Laws

Ath. Opportune, indeed, as I think, was the account we previously gave[*](Plat. Laws 865e.) of how the souls of the dead have a certain power of caring for human affairs after death. The tales which contain this doctrine are true, though long; and while it is right to believe the other traditions about such matters, which are so numerous and exceeding old, we must so believe those who lay it down by law that these are facts, unless it is plain that they are utter fools. So if this is really the state of the case, the guardians shall fear, first, the gods above who pay regard to the solitude of orphans; and, secondly, the souls of the dead, whose natural instinct it is to care especially for their own offspring, and to be kindly disposed those who respect them and hostile to those who disrespect them; and, thirdly, they shall fear the souls of the living who are old and who are held in most high esteem; since where the State flourishes under good laws, their children’s children revere the aged with affection and live in happiness. These old people are keen of eye and keen of ear to mark such matters, and while they are gracious towards those who deal justly therein, they are very wroth with those who despitefully entreat orphans and waifs, regarding these as a trust most solemn and sacred. To all these authorities the guardian and official—if he has a spark of sense—must pay attention; he must show as much care regarding the nurture and training of the orphans as if he were contributing to his own support and that of his own children, and he must do them good in every way to the utmost of his power. He, then, that obeys the tale prefixed to the law and in no wise misuses the orphan will have no direct experience of the anger of the lawgiver against such offences; but the disobedient and he that wrongs any who has lost father or mother shall in every case pay a penalty double of that due from the man who offends against a child with both parents living. As regards further legal directions either to guardians concerning orphans or to magistrates concerning the supervision of the guardians,—if they did not already possess a pattern of the way to nurture free children in the way they themselves nurture their own children and supervise their household goods, and if they did not also possess laws regulating these same affairs in detail, then it would have been reasonable enough to lay down laws concerning guardianship, as a peculiar and distinct branch of law, marking out with special regulations of its own the life of the orphan as contrasted with the non-orphan; but, as the matter stands, the condition of orphanhood in all these respects does not differ greatly with us from the condition of parental control, although as a rule in respect of public estimation and of the care bestowed on the children they are on quite a different level.

Ath. Consequently, in its regulations concerning orphans the law has emphasized this very point both by admonition and by threat. A threat, moreover, of the following kind will be extremely opportune:—Whosoever is guardian of a male or female child, and whosoever of the Law-wardens is appointed supervisor of a guardian, shall show as much affection for the child whom Fate has made an orphan as for his own children, and he shall zealously care for the goods of his nursling as much as for his own goods—or rather, more. Every guardian shall observe this one law in the discharge of his office; and if any act in such matters contrary to this law, the magistrate shall punish him if he be a guardian, and, if he be a magistrate, the guardian shall summon him before the court of the select judges, and fine him double the penalty adjudged by the court. And if a guardian be held by the child’s relatives, or by any other citizen, to be guilty of neglecting or maltreating his ward, they shall bring him before the same court, and he shall pay four times the damages assessed, and of this amount one half shall go to the child, the other half to the successful prosecutor. When an orphan has reached full age, if he thinks that he has been badly cared for, he shall be allowed to bring an action concerning the guardianship within a period of five years after the date of its expiration; and if the guardian lose his case, the court shall assess the amount of his penalty or fine; and if it be a magistrate that is held to have injured the orphan by neglect, the court shall assess what sum he shall pay to the child, but if the injury be due to unjust dealing, in addition to the fine he shall be removed from his office of Law-warden, and the public authority of the State shall appoint another in his place to act as Law-warden for the country and the State. Between fathers and their children, and children and their fathers, there arise differences greater than is right, in the course of which fathers, on the one hand, are liable to suppose that the lawgiver should give them legal permission to proclaim publicly by herald, if they so wish, that their sons have legally ceased to be their sons; while the sons, on the other hand, claim permission to indict their fathers for insanity when they are in a shameful condition owing to illness or old age. These results are wont to occur among men who are wholly evil of character, since where only half of them are evil—the son being evil and the father not, or vice versa—such enmity does not issue in calamitous consequences.

