Home > Authors Index > Plato > Laws > This page
Laws, a non-fiction book by Plato |
||
The Preamble - Book 11 |
||
| < Previous |
Table of content |
Next > |
|
________________________________________________
_ THE PREAMBLE - BOOK XI As to dealings between man and man, the principle of them is simple--Thou shalt not take what is not thine; and shalt do to others as thou wouldst that they should do to thee. First, of treasure trove:--May I never desire to find, or lift, if I find, or be induced by the counsel of diviners to lift, a treasure which one who was not my ancestor has laid down; for I shall not gain so much in money as I shall lose in virtue. The saying, 'Move not the immovable,' may be repeated in a new sense; and there is a common belief which asserts that such deeds prevent a man from having a family. To him who is careless of such consequences, and, despising the word of the wise, takes up a treasure which is not his--what will be done by the hand of the Gods, God only knows,--but I would have the first person who sees the offender, inform the wardens of the city or the country; and they shall send to Delphi for a decision, and whatever the oracle orders, they shall carry out. If the informer be a freeman, he shall be honoured, and if a slave, set free; but he who does not inform, if he be a freeman, shall be dishonoured, and if a slave, shall be put to death. If a man leave anywhere anything great or small, intentionally or unintentionally, let him who may find the property deem the deposit sacred to the Goddess of ways. And he who appropriates the same, if he be a slave, shall be beaten with many stripes; if a freeman, he shall pay tenfold, and be held to have done a dishonourable action. If a person says that another has something of his, and the other allows that he has the property in dispute, but maintains it to be his own, let the ownership be proved out of the registers of property. If the property is registered as belonging to some one who is absent, possession shall be given to him who offers sufficient security on behalf of the absentee; or if the property is not registered, let it remain with the three eldest magistrates, and if it should be an animal, the defeated party must pay the cost of its keep. A man may arrest his own slave, and he may also imprison for safe-keeping the runaway slave of a friend. Any one interfering with him must produce three sureties; otherwise, he will be liable to an action for violence, and if he be cast, must pay a double amount of damages to him from whom he has taken the slave. A freedman who does not pay due respect to his patron, may also be seized. Due respect consists in going three times a month to the house of his patron, and offering to perform any lawful service for him; he must also marry as his master pleases; and if his property be greater than his master's, he must hand over to him the excess. A freedman may not remain in the state, except with the consent of the magistrates and of his master, for more than twenty years; and whenever his census exceeds that of the third class, he must in any case leave the country within thirty days, taking his property with him. If he break this regulation, the penalty shall be death, and his property shall be confiscated. Suits about these matters are to be decided in the courts of the tribes, unless the parties have settled the matter before a court of neighbours or before arbiters. If anybody claim a beast, or anything else, let the possessor refer to the seller or giver of the property within thirty days, if the latter reside in the city, or, if the goods have been received from a stranger, within five months, of which the middle month shall include the summer solstice. All purchases and exchanges are to be made in the agora, and paid for on the spot; the law will not allow credit to be given. No law shall protect the money subscribed for clubs. He who sells anything of greater value than fifty drachmas shall abide in the city for ten days, and let his whereabouts be known to the buyer, in case of any reclamation. When a slave is sold who is subject to epilepsy, stone, or any other invisible disorder, the buyer, if he be a physician or trainer, or if he be warned, shall have no redress; but in other cases within six months, or within twelve months in epileptic disorders, he may bring the matter before a jury of physicians to be agreed upon by both parties; and the seller who loses the suit, if he be an expert, shall pay twice the price; or if he be a private person, the bargain shall be rescinded, and he shall simply refund. If a person knowingly sells a homicide to another, who is informed of his character, there is no redress. But if the judges--who are to be the five youngest guardians of the law--decide that the purchaser was not aware, then the seller is to pay threefold, and to purify the house of the buyer. He who exchanges money for money, or beast for beast, must warrant either of them to be sound and good. As in the case of other laws, let us have a preamble, relating to all this class of crime. Adulteration is a kind of falsehood about which the many commonly say that at proper times the practice may often be right, but they do not define at what times. But the legislator will tell them, that no man should invoke the Gods when he is practising deceit or fraud, in word or