὓς καλοῦσιν οἱ Κρῆτες βουλήν, ἴσοι· βασιλεία δὲ πρότερον μὲν ἦν, εἶτα κατέλυσαν οἱ Κρῆτες, καὶ τὴν ἡγεμονίαν οἱ κόσμοι τὴν κατὰ πόλεμον ἔχουσιν· ἐκκλησίας δὲ μετέχουσι πάντες, κυρία δʼ οὐδενός ἐστιν ἀλλʼ ἢ συνεπιψηφίσαι τὰ δόξαντα τοῖς γέρουσι καὶ τοῖς κόσμοις. τὰ μὲν οὖν τῶν συσσιτίων ἔχει βέλτιον τοῖς Κρησὶν ἢ τοῖς Λάκωσιν. ἐν μὲν γὰρ Λακεδαίμονι κατὰ κεφαλὴν ἕκαστος εἰσφέρει τὸ τεταγμένον, εἰ δὲ μή, μετέχειν νόμος κωλύει τῆς πολιτείας, καθάπερ εἴρηται καὶ πρότερον, ἐν δὲ Κρήτῃ κοινοτέρως· ἀπὸ πάντων γὰρ τῶν γινομένων καρπῶν τε καὶ βοσκημάτων δημοσίων, καὶ ἐκ τῶν φόρων οὓς φέρουσιν οἱ περίοικοι, τέτακται μέρος τὸ μὲν πρὸς τοὺς θεοὺς καὶ τὰς κοινὰς λειτουργίας, τὸ δὲ τοῖς συσσιτίοις, ὥστʼ ἐκ κοινοῦ τρέφεσθαι πάντας, καὶ γυναῖκας καὶ παῖδας καὶ ἄνδρας· [¶8] That the regulations for the common mess-tables therefore are better in Crete than at Sparta is manifest; but the regulations for the Cosmi are even worse than those regarding the Ephors. For the evil attaching to the office of the Ephors belongs to the Cosmi also, as the post is filled by any chance persons, while the benefit conferred on the government by this office at Sparta is lacking in Crete. At Sparta, as the election is made from all the citizens, the common people sharing in the highest office desire the maintenance of the constitution, but in Crete they do not elect the Cosmi from all the citizens but from certain clans, and the Elders from those who have held the office of Cosmos, about which regulations the same comments might be made as about what takes place at Sparta: their freedom from being called to account and their tenure for life gives them greater rank than their merit deserves, and their administration of their office at their own discretion and not under the guidance of a written code is dangerous. And the fact that the common people quietly tolerate their exclusion is no proof that the arrangement is a sound one; for the Cosmi unlike the Ephors make no sort of profit, as they live in an island remote from any people to corrupt them. > Greek: πρὸς δὲ τὴν ὀλιγοσιτίαν ὡς ὠφέλιμον πολλὰ πεφιλοσόφηκεν ὁ νομοθέτης, καὶ πρὸς τὴν διάζευξιν τῶν γυναικῶν, ἵνα μὴ πολυτεκνῶσι, τὴν πρὸς τοὺς ἄρρενας ποιήσας ὁμιλίαν, περὶ ἧς εἰ φαύλως ἢ μὴ φαύλως, ἕτερος ἔσται τοῦ διασκέψασθαι καιρός. ὅτι δὴ τὰ περὶ τὰ συσσίτια βέλτιον τέτακται τοῖς Κρησὶν ἢ τοῖς Λάκωσι, φανερόν· τὰ δὲ περὶ τοὺς κόσμους ἔτι χεῖρον τῶν ἐφόρων. ὃ μὲν γὰρ ἔχει κακὸν τὸ τῶν ἐφόρων ἀρχεῖον, ὑπάρχει καὶ τούτοις (γίνονται γὰρ οἱ τυχόντες), ὃ δʼ ἐκεῖ συμφέρει πρὸς τὴν πολιτείαν, ἐνταῦθʼ οὐκ ἔστιν. ἐκεῖ μὲν γάρ, διὰ τὸ τὴν αἵρεσιν ἐκ πάντων εἶναι, μετέχων ὁ δῆμος τῆς μεγίστης ἀρχῆς βούλεται μένειν τὴν πολιτείαν· ἐνταῦθα δʼ οὐκ ἐξ ἁπάντων αἱροῦνται τοὺς κόσμους ἀλλʼ ἐκ τινῶν γενῶν, καὶ τοὺς γέροντας ἐκ τῶν κεκοσμηκότων, περὶ ὧν τοὺς αὐτοὺς ἄν τις εἴπειε λόγους καὶ περὶ τῶν ἐν Λακεδαίμονι γινομένων· τὸ γὰρ ἀνυπεύθυνον καὶ τὸ διὰ βίου μεῖζόν ἐστι γέρας τῆς ἀξίας αὐτοῖς, καὶ τὸ μὴ κατὰ γράμματα ἄρχειν ἀλλʼ αὐτογνώμονας ἐπισφαλές. τὸ δʼ ἡσυχάζειν μὴ μετέχοντα τὸν δῆμον οὐδὲν σημεῖον τοῦ τετάχθαι καλῶς. οὐδὲν γὰρ λήμματος ἔστι τοῖς κόσμοις ὥσπερ τοῖς ἐφόροις, πόρρω γʼ ἀποικοῦσιν ἐν νήσῳ τῶν διαφθερούντων. [¶9] Also the remedy which they employ for this defect is a curious one, and less characteristic of a republic than of a dynasty: often the Cosmi are expelled by a conspiracy formed among some of their actual colleagues or the private citizens. Also the Cosmi are allowed to resign during their term of office. Now