Memorabilia

Xenophon

Xenophon in Seven Volumes Vol 4; Marchant, E. C. (Edgar Cardew), 1864-1960, translator; Marchant, E. C. (Edgar Cardew), 1864-1960, editor

Laws, said Hippias, can hardly be thought of much account, Socrates, or observance of them, seeing that the very men who passed them often reject and amend them.Yes, said Socrates, and after going to war, cities often make peace again.To be sure.Then is there any difference, do you think, between belittling those who obey the laws on the ground that the laws may be annulled, and blaming those who behave well in the wars on the ground that peace may be made? Or do you really censure those who are eager to help their fatherland in the wars?No, of course not.

Lycurgus the Lacedaemonian now — have you realised that he would not have made Sparta to differ from other cities in any respect, had he not established obedience to the laws most securely in her? Among rulers in cities, are you not aware that those who do most to make the citizens obey the laws are the best, and that the city in which the citizens are most obedient to the laws has the best time in peace and is irresistible in war?

And again, agreement is deemed the greatest blessing for cities: their senates and their best men constantly exhort the citizens to agree, and everywhere in Greece there is a law that the citizens shall promise under oath to agree, and everywhere they take this oath. The object of this, in my opinion, is not that the citizens may vote for the same choirs, not that they may praise the same flute-players, not that they may select the same poets, not that they may like the same things, but that they may obey the laws. For those cities whose citizens abide by them prove strongest and enjoy most happiness; but without agreement no city can be made a good city, no house can be made a prosperous house.

And how is the individual citizen less likely to incur penalties from the state, and more certain to gain honour than by obeying the laws? How less likely to be defeated in the courts or more certain to win? Whom would anyone rather trust as guardian of his money or sons or daughters? Whom would the whole city think more trustworthy than the man of lawful conduct? From whom would parents or kinsfolk or servants or friends or fellow-citizens or strangers more surely get their just rights? Whom would enemies rather trust in the matter of a truce or treaty or terms of peace? Whom would men rather choose for an ally? And to whom would allies rather entrust leadership or command of a garrison, or cities? Whom would anyone more confidently expect to show gratitude for benefits received? Or whom would one rather benefit than him from whom he thinks he will receive due gratitude? Whose friendship would anyone desire, or whose enmity would he avoid more earnestly? Whom would anyone less willingly make war on than him whose friendship he covets and whose enmity he is fain to avoid, who attracts the most friends and allies, and the fewest opponents and enemies?

So, Hippias, I declare lawful and just to be the same thing. If you are of the contrary opinion, tell me.Upon my word, Socrates, answered Hippias, I don’t think my opinion is contrary to what you have said about Justice.

Do you know what is meant by unwritten laws, Hippias?Yes, those that are uniformly observed in every country.Could you say that men made them?Nay, how could that be, seeing that they cannot all meet together and do not speak the same language?Then by whom have these laws been made, do you suppose?I think that the gods made these laws for men. For among all men the first law is to fear the gods.

Is not the duty of honouring parents another universal law?Yes, that is another.And that parents shall not have sexual intercourse with their children nor children with their parents?[*](Cyropaedia V. i. 10.)No, I don’t think that is a law of God.Why so?Because I notice that some transgress it.

Yes, and they do many other things contrary to the laws. But surely the transgressors of the laws ordained by the gods pay a penalty that a man can in no wise escape, as some, when they transgress the laws ordained by man, escape punishment, either by concealment or by violence.

And pray what sort of penalty is it, Socrates, that may not be avoided by parents and children who have intercourse with one another?The greatest, of course. For what greater penalty can men incur when they beget children than begetting them badly?

How do they beget children badly then, if, as may well happen, the fathers are good men and the mothers good women?Surely because it is not enough that the two parents should be good. They must also be in full bodily vigour: unless you suppose that those who are in full vigour are no more efficient as parents than those who have not yet reached that condition or have passed it.Of course that is unlikely.Which are the better then?Those who are in full vigour, clearly.Consequently those who are not in full vigour are not competent to become parents?It is improbable, of course.In that case then, they ought not to have children?Certainly not.Therefore those who produce children in such circumstances produce them wrongly?I think so.Who then will be bad fathers and mothers, if not they?I agree with you there too.

Again, is not the duty of requiting benefits universally recognised by law?Yes, but this law too is broken.Then does not a man pay forfeit for the breach of that law too, in the gradual loss of good friends and the necessity of hunting those who hate him? Or is it not true that, whereas those who benefit an acquaintance are good friends to him, he is hated by them for his ingratitude, if he makes no return, and then, because it is most profitable to enjoy the acquaintance of such men, he hunts them most assiduously?Assuredly, Socrates, all this does suggest the work of the gods. For laws that involve in themselves punishment meet for those who break them, must, I think, be framed by a better legislator than man.

Then, Hippias, do you think that the gods ordain what is just or what is otherwise?Not what is otherwise — of course not; for if a god ordains not that which is just, surely no other legislator can do so.Consequently, Hippias, the gods too accept the identification of just and lawful.By such words and actions he encouraged Justice in those who resorted to his company.