Ath. Now, whereas under another polity a son when disinherited would not necessarily cease to be a citizen, it is necessary in our State (of which these are to be the laws) that the fatherless man should emigrate to another State, since it is impossible that a single household should be added to our 5040; consequently it is necessary that the person upon whom this punishment is to be inflicted legally should be disinherited, not by his father only, but by the whole family. Such cases should be dealt with according to a law such as this:—If any man is urged by a most unhappy impulse of anger to desire, rightly or wrongly, to expel from his own kindred one whom he has begotten and reared, he shall not be permitted to do this informally and immediately, but he shall, first of all, assemble his own kinsfolk as far as cousins and likewise his son’s kinsfolk on the mother’s side, and in the presence of these he shall accuse his son, showing how he deserves at the hands of all to be expelled from the family, and he shall grant to the son an equal length of time for arguing that he does not deserve to suffer any such treatment; and if the father convinces them and gains the votes of more than half the family (votes being given by all the other adults of both sexes, save only the father, the mother, and the son who is defendant), in this way and on these conditions, but not otherwise, the father shall be permitted to disinherit his son. And as regards the man disinherited, if any citizen desires to adopt him as his son, no law shall prevent him from doing so, (for the characters of the young naturally undergo many changes during their life); but if within ten years no one offers to adopt the disinherited man, then the controllers of the surplus children designed for emigration shall take control of these persons also, in order that they may be duly included in the same scheme of emigration. And if a man becomes unusually demented owing to illness or old age or crabbedness, or a combination of these complaints, but his condition remains unnoticed by all except those who are living with him, and if he regards himself as master of his own property and wastes his goods, while his son feels at a loss and scruples to indict him for insanity,—in such a case a law shall be enacted on behalf of the son whereby he shall, in the first instance, go to the eldest of the Law-wardens and report to them his father’s condition, and they, after full enquiry, shall advise whether or not he ought to bring an indictment; and if they advise him to bring an indictment, they shall act for him, when he brings it, both as witnesses and advocates; and the father that is convicted shall thenceforward have no power to administer even the smallest tittle of his property, and shall be counted as a child in the house for the rest of his life.

Ath.If a man and his wife, being of unhappy dispositions, in no wise agree together, it is right that they should be under the constant control of ten members of the Board of Law-wardens, of middle age, together with ten of the women in charge of marriage.[*]( Cp. Plat. Laws 784a., Plat. Laws 794b.) If these officials are able to bring about a reconciliation, this arrangement shall hold good; but if their passions rage too high for harmony, the officials shall, so far as possible, seek out other suitable unions for each of them. And since it is probable that such persons are not of a gentle disposition, they must endeavor to yoke with them dispositions that are more gentle and sedate[*]( Cp. Plat. Laws 773c.). If those who quarrel are childless, or have but few children, they must form unions with a view to children; but if they have children enough, then the object both of the separation and of the new union should be to obtain companionship and mutual assistance in old age. If a man’s wife dies, leaving both male and female children, there shall be a law, advisory rather than compulsory, directing the husband to rear the children without introducing a step-mother; but if there be no children, the widower must of necessity marry, until he has begotten children sufficient alike for his household and the State. And if the husband dies, leaving sufficient children, the mother of the children shall remain there and rear them; but if it be deemed that she is unduly young to be able to live healthfully without a husband, the relatives shall report the case to the women in charge of marriage, and shall take such action as may seem good to them and to themselves; and if there be a lack of children, they shall also act with a view to the supply of children; and the number which constitutes a bare sufficiency of children shall be fixed by the law at one of each sex. Whenever, in spite of agreement as to who a child’s parents are, a decision is required as to which parent the child should follow, the rule is this[*]( The object of this rule dealing with irregular connections between free citizens and slaves is to prevent any of slave descent acquiring rights of property in the State.): in all cases where a slave-woman has been mated with a slave or with a free man or a freedman, the child shall belong to the slave-woman’s master; but if a free woman mates with a slave, the issue shall belong to the slave’s master; and if the child be a master’s by his own slave-woman, or a mistress’s by her own slave, and the facts of the case are quite clear, then the women officials shall send away the woman’s child, together with its father, to another country, and the Law-wardens shall send away the man’s child, together with its mother. Neglect of parents is a thing that no god nor any right-minded man would ever recommend to anyone; and one ought to recognize how fitly a prelude of the following kind, dealing with worship paid to the gods, would apply to the honors and dishonors paid to parents:—

Ath. The ancient laws of all men concerning the gods are two-fold: some of the gods whom we honor we see clearly[*]( i.e. the stars; cp. Plat. Laws 821b.), but of others we set up statues as images, and we believe that when we worship these, lifeless though they be, the living gods beyond feel great good-will towards us and gratitude. So if any man has a father or a mother, or one of their fathers or mothers, in his house laid up bed-ridden with age, let him never suppose that, while he has such a figure as this upon his hearth, any statue could be more potent, if so be that its owner tends it duly and rightly.