it would be preferable for all these expedients to be put in force by law rather than at the discretion of individuals, for that is a dangerous principle. And the worst expedient of all is that of the suspension of the office of Cosmi, which is often brought about by members of the powerful class who wish to escape being punished; this proves that the constitution has a republican element, although it is not actually a republic but rather a dynasty. And the nobles frequently form parties among the common people and among their friends and so bring about a suspension of government, and form factions and engage in war with one another. Yet such a state of things is virtually the same as if for a period of time the state underwent an entire revolution, and the bonds of civil society were loosened. And it is a precarious position for a state to be in, when those who wish to attack it also have the power to do so. But, as has been said, it is saved by its locality; for distance has had the same effect as alien-acts. A result of this is that with the Cretans the serf population stands firm, whereas the Helots often revolt; for the Cretans take no part in foreign empire, and also the island has only lately been invaded by warfare from abroad, rendering manifest the weakness of the legal system there. > Greek: ἣν δὲ ποιοῦνται τῆς ἁμαρτίας ταύτης ἰατρείαν, ἄτοπος καὶ οὐ πολιτικὴ ἀλλὰ δυναστευτική. πολλάκις γὰρ ἐκβάλλουσι συστάντες τινὲς τοὺς κόσμους ἢ τῶν συναρχόντων αὐτῶν ἢ τῶν ἰδιωτῶν· ἔξεστι δὲ καὶ μεταξὺ τοῖς κόσμοις ἀπειπεῖν τὴν ἀρχήν. ταῦτα δὴ πάντα βέλτιον γίνεσθαι κατὰ νόμον ἢ κατʼ ἀνθρώπων βούλησιν· οὐ γὰρ ἀσφαλὴς ὁ κανών. πάντων δὲ φαυλότατον τὸ τῆς ἀκοσμίας τῶν δυνατῶν, ἣν καθιστᾶσι πολλάκις οἳ ἂν μὴ δίκας βούλωνται δοῦναι τῶν δυνατῶν· ᾗ καὶ δῆλον ὡς ἔχει τι πολιτείας ἡ τάξις, ἀλλʼ οὐ πολιτεία ἐστὶν ἀλλὰ δυναστεία μᾶλλον. εἰώθασι δὲ διαλαμβάνοντες τὸν δῆμον καὶ τοὺς φίλους ἀναρχίαν ποιεῖν καὶ στασιάζειν καὶ μάχεσθαι πρὸς ἀλλήλους· καίτοι τί διαφέρει τὸ τοιοῦτον ἢ διά τινος χρόνου μηκέτι πόλιν εἶναι τὴν τοιαύτην, ἀλλὰ λύεσθαι τὴν πολιτικὴν κοινωνίαν; ἔστι δʼ ἐπικίνδυνος οὕτως ἔχουσα πόλις, τῶν βουλομένων ἐπιτίθεσθαι καὶ δυναμένων. ἀλλά, καθάπερ εἴρηται, σῴζεται διὰ τὸν τόπον· ξενηλασίας γὰρ τὸ πόρρω πεποίηκεν. διὸ καὶ τὸ τῶν περιοίκων μένει τοῖς Κρησίν, οἱ δʼ εἵλωτες ἀφίστανται πολλάκις. οὔτε γὰρ ἐξωτερικῆς ἀρχῆς κοινωνοῦσιν οἱ Κρῆτες, νεωστί τε πόλεμος ξενικὸς διαβέβηκεν εἰς τὴν νῆσον, ὃς πεποίηκε φανερὰν τὴν ἀσθένειαν τῶν ἐκεῖ νόμων. [¶10] Let this suffice for our discussion of this form of constitution. Carthage also appears to have a good constitution, with many outstanding features as compared with those of other nations, but most nearly resembling the Spartan in some points. For these three constitutions are in a way near to one another and are widely different from the others—the Cretan, the Spartan and, thirdly, that of Carthage. Many regulations at Carthage are good; and a proof of a well-regulated constitution is that the populace willingly remain faithful to the constitutional system, and that neither civil strife has arisen in any degree worth mentioning, nor yet a tyrant. Points in which the Carthaginian constitution resembles the Spartan are the common mess-tables of its Comradeships corresponding to the Phiditia, and the magistracy of the Hundred and Four corresponding to the Ephors (except one point of superiority—the Ephors are drawn from any class, but the Carthaginians elect this magistracy by merit); the