Laws

Clin. What law do you recommend them to make if that which is now proposed slips out of their grasp?

Ath. Evidently that law which comes next to it as second.

Clin. What is that?

Ath. One ought to put the force of pleasures as far as possible out of gear, by diverting its increase and nutriment to another part of the body by means of exercise. This would come about if indulgence in sexual intercourse were devoid of shamelessness; for if, owing to shame, people indulged in it but seldom, in consequence of this rare indulgence they would find it a less tyrannical mistress. Let them, therefore, regard privacy in such actions as honorable—sanctioned both by custom and by unwritten law; and want of privacy—yet not the entire avoidance of such actions—as dishonorable. Thus we shall have a second standard of what is honorable and shameful established by law and possessing a second degree of rectitude; and those people of depraved character, whom we describe as self-inferior,[*](Cp. Plat. Laws 626e.) and who form a single kind, shall be hemmed in by three kinds of force and compelled to refrain from law-breaking.

Clin. What kinds?

Ath. That of godly fear, and that of love of honor, and that which is desirous of fair forms of soul, not fair bodies. The things I now mention are, perhaps, like the visionary ideals in a story; yet in very truth, if only they were realized, they would prove a great blessing in every State. Possibly, should God so grant, we might forcibly effect one of two things in this matter of sex-relations,—either that no one should venture to touch any of the noble and freeborn save his own wedded wife, nor sow any unholy and bastard seed in fornication, nor any unnatural and barren seed in sodomy,—or else we should entirely abolish love for males, and in regard to that for women, if we enact a law that any man who has intercourse with any women save those who have been brought to his house under the sanction of Heaven and holy marriage, whether purchased or otherwise acquired, if detected in such intercourse by any man or woman, shall be disqualified from any civic commendation, as being really an alien,— probably such a law would be approved as right.

Ath. So let this law—whether we ought to call it one law or two—be laid down concerning sexual commerce and love affairs in general, as regards right and wrong conduct in our mutual intercourse due to these desires.

Meg. For my own part, Stranger, I should warmly welcome this law; but Clinias must tell us himself what his view is on the matter.

Clin. I shall do so, Megillus, when I deem the occasion suitable; but for the present let us allow the Stranger to proceed still further with his laws.

Meg. You are right.

Ath. Well, now we have arrived at this point in our progress, that common meals have been established—a thing which elsewhere, as we say, would be difficult, but in Crete no one would question its correctness. As concerns the manner of them,—whether we should adopt the Cretan fashion, or the Lacedaemonian, or whether we can find a third fashion that is better than either,—this does not seem to me a difficult problem to decide, nor indeed would its decision prove of much benefit, since these meals are now actually established in a satisfactory way. Next to this comes the question of organizing the food-supply, and how to make this fit in with the meals. In other States this supply would include all kinds of food and come from many sources, certainly from twice as many sources as it will in our State; for most of the Greeks arrange for their food to be derived from both land and sea, but our people will derive it only from the land. This makes the lawgiver’s task easier; for in this case half the number of laws, or less, will suffice, and the laws, too, will be better fitted for free men. For the lawgiver of our State is rid, for the most part, of shipping and merchandise and peddling and inn-keeping and customs and mines and loans and usury, and countless matters of a like kind; he can say good-bye to all such, and legislate for farmers and shepherds and bee-keepers, and concerning the preservation and supervision of the instruments employed in these occupations. This he will do, now that he has already enacted the most important laws, which deal with marriage, and with the birth and nurture and education of the children, and with the appointment of magistrates in the State. For the present he must turn, in his legislating, to the subject of food and of those whose labors contribute to its supply. First, then, let there be a code of laws termed agricultural.