Clin. And what do you say is the right way?

Ath. I will tell you: for in truth, my friends, matters of this sort deserve a hearing.

Clin. Say on.

Ath. Oedipus, when he was dishonored (so our story runs), invoked upon his children curses[*]( Cp. Aesch. Seven 709 ff.; Soph. OC 1432 ff.) which, as all men allege, were granted by Heaven and fulfilled; and we tell how Amyntor in his wrath cursed his son Phoenix,[*]( Cp. Hom. Il. 9.446 ff.: Phoenix, to avenge his neglected mother, seduced his father’s mistress.) and Theseus cursed Hippolytus,[*]( Cp. Plat. Laws 687e, Eur. Hipp. 884 ff. : Hippolytus was falsely charged with dishonoring his step-mother, Phaedra.) and countless other parents cursed countless other sons, which curses of parents upon sons it is clearly proved that the gods grant; for a parent’s curse laid upon his children is more potent than any other man’s curse against any other, and most justly so. Let no man suppose, then, that when a father or a mother is dishonored by the children, in that case it is natural for God to hearken especially to their prayers, whereas when the parent is honored and is highly pleased and earnestly prays the gods, in consequence, to bless his children—are we not to suppose that they hearken equally to prayers of this kind, and grant them to us? For if not, they could never be just dispensers of blessings; and that, as we assert, would be most unbecoming in gods.

Clin. Most, indeed.

Ath. Let us maintain, then,—as we said a moment ago—that in the eyes of the gods we can possess no image more worthy of honor, than a father or forefather laid up with old age, or a mother in the same condition; whom when a man worships with gifts of honor, God is well pleased, for otherwise He would not grant their prayers. For the shrine which is an ancestor is marvellous in our eyes, far beyond that which is a lifeless thing; for while those which are alive pray for us when tended by us and pray against us when dishonored, the lifeless images do neither; so that if a man rightly treats his father and forefather and all such ancestors, he will possess images potent above all others to win for him a heaven-blest lot.[*]( Cp. Plat. Laws 931a.)

Clin. Most excellent!

Ath. Every right-minded man fears and respects the prayers of parents, knowing that many times in many cases they have proved effective. And since this is the ordinance of nature, to good men aged forefathers are a heavenly treasure while they live, up to the very last hours of life, and when they depart they are sorely regretted; but to the bad are truly fearsome. Therefore let every man, in obedience to these counsels, honor his own parents with all the due legal honors. If however, report convicts[*]( Alluding to Pindar’s phrase (Ol. 7. 18) ὁ δ’ ὄλβιος ὃν φᾶμαι κατέχοντ’ ἀγαθαί. Cp. Eur. Hipp. 1466.) any of deafness to such preludes, the following law will be enacted rightly to deal with them:—If any person in this State be unduly neglectful of his parents,[*]( Cp. Plat. Laws 717d, Plat. Laws 881d.) and fail to consider them in all things more than his sons or any of his offspring, or even himself, and to fulfil their wishes, let the parent who suffers any such neglect report it, either in person or by a messenger, to the three eldest Law-wardens, and to three of the women in charge of marriage; and these shall take the matter in hand, and shall punish the wrongdoers with stripes and imprisonment if they are still young—up to the age of thirty if they are men, while if they are women they shall suffer similar punishment up to the age of forty. And if, when they have passed these limits of age, they do not desist from the same acts of neglect towards their parents, but in some cases maltreat them, they shall be summoned before a court of 101 citizens, who shall be the oldest citizens all; and if a man be convicted, the court shall assess what his fine or punishment must be, regarding no penalty as excluded which man can suffer or pay. If any parent when maltreated is unable to report the fact, that free man who hears of it shall inform the magistrate, failing which he shall be esteemed base, and shall be liable to an action for damage at the hands of anyone who chooses. If a slave gives information he shall be set free: he shall be set free by the Board of Magistrates if he be a slave of either the injured party or the injurers; but if he belong to any other citizen, the State Treasury shall pay his owner a price for him; and the magistrates shall take care that no one does injury to such a man in revenge for his giving information. We have already[*](Plat. Laws 869e.) dealt fully with cases where one man injures another by poisons so that death is the result; but we have not as yet dealt fully with any of the minor cases in which willful and deliberate injury is caused by means of potions, foods, and unguents. A division in our treatment of poisoning cases is required by the fact that, following the nature of mankind, they are of two distinct types.