kings and the council of Elders correspond to the kings and Elders at Sparta, and it is another superior feature that the Carthaginian kings are not confined to the same family and that one of no particular distinction, and also that if any family distinguishes itself... the Elders are to be chosen from these rather than by age; for as they are put in control of important matters, if they are men of no value they do great harm, and they have already injured the Spartan State. > Greek: περὶ μὲν οὖν ταύτης εἰρήσθω τοσαῦθʼ ἡμῖν τῆς πολιτείας. πολιτεύεσθαι δὲ δοκοῦσι καὶ Καρχηδόνιοι καλῶς καὶ πολλὰ περιττῶς πρὸς τοὺς ἄλλους, μάλιστα δʼ ἔνια παραπλησίως τοῖς Λάκωσιν. αὗται γὰρ αἱ τρεῖς πολιτεῖαι ἀλλήλαις τε σύνεγγύς πώς εἰσι καὶ τῶν ἄλλων πολὺ διαφέρουσιν, ἥ τε Κρητικὴ καὶ ἡ Λακωνικὴ καὶ τρίτη τούτων ἡ τῶν Καρχηδονίων. καὶ πολλὰ τῶν τεταγμένων ἔχει παρʼ αὐτοῖς καλῶς· σημεῖον δὲ πολιτείας συντεταγμένης τὸ τὸν δῆμον ἑκουσίον διαμένειν ἐν τῇ τάξει τῆς πολιτείας, καὶ μήτε στάσιν, ὅ τι καὶ ἄξιον εἰπεῖν, γεγενῆσθαι μήτε τύραννον. ἔχει δὲ παραπλήσια τῇ Λακωνικῇ πολιτείᾳ τὰ μὲν συσσίτια τῶν ἑταιριῶν τοῖς φιδιτίοις, τὴν δὲ τῶν ἑκατὸν καὶ τεττάρων ἀρχὴν τοῖς ἐφόροις (πλὴν ὃ οὐ χεῖρον· οἱ μὲν ἐκ τῶν τυχόντων εἰσί, ταύτην δʼ αἱροῦνται τὴν ἀρχὴν ἀριστίνδην), τοὺς δὲ βασιλεῖς καὶ τὴν γερουσίαν ἀνάλογον τοῖς ἐκεῖ βασιλεῦσι καὶ γέρουσιν· καὶ βέλτιον δὲ τοὺς βασιλεῖς μήτε καθʼ αὑτὸ εἶναι γένος μήτε τοῦτο τὸ τυχόν, εἰ δέ τι διαφέρει, ἐκ τούτων αἱρετοὺς μᾶλλον ἢ καθʼ ἡλικίαν. μεγάλων γὰρ κύριοι καθεστῶτες, ἂν εὐτελεῖς ὦσι μεγάλα βλάπτουσι, καὶ ἔβλαψαν ἤδη τὴν πόλιν τὴν τῶν Λακεδαιμονίων. [¶11] Most of the points therefore in the Carthaginian system that would be criticized on the ground of their divergences happen to be common to all the constitutions of which we have spoken; but the features open to criticism as judged by the principle of an aristocracy or republic are some of them departures in the direction of democracy and others in the direction of oligarchy. The reference of some matters and not of others to the popular assembly rests with the kings in consultation with the Elders in case they agree unanimously, but failing that, these matters also lie with the people; and when the kings introduce business in the assembly, they do not merely let the people sit and listen to the decisions that have been taken by their rulers, but the people have the sovereign decision, and anybody who wishes may speak against the proposals introduced, a right that does not exist under the other constitutions. The appointment by co-optation of the Boards of Five which control many important matters, and the election by these boards of the supreme magistracy of the Hundred, and also their longer tenure of authority than that of any other officers (for they are in power after they have gone out of office and before they have actually entered upon it) are oligarchical features; their receiving no pay and not being chosen by lot and other similar regulations must be set down as aristocratic, and so must the fact that the members of the Boards are the judges in all lawsuits, instead of different suits being tried by different courts as at Sparta. > Greek: τὰ μὲν οὖν πλεῖστα τῶν ἐπιτιμηθέντων ἂν διὰ τὰς παρεκβάσεις κοινὰ τυγχάνει πάσαις ὄντα ταῖς εἰρημέναις πολιτείαις· τῶν δὲ παρὰ τὴν ὑπόθεσιν τῆς ἀριστοκρατίας καὶ τῆς πολιτείας τὰ μὲν εἰς δῆμον ἐκκλίνει μᾶλλον, τὰ δʼ εἰς ὀλιγαρχίαν. τοῦ μὲν γὰρ τὰ μὲν προσάγειν τὰ δὲ μὴ προσάγειν πρὸς τὸν δῆμον οἱ βασιλεῖς κύριοι μετὰ τῶν γερόντων, ἂν ὁμογνωμονῶσι πάντες, εἰ δὲ μή, καὶ τούτων ὁ δῆμος. ἃ δʼ ἂν εἰσφέρωσιν οὗτοι, οὐ διακοῦσαι μόνον ἀποδιδόασι τῷ δήμῳ τὰ δόξαντα τοῖς ἄρχουσιν, ἀλλὰ κύριοι κρίνειν εἰσὶ καὶ τῷ βουλομένῳ τοῖς εἰσφερομένοις ἀντειπεῖν ἔξεστιν, ὅπερ ἐν ταῖς ἑτέραις πολιτείαις οὐκ ἔστιν. τὸ δὲ τὰς πενταρχίας κυρίας οὔσας πολλῶν καὶ μεγάλων ὑφʼ αὑτῶν αἱρετὰς εἶναι, καὶ τὴν τῶν ἑκατὸν ταύτας αἱρεῖσθαι, τὴν μεγίστην ἀρχήν, ἔτι δὲ ταύτας πλείονα ἄρχειν χρόνον τῶν ἄλλων (καὶ γὰρ ἐξεληλυθότες ἄρχουσι καὶ μέλλοντες) ὀλιγαρχικόν, τὸ δὲ ἀμίσθους καὶ μὴ κληρωτὰς ἀριστοκρατικὸν θετέον, καὶ εἴ τι τοιοῦτον ἕτερον, καὶ τὸ τὰς δίκας ὑπὸ τῶν ἀρχείων δικάζεσθαι πάσας (καὶ μὴ ἄλλας ὑπʼ ἄλλων, καθάπερ ἐν Λακεδαίμονι). [¶12] But the Carthaginian system diverges from aristocracy in the direction of oligarchy most signally in respect of a certain idea that is shared by the mass of mankind; they think that the rulers should be chosen not only for their merit but also for their wealth, as it is not possible for a poor man to govern well or to have leisure for his duties. If therefore election by wealth is oligarchical and election by merit aristocratic, this will be a third system exhibited in the organization of the constitution of Carthage, for there elections are made with an eye to these two qualifications, and especially elections to the most important offices, those of the kings and of the generals. But it must be held that this divergence from aristocracy is an error on the part of a lawgiver; for one of the most important points to keep in view from the outset is that the best citizens may be able to have leisure and may not have to engage in any unseemly occupation, not only when in office but also when living in private life. And if it is necessary to look to the question of means for the sake of leisure, it is a bad thing that the greatest offices of state, the kingship and the generalship, should be for sale. For this law makes wealth more honored than worth, and renders the whole state avaricious; and whatever the holders of supreme power deem honorable, the opinion of the other citizens also is certain to follow them, and a state in which virtue is not held in the highest honor cannot be securely governed by an aristocracy. > Greek: παρεκβαίνει δὲ τῆς ἀριστοκρατίας ἡ τάξις τῶν Καρχηδονίων μάλιστα πρὸς τὴν ὀλιγαρχίαν κατά τινα διάνοιαν ἣ συνδοκεῖ τοῖς πολλοῖς· οὐ γὰρ μόνον ἀριστίνδην ἀλλὰ καὶ πλουτίνδην οἴονται δεῖν αἱρεῖσθαι τοὺς ἄρχοντας· ἀδύνατον γὰρ τὸν ἀποροῦντα καλῶς ἄρχειν καὶ σχολάζειν. εἴπερ οὖν τὸ μὲν αἱρεῖσθαι πλουτίνδην ὀλιγαρχικὸν τὸ δὲ κατʼ ἀρετὴν ἀριστοκρατικόν, αὕτη τις ἂν εἴη τάξις τρίτη, καθʼ ἥνπερ συντέτακται [καὶ] τοῖς Καρχηδονίοις τὰ περὶ τὴν πολιτείαν· αἱροῦνται γὰρ εἰς δύο ταῦτα βλέποντες, καὶ μάλιστα τὰς μεγίστας, τούς τε βασιλεῖς καὶ τοὺς στρατηγούς. δεῖ δὲ νομίζειν ἁμάρτημα νομοθέτου τὴν παρέκβασιν εἶναι τῆς ἀριστοκρατίας ταύτην. ἐξ ἀρχῆς γὰρ τοῦθʼ ὁρᾶν ἐστι τῶν ἀναγκαιοτάτων, ὅπως οἱ βέλτιστοι δύνωνται σχολάζειν καὶ μηδὲν ἀσχημονεῖν, μὴ μόνον ἄρχοντες ἀλλὰ μηδʼ ἰδιωτεύοντες. εἰ δὲ δεῖ βλέπειν καὶ πρὸς εὐπορίαν χάριν σχολῆς, φαῦλον τὸ τὰς μεγίστας ὠνητὰς εἶναι τῶν ἀρχῶν, τήν τε βασιλείαν καὶ τὴν στρατηγίαν. ἔντιμον γὰρ ὁ νόμος οὗτος ποιεῖ τὸν πλοῦτον μᾶλλον τῆς ἀρετῆς, καὶ τὴν πόλιν ὅλην φιλοχρήματον. ὅ τι δʼ ἂν ὑπολάβῃ τίμιον εἶναι τὸ κύριον, ἀνάγκη καὶ τὴν τῶν ἄλλων πολιτῶν δόξαν ἀκολουθεῖν τούτοις. ὅπου δὲ μὴ μάλιστα ἀρετὴ τιμᾶται, ταύτην οὐχ οἷόν τε βεβαίως ἀριστοκρατεῖσθαι τὴν πολιτείαν. [¶13] And it is probable