Laws

Ath. The way I am describing is, I believe, that in which supervision of all things is most easy for the gods. For if one were to shape all things, without a constant view to the Whole, by transforming them (as, for instance, fire into water), instead of merely converting one into many or many into one, then when things had shared in a first, or second, or even third generation,[*](This seems to refer to three stages of the soul’s incarnation; see p. 367, n. 2.) they would be countless in number in such a system of transformations; but as things are, the task before the Supervisor of the All is wondrous easy.

Clin. How do you mean?

Ath. Thus:—Since our King saw that all actions involve soul, and contain much good and much evil, and that body and soul are, when generated, indestructible but not eternal,[*](Cp.Plat. Tim 37c ff.) as are the gods ordained by law (for if either soul or body had been destroyed, there would never have been generation of living creatures), and since He perceived that all soul that is good naturally tends always to benefit, but the bad to injure,—observing all this, He designed a location for each of the parts, wherein it might secure the victory of goodness in the Whole and the defeat of evil most completely, easily, and well. For this purpose He has designed the rule which prescribes what kind of character should be set to dwell in what kind of position and in what regions;[*](Cp.Plat. Tim 42b ff. where it is said that the soul of the good man returns at death to its native star, while that of the bad takes the form of a woman in its second, and that of a beast in its third incarnation.) but the causes of the generation of any special kind he left to the wills of each one of us men.[*](Cp. Plat. Rep. 617e.) For according to the trend of our desires and the nature of our souls, each one of us generally becomes of a corresponding character.

Clin. That is certainly probable.

Ath. All things that share in soul change, since they possess within themselves the cause of change, and in changing they move according to the law and order of destiny; the smaller the change of character, the less is the movement over surface in space, but when the change is great and towards great iniquity, then they move towards the deep and the so-called lower regions, regarding which—under the names of Hades and the like—men are haunted by most fearful imaginings, both when alive and when disparted from their bodies. And whenever the soul gets a specially large share of either virtue or vice, owing to the force of its own will and the influence of its intercourse growing strong, then, if it is in union with divine virtue, it becomes thereby eminently virtuous, and moves to an eminent region, being transported by a holy road to another and a better region; whereas, if the opposite is the case, it changes to the opposite the location of its life’s abode.

Ath.

1. This is the just decree of the gods who inhabit Olympus,

Clin. Admirably spoken: let us do as you say.

Ath. Come now, in the name of these gods themselves I ask—in what way would they come to be seduced by us, if seduced they were? Being what in their essence and character? Necessarily they must be rulers, if they are to be in continual control of the whole heaven.

Clin. True.

Ath. But to which kind of rulers are they like? Or which are like to them, of those rulers whom we can fairly compare with them, as small with great? Would drivers of rival teams resemble them, or pilots of ships? Or perhaps they might be likened to rulers of armies; or possibly they might be compared to physicians watching over a war against bodily disease, or to farmers fearfully awaiting seasons of wonted difficulty for the generation of plants, or else to masters of flocks. For seeing that we have agreed[*](Cp. Plat. Laws 904a ff., Plat. Laws 896c ff., Plat. Rep. 379c.) among ourselves that the heaven is full of many things that are good, and of the opposite kind also, and that those not good are the more numerous, such a battle, we affirm, is undying, and needs a wondrous watchfulness,—the gods and daemons being our allies, and we the possession[*](Cp.Plat. Phaedo 62b.) of the gods and daemons; and what destroys us is iniquity and insolence combined with folly, what saves us, justice and temperance combined with wisdom, which dwell in the animate powers of the gods, and of which some small trace may be clearly seen here also residing in us. But there are certain souls that dwell on earth and have acquired unjust gain which, being plainly bestial, beseech the souls of the guardians—whether they be watch-dogs or herdsmen or the most exalted of masters—trying to convince them by fawning words and prayerful incantations that (as the tales of evil men relate) they can profiteer among men on earth without any severe penalty: but we assert that the sin now mentioned, of profiteering or over-gaining, is what is called in the case of fleshly bodies disease,[*](Cp.Plat. Rep. 609 ff, Plat. Sym. 188a ff., where the theory is stated that health depends upon the harmony, or equal balance, of the constituent elements of the body (heat and cold, moisture and dryness,); when any of these (opposite) elements is in excess (πλεονεκτεῖ), disease sets in. So, too, in the body politic, the excess of due measure by any element, or member, is injustice.) in that of seasons and years pestilence, and in that of States and polities, by a verbal change, this same sin is called injustice.

Clin. Certainly.

Ath. Such must necessarily be the account of the matter given by the man who says that the gods are always merciful to unjust men and those who act unjustly, provided that one gives them a share of one’s unjust gains; it is just as if wolves were to give small bits of their prey to watch-dogs, and they being mollified by the gifts were to allow them to go ravening among the flocks. Is not this the account given by the man who asserts that the gods are open to bribes?

Clin. It is.

Ath. To which of the guardians aforementioned might a man liken the gods without incurring ridicule? Is it to pilots, who, when warped themselves by wine’s

flow and flavor,

Clin. By no means.

Ath. And surely not to drivers ranged up for a race and seduced by a gift to lose it in favor of other teams?

Clin. If that was the account you gave of them, it would indeed be a horrible comparison.

