in fact, they shall do literal fighting with balls and darts as nearly real as possible,—though the points of the darts shall be made less dangerous,—in order that their games of combat may not be devoid of some element of alarm, but may provide terrors and indicate to some extent who is stout-hearted and who not: to the former the lawgiver shall duly assign honors, to the latter degradation, that thus he may prepare the whole State to be serviceable throughout life in the real contest. Moreover, if a man gets killed in these sham fights, inasmuch as the murder is involuntary, he shall pronounce the slayer to be pure of hands, when he has been legally purified; for he will reflect that, when a few men die, others equally good will grow up in their place, whereas, once fear is, so to speak, dead, he will be unable to find a test to distinguish, in all such cases, the good from the bad,— and that is a far greater evil than the other for a State.
Meg.One cause, as you assert, is this lifelong insatiable pursuit, which wholly engrosses each man, and hinders each and all from rightly practicing military operations. Be it so: now tell us the second cause.
Ath.Do you think that I am delaying to do so because I am at a loss?
Meg.No; but we think that, owing to a sort of hatred against the character you describe, you are castigating it more severely than is required by the argument now on hand.
Ath.Your rebuke is just, Strangers; you want, it seems, to hear what comes next.
As regards the hits which a winner is to make or avoid, and how many points he must score,—just as now in the case of wrestling, those who deal with this art have fixed by law the points of good wrestling and bad, so likewise we must summon the experts in fencing under arms, and bid them help us to draw up laws by which to decide the proper winner in such fights, what he must do and what he must avoid,—and similarly the rules for determining the loser. For females also, up to the age of marriage, the same laws shall be laid down. And in the place of the pancratium we must establish a general tourney for peltasts, who shall compete with bows, targes, javelins, and stones flung either by hand or by sling; and for these, too, we shall prescribe laws for assigning the rewards and prizes to the man who best conforms to the rules governing such contests. After these, the next thing to ordain will be horse-racing. Here, in a country like Crete, there is not much need of horses—not in great numbers,—so that inevitably less attention is paid either to the rearing or the racing of horses. As to chariots, we have no one who keeps them, nor is anyone here likely to cherish any great ambition respecting them, so that to establish contests for them would run counter to native custom, and would not only seem, but be, a foolish act. If, however, we establish prizes for races of riding-horses— both for young colts, and for three-year-olds, and for those of full age—we shall be adapting the sport of horse-racing to the character of the country. Of these horsemen there shall be established by law a competitive contest, and the phylarchs and hipparchs shall act as public judges both of all the races and of the armed competitors. For unarmed competitors we should be wrong in establishing prizes, either here or in the gymnastic sports. And for a Cretan there is credit in being a mounted archer or javelin-man, so we shall have contests and matches of a sportive kind between these also. As to women,—it is not worth while to make compulsory laws and rules about their taking part in such sports; but if, as a result of earlier training which has grown into a habit, their nature allows, and does not forbid, girls or maidens to take part, let them do so without blame. So now at length we have reached the end both of competition and instruction in gymnastic, so far as concerns our education by means of contests and of daily teaching. Most of our account of music has likewise been completed; the regulations about rhapsodes, however, and their retinue, and the choral contests which must accompany festivals are matters to be arranged after the gods and demi-gods have had their months, days and years assigned to them; then it will be seen whether they should be biennial fixtures or quadrennial, or what mode and manner of arranging them the gods may suggest.
Then also, one expects, the musical contests will be held in sections, as arranged by the Masters of the Games and the Educator of the youth and the Law-wardens, meeting for this special purpose and acting in person as legislators to determine what persons, and when and with whom, are to frame the contests for all the choruses and choristry. Of what character each of these ought to be in respect of words, songs and tunes, blended with rhythm and dance, has frequently been stated by the original lawgiver; the secondary lawgivers should follow him in their enactments, and they should arrange the contests at convenient times to suit the several sacrifices, and thus appoint festivals for the State to observe. Now as to these and the like matters, it is by no means hard to perceive how they should be given legal regulation, nor indeed would a shifting of their positions cause much gain or loss to the State. But the things which do make no small difference, and of which it is hard to persuade men—these form a task especially for God (were it possible that orders should come from him): as it is, they are likely to require a bold man who, valuing candor above all else, will declare what he deems best for city and citizens, and in the midst of corrupted souls will enjoin what is fitting and in keeping with all the constitution, and gainsay the mightiest lusts, acting alone by himself with no man to help him save, as his solitary leader, Reason.
