Laws

If a man and his wife are of incompatible tempers, ten guardians of the law and ten of the matrons who regulate marriage shall take their case in hand, and reconcile them, if possible. If, however, their swelling souls cannot be pacified, the wife may try and find a new husband, and the husband a new wife; probably they are not very gentle creatures, and should therefore be joined to milder natures. The younger of those who are separated should also select their partners with a view to the procreation of children; while the older should seek a companion for their declining years. If a woman dies, leaving children male or female, the law will advise, but not compel, the widower to abstain from a second marriage; if she leave no children, he shall be compelled to marry. Also a widow, if she is not old enough to live honestly without marriage, shall marry again; and in case she have no children, she should marry for the sake of them. There is sometimes an uncertainty which parent the offspring is to follow: in unions of a female slave with a male slave, or with a freedman or free man, or of a free woman with a male slave, the offspring is to belong to the master; but if the master or mistress be themselves the parent of the child, the slave and the child are to be sent away to another land.

Concerning duty to parents, let the preamble be as follows: – We honour the Gods in their lifeless images, and believe that we thus propitiate them. But he who has an aged father or mother has a living image, which if he cherish it will do him far more good than any statue. 'What do you mean by cherishing them?' I will tell you. Oedipus and Amyntor and Theseus cursed their children, and their curses took effect. This proves that the Gods hear the curses of parents who are wronged; and shall we doubt that they hear and fulfil their blessings too?' 'Surely not.' And, as we were saying, no image is more honoured by the Gods than an aged father and mother, to whom when honour is done, the God who hears their prayers is rejoiced, and their influence is greater than that of the lifeless statue; for they pray that good or evil may come to us in proportion as they are honoured or dishonoured, but the statue is silent. 'Excellent.' Good men are glad when their parents live to extreme old age, or if they depart early, lament their loss; but to bad man their parents are always terrible. Wherefore let every one honour his parents, and if this preamble fails of influencing him, let him hear the law: – If any one does not take sufficient care of his parents, let the aggrieved person inform the three eldest guardians of the law and three of the women who are concerned with marriages. Women up to forty years of age, and men up to thirty, who thus offend, shall be beaten and imprisoned. After that age they are to be brought before a court composed of the eldest citizens, who may inflict any punishment upon them which they please. If the injured party cannot inform, let any freeman who hears of the case inform; a slave who does so shall be set free, – if he be the slave of the one of the parties, by the magistrate, – if owned by another, at the cost of the state; and let the magistrates, take care that he is not wronged by any one out of revenge.

The injuries which one person does to another by the use of poisons are of two kinds; – one affects the body by the employment of drugs and potions; the other works on the mind by the practice of sorcery and magic. Fatal cases of either sort have been already mentioned; and now we must have a law respecting cases which are not fatal. There is no use in arguing with a man whose mind is disturbed by waxen images placed at his own door, or on the sepulchre of his father or mother, or at a spot where three ways meet. But to the wizards themselves we must address a solemn preamble, begging them not to treat the world as if they were children, or compel the legislator to expose them, and to show men that the poisoner who is not a physician and the wizard who is not a prophet or diviner are equally ignorant of what they are doing. Let the law be as follows: – He who by the use of poison does any injury not fatal to a man or his servants, or any injury whether fatal or not to another's cattle or bees, is to be punished with death if he be a physician, and if he be not a physician he is to suffer the punishment awarded by the court: and he who injures another by sorcery, if he be a diviner or prophet, shall be put to death; and, if he be not a diviner, the court shall determine what he ought to pay or suffer.

Any one who injures another by theft or violence shall pay damages at least equal to the injury; and besides the compensation, a suitable punishment shall be inflicted. The foolish youth who is the victim of others is to have a lighter punishment; he whose folly is occasioned by his own jealousy or desire or anger is to suffer more heavily. Punishment is to be inflicted, not for the sake of vengeance, for what is done cannot be undone, but for the sake of prevention and reformation. And there should be a proportion between the punishment and the crime, in which the judge, having a discretion left him, must, by estimating the crime, second the legislator, who, like a painter, furnishes outlines for him to fill up.

A madman is not to go about at large in the city, but is to be taken care of by his relatives. Neglect on their part is to be punished in the first class by a fine of a hundred drachmas, and proportionally in the others. Now madness is of various kinds; in addition to that which arises from disease there is the madness which originates in a passionate temperament, and makes men when engaged in a quarrel use foul and abusive language against each other. This is intolerable in a well-ordered state; and therefore our law shall be as follows: – No one is to speak evil of another, but when men differ in opinion they are to instruct one another without speaking evil. Nor should any one seek to rouse the passions which education has calmed; for he who feeds and nurses his wrath is apt to make ribald jests at his opponent, with a loss of character or dignity to himself. And for this reason no one may use any abusive word in a temple, or at sacrifices, or games, or in any public assembly, and he who offends shall be censured by the proper magistrate; and the magistrate, if he fail to censure him, shall not claim the prize of virtue. In any other place the angry man who indulges in revilings, whether he be the beginner or not, may be chastised by an elder. The reviler is always trying to make his opponent ridiculous; and the use of ridicule in anger we cannot allow. We forbid the comic poet to ridicule our citizens, under a penalty of expulsion from the country or a fine of three minae. Jest in which there is no offence may be allowed; but the question of offence shall be determined by the director of education, who is to be the licenser of theatrical performances.