Ath. The first law—that of Zeus the Boundary-god—shall be stated thus: No man shall move boundary-marks of land, whether they be those of a neighbor who is a native citizen or those of a foreigner (in case he holds adjoining land on a frontier), realizing that to do this is truly to be guilty of moving the sacrosanct[*](For the proverbial saying μὴ κινεῖν τἀκίνητα (like Hands off! or Let sleeping dogs lie), cp. Plat. Laws 684e, Plat. Laws 913b.); sooner let a man try to move the largest rock which is not a boundary-mark than a small stone which forms a boundary, sanctioned by Heaven, between friendly and hostile ground. For of the one kind Zeus the Clansmen’s god is witness, of the other Zeus the Strangers’ god; which gods, when aroused, bring wars most deadly. He that obeys the law shall not suffer the evils which it inflicts; but whoso despises it shall be liable to a double penalty, the first from the hand of Heaven, the second from the law. No one shall voluntarily move the boundary-marks of the land of neighbors: if any man shall move them, whosoever wishes shall report him to the land-holders, and they shall bring him to the law court. And if a man be convicted,—since by such an act the convicted man is secretly and violently merging lands in one,—the court shall estimate what the loser must suffer or pay. Further, many small wrongs are done against neighbors which, owing to their frequent repetition, engender an immense amount of enmity, and make of neighborhood a grievous and bitter thing. Wherefore every neighbor must guard most carefully against doing any unfriendly act to his neighbor, and must above all things take special care always not to encroach in the least degree on his land; for whereas it is an easy thing and open to anyone to do an injury, to do a benefit is by no means open to everyone. Whosoever encroaches on his neighbor’s ground, overstepping the boundaries, shall pay for the damage; and, by way of cure for his shamelessness and incivility, he shall also pay out to the injured party twice the cost of the damage. In all such matters the land-stewards shall act as inspectors, judges and valuers,—the whole staff of the district, as we have said above,[*](Plat. Laws 760a. The phrourarchs were the (5) officers of the (60) country police.) in respect of the more important cases, and, in respect of the less important, those of them who are phrourarchs. If anyone encroaches on pasture-land, these officials shall inspect the damage, and decide and assess it. And if any, yielding to his taste for bees, secures for himself another man’s swarm by attracting them with the rattling of pans, he shall pay for the damage. And if a man, in burning his own stuff, fails to have a care for that of his neighbor, he shall be fined in a fine fixed by the officials.

Ath. So too if a man, when planting trees, fail to leave the due space between them and his neighbor’s plot: this has been adequately stated by many lawgivers, whose laws we should make use of, instead of requiring the Chief Organizer of the State to legislate about all the numerous small details which are within the competence of any chance lawgiver. Thus, regarding water-supplies also, there are excellent old laws laid down for farmers, which we, in our exposition, need not draw upon. Let this suffice:—he that desires to bring water to his own land may do so, commencing at the public cisterns, but he must not undercut the exposed wells of any private person: he may lead it by whatever way he wishes, except through a house, temple or tomb, and he must do no damage beyond the actual work of channelling. If, in any spot, the rain-water filters through owing to the natural dryness of the soil, and there is a scarcity of necessary moisture, then the owner shall dig in his own ground down to the chalk subsoil, and if he fails to find water at this depth, he shall procure from his neighbors just so much as he requires for drinking purposes for all his household; and if his neighbors also are stinted in their supplies, he shall apply for a ration of water from the land-stewards, and fetch it day by day, and so share the water with his neighbors. And if, when rain comes, any dweller on lower ground damages the farmer above him, or the adjoining dweller, by preventing its outflow,—or if, conversely, the man on higher ground damages the man below by letting out the floods carelessly,—and if, in consequence, they refuse to accommodate one another in this matter, any person who wishes shall call in a city-steward, if it is in the city, or a land-steward, if in the country, and get an order as to what each party is to do; and the man who does not abide by the order shall be liable to be charged with envy and frowardness, and if convicted he shall pay to the injured party double the damage, for refusing to obey the magistrates. As concerns the fruit-harvest, the rule of sharing for all shall be this—this goddess has bestowed on us two gifts, one the plaything of Dionysus which goes unstored, the other produced by nature for putting in store.[*](i.e. (1) choice (or dessert) fruit, for immediate use, and (2) coarse fruit, of poorer quality, for storing in bulk or making into wine.) So let this law be enacted concerning the fruit-harvest:—whosoever shall taste of the coarse crop of grapes or figs before the season of vintage, which coincides with the rising of Arcturus, whether it be on his own land or on that of others, shall owe fifty sacred drachmae to Dionysus if he has cut them from his own trees, if from his neighbor’s trees, a mina, and if from others, two-thirds of a mina.

Ath. And if any man wishes to harvest choice grapes or choice figs (as they are now called), he shall gather them how and when he will if they are from his own trees, but if they are from another man’s, and without his consent, he shall be fined every time, in pursuance of the law,[*](Cp. Plat. Laws 913c, Plat. Laws 913d.)

thou shalt not shift what thou hast not set.