that those who purchase office will learn by degrees to make a profit out of it, when they hold office for money spent; for it would be odd if a man of small means but respectable should want to make a profit but an inferior person when he has spent money to get elected should not want to. Hence the persons who should be in office are those most capable of holding office. And even if the lawgiver neglected to secure comfortable means for respectable people, it would at all events be better that he should provide for their leisure while in office. And it might also be thought a bad thing for the same person to hold several offices, which is considered a distinction at Carthage. One man one job is the best rule for efficiency, and the lawgiver ought to see that this may be secured, and not appoint the same man to play the flute and make shoes. Hence except in a small city it is more statesmanlike for a larger number to share in the offices and more democratic, for it is fairer to all, as we said, and also functions are performed better and more quickly when separate than by the same people. This is clear in military and naval matters; for in both of these departments command and subordination penetrate throughout almost the whole body. But the constitution being oligarchical they best escape the dangers by being wealthy, as they constantly send out a portion of the common people to appointments in the cities; by this means they heal the social sore and make the constitution stable. > Greek: ἐθίζεσθαι δʼ εὔλογον κερδαίνειν τοὺς ὠνουμένους, ὅταν δαπανήσαντες ἄρχωσιν· ἄτοπον γὰρ εἰ πένης μὲν ὢν ἐπιεικὴς δὲ βουλήσεται κερδαίνειν, φαυλότερος δʼ ὢν οὐ βουλήσεται δαπανήσας. διὸ δεῖ τοὺς δυναμένους ἄριστʼ ἀρχεῖν, τούτους ἄρχειν. βέλτιον δʼ, εἰ καὶ προεῖτο τὴν εὐπορίαν τῶν ἐπιεικῶν ὁ νομοθέτης, ἀλλὰ ἀρχόντων γε ἐπιμελεῖσθαι τῆς σχολῆς. φαῦλον δʼ ἂν δόξειεν εἶναι καὶ τὸ πλείους ἀρχὰς τὸν αὐτὸν ἄρχειν· ὅπερ εὐδοκιμεῖ παρὰ τοῖς Καρχηδονίοις· ἓν γὰρ ὑφʼ ἑνὸς ἔργον ἄριστʼ ἀποτελεῖται. δεῖ δʼ ὅπως γίνηται τοῦθʼ ὁρᾶν τὸν νομοθέτην, καὶ μὴ προστάττειν τὸν αὐτὸν αὐλεῖν καὶ σκυτοτομεῖν. ὥσθʼ ὅπου μὴ μικρὰ ⟨ἡ⟩ πόλις, πολιτικώτερον πλείονας μετέχειν τῶν ἀρχῶν, καὶ δημοτικώτερον· κοινότερόν τε γὰρ καθάπερ εἴπομεν καὶ κάλλιον ἕκαστον ἀποτελεῖται τῶν αὐτῶν καὶ θᾶττον. δῆλον δὲ τοῦτο ἐπὶ τῶν πολεμικῶν καὶ τῶν ναυτικῶν· ἐν τούτοις γὰρ ἀμφοτέροις διὰ πάντων ὡς εἰπεῖν διελήλυθε τὸ ἄρχειν καὶ τὸ ἄρχεσθαι. ὀλιγαρχικῆς δʼ οὔσης τῆς πολιτείας ἄριστα ἐκφεύγουσι τῷ πλουτεῖν αἰεί τι τοῦ δήμου μέρος, ἐκπέμποντες ἐπὶ τὰς πόλεις. [¶14] However, this is the achievement of fortune, whereas freedom from civil strife ought to be secured by the lawgiver; but as it is, suppose some misfortune occurs and the multitude of the subject class revolts, there is no remedy provided by the laws to restore tranquillity. This then is the character of the Spartan, Cretan and Carthaginian constitutions, which are justly famous. Of those that have put forward views about politics, some have taken no part in any political activities whatever but have passed their whole life as private citizens; and something has been said about almost all the writers of this class about whom there is anything noteworthy. Some on the other hand have been lawgivers, either for their native cities or even for certain foreign peoples, after having themselves been actively engaged in government; and of these some have been framers of laws only, and others of a constitution also, for instance Solon and Lycurgus, who