Ath. Nor, surely, to generals or physicians or farmers or herdsmen; nor yet to dogs charmed by wolves?

Clin. Hush! That is quite impossible.

Ath. Are not all gods the greatest of all guardians, and over the greatest things?

Clin. Yes, by far.

Ath. Shall we say that those who watch over the fairest things, and who are themselves eminently good at keeping watch, are inferior to dogs and ordinary men, who would never betray justice for the sake of gifts impiously offered by unjust men?

Clin. By no means; it is an intolerable thing to say, and whoever embraces such an opinion would most justly be adjudged the worst and most impious of all the impious men who practice impiety in all its forms.

Ath. May we now say that we have fully proved our three propositions,—namely, that the gods exist, and that they are careful, and that they are wholly incapable of being seduced to transgress justice?

Clin. Certainly we may; and in these statements you have our support.

Ath. And truly they have been made in somewhat vehement terms, in our desire for victory over those wicked men; and our desire for victory was due to our fear lest haply, if they gained the mastery in argument, they should suppose they had gained the right to act as they chose—those men who wickedly hold all those false notions about the gods. On this account we have been zealous to speak with special honor; and if we have produced any good effect, however small, in the way of persuading the men to hate themselves and to feel some love for an opposite kind of character, then our prelude to the laws respecting impiety will not have been spoken amiss.

Clin. Well, there is hope; and if not, at any rate no fault will be found with the lawgiver in respect of the nature of the argument.

Ath. After the prelude it will be proper for us to have a statement of a kind suitable to serve as the laws’ interpreter, forewarning all the impious to quit their ways for those of piety. For those who disobey, this shall be the law concerning impiety:—If anyone commits impiety either by word or deed, he that meets with him shall defend the law by informing the magistrates, and the first magistrates who hear of it shall bring the man up before the court[*](Cp. Plat. Laws 767c, Plat. Laws 767d, Plat. Laws 855c.) appointed to decide such cases as the laws direct; and if any magistrate on hearing of the matter fail to do this, he himself shall be liable to a charge of impiety at the hands of him who wishes to punish him on behalf of the laws.

Ath. And if a man be convicted, the court shall assess one penalty for each separate act of impiety. Imprisonment shall be imposed in every case; and since there are three prisons in the State (namely, one public prison near the market for most cases, to secure the persons of the average criminals; a second, situated near the assembly-room of the officials who hold nightly assemblies,[*](Cp. Plat. Laws 909a, Plat. Laws 961a.) and named the reformatory; and a third, situated in the middle of the country, in the wildest and loneliest spot possible, and named after retribution[*](Cp. Plat. Laws 704b.)), and since men are involved in impiety from the three causes which we have described, and from each such cause two forms of impiety result—consequently those who sin in respect of religion fall into six classes which require to be distinguished, as needing penalties that are neither equal nor similar. For while those who, though they utterly disbelieve in the existence of the gods, possess by nature a just character, both hate the evil and, because of their dislike of injustice, are incapable of being induced to commit unjust actions, and flee from unjust men and love the just, on the other hand, those who, besides holding that the world is empty of gods, are afflicted by incontinence in respect of pleasures and pains, and possess also powerful memories and sharp wits—though both these classes share alike in the disease of atheism, yet in respect of the amount of ruin they bring on other people, the latter class would work more and the former less of evil. For whereas the one class will be quite frank in its language about the gods and about sacrifices and oaths, and by ridiculing other people will probably convert others to its views, unless it meets with punishment, the other class, while holding the same opinions as the former, yet being specially gifted by nature and being full of craft and guile, is the class out of which are manufactured many diviners and experts in all manner of jugglery; and from it, too, there spring sometimes tyrants and demagogues and generals, and those who plot by means of peculiar mystic rites of their own, and the devices of those who are called sophists. Of these there may be many kinds; but those which call for legislation are two, of which the ironic[*](i.e. hypocritical, hiding impiety under a cloak of religion.) kind commits sins that deserve not one death only or two, while the other kind requires both admonition and imprisonment.

Ath. Likewise also the belief that the gods are neglectful breeds two other kinds of impiety; and the belief in their being open to bribes, other two. These kinds being thus distinguished, those criminals who suffer from folly,[*](Cp. Plat. Laws 863b, Plat. Laws 863c.) being devoid of evil disposition and character, shall be placed by the judge according to law in the reformatory for a period of not less than five years, during which time no other of the citizens shall hold intercourse with them, save only those who take part in the nocturnal assembly,[*](Cp. Plat. Laws 908a.) and they shall company with them to minister to their souls’ salvation by admonition; and when the period of their incarceration has expired, if any of them seems to be reformed, he shall dwell with those who are reformed, but if not, and if he be convicted again on a like charge, he shall be punished by death. But as to all those who have become like ravening beasts, and who, besides holding that the gods are negligent or open to bribes, despise men, charming the souls of many of the living, and claiming that they charm the souls of the dead, and promising to persuade the gods by bewitching them, as it were, with sacrifices, prayers and incantations,[*](Cp. Plat. Laws 933a,, Plat. Rep. 364b ff.) and who try thus to wreck utterly not only individuals, but whole families and States for the sake of money,—if any of these men be pronounced guilty, the court shall order him to be imprisoned according to law in the mid-country jail, and shall order that no free man shall approach such criminals at any time, and that they shall receive from the servants a ration of food as fixed by the Law-wardens. And he that dies shall be cast outside the borders without burial; and if any free man assist in burying him, he shall be liable to a charge of impiety at the hands of anyone who chooses to prosecute. And if the dead man leaves children fit for citizenship, the guardians of orphans shall take them also under their charge from the day of their father’s conviction, just as much as any other orphans. For all these offenders one general law must be laid down, such as will cause the majority of them not only to offend less against the gods by word and deed, but also to become less foolish, through being forbidden to trade in religion illegally. To deal comprehensively with all such cases the following law shall be enacted:—No one shall possess a shrine in his own house: when any one is moved in spirit to do sacrifice, he shall go to the public places to sacrifice, and he shall hand over his oblations to the priests and priestesses to whom belongs the consecration thereof; and he himself, together with any associates he may choose, shall join in the prayers.

Ath. This procedure shall be observed for the following reasons—It is no easy task to found temples and gods, and to do this rightly needs much deliberation; yet it is customary for all women especially, and for sick folk everywhere, and those in peril or in distress (whatever the nature of the distress), and conversely for those who have had a slice of good fortune, to dedicate whatever happens to be at hand at the moment, and to vow sacrifices and promise the founding of shrines to gods and demi-gods and children of gods; and through terrors caused by waking visions or by dreams, and in like manner as they recall many visions and try to provide remedies for each of them, they are wont to found altars and shrines, and to fill with them every house and every village, and open places too, and every spot which was the scene of such experiences. For all these reasons their action should be governed by the law now stated; and a further reason is this—to prevent impious men from acting fraudulently in regard to these matters also, by setting up shrines and altars in private houses, thinking to propitiate the gods privily by sacrifices and vows, and thus increasing infinitely their own iniquity, whereby they make both themselves and those better men who allow them guilty in the eyes of the gods, so that the whole State reaps the consequences of their impiety in some degree—and deserves to reap them. The lawgiver himself, however, will not be blamed by the god; for this shall be the law laid down:—Shrines of the gods no one must possess in a private house; and if anyone is proved to possess and worship at any shrine other than the public shrines—be the possessor man or woman,—and if he is guilty of no serious act of impiety, he that notices the fact shall inform the Law-wardens, and they shall give orders for the private shrines to be removed to the public temples, and if the owner disobeys the order, they shall punish him until he removes them. And if anyone be proved to have committed an impious act, such as is not the venial offence of children, but the serious irreligion of grown men, whether by setting up a shrine on private ground, or on public ground, by doing sacrifice to any gods whatsoever, for sacrificing in a state of impurity he shall be punished with death. And the Law-wardens shall judge what is a childish or venial offence and what not, and then shall bring the offenders before the court, and shall impose upon them the due penalty for their impiety.

Ath. In the next place our business transactions one with another will require proper regulation. The following will serve for a comprehensive rule:—as far as possible, no one shall touch my goods nor move them in the slightest degree, if he has in no wise at all got my consent; and I must act in like manner regarding the goods of all other men, keeping prudent mind. As the first of such things let us mention treasure: that which a man has laid by in store for himself and his family (he not being one of my parents), I must never pray to the gods to find, nor, if I do find it, may I move it, nor may I ever tell of it to the soothsayers (so-called), who are certain to counsel me to take up what is laid down in the ground. For never should I gain so much pecuniary profit by its removal, as I should win increase in virtue of soul and in justice by not removing it; and by preferring to gain justice in my soul rather than money in my purse, I should be winning a greater in place of a lesser gain, and that too in a better part of me. The rule,[*](Cp. Plat. Laws 684e, Plat. Laws 843a.) Thou shalt not move the immovable, is rightly applicable to many cases; and the case before us is one of them. And men ought also to believe the stories told about these matters,—how that such conduct is injurious to the getting of children. But if any man proves to be both regardless of children and neglectful of the legislator, and, without the consent of the depositor, takes up a treasure which neither he himself nor any of his forefathers has deposited, and thus breaks a law most fair, and that most comprehensive ordinance of the noble man[*](Solon.) who said, Take not up what you laid not down,—the man who despises these two lawgivers and takes up what he has not laid down himself, it being no small thing but sometimes a vast quantity of treasure,—what penalty should such a man suffer?