deed. For he is the enemy of heaven, first, who swears falsely, not thinking of the Gods by whom he swears, and secondly, he who lies to his superiors. (Now the superiors are the betters of inferiors,--the elder of the younger, parents of children, men of women, and rulers of subjects.) The trader who cheats in the agora is a liar and is perjured--he respects neither the name of God nor the regulations of the magistrates. If after hearing this he will still be dishonest, let him listen to the law:--The seller shall not have two prices on the same day, neither must he puff his goods, nor offer to swear about them. If he break the law, any citizen not less than thirty years of age may smite him. If he sell adulterated goods, the slave or metic who informs against him shall have the goods; the citizen who brings such a charge, if he prove it, shall offer up the goods in question to the Gods of the agora; or if he fail to prove it, shall be dishonoured. He who is detected in selling adulterated goods shall be deprived of them, and shall receive a stripe for every drachma of their value. The wardens of the agora and the guardians of the law shall take experienced persons into counsel, and draw up regulations for the agora. These shall be inscribed on a column in front of the court of the wardens of the agora.--As to the wardens of the city, enough has been said already. But if any omissions in the law are afterwards discovered, the wardens and the guardians shall supply them, and have them inscribed after the original regulations on a column before the court of the wardens of the city. Next in order follows the subject of retail trades, which in their natural use are the reverse of mischievous; for every man is a benefactor who reduces what is unequal to symmetry and proportion. Money is the instrument by which this is accomplished, and the shop-keeper, the merchant, and hotel-keeper do but supply the wants and equalize the possessions of mankind. Why, then, does any dishonour attach to a beneficent occupation? Let us consider the nature of the accusation first, and then see whether it can be removed. 'What is your drift?' Dear Cleinias, there are few men who are so gifted by nature, and improved by education, as to be able to control the desire of making money; or who are sober in their wishes and prefer moderation to accumulation. The great majority think that they can never have enough, and the consequence is that retail trade has become a reproach. Whereas, however ludicrous the idea may seem, if noble men and noble women could be induced to open a shop, and to trade upon incorruptible principles, then the aspect of things would change, and retail traders would be regarded as nursing fathers and mothers. In our own day the trader goes and settles in distant places, and receives the weary traveller hospitably at first, but in the end treats him as an enemy and a captive, whom he only liberates for an enormous ransom. This is what has brought retail trade into disrepute, and against this the legislator ought to provide. Men have said of old, that to fight against two opponents is hard; and the two opponents of whom I am thinking are wealth and poverty--the one corrupting men by luxury; the other, through misery, depriving them of the sense of shame. What remedies can a city find for this disease? First, to have as few retail traders as possible; secondly, to give retail trade over to a class whose corruption will not injure the state; and thirdly, to restrain the insolence and meanness of the retailers. Let us make the following laws:--(1) In the city of the Magnetes none of the 5040 citizens shall be a retailer or merchant, or do any service to any private persons who do not equally serve him, except to his father and mother and their fathers and mothers, and generally to his elders who are freemen, and whom he serves as a freeman. He who follows an illiberal pursuit may be cited for dishonouring his family, and kept in bonds for a year; and if he offend again, he shall be bound for two years; and for every offence his punishment shall be doubled: (2) Every retailer shall be a metic or a foreigner: (3) The guardians of the law shall have a special care of this part of the community, whose calling exposes them to peculiar temptations. They shall consult with persons of experience, and find out what prices will yield the traders a moderate profit, and fix them. When a man does not fulfil his contract, he being under no legal or other impediment, the case shall be brought before the court of the tribes, if not previously settled by arbitration. The class of artisans is consecrated to Hephaestus and Athene; the makers of weapons to Ares and Athene: all of whom, remembering that the Gods are their ancestors, should be ashamed to deceive in the practice of their craft. If any man is lazy in the fulfilment of his work, and fancies, foolish fellow, that his patron God will not deal hardly with him, he will be punished by the God; and let the law follow:--He who fails in his undertaking shall pay the value, and do the work gratis in a specified time. The contractor, like the seller, is enjoined by law to charge the simple value of his work; in a free city, art should be a true thing, and the artist must not practise on the ignorance of others. On the other hand, he who has ordered any work and does not pay the