instituted both laws and constitutions. The Spartan constitution has been discussed. As for Solon, he is considered by some people to have been a good lawgiver, as having put an end to oligarchy when it was too unqualified and having liberated the people from slavery and restored the ancestral democracy with a skilful blending of the constitution: the Council on the Areopagus being an oligarchic element, the elective magistracies aristocratic and the law-courts democratic. And although really in regard to certain of these features, the Council and the election of magistrates, Solon seems merely to have abstained from destroying institutions that existed already, he does appear to have founded the democracy by constituting the jury-courts from all the citizens. > Greek: τούτῳ γὰρ ἰῶνται καὶ ποιοῦσι μόνιμον τὴν πολιτείαν. ἀλλὰ τουτί ἐστι τύχης ἔργον, δεῖ δὲ ἀστασιάστους εἶναι διὰ τὸν νομοθέτην. νῦν δέ, ἂν ἀτυχία γένηταί τις καὶ τὸ πλῆθος ἀποστῇ τῶν ἀρχομένων, οὐδὲν ἔστι φάρμακον διὰ τῶν νόμων τῆς ἡσυχίας. περὶ μὲν οὖν τῆς Λακεδαιμονίων πολιτείας καὶ Κρητικῆς καὶ τῆς Καρχηδονίων, αἵπερ δικαίως εὐδοκιμοῦσι, τοῦτον ἔχει τὸν τρόπον. τῶν δὲ ἀποφηναμένων τι περὶ πολιτείας ἔνιοι μὲν οὐκ ἐκοινώνησαν πράξεων πολιτικῶν οὐδʼ ὡντινωνοῦν, ἀλλὰ διετέλεσαν ἰδιωτεύοντες τὸν βίον, περὶ ὧν εἴ τι ἀξιόλογον, εἴρηται σχεδὸν περὶ πάντων, ἔνιοι δὲ νομοθέται γεγόνασιν, οἱ μὲν ταῖς οἰκείαις πόλεσιν οἱ δὲ καὶ τῶν ὀθνείων τισί, πολιτευθέντες αὐτοί· καὶ τούτων οἱ μὲν νόμων ἐγένοντο δημιουργοὶ μόνον, οἱ δὲ καὶ πολιτείας, οἷον καὶ Λυκοῦργος καὶ Σόλων· οὗτοι γὰρ καὶ νόμους καὶ πολιτείας κατέστησαν. περὶ μὲν οὖν τῆς Λακεδαιμονίων εἴρηται, Σόλωνα δʼ ἔνιοι μὲν οἴονται νομοθέτην γενέσθαι σπουδαῖον· ὀλιγαρχίαν τε γὰρ καταλῦσαι λίαν ἄκρατον οὖσαν, καὶ δουλεύοντα τὸν δῆμον παῦσαι, καὶ δημοκρατίαν καταστῆσαι τὴν πάτριον, μείξαντα καλῶς τὴν πολιτείαν· εἶναι γὰρ τὴν μὲν ἐν Ἀρείῳ πάγῳ βουλὴν ὀλιγαρχικόν, τὸ δὲ τὰς ἀρχὰς αἱρετὰς ἀριστοκρατικόν, τὰ δὲ δικαστήρια δημοτικόν. ἔοικε δὲ Σόλων ἐκεῖνα μὲν ὑπάρχοντα πρότερον οὐ καταλῦσαι, τήν τε βουλὴν καὶ τὴν τῶν ἀρχῶν αἵρεσιν, τὸν δὲ δῆμον καταστῆσαι, τὰ δικαστήρια ποιήσας ἐκ πάντων. [¶15] For this he is actually blamed by some persons, as having dissolved the power of the other parts of the community by making the law-court, which was elected by lot, all-powerful. For as the law-court grew strong, men courted favor with the people as with a tyrant, and so brought the constitution to the present democracy; and Ephialtes and Pericles docked the power of the Council on the Areopagus, while Pericles instituted payment for serving in the law-courts, and in this manner finally the successive leaders of the people led them on by growing stages to the present democracy. But this does not seem to have come about in accordance with the intention of Solon, but rather as a result of accident (for the common people having been the cause of the naval victories at the time of the Persian invasion became proud and adopted bad men as popular leaders when the respectable classes opposed their policy); inasmuch as Solon for his part appears to bestow only the minimum of power upon the people, the function of electing the magistrates and of calling them to account (for if even this were not under the control of the populace it would be a mere slave and a foreign enemy), whereas he appointed all the offices from the notable and the wealthy, the Five-hundred-bushel class and the Teamsters and a third property-class called the Knighthood; while