Ath. God knows what, at the hands of gods; but the man that first notices an act of this kind shall report it, if it occur in the city, to the city-stewards, or if in a public market, to the market-stewards; and if it occur in the country outside, he shall declare it to the rural stewards and their officers. And when such declarations are made, the State shall send to Delphi;[*]( Cp. Plat. Laws 759c., Plat. Laws 772d.) and whatever the god pronounces concerning the goods and him that moved them, that the State shall execute, acting as agent on behalf of the oracles of the god. And if the informer be a free man, he shall win a reputation for virtue, but for vice if he fail to inform; and if he be a slave, as a reward for informing it will be right that he should be set free, by the State offering his price to his master, whereas he shall be punished by death if he fail to give information. Following on this there should come next a similar rule about matters great and small, to reinforce it. If a man, whether willingly or unwillingly, leaves any of his goods behind, he that happens on them shall let them lie, believing that the Goddess of the Wayside[*](Hecate (=Artemis)) guards them, as things dedicated to her divinity by the law. Should anyone transgress this rule and disobediently take such things and carry them home, he being a slave and the article of small value, then the man who meets with him, being over thirty years old, shall scourge him with many stripes; but if he be a free man, he shall not only be accounted illiberal and a rebel against the laws, but he shall in addition buy back ten times the value of the article moved to the man who left it behind. And if one man charges another with possessing any of his goods, be it great or small, and the man so charged allows that he has the article, but denies that it is the other man’s,—then, if the article in question has been registered[*]( Cp. Plat. Laws 745a, Plat. Laws 745b.) with the magistrates according to law, the plaintiff shall summon the man who possesses it before the magistrate, and he shall produce it in court. And the article being thus exhibited, if it be clearly recorded in the records to which of the disputants it belongs, he shall take it and depart; but should it belong to another third party, not then present, whichever of the two claimants produces a sufficient guarantor shall take it away on behalf of the absent party, in pursuance of his right of removal, to hand it over to him. But if the article in dispute be not registered with the magistrates, it will be kept in charge of the three senior magistrates up to the time of the trial; and if the article in pledge be a beast, the man that loses the case concerning it shall pay the magistrates for its keep; and the magistrates shall decide the case within three days. Any person—provided that he be in his senses—may lay hands, if he wishes, on his own slave, to employ him for any lawful purpose; and on behalf of another man (one of his relatives or friends) he may lay hands on the runaway slave, to secure his safe-keeping. And if a man tries to remove to freedom anyone who is being carried off as a slave, the man who is carrying him off shall let him go, and he that is removing him shall do so on the production of three substantial sureties, but not otherwise;

Ath. and if anyone removes a slave contrary to these conditions, he shall be liable for assault, and if convicted he shall pay double his registered due to the man deprived. And a man may arrest also a freedman, if in any case he fails to attend, or to attend sufficiently, on those who have freed him; and such tendance shall consist in the coming of the freedman three times a month to the home of the man that freed him, and there undertaking to do those duties which are both just and feasible, and in regard to marriage also to act as may seem good also to his former master. The freedman shall not be permitted to be more wealthy than the man who freed him; and, if he is, the excess shall be made to his master. He that is let go free shall not remain in the country more than twenty years, but shall depart, like all other foreigners,[*]( Cp. Plat. Laws 850b.) taking with him all the property he owns, unless he gains the consent of the magistrates and also of the man who freed him. And if a freedman, or any other foreigner, acquired property exceeding in amount the third evaluation,[*]( Cp. Plat. Laws 744c, Plat. Laws 744e, Plat. Laws 756d.) within thirty days from the day on which he acquires this excess he shall take his own property and depart, and he shall have no further right to request from the magistrates permission to remain; and if he disobeys these rules and is summoned before the court and convicted, he shall be punished by death, and his goods shall be confiscated. Such cases shall be tried before the tribal courts, unless the parties first get a settlement of their charges against one another before neighbors or chosen jurors. If anyone claims as his own the beast of any other man, or any other of his chattels, the man who holds it shall refer the matter to the person who, as being its substantial and lawful owner, sold it, or gave it, or made it over to him in some other way; and this he shall do within thirty days, if the reference be made to a citizen or metic in the city, or, in the case of a foreign delivery, within three months, of which the middle month shall be at which includes the summer solstice.[*]( Cp. Plat. Laws 952e.) And when the man makes an exchange with another by an act buying or selling, the exchange shall be made by transfer of the article in the place appointed therefore in the market, and nowhere else, and by payment the price on the spot, and no purchase or sale shall be made on credit;[*]( Cp. Plat. Laws 849e.) and if anyone makes an exchange with another otherwise or in other places, trusting the man with whom he is dealing, he shall do so on the understanding that there are no suits by law touching things not sold according to the laws now prescribed.[*]( Cp. Plat. Rep. 556b.) As regards club-collections,[*]( i.e. of subscriptions due from members of a (dining) club, or of money raised as a loan to a member in time of need.) whoso wishes may collect as a friend among friends; but if any dispute arises concerning the collection, they must act on the understanding that in regard to these matters no legal actions are possible.

Ath. If any man receives for the sale of any article a price not less than fifty drachmae, he shall be compelled to remain in the city for ten days, and the seller’s residence shall be made known to the buyer, because of the charges which are commonly brought in connection with such transactions, and because of the acts of restitution permitted by law. Such legal restitution, or non-restitution, shall be on this wise:—If a man sell a slave who is suffering from phthisis or stone or strangury or the sacred disease[*]( i.e. epilepsy.) (as it is called), or from any other complaint, mental or physical, which most men would fail to notice, although it be prolonged and hard to cure,—in case the purchaser be a doctor or a trainer, it shall not be possible for him to gain restitution for such a case, nor yet if the seller warned the purchaser of the facts. But if any professional person sell any such slave to a lay person, the buyer shall claim restitution within six months, saving only in the case of epilepsy, for which disease he shall be permitted to claim within twelve months. The action shall be tried before a bench of doctors nominated and chosen by both the parties; and the party that loses his case shall pay double the selling price of the slave. If a lay person sells to a lay person, there shall be the same right of restitution and trial as in the cases just mentioned; but the losing party shall pay the selling price only. If a man wittingly sells a murderer, if the buyer is aware of the fact, he shall have no claim to restitution for the purchase of such an one; but if the buyer be ignorant, he shall have right of restitution as soon as the fact is perceived, and the trial shall take place before a court of the five youngest Law-wardens, and if it be decided that the seller acted wittingly, he shall purify the houses of the buyer as ordained by the interpreters,[*]( The officials in charge of (Delphic) religious rites; cp. Plat. Laws 759c, Plat. Laws 828b.) and he shall pay three times the selling price to the buyer. He that exchanges for money either money or anything else, living or not living, shall give and receive every such article unadulterated, conforming to the law; and touching all knavery of this sort, as in the case of other laws, let us hearken to a prelude. Adulteration should be regarded by every man as coming under the same head as falsehood and fraud—a class of actions concerning which the mob are wont to say, wrongly, that any such action will generally be right if it be done opportunely: but the proper opportunity, the when and the where, they leave unprescribed and undefined, so that by this saying they often bring loss both to themselves and to others. But it is not fitting for the lawgiver to leave this matter undefined; he must always declare clearly the limitations, great or small, and this shall now be, done:—