workman according to agreement, dishonours Zeus and Athene, and breaks the bonds of society. And if he does not pay at the time agreed, let him pay double; and although interest is forbidden in other cases, let the workman receive after the expiration of a year interest at the rate of an obol a month for every drachma (equal to 200 per cent. per ann.). And we may observe by the way, in speaking of craftsmen, that if our military craft do their work well, the state will praise those who honour them, and blame those who do not honour them. Not that the first place of honour is to be assigned to the warrior; a higher still is reserved for those who obey the laws. Most of the dealings between man and man are now settled, with the exception of such as relate to orphans and guardianships. These lead us to speak of the intentions of the dying, about which we must make regulations. I say 'must'; for mankind cannot be allowed to dispose of their property as they please, in ways at variance with one another and with law and custom. But a dying person is a strange being, and is not easily managed; he wants to be master of all he has, and is apt to use angry words. He will say,--'May I not do what I will with my own, and give much to my friends, and little to my enemies?' 'There is reason in that.' O Cleinias, in my judgment the older lawgivers were too soft-hearted, and wanting in insight into human affairs. They were too ready to listen to the outcry of a dying man, and hence they were induced to give him an absolute power of bequest. But I would say to him:--O creature of a day, you know neither what is yours nor yourself: for you and your property are not your own, but belong to your whole family, past and to come, and property and family alike belong to the State. And therefore I must take out of your hands the charge of what you leave behind you, with a view to the interests of all. And I hope that you will not quarrel with us, now that you are going the way of all mankind; we will do our best for you and yours when you are no longer here. Let this be our address to the living and dying, and let the law be as follows:--The father who has sons shall appoint one of them to be the heir of the lot; and if he has given any other son to be adopted by another, the adoption shall also be recorded; and if he has still a son who has no lot, and has a chance of going to a colony, he may give him what he has more than the lot; or if he has more than one son unprovided for, he may divide the money between them. A son who has a house of his own, and a daughter who is betrothed, are not to share in the bequest of money; and the son or daughter who, having inherited one lot, acquires another, is to bequeath the new inheritance to the next of kin. If a man have only daughters, he may adopt the husband of any one of them; or if he have lost a son, let him make mention of the circumstance in his will and adopt another. If he have no children, he may give away a tenth of his acquired property to whomsoever he likes; but he must adopt an heir to inherit the lot, and may leave the remainder to him. Also he may appoint guardians for his children; or if he die without appointing them or without making a will, the nearest kinsmen,--two on the father's and two on the mother's side,--and one friend of the departed, shall be appointed guardians. The fifteen eldest guardians of the law are to have special charge of all orphans, the whole number of fifteen being divided into bodies of three, who will succeed one another according to seniority every year for five years. If a man dying intestate leave daughters, he must pardon the law which marries them for looking, first to kinship, and secondly to the preservation of the lot. The legislator cannot regard the character of the heir, which to the father is the first consideration. The law will therefore run as follows:--If the intestate leave daughters, husbands are to be found for them among their kindred according to the following table of affinity: first, their father's brothers; secondly, the sons of their father's brothers; thirdly, of their father's sisters; fourthly, their great-uncles; fifthly, the sons of a great-uncle; sixthly, the sons of a great-aunt. The kindred in such cases shall always be reckoned in this way; the relationship shall proceed upwards through brothers and sisters and brothers' and sisters' children, and first the male line must be taken and then the female. If there is a dispute in regard to fitness of age for marriage, this the judge shall decide, after having made an inspection of the youth naked, and of the maiden naked down to the waist. If the maiden has no relations within the degree of third cousin, she may choose whom she likes, with the consent of her guardians; or she may even select some one who has gone to a colony, and he, if he be a kinsman, will take the lot by law; if not, he must have her guardians' consent, as well as hers. When a man dies without children and without a will, let a young man and a young woman go forth from the family and take up their abode in the desolate house. The woman shall be selected from the kindred in the following order of succession:--first, a sister of the deceased; second, a brother's daughter; third, a sister's daughter; fourth, a father's sister; fifth, a daughter of a father's brother; sixth, a daughter