the fourth class, the Thetes, were admitted to no office. > Greek: διὸ καὶ μέμφονταί τινες αὐτῷ· λῦσαι γὰρ θάτερα, κύριον ποιήσαντα τὸ δικαστήριον πάντων, κληρωτὸν ὄν. ἐπεὶ γὰρ τοῦτʼ ἴσχυσεν, ὥσπερ τυράννῳ τῷ δήμῳ χαριζόμενοι τὴν πολιτείαν εἰς τὴν νῦν δημοκρατίαν μετέστησαν· καὶ τὴν μὲν ἐν Ἀρείῳ πάγῳ βουλὴν Ἐφιάλτης ἐκόλουσε καὶ Περικλῆς, τὰ δὲ δικαστήρια μισθοφόρα κατέστησε Περικλῆς, καὶ τοῦτον δὴ τὸν τρόπον ἕκαστος τῶν δημαγωγῶν προήγαγεν αὔξων εἰς τὴν νῦν δημοκρατίαν. φαίνεται δʼ οὐ κατὰ τὴν Σόλωνος γενέσθαι τοῦτο προαίρεσιν, ἀλλὰ μᾶλλον ἀπὸ συμπτώματος (τῆς ναυαρχίας γὰρ ἐν τοῖς Μηδικοῖς ὁ δῆμος αἴτιος γενόμενος ἐφρονηματίσθη καὶ δημαγωγοὺς ἔλαβε φαύλους ἀντιπολιτευομένων τῶν ἐπιεικῶν), ἐπεὶ Σόλων γε ἔοικε τὴν ἀναγκαιοτάτην ἀποδιδόναι τῷ δήμῳ δύναμιν, τὸ τὰς ἀρχὰς αἱρεῖσθαι καὶ εὐθύνειν (μηδὲ γὰρ τούτου κύριος ὢν ὁ δῆμος δοῦλος ἂν εἴη καὶ πολέμιος), τὰς δʼ ἀρχὰς ἐκ τῶν γνωρίμων καὶ τῶν εὐπόρων κατέστησε πάσας, ἐκ τῶν πεντακοσιομεδίμνων καὶ ζευγιτῶν καὶ τρίτου τέλους τῆς καλουμένης ἱππάδος· [¶16] Laws were given by Zaleucus to the Epizephyrian Locrians and by Charondas of Catana to his fellow-citizens and to the other Chalcidic cities on the coasts of Italy and Sicily. Some persons try to connect Zaleucus and Charondas together: they say that Onomacritus first arose as an able lawgiver, and that he was trained in Crete, being a Locrian and travelling there to practise the art of soothsaying, and Thales became his companion, and Lycurgus and Zaleucus were pupils of Thales, and Charondas of Zaleucus; but these stories give too little attention to the dates. Philolaus of Corinth also arose as lawgiver at Thebes. Philolaus belonged by birth to the Bacchiad family; he became the lover of Diocles the winner at Olympia, but when Diocles quitted the city because of his loathing for the passion of his mother Alcyone, he went away to Thebes, and there they both ended their life. Even now people still show their tombs, in full view of each other and one of them fully open to view in the direction of the Corinthian country but the other one not; for the story goes that they arranged to be buried in this manner, Diocles owing to his hatred for his misfortune securing that the land of Corinth might not be visible from his tomb, and Philolaus that it might be from his. > Greek: τὸ δὲ τέταρτον τὸ θητικόν, οἷς οὐδεμιᾶς ἀρχῆς μετῆν. νομοθέται δʼ ἐγένοντο Ζάλευκός τε Λοκροῖς τοῖς ἐπιζεφυρίοις, καὶ Χαρώνδας ὁ Καταναῖος τοῖς αὑτοῦ πολίταις καὶ ταῖς ἄλλαις ταῖς Χαλκιδικαῖς πόλεσι ταῖς περὶ Ἰταλίαν καὶ Σικελίαν. πειρῶνται δέ τινες καὶ συνάγειν ὡς Ὀνομακρίτου μὲν γενομένου πρώτου δεινοῦ περὶ νομοθεσίαν, γυμνασθῆναι δʼ αὐτὸν ἐν Κρήτῃ, Λοκρὸν ὄντα καὶ ἐπιδημοῦντα, κατὰ τέχνην μαντικήν· τούτου δὲ γενέσθαι Θάλητα ἑταῖρον, Θάλητος δʼ ἀκροατὴν Λυκοῦργον καὶ Ζάλευκον, Ζαλεύκου δὲ Χαρώνδαν. ἀλλὰ ταῦτα μὲν λέγουσιν ἀσκεπτότερον τῶν χρόνων ἔχοντες. ἐγένετο δὲ καὶ Φιλόλαος ὁ Κορίνθιος νομοθέτης Θηβαίοις. ἦν δʼ ὁ Φιλόλαος τὸ μὲν γένος τῶν Βακχιαδῶν, ἐραστὴς δὲ γενόμενος Διοκλέους τοῦ νικήσαντος Ὀλυμπίασιν, ὡς ἐκεῖνος τὴν πόλιν ἔλιπε διαμισήσας τὸν ἔρωτα τὸν τῆς μητρὸς Ἀλκυόνης, ἀπῆλθεν εἰς Θήβας· κἀκεῖ τὸν βίον ἐτελεύτησαν ἀμφότεροι. καὶ νῦν ἔτι δεικνύουσι τοὺς τάφους αὐτῶν ἀλλήλοις μὲν εὐσυνόπτους ὄντας, πρὸς δὲ τὴν τῶν Κορινθίων χώραν τὸν μὲν σύνοπτον τὸν δʼ οὐ σύνοπτον· μυθολογοῦσι γὰρ αὐτοὺς οὕτω τάξασθαι τὴν ταφήν, τὸν μὲν Διοκλέα διὰ τὴν ἀπέχθειαν τοῦ πάθους, ὅπως μὴ ἄποπτος ἔσται ἡ Κορινθία ἀπὸ τοῦ χώματος, τὸν δὲ Φιλόλαον ὅπως ἄποπτος. [¶17] It was due