Ath.Touching the bringing home of all crops, whoso wills shall be permitted to fetch his own stuff through any place, provided that either he does no damage or else gains himself three times as much profit as the damage he costs his neighbor; the authority in this matter shall rest with the magistrates, as in all other cases where a man willingly injures an unwilling party either by force or secretly—whether it be the party himself he injures or some of his chattels, by means of his own chattels; in all such cases the plaintiff must report to the magistrates to get redress, where the damage is under three minas; but if a man makes a larger claim than this against another, he shall bring a suit before the public courts and punish the injurer. If any of the magistrates be thought to have given an unjust verdict in deciding the penalties, he shall be liable to pay to the injured party double the amount; and whoso wishes shall bring up the wrong-doings of the magistrates before the public courts in the case of each complaint. And since there are countless petty cases for which penalties must be laid down, concerning written complaints and citations and evidence of citation,—whether the citation requires two or more witnesses,—and all matters of the like kind,—these cases cannot be left without legal regulation, but at the same time they do not deserve the attention of an aged lawgiver; so the young lawgivers shall make laws for these cases, modelling their small rules on the great ones of our earlier enactments, and learning by experience how far they are necessary in practice, until it be decided that they are all adequately laid down; and then, having permanently fixed them, they shall live in the practice of them, now that they are set out in due form. Moreover, for craftsmen we ought to make regulations in this wise. First, no resident citizen shall be numbered among those who engage in technical crafts, nor any servant of a resident. For a citizen possesses a sufficient craft, and one that needs long practice and many studies, in the keeping and conserving of the public system of the State, a task which demands his full attention: and there hardly exists a human being with sufficient capacity to carry on two pursuits or two crafts thoroughly, nor yet to practice one himself and supervise another in practicing a second.

Ath. So we must first of all lay down this as a fundamental rule in the State: no man who is a smith shall act as a joiner, nor shall a joiner supervise others at smith-work, instead of his own craft, under the pretext that, in thus supervising many servants working for him, he naturally supervises them more carefully because he gains more profit from that source than from his own craft; but each several craftsman in the State shall have one single craft,[*](Cp. Plat. Rep. 369e ff., Plat. Rep. 434a.) and gain from it his living. This law the city-stewards shall labor to guard, and they shall punish the resident citizen, if he turn aside to any craft rather than to the pursuit of virtue, with reproofs and degradation, until they restore him to his own proper course; and if a foreigner pursue two crafts, they shall punish him by imprisonment, money-fines, and expulsion from the State, and so compel him to act as one man and not many. And as regards wages due to craftsmen, and the cancelings of work ordered, and any injustices done to them by another, or to another by them, the city-stewards shall act as arbitrators up to a value of fifty drachmae, and in respect of larger sums the public courts shall adjudicate as the law directs. No toll shall be paid in the State by anyone either on exported goods or on imports. Frankincense and all such foreign spices for use in religious rites, and purple and all dyes not produced in the country, and all pertaining to any other craft requiring foreign imported materials for a use that is not necessary, no one shall import; nor, on the other hand, shall he export any of the stuff which should of necessity remain in the country: and of all such matters the inspectors and supervisors shall consist of those twelve Law-wardens who remain next in order when five of the oldest are left out. In regard to arms and all instruments of war, if there is need to import any craft or plant or metal or rope or animal for military purposes, the hipparchs and generals shall have control of both imports and exports, when the State both gives and takes, and the Law-wardens shall enact suitable and adequate laws therefor; but no trading for the sake of gain, either in this matter or in any other, shall be carried on anywhere within the boundaries of our State and country. Touching food-supply and the distribution of agricultural produce, a system approaching that legalized in Crete would probably prove satisfactory. The whole produce of the soil must be divided by all into twelve parts, according to the method of its consumption.

Ath. And each twelfth part—of wheat and barley, for instance (and all the rest of the crops must be distributed in the same way as these, as well as all marketable animals in each district)—must be divided proportionately into three shares, of which the first shall be for the freeborn citizens, and the second for their servants; the third share shall be for craftsmen and foreigners generally, including any resident aliens who may be dwelling together and in need of necessary sustenance, and all who have come into the country at any time to transact either public or private business; and this third share of all the necessaries shall be the only one liable to compulsory sale,[*](For sales to foreigners, see below Plat. Laws 849a.: they had to buy their share of food-stuff, but the other two shares were not to be forced on to the market.) it being forbidden to sell any portion of the other two shares compulsorily. What, then, will be the best way of making these divisions? It is plain, to begin with, that our division is in one way equal, in another, unequal.

Clin. How do you mean?

Ath. Of each of these products of the soil, necessarily some parts are worse and some better.

Clin. Of course.