That the laws previously ordained serve to repress the majority of desires is not surprising; thus, for example, the proscription of excessive wealth is of no small benefit for promoting temperance, and the whole of our education-system contains laws useful for the same purpose; in addition to this, there is the watchful eye of the magistrates, trained to fix its gaze always on this point and to keep constant watch on the young people. These means, then, are sufficient (so far as any human means suffice) to deal with the other desires. But when we come to the amorous passions of children of both sexes and of men for women and women for men,— passions which have been the cause of countless woes both to individuals and to whole States,—how is one to guard against these, or what remedy can one apply so as to find a way of escape in all such cases from a danger such as this? It is extremely difficult, Clinias. For whereas, in regard to other matters not a few, Crete generally and Lacedaemon furnish us (and rightly) with no little assistance in the framing of laws which differ from those in common use,—in regard to the passions of sex (for we are alone by ourselves) they contradict us absolutely. If we were to follow in nature’s steps and enact that law which held good before the days of Laius, declaring that it is right to refrain from indulging in the same kind of intercourse with men and boys as with women, and adducing as evidence thereof the nature of wild beasts, and pointing out how male does not touch male for this purpose, since it is unnatural,—in all this we would probably be using an argument neither convincing nor in any way consonant with your States. Moreover, that object which, as we affirm, the lawgiver ought always to have in view does not agree with these practices. For the enquiry we always make is this —which of the proposed laws tends toward virtue and which not. Come then, suppose we grant that this practice is now legalized, and that it is noble and in no way ignoble, how far would it promote virtue? Will it engender in the soul of him who is seduced a courageous character, or in the soul of the seducer the quality of temperance? Nobody would ever believe this; on the contrary, as all men will blame the cowardice of the man who always yields to pleasures and is never able to hold out against them, will they not likewise reproach that man who plays the woman’s part with the resemblance he bears to his model? Is there any man, then, who will ordain by law a practice like that? Not one, I should say, if he has a notion of what true law is. What then do we declare to be the truth about this matter?
It is necessary to discern the real nature of friendship and desire and love (so-called), if we are to determine them rightly; for what causes the utmost confusion and obscurity is the fact that this single term embraces these two things, and also a third kind compounded of them both.
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.
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; 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, 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.
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. 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.
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, thou shalt not shift what thou hast not set. And if a slave, without the consent of the master of the plots, touches any of such fruit, he shall be beaten with stripes as many as the grapes in the bunch or the figs on the fig-tree. If a resident alien buys a choice crop, he shall harvest it if he wishes. If a foreigner sojourning in the country desires to eat of the crop as he passes along the road, he, with one attendant, shall, if he wishes, take some of the choice fruit with-out price, as a gift of hospitality; but the law shall forbid our foreigners to share in the so-called coarse fruit, and the like; and should either a master or a slave touch these, in ignorance, the slave shall be punished with stripes, and the free man shall be sent off with a reproof and be instructed to touch only the other crop, which is unfitted for storing to make raisins for wine or dried figs. As to pears, apples, pomegranates, and all such fruits, it shall be no disgrace to take them privily; but the man that is caught at it, if he be under thirty years of age, shall be beaten and driven off without wounds; and for such blows a free man shall have no right to sue. A foreigner shall be allowed to share in these fruits in the same way as in the grape crop; and if a man above thirty touch them, eating on the spot and not taking any away, he shall have a share in all such fruits, like the foreigner; but if he disobeys the law, he shall be liable to be disqualified in seeking honors, in case anyone brings these facts to the notice of the judges at the time. Water above all else in a garden is nourishing; but it is easy to spoil. For while soil and sun and wind, which jointly with water nourish growing plants, are not easy to spoil by means of sorcery or diverting or theft, all these things may happen to water; hence it requires the assistance of law. Let this, then, be the law concerning it:—if anyone wantonly spoil another man’s water, whether in spring or in pond, by means of sorcery, digging, or theft, the injured party shall sue him before the city-stewards, recording the amount of the damage sustained; and whosoever is convicted of damaging by poisons shall, in addition to the fine, clean out the springs or the basin of the water, in whatever way the laws of the interpreters declare it right for the purification to be made on each occasion and for each plaintiff.
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.
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, 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.
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, 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.
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;
and if any does thus give it up, as it were on credit, he shall make the best of his bargain, 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.