of a father's sister. For the man the same order shall be observed as in the preceding case. The legislator foresees that laws of this kind will sometimes press heavily, and that his intention cannot always be fulfilled; as for example, when there are mental and bodily defects in the persons who are enjoined to marry. But he must be excused for not being always able to reconcile the general principles of public interest with the particular circumstances of individuals; and he is willing to allow, in like manner, that the individual cannot always do what the lawgiver wishes. And then arbiters must be chosen, who will determine equitably the cases which may arise under the law: e.g. a rich cousin may sometimes desire a grander match, or the requirements of the law can only be fulfilled by marrying a madwoman. To meet such cases let the following law be enacted:--If any one comes forward and says that the lawgiver, had he been alive, would not have required the carrying out of the law in a particular case, let him go to the fifteen eldest guardians of the law who have the care of orphans; but if he thinks that too much power is thus given to them, he may bring the case before the court of select judges. Thus will orphans have a second birth. In order to make their sad condition as light as possible, the guardians of the law shall be their parents, and shall be admonished to take care of them. And what admonition can be more appropriate than the assurance which we formerly gave, that the souls of the dead watch over mortal affairs? About this there are many ancient traditions, which may be taken on trust from the legislator. Let men fear, in the first place, the Gods above; secondly, the souls of the departed, who naturally care for their own descendants; thirdly, the aged living, who are quick to hear of any neglect of family duties, especially in the case of orphans. For they are the holiest and most sacred of all deposits, and the peculiar care of guardians and magistrates; and those who try to bring them up well will contribute to their own good and to that of their families. He who listens to the preamble of the law will never know the severity of the legislator; but he who disobeys, and injures the orphan, will pay twice the penalty he would have paid if the parents had been alive. More laws might have been made about orphans, did we not suppose that the guardians have children and property of their own which are protected by the laws; and the duty of the guardian in our state is the same as that of a father, though his honour or disgrace is greater. A legal admonition and threat may, however, be of service: the guardian of the orphan and the guardian of the law who is over him, shall love the orphan as their own children, and take more care of his or her property than of their own. If the guardian of the child neglect his duty, the guardian of the law shall fine him; and the guardian may also have the magistrate tried for neglect in the court of select judges, and he shall pay, if convicted, a double penalty. Further, the guardian of the orphan who is careless or dishonest may be fined on the information of any of the citizens in a fourfold penalty, half to go to the orphan and half to the prosecutor of the suit. When the orphan is of age, if he thinks that he has been ill-used, his guardian may be brought to trial by him within five years, and the penalty shall be fixed by the court. Or if the magistrate has neglected the orphan, he shall pay damages to him; but if he have defrauded him, he shall make compensation and also be deposed from his office of guardian of the law. If irremediable differences arise between fathers and sons, the father may want to renounce his son, or the son may indict his father for imbecility: such violent separations only take place when the family are 'a bad lot'; if only one of the two parties is bad, the differences do not grow to so great a height. But here arises a difficulty. Although in any other state a son who is disinherited does not cease to be a citizen, in ours he does; for the number of citizens cannot exceed 5040. And therefore he who is to suffer such a penalty ought to be abjured, not only by his father, but by the whole family. The law, then, should run as follows:--If any man's evil fortune or temper incline him to disinherit his son, let him not do so lightly or on the instant; but let him have a council of his own relations and of the maternal relations of his son, and set forth to them the propriety of disinheriting him, and allow his son to answer. And if more than half of the kindred male and female, being of full age, condemn the son, let him be disinherited. If any other citizen desires to adopt him, he may, for young men's characters often change in the course of life. But if, after ten years, he remains unadopted, let him be sent to a colony. If disease, or old age, or evil disposition cause a man to go out of his mind, and he is ruining his house and property, and his son doubts about indicting him for insanity, let him lay the case before the eldest guardians of the law, and consult with them. And if they advise him to proceed, and the father is decided to be imbecile, he shall have no more control over his property, but shall live henceforward like a child in the house. 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. _ |
||