Ath. No man, calling the gods to witness, shall commit, either by word or deed, any falsehood, fraud or adulteration, if he does not mean to be most hateful to the gods; and such an one is he who without regard of the gods swears oaths falsely, and also who lies in the presence of his superiors. Now the better are the superiors of the worse, and the older in general of the younger; wherefore also parents are superior to their offspring, men to women and children, rulers to ruled.[*]( Cp. Plat. Laws 690a.) And it will be proper for all to revere all these classes of superiors, whether they be in other positions of authority or in offices of State above all; and to enforce this is just the purpose of our present discourse. For everyone who adulterates any market commodity, lies and deceives and, calling Heaven to witness, takes an oath in front of the laws and cautions of the market-stewards, neither regarding men nor revering gods. Certainly it is a good practice to refrain from sullying lightly divine names, and to behave with such purity and holiness as most of us generally exhibit in matters of religion; if however this rule is disobeyed, the law runs thus:—He that sells any article in the market shall never name two prices for what he is selling; he shall name one price only, and if he fails to get this, he will be entitled to take the article away; but he shall not put any other price, greater or less, upon it on that day; and there shall be no puffing or taking of oaths about anything put up for sale. If any man disobeys these rules, any townsman who is present, not being under thirty years of age, shall punish with a beating the seller who swears, and he shall do so with impunity; but if he is disobedient and neglects to do so, he shall be liable to reprobation for betraying the laws. And if a man is selling an adulterated article, and is incapable of obeying our present rules, any person who is present and aware of the fact and able to expose him shall take for himself the adulterated article, if he expose him before a magistrate, he being himself a slave or a metic,—but if he be a citizen, he shall be declared to be wicked, as a robber of the gods, if he fail to expose the guilty man; while if he does expose him, he shall offer the article to the gods who preside over the market. He that is found out in selling any such article, in addition to being deprived of the adulterated article, shall be beaten in the market-place with stripes—one stripe for every drachma in the price he asks for the article— after that the herald has first proclaimed the crimes for which the seller is to be beaten. Touching acts of fraud and wrongful acts done by sellers, the market-stewards and the Law-wardens, after making enquiry from experts in each trade, shall write out rules as to what the seller ought to do or avoid doing, and shall post them up on a pillar in front of the stewards office, to serve as written laws and clear instructors for those engaged in business in the market.

Ath. The duties of the city-stewards have been fully stated already;[*]( Cp. Plat. Laws 759a., Plat. Laws 849e., Plat. Laws 881c.) in case any addition seems to be required, they shall inform the Law-wardens, and write out what seems to be wanting; and they shall post up on the pillar at the city-stewards office both the primary and the secondary regulations pertaining to their office. Following close upon practices of adulteration follow practices of retail trading; concerning which, as a whole, we shall first offer counsel and argument, and then impose on it a law. The natural purpose for which all retail trading comes into existence in a State is not loss, but precisely the opposite; for how can any man be anything but a benefactor if he renders even and symmetrical the distribution of any kind of goods which before was unsymmetrical and uneven? And this is, we must say, the effect produced by the power of money, and we must declare that the merchant is ordained for this purpose. And the hireling and the innkeeper and the rest—some more and some less respectable trades,—all have this function, namely, to provide all men with full satisfaction of their needs and with evenness in their properties.[*]( i.e. by equalizing the distribution of goods throughout the community. Cp. Aristot. Pol. 1257a 14 ff.) Let us see then wherein trade is reputed to be a thing not noble nor even respectable, and what has caused it to be disparaged, in order that we may remedy by law parts of it at least, if not the whole. This is an undertaking, it would seem, of no slight importance, and one that calls for no little virtue.

Clin. How do you mean?

Ath. My dear Clinias, small is the class of men—rare by nature and trained, too, with a superlative training—who, when they fall into diverse needs and lusts, are able to stand out firmly for moderation, and who, when they have the power of taking much wealth, are sober, and choose what is of due measure rather than what is large. The disposition of the mass of mankind is exactly the opposite of this; when they desire, they desire without limit, and when they can make moderate gains, they prefer to gain insatiably; and it is because of this that all the classes concerned with retail trade, commerce, and inn-keeping are disparaged and subjected to violent abuse. Now if anyone were to do what never will be done (Heaven forbid !)—but I shall make the supposition, ridiculous though it is— namely, compel the best men everywhere for a certain period to keep inns or to peddle or to carry on any such trade, or even to compel women by some necessity of fate to take part in such a mode of life,—then we should learn how that each of these callings is friendly and desirable; and if all these callings were carried on according to a rule free from corruption, they would be honored with the honor which one pays to a mother or a nurse.