The righteous man who is in adversity will not be allowed to starve in a well-ordered city; he will never be a beggar. Nor is a man to be pitied, merely because he is hungry, unless he be temperate. Therefore let the law be as follows: – Let there be no beggars in our state; and he who begs shall be expelled by the magistrates both from town and country.

If a slave, male or female, does any harm to the property of another, who is not himself a party to the harm, the master shall compensate the injury or give up the offending slave. But if the master argue that the charge has arisen by collusion, with the view of obtaining the slave, he may put the plaintiff on his trial for malpractices, and recover from him twice the value of the slave; or if he is cast he must make good the damage and deliver up the slave. The injury done by a horse or other animal shall be compensated in like manner.

A witness who will not come of himself may be summoned, and if he fail in appearing, he shall be liable for any harm which may ensue: if he swears that he does not know, he may leave the court. A judge who is called upon as a witness must not vote. A free woman, if she is over forty, may bear witness and plead, and, if she have no husband, she may also bring an action. A slave, male or female, and a child may witness and plead only in case of murder, but they must give sureties that they will appear at the trial, if they should be charged with false witness. Such charges must be made pending the trial, and the accusations shall be sealed by both parties and kept by the magistrates until the trial for perjury comes off. If a man is twice convicted of perjury, he is not to be required, if three times, he is not to be allowed to bear witness, or, if he persists in bearing witness, is to be punished with death. When more than half the evidence is proved to be false there must be a new trial.

The best and noblest things in human life are liable to be defiled and perverted. Is not justice the civilizer of mankind? And yet upon the noble profession of the advocate has come an evil name. For he is said to make the worse appear the better cause, and only requires money in return for his services. Such an art will be forbidden by the legislator, and if existing among us will be requested to depart to another city. To the disobedient let the voice of the law be heard saying: – He who tries to pervert justice in the minds of the judges, or to increase litigation, shall be brought before the supreme court. If he does so from contentiousness, let him be silenced for a time, and, if he offend again, put to death. If he have acted from a love of gain, let him be sent out of the country if he be a foreigner, or if he be a citizen let him be put to death.

BOOK XII. If a false message be taken to or brought from other states, whether friendly or hostile, by ambassadors or heralds, they shall be indicted for having dishonoured their sacred office, and, if convicted, shall suffer a penalty. – Stealing is mean; robbery is shameless. Let no man deceive himself by the supposed example of the Gods, for no God or son of a God ever really practised either force or fraud. On this point the legislator is better informed than all the poets put together. He who listens to him shall be for ever happy, but he who will not listen shall have the following law directed against him: – He who steals much, or he who steals little of the public property is deserving of the same penalty; for they are both impelled by the same evil motive. When the law punishes one man more lightly than another, this is done under the idea, not that he is less guilty, but that he is more curable. Now a thief who is a foreigner or slave may be curable; but the thief who is a citizen, and has had the advantages of education, should be put to death, for he is incurable.

Much consideration and many regulations are necessary about military expeditions; the great principal of all is that no one, male or female, in war or peace, in great matters or small, shall be without a commander. Whether men stand or walk, or drill, or pursue, or retreat, or wash, or eat, they should all act together and in obedience to orders. We should practise from our youth upwards the habits of command and obedience. All dances, relaxations, endurances of meats and drinks, of cold and heat, and of hard couches, should have a view to war, and care should be taken not to destroy the natural covering and use of the head and feet by wearing shoes and caps; for the head is the lord of the body, and the feet are the best of servants. The soldier should have thoughts like these; and let him hear the law: – He who is enrolled shall serve, and if he absent himself without leave he shall be indicted for failure of service before his own branch of the army when the expedition returns, and if he be found guilty he shall suffer the penalty which the courts award, and never be allowed to contend for any prize of valour, or to accuse another of misbehaviour in military matters. Desertion shall also be tried and punished in the same manner. After the courts for trying failure of service and desertion have been held, the generals shall hold another court, in which the several arms of the service will award prizes for the expedition which has just concluded. The prize is to be a crown of olive, which the victor shall offer up at the temple of his favourite war God…In any suit which a man brings, let the indictment be scrupulously true, for justice is an honourable maiden, to whom falsehood is naturally hateful. For example, when men are prosecuted for having lost their arms, great care should be taken by the witnesses to distinguish between cases in which they have been lost from necessity and from cowardice. If the hero Patroclus had not been killed but had been brought back alive from the field, he might have been reproached with having lost the divine armour. And a man may lose his arms in a storm at sea, or from a fall, and under many other circumstances. There is a distinction of language to be observed in the use of the two terms, 'thrower away of a shield' (ripsaspis), and 'loser of arms' (apoboleus oplon), one being the voluntary, the other the involuntary relinquishment of them. Let the law then be as follows: – If any one is overtaken by the enemy, having arms in his hands, and he leaves them behind him voluntarily, choosing base life instead of honourable death, let justice be done. The old legend of Caeneus, who was changed by Poseidon from a woman into a man, may teach by contraries the appropriate punishment. Let the thrower away of his shield be changed from a man into a woman – that is to say, let him be all his life out of danger, and never again be admitted by any commander into the ranks of his army; and let him pay a heavy fine according to his class. And any commander who permits him to serve shall also be punished by a fine.