Ath. In respect of this, no one of the three shares shall have an undue advantage,—neither that given to the masters, nor that of the slaves, nor that of the foreigners,—but the distribution shall assign to all the same equality of similarity. Each citizen shall take two shares and have control of the distribution of them to slaves and free men respectively, in the quantity and of the quality he desires to distribute. The surplus over and above this must be distributed by weight and number as follows,—the owner must take the number of all the animals that have to be fed on the produce of the soil, and make his distribution accordingly. In the next place, there must be dwellings for the citizens separately arranged. A suitable arrangement for them will be this. There should be twelve villages, one in the middle of each of the twelve districts; and in each village we shall first select temples and a market-place for the gods and demigods; and if there exist any local deities of the Magnetes[*](The original inhabitants of the site of Clinias’s new colony (cp. Plat. Laws 702b, Plat. Laws 860e): they subsequently migrated to Magnesia in Asia Minor.) or any shrines of other ancient gods whose memory is still preserved, we shall pay to them the same worship as did the men of old; and everywhere we shall erect temples to Hestia and Zeus and Athena, and whatever other deity is the patron of the district concerned. First, buildings shall be erected round about these temples, and wherever the ground is highest, to form a stronghold, as well fenced as possible, for the garrison; and all the rest of the land we shall provide for by dividing the craftsmen into thirteen sections, of which one shall settle in the city (and this section shall be subdivided again into twelve parts, like the whole city itself, and distributed round about it in the suburbs); and in each village we shall settle the classes of craftsmen that are serviceable to farmers. Of all these the chiefs of the land-stewards shall be the supervisors, determining how many and what craftsmen each place requires, and where they shall dwell so as to be of least trouble and greatest use to the farmers.

Ath. And in like manner the board of city stewards shall diligently supervise the craftsmen in the city. All matters concerning the markets must be managed by the market-stewards. In addition to supervising the temples adjoining the market, to prevent any damage being done to them, they shall, secondly, supervise personal conduct, keeping an eye on temperate and outrageous behavior, so as to punish him who needs punishment. They shall watch over commodities put up for sale, to see that the sales which citizens are directed to make to foreigners are always legally conducted. There shall be this one law—that on the first day of the month the portion of the goods which is to be sold to foreigners shall be brought out by the managers—that is, the foreigners or slaves who act as managers for the citizens; and the first commodity shall be the twelfth share of corn, and the foreigner shall buy corn, and all that goes with it, at this first market. On the tenth day of the month, fluids sufficient to last through the month shall be sold by the one party and bought by the other. Thirdly, on the twentieth day, there shall be a sale of live-stock, as much as each party can buy or sell to suit their requirements, and also of all utensils or goods which the farmers have for sale, such as skins or any kind of clothing or woven stuff or felt or any such material; and these the foreigners must obtain from others by purchase. But neither these goods, nor barley or wheat ground into flour, nor any other kind of foodstuff whatsoever, may be sold by way of retail trade to the citizens or their slaves, or bought from any such retailer (but to the craftsmen and their slaves in the foreigners’ market a foreigner may sell and traffic in wine and corn by way of what is generally termed retail trade); and the butchers shall cut up the animals and distribute the meat to the foreigners and craftsmen and their servants. Any foreigner who wishes shall buy any kind of fuel in bulk, on any day, from the managers in the districts; and he shall sell it to the foreigners in what quantity and at what time he pleases. As to all other goods and utensils that each party requires, they shall be brought for sale to the public market, each kind to its appointed place, wherever the Law-wardens and market-stewards, with the help of the city-stewards, have marked out suitable sites and set up the stalls for market-stuff: there they shall exchange coins for goods and goods for coins, and no man shall give up his share to the other without receiving its equivalent;

Ath. and if any does thus give it up, as it were on credit, he shall make the best of his bargain,[*](Cp. Plat. Laws 742c, Plat. Laws 915e.) whether or not he recovers what is due to him, since in such transactions he can no longer sue. And if the purchase or sale is greater or more costly than is allowed by the law stating the limits of increase or decrease of property beyond which both of these transactions are forbidden, the amount of difference must at once (in the case of excess) be registered with the Law-wardens, and (in the case of deficiency) be cancelled. The same rule shall hold good regarding the registration of property in the case of resident aliens. Whosoever wishes shall enter on residence as an alien on fixed terms, since residence is permitted to a foreigner who is willing and able to reside, provided that he has a craft and remains in the country not more than twenty years from the date of his registration, without the payment of even a small aliens’ tax, except virtuous conduct, or indeed any other tax for any buying or selling; and when his time has expired, he shall depart, taking with him his own property. And if within the period of twenty years it should happen that he has proved his merit by doing some signal service to the State, and if he believes that he can persuade the Council and Assembly to grant his request and authorize a postponement of his departure, or even an extension of his residence for life, whatever request he thus succeeds in persuading the State to grant to him shall be carried out for him in full. For the children of resident aliens, who are craftsmen and over fifteen years of age, the period of residence shall commence from the fifteenth year, and such an one, after remaining for twenty years from that date, shall depart whither he pleases, or if he desires to remain, he shall gain permission in like manner, and so remain; and he that departs shall go after first cancelling the entries which were previously made by him in the register at the magistrates’ office.