Ath. But as things are now, whenever a man has planted his house, with a view to retail trade, in a desert place and with all the roads from it lengthy, if in this welcome lodging he receives travellers in distress, providing tranquillity and calm to those buffeted by fierce storms or restful coolness after torrid heat,—the next thing is that, instead of treating them as comrades and providing friendly gifts as well as entertainment, he holds them ransom, as if they were captive foemen in his hands, demanding very high sums of unjust and unclean ransom-money; it is criminal practices such as this, in the case of all these trades, that afford grounds of complaint against this way of succoring distress. For these evils, then, the lawgiver must in each case provide a medicine. It is an old and true saying that it is hard to fight against the attack of two foes[*]( Cp. Plat. Phaedo 89c ff: πρὸς δύο λέγεται οὐδ’ ὁ Ἡρακλῆς οἷός τε εἶναι.) of opposite quarters, as in the case of diseases and many other things; and indeed our present fight in this matter is against two foes, poverty and plenty,[*]( Cp. Plat. Laws 679b, Plat. Laws 705b.) of which the one corrupts the soul of men with luxury, while the other by means of pain plunges it into shamelessness. What remedy, then, is to be found for this disease in a State gifted with understanding? The first is to employ the trading class as little as possible; the second, to assign to that class those men whose corruption would prove no great loss to the State; the third, to find a means whereby the dispositions of those engaged in these callings may not quite so easily become infected by shamelessness and meanness of soul. After the declarations now made, let our law on these matters (Heaven prosper it!) run in this wise:—Amongst the Magnesians,[*]( Cp. Plat. Laws 702b ff., Plat. Laws 848c.) whom the god is restoring and founding afresh, none of all the landholders who belong to the houses shall, either willingly or unwillingly, become a retail trader or a merchant, or engage in any menial service for private persons who do not make an equal return to himself, save only for his father and mother and those of a still earlier generation, and all that are elder than himself, they being gentlemen[*]( Literally free men,—the Greek word connoting generosity, culture and dignity, like our gentle.) and his a gentleman’s service. What is becoming, what unbecoming a gentleman it is not easy to fix by law; it shall, however, be decided by those persons who have achieved public distinction[*]( Cp. Plat. Laws 914a, Plat. Laws 922a ff.) for their aversion to the one and their devotion to the other.

Ath. If any citizen in any craft engages in ungentlemanly peddling, whoso will shall indict him for shaming his family before a bench of those adjudged to be the first in virtue, and if it be held that he is sullying his paternal hearth by an unworthy calling, he shall be imprisoned for a year and so restrained therefrom; if he repeats the offence, he shall get two years’ imprisonment, and for each subsequent conviction the period of imprisonment shall go on being doubled. Now comes a second law:—Whosoever intends to engage in retail trade must be a resident alien or a foreigner. And thirdly, this third law:—In order that such an one may be as good as possible, or as little as possible bad, he being a resident in our State, the Law-wardens must bear in mind that they are guardians not only of those who, being well-trained both by birth and nurture, are easy to guard from lawless and evil ways, but also of those who are otherwise, and who follow pursuits which greatly to urge them on the road to vice; and these must regard the more. Accordingly, with respect to retail trading, which is a multifarious occupation, embracing many callings of a similar nature,—with respect (I mean) to so many branches as are allowed to exist, as being deemed absolutely necessary to the State, concerning these the procedure shall be the same as that previously described in the case of the kindred matter of adulteration:[*]( Cp. Plat. Laws 917e.) the Law-wardens must meet in consultation with experts in every branch of retail trade, and at their meetings they must consider what standard of profits and expenses produces a moderate for the trader, and the standard of profits and expenses thus arrived at they must prescribe in writing; and this they must insist on—the market-stewards, the city-stewards, and the rural stewards, each in their own sphere. So possibly, by this means, retail trade would be of benefit to all classes, and would do but little damage to those in the States who practise it. Touching agreements, whenever a man undertakes and fails to fulfil his agreement—unless it be such as is forbidden by the laws or by a decree, or one made under forcible and unjust compulsion, or when the man is involuntarily prevented from fulfilling it owing to some unforeseen accident,—in all other cases of unfulfilled agreements, actions may be brought before the tribal courts, if the parties are unable to come to a previous settlement before arbitrators or neighbors. Sacred to Hephaestus and Athena is the class of craftsmen who have furnished our life with the arts, and to Ares and Athena belong those who safeguard the products of these craftsmen by other defensive arts; rightly is this class also sacred to these deities. These all continually serve both the country and the people: the one class are leaders in the contests of war, the others produce for pay instruments and works;