All magistrates, whatever be their tenure of office, must give an account of their magistracy. But where shall we find the magistrate who is worthy to supervise them or look into their short-comings and crooked ways? The examiner must be more than man who is sufficient for these things. For the truth is that there are many causes of the dissolution of states; which, like ships or animals, have their cords, and girders, and sinews easily relaxed, and nothing tends more to their welfare and preservation than the supervision of them by examiners who are better than the magistrates; failing in this they fall to pieces, and each becomes many instead of one. Wherefore let the people meet after the summer solstice, in the precincts of Apollo and the Sun, and appoint three men of not less than fifty years of age. They shall proceed as follows: – Each citizen shall select some one, not himself, whom he thinks the best. The persons selected shall be reduced to one half, who have the greatest number of votes, if they are an even number; but if an odd number, he who has the smallest number of votes shall be previously withdrawn. The voting shall continue in the same manner until three only remain; and if the number of votes cast for them be equal, a distinction between the first, second, and third shall be made by lot. The three shall be crowned with an olive wreath, and proclamation made, that the city of the Magnetes, once more preserved by the Gods, presents her three best men to Apollo and the Sun, to whom she dedicates them as long as their lives answer to the judgment formed of them. They shall choose in the first year of their office twelve examiners, to continue until they are seventy-five years of age; afterwards three shall be added annually. While they hold office, they shall dwell within the precinct of the God. They are to divide all the magistracies into twelve classes, and may apply any methods of enquiry, and inflict any punishments which they please; in some cases singly, in other cases together, announcing the acquittal or punishment of the magistrate on a tablet which they will place in the agora. A magistrate who has been condemned by the examiners may appeal to the select judges, and, if he gain his suit, may in turn prosecute the examiners; but if the appellant is cast, his punishment shall be doubled, unless he was previously condemned to death.

And what honours shall be paid to these examiners, whom the whole state counts worthy of the rewards of virtue? They shall have the first place at all sacrifices and other ceremonies, and in all assemblies and public places; they shall go on sacred embassies, and have the exclusive privilege of wearing a crown of laurel. They are priests of Apollo and the Sun, and he of their number who is judged first shall be high priest, and give his name to the year. The manner of their burial, too, shall be different from that of the other citizens. The colour of their funeral array shall be white, and, instead of the voice of lamentation, around the bier shall stand a chorus of fifteen boys and fifteen maidens, chanting hymns in honour of the deceased in alternate strains during an entire day; and at dawn a band of a hundred youths shall carry the bier to the grave, marching in the garb of warriors, and the boys in front of the bier shall sing their national hymn, while the maidens and women past child-bearing follow after. Priests and priestesses may also follow, unless the Pythian oracle forbids. The sepulchre shall be a vault built underground, which will last for ever, having couches of stone placed side by side; on one of these they shall lay the departed saint, and then cover the tomb with a mound, and plant trees on every side except one, where an opening shall be left for other interments. Every year there shall be games – musical, gymnastic, or equestrian, in honour of those who have passed every ordeal. But if any of them, after having been acquitted on any occasion, begin to show the wickedness of human nature, he who pleases may bring them to trial before a court composed of the guardians of the law, and of the select judges, and of any of the examiners who are alive. If he be convicted he shall be deprived of his honours, and if the accuser do not obtain a fifth part of the votes, he shall pay a fine according to his class.