then to a reason of this nature that they went to live at Thebes; but Philolaus became the Thebans’ lawgiver in regard to various matters, among others the size of families,—the laws called by the Thebans laws of adoption; about this Philolaus enacted special legislation, in order that the number of the estates in land might be preserved. There is nothing special in the code of Charondas except the trials for false witness (for he was the first to introduce the procedure of denunciation), but in the accuracy of his laws he is a more finished workman even than the legislators of today. (Peculiar to Phaleas is the measure for equalizing properties; to Plato, community of wives and children and of property, and the common meals for the women, and also the law about drunkenness, enacting that sober persons are to be masters of the drinking-bouts, and the regulation for military training to make men ambidextrous during drill, on the ground that it is a mistake to have one of the two hands useful but the other useless.) There are laws of Draco, but he legislated for an existing constitution, and there is nothing peculiar in his laws that is worthy of mention, except their severity in imposing heavy punishment. Pittacus also was a framer of laws, but not of a constitution; a special law of his is that if men commit any offence when drunk, they are to pay a larger fine than those who offend when sober; because since more men are insolent when drunk than when sober he had regard not to the view that drunken offenders are to be shown more mercy, but to expediency. > Greek: ᾤκησαν μὲν οὖν διὰ τὴν τοιαύτην αἰτίαν παρὰ τοῖς Θηβαίοις, νομοθέτης δʼ αὐτοῖς ἐγένετο Φιλόλαος περί τʼ ἄλλων τινῶν καὶ περὶ τῆς παιδοποιίας, οὓς καλοῦσιν ἐκεῖνοι νόμους θετικούς· καὶ τοῦτʼ ἐστὶν ἰδίως ὑπʼ ἐκείνου νενομοθετημένον, ὅπως ὁ ἀριθμὸς σῴζηται τῶν κλήρων. Χαρώνδου δʼ ἴδιον μὲν οὐδέν ἐστι πλὴν αἱ δίκαι τῶν ψευδομαρτυριῶν (πρῶτος γὰρ ἐποίησε τὴν ἐπίσκηψιν), τῇ δʼ ἀκριβείᾳ τῶν νόμων ἐστὶ γλαφυρώτερος καὶ τῶν νῦν νομοθετῶν. Φαλέου δʼ ἴδιον ἡ τῶν οὐσιῶν ἀνομάλωσις, Πλάτωνος δʼ ἥ τε τῶν γυναικῶν καὶ παίδων καὶ τῆς οὐσίας κοινότης καὶ τὰ συσσίτια τῶν γυναικῶν, ἔτι δʼ ὁ περὶ τὴν μέθην νόμος, τὸ τοὺς νήφοντας συμποσιαρχεῖν, καὶ τὴν ἐν τοῖς πολεμικοῖς ἄσκησιν ὅπως ἀμφιδέξιοι γίνωνται κατὰ τὴν μελέτην, ὡς δέον μὴ τὴν μὲν χρήσιμον εἶναι τοῖν χεροῖν τὴν δὲ ἄχρηστον. Δράκοντος δὲ νόμοι μὲν εἰσί, πολιτείᾳ δʼ ὑπαρχούσῃ τοὺς νόμους ἔθηκεν· ἴδιον δʼ ἐν τοῖς νόμοις οὐδὲν ἔστιν ὅ τι καὶ μνείας ἄξιον, πλὴν ἡ χαλεπότης διὰ τὸ τῆς ζημίας μέγεθος. ἐγένετο δὲ καὶ Πιττακὸς νόμων δημιουργὸς ἀλλʼ οὐ πολιτείας· νόμος δʼ ἴδιος αὐτοῦ τὸ τοὺς μεθύοντας, ἄν τι πταίσωσι, πλείω ζημίαν ἀποτίνειν τῶν νηφόντων· [¶18] Androdamas of Rhegium also became lawgiver to the Chalcidians in the direction of Thrace, and to him belong the laws dealing with cases of murder and with heiresses; however one cannot mention any provision that is peculiar to him. Let such be our examination of the constitutional schemes actually in force and of those that have been proposed by certain persons. > Greek: διὰ γὰρ τὸ πλείους ὑβρίζειν μεθύοντας ἢ νήφοντας οὐ πρὸς τὴν συγγνώμην ἀπέβλεψεν, ὅτι δεῖ μεθύουσιν ἔχειν μᾶλλον, ἀλλὰ πρὸς τὸ συμφέρον. ἐγένετο δὲ καὶ Ἀνδροδάμας Ῥηγῖνος νομοθέτης Χαλκιδεῦσι τοῖς ἐπὶ Θρᾴκης, οὗ τὰ περί τε τὰ φονικὰ καὶ τὰς ἐπικλήρους ἐστίν· οὐ μὴν ἀλλὰ ἴδιόν γε οὐδὲν αὐτοῦ λέγειν ἔχοι τις ἄν. τὰ μὲν οὖν περὶ τὰς πολιτείας, τάς τε κυρίας καὶ τὰς ὑπὸ τινῶν εἰρημένας, ἔστω τεθεωρημένα τὸν τρόπον τοῦτον.