Ath. and it would be unseemly for these men to lie concerning their crafts, because of their reverence for their ancestors. If any craftsman fail to execute his work within the time named, owing to baseness—he not revering the god who gives him his livelihood, but deeming him (in his blindness of mind) to be merciful because of his kinship,—he shall, in the first place, pay a penalty to the god, and, secondly, there shall be a law enacted to suit his case:—He shall owe the price of the works regarding which he has lied to the person who gave him the order, and within the stated time he shall execute them all over again gratis. And as it counselled the seller, so the law counsels the contractor who undertakes a work not to give in too high an estimate for it, but to estimate it simply at its real worth; this same charge the law gives, I say, to the contractor, for he as a craftsman certainly knows what its worth is. In States composed of gentlemen it is wrong for a craftsman to try by his art (which is essentially truthful and sincere) to impose artfully upon lay persons; and in such cases the wronged shall be entitled to prosecute the wrongdoer. If, on the other hand, a man who has given an order to a craftsman fails to pay him his wage duly according to the legal agreement, and sets at naught Zeus, the Patron of the State, and Athena, who are partners in the constitution,—thereby dissolving great partnerships through love of a little gain,—then, with the help of the gods, this law shall lend aid to the bonds that unite the State:—Whosoever has previously received the work ordered and fails to pay the price within the period agreed shall be bound to pay double the price; and if a year have elapsed, although all other monies on loan are barren,[*]( i.e. bear no interest. Cp. Plat. Laws c; Plat. Rep. a; Aristot. Pol. 1258b 5 ff.) this man shall pay as interest one obol on each drachma for every month[*]( As a drachma = 6 obols, the interest would amount to 200 p.c. per annum.) of arrears; and actions for these cases shall take place before the tribal courts. And now that we have made mention of craftsmen in general, it is right to allude in passing to those whose craft is military security, that is to say, military commanders and all experts in such matters. As to the former craftsmen, so to these men, as craftsmen of another sort,—whenever any of them, either voluntarily or under orders, undertakes any public work and executes it well,—whosoever shall duly pay to these men those honors which are the soldier’s wages, him the law will never weary of lauding;

Ath. but if he has previously received some noble work of a military kind and fails to pay for it, the law will blame him. So, touching this matter, let there be laid down this law, coupled with laudation,—a law which counsels rather than compels the mass of citizens to honor as second in merit those brave men who, either by bold deeds or by military devices, are protectors of the State; for first in merit come those on whom the greatest reward must be bestowed—namely, those who have proved themselves able pre-eminently to honor the written code of the good lawgivers.[*]( Cp. Plat. Laws 919d, Plat. Laws 919e.) We have now made regulations for most of the more important business dealings between man and man, excepting those regarding orphans and the care of orphans by their guardians; so, after those now dealt with, these matters must necessarily receive some kind of regulation. All these have their starting-points either in the desire of those at the point of death to devise their property, or in the accidental cases of those who die without making a testament; and it was in view of the complex and difficult nature of these cases, Clinias, that I made use of the word necessarily. And it is, indeed, impossible to leave them without regulation; for individuals might set down many wishes both at variance with one another and contrary to the laws as well as to the dispositions of the living, and also to their own former dispositions in the days before they proposed making a will, if any will that a man makes were to be granted absolute and unconditional validity, no matter what his state of mind at the end of his life. For most of us are more or less in a dull and enfeebled state of mind, when we imagine that we are nearly at the point of death.

Clin. What do you mean by this, Stranger?

Ath. A man at the point of death, Clinias, is a difficult subject, and overflowing with speech that is most alarming and vexatious to a lawgiver.

Clin. How so?

Ath. Since he claims to be lord of all he has, he is wont to speak angrily.

Clin. What will he say?

Ath.Good heavens! he cries, what a monstrous shame it is, if I am not to be allowed at all to give, or not give, my own things to whomsoever I will—and more to one, less to another, according as they have proved themselves good to me or bad, when fully tested in times of sickness, or else in old age and in other happenings of every kind.

Clin. And do you not think, Stranger, that what they say is right?

Ath. What I think, Clinias, is this—that the old lawgivers were cowardly, and gave laws with a short view and a slight consideration of human affairs.

Clin. How do you mean?

Ath. It was through fear, my dear sir, of that angry speech that they made the law allowing a man unconditionally to dispose by will of his goods exactly how he pleases. But you and I will make a more suitable answer to those in your State who are at the point of death.

Clin. In what way?

Ath. O friends, we will say, for you, who are literally but creatures of a day, it is hard at present to know your own possessions and, as the Pythian oracle declares,[*]( Alluding to the dictum Know thyself; cp. Plat. Prot. 343b ff) your own selves, to boot. So I, as lawgiver, make this ruling—that both yourself and this your property are not your own, but belong to the whole of your race, both past and future, and that still more truly does all your race and its property belong to the State; and this being so, I will not willingly consent if anyone persuades you to make a will contrary to what is best, by fawning on you and helping you when afflicted by disease or age; rather will I legislate with a general view to what is best for your whole race and State, justly accounting of minor importance the interest of the individual. May it be that you will feel kindly disposed and at peace with us as you journey towards that bourne whither, by the natural law of our human life, you now are traveling: the rest of your affairs shall be our care, and we will watch over them all, without exception, to the best of our power. This shall serve, Clinias, alike for consolation and for prelude for both the living and the dying, and the law shall run as follows:— Whosoever writes a will disposing of his property, if he be the father of children, he shall first write down the name of whichever of his sons he deems worthy to be his heir, and if he offers any one of his other children to another man to be adopted by him, this also he shall write down; and if he has any son besides that is not adopted for any lot,[*]( i.e. one of the 5040 allotments, cp. Plat. Laws 737c.) of whom he has hopes that he will be sent out by law to a colony, to him the father shall be allowed to give so much of his other property as he wishes, saving only the ancestral lot and all the equipment of that lot; and if there be several more sons, the father shall divide among them the surplus, over and above the lot, in whatever way he chooses. And if a son already possesses a house, he shall not assign him goods, and so likewise in the case of a daughter, if she is betrothed to a husband, he shall not assign goods, but if not so betrothed, he shall assign. And if, after the will is made, it is discovered that one of the sons or daughters owns a lot in the district, then that person shall resign his legacy in favor of the heir of him that made the will. If the testator leave no male children, but females, he shall bequeath to whichever daughter he chooses a husband, and to himself a son, and write him down as his heir;[*]( i.e. he shall select a citizen to become his heir by marrying one of his daughters.)