What is called the judgment of Rhadamanthus is suited to 'ages of faith,' but not to our days. He knew that his contemporaries believed in the Gods, for many of them were the sons of Gods; and he thought that the easiest and surest method of ending litigation was to commit the decision to Heaven. In our own day, men either deny the existence of Gods or their care of men, or maintain that they may be bribed by attentions and gifts; and the procedure of Rhadamanthus would therefore be out of date. When the religious ideas of mankind change, their laws should also change. Thus oaths should no longer be taken from plaintiff and defendant; simple statements of affirmation and denial should be substituted. For there is something dreadful in the thought, that nearly half the citizens of a state are perjured men. There is no objection to an oath, where a man has no interest in forswearing himself; as, for example, when a judge is about to give his decision, or in voting at an election, or in the judgment of games and contests. But where there would be a premium on perjury, oaths and imprecations should be prohibited as irrelevant, like appeals to feeling. Let the principles of justice be learned and taught without words of evil omen. The oaths of a stranger against a stranger may be allowed, because strangers are not permitted to become permanent residents in our state.

Trials in private causes are to be decided in the same manner as lesser offences against the state. The non-attendance at a chorus or sacrifice, or the omission to pay a war-tax, may be regarded as in the first instance remediable, and the defaulter may give security; but if he forfeits the security, the goods pledged shall be sold and the money given to the state. And for obstinate disobedience, the magistrate shall have the power of inflicting greater penalties.

A city which is without trade or commerce must consider what it will do about the going abroad of its own people and the admission of strangers. For out of intercourse with strangers there arises great confusion of manners, which in most states is not of any consequence, because the confusion exists already; but in a well-ordered state it may be a great evil. Yet the absolute prohibition of foreign travel, or the exclusion of strangers, is impossible, and would appear barbarous to the rest of mankind. Public opinion should never be lightly regarded, for the many are not so far wrong in their judgments as in their lives. Even the worst of men have often a divine instinct, which enables them to judge of the differences between the good and bad. States are rightly advised when they desire to have the praise of men; and the greatest and truest praise is that of virtue. And our Cretan colony should, and probably will, have a character for virtue, such as few cities have. Let this, then, be our law about foreign travel and the reception of strangers: – No one shall be allowed to leave the country who is under forty years of age – of course military service abroad is not included in this regulation – and no one at all except in a public capacity. To the Olympic, and Pythian, and Nemean, and Isthmian games, shall be sent the fairest and best and bravest, who shall support the dignity of the city in time of peace. These, when they come home, shall teach the youth the inferiority of all other governments. Besides those who go on sacred missions, other persons shall be sent out by permission of the guardians to study the institutions of foreign countries. For a people which has no experience, and no knowledge of the characters of men or the reason of things, but lives by habit only, can never be perfectly civilized. Moreover, in all states, bad as well as good, there are holy and inspired men; these the citizen of a well-ordered city should be ever seeking out; he should go forth to find them over sea and over land, that he may more firmly establish institutions in his own state which are good already and amend the bad. 'What will be the best way of accomplishing such an object?' In the first place, let the visitor of foreign countries be between fifty and sixty years of age, and let him be a citizen of repute, especially in military matters. On his return he shall appear before the Nocturnal Council: this is a body which sits from dawn to sunrise, and includes amongst its members the priests who have gained the prize of virtue, and the ten oldest guardians of the law, and the director and past directors of education; each of whom has power to bring with him a younger friend of his own selection, who is between thirty and forty. The assembly thus constituted shall consider the laws of their own and other states, and gather information relating to them. Anything of the sort which is approved by the elder members of the council shall be studied with all diligence by the younger; who are to be specially watched by the rest of the citizens, and shall receive honour, if they are deserving of honour, or dishonour, if they prove inferior. This is the assembly to which the visitor of foreign countries shall come and tell anything which he has heard from others in the course of his travels, or which he has himself observed. If he be made neither better nor worse, let him at least be praised for his zeal; and let him receive still more praise, and special honour after death, if he be improved. But if he be deteriorated by his travels, let him be prohibited from speaking to any one; and if he submit, he may live as a private individual: but if he be convicted of attempting to make innovations in education and the laws, let him die.

Next, as to the reception of strangers. Of these there are four classes: – First, merchants, who, like birds of passage, find their way over the sea at a certain time of the year, that they may exhibit their wares. These should be received in markets and public buildings without the city, by proper officers, who shall see that justice is done them, and shall also watch against any political designs which they may entertain; no more intercourse is to be held with them than is absolutely necessary. Secondly, there are the visitors at the festivals, who shall be entertained by hospitable persons at the temples for a reasonable time; the priests and ministers of the temples shall have a care of them. In small suits brought by them or against them, the priests shall be the judges; but in the more important, the wardens of the agora. Thirdly, there are ambassadors of foreign states; these are to be honourably received by the generals and commanders, and placed under the care of the Prytanes and of the persons with whom they are lodged. Fourthly, there is the philosophical stranger, who, like our own spectators, from time to time goes to see what is rich and rare in foreign countries. Like them he must be fifty years of age: and let him go unbidden to the doors of the wise and rich, that he may learn from them, and they from him.