Ath. and if a man has a son, whether his own or adopted, who dies in childhood before reaching man’s estate, in this case also, when making his will, he shall state in writing who is to be his son’s successor, and with happier luck. If any testator be wholly childless, he shall take out a tenth part of his surplus property and shall give it to any person, if he so chooses; but all the rest he shall hand over to his adopted heir, and him he shall make his son with mutual good-will and the blessing of the law. When a man’s children need guardians, if he die after making a will and naming what persons and how many he desires to act as guardians to his children, and if they are willing and consent act, then the choice of guardians in this document shall be final; but if a man dies either wholly intestate or having omitted from his will the choice of guardians, then the nearest of kin on both the father’s and the mother’s side, two from each side, together with one of the friends of the deceased, shall act as official guardians, and these the Law-wardens shall appoint in the case of each orphan that requires them. All that appertains to guardianship and the orphans shall be supervised by fifteen of the Law-wardens, who shall be the eldest of the whole body, and shall divide themselves into threes according to seniority, three acting one year and another three a second year, until five yearly periods have passed in rotation; and this process shall go on, so far as possible, without a break. And if any man die wholly intestate, leaving children that require guardianship, his unfriended children shall share in these same laws. And if a man meets with some unforeseen mischance and leaves daughters, he shall pardon the lawgiver if he regulates the betrothal of the daughters with an eye to two points out of three—namely, nearness of kinship and the security of the lot—and omits the third point, which a father would take into consideration,—namely, the selecting out of all the citizens of a person suited by character and conduct to be a son to himself and a spouse for daughter,—if, I say, the lawgiver passes this over owing to the impossibility of taking it into consideration. Accordingly, the law that we shall enact, as the best in our power touching such matters, will be this:—If a man dies intestate and leaves daughters, that brother who is born of the same father or of the same mother and who is without a lot shall take the daughter[*]( i.e. in marriage: the lot is to pass on always to the next of kin, cf. Plat. Laws 925d, Plat. Laws 925e.) and the lot of the deceased; failing a brother, if there be a brother’s son, the procedure shall be the same, provided that the parties be of an age suited the one to the other; failing one of these, the same rule shall hold for a sister’s son; then, fourthly, for a father’s brother; and, fifthly, for his son; and, sixthly, for the son of a father’s sister.

Ath. In like manner, if a man leaves female children, the right of kinship shall proceed always by degrees of consanguinity, going up through brothers and brother’s children, first the males, and secondly the females in one line. The suitability or otherwise of the time of marriage the judge shall decide by inspection, viewing the males naked and the females naked down to the navel. And if there be in the family a lack of kinsmen as far as brother’s grandchildren, and likewise as far as grandfather’s children, whomsoever of the other citizens the girl, aided by her guardians, shall choose, that man (if both he and the girl are willing) shall become the heir of the deceased and the spouse of his daughter. But obstacles often occur, and there might be times when there was an unusual dearth of such men in the city itself: so if any girl, being at a loss to find a spouse on the spot, sees one that has emigrated to a colony and desires that he should become heir to her father’s property, if so be that he is related, he shall proceed to the lot, according to the ordinance of the law; but if he be outside the kin, and there be no one of near kin in the State, then by the choice of the guardians and of the daughter of the deceased he shall be entitled to marry and to take the lot of the intestate man on his return home. Whosoever dies intestate, being without any issue, male or female, in his case all other matters shall be governed by the previous law; and a man and woman from the family shall in each such instance go into the deserted house as joint assignees, and their claim to the lot shall be made valid; and the female claims to inheritance shall come in this order—first, a sister; second, a brother’s daughter; third, a sister’s daughter; fourth, a father’s sister; fifth, a father’s brother’s daughter; sixth, a father’s sister’s daughter; and these shall share the home with the male kinsmen according to the degree of relationship and right, as we previously enacted. Now we must not fail to notice how burdensome such a law may prove, in that sometimes it harshly orders the next of kin to the deceased to marry his kinswoman, and that it appears to overlook the thousands of impediments which in human life prevent men from being willing to obey such orders and cause them to prefer any other alternative, however painful, in cases where either of the parties ordered to marry is suffering from diseases or defects of mind or body. Some might suppose that the lawgiver is paying no heed to these considerations, but they would be wrong.