Part 10 (2/2)

CHAPTER II

Now the foundation of a democratical state is liberty, and people have been accustomed to say this as if here only liberty was to be found; for they affirm that this is the end proposed by every democracy. But one part of liberty is to govern and be governed alternately; for, according to democratical justice, equality is measured by numbers, and not by worth: and this being just, it is necessary that the supreme power should be vested in the people at large; and that what the majority determine should be final: so that in a democracy the poor ought to have more power than the rich, as being the greater number; for this is one mark of liberty which all framers of a democracy lay down as a criterion of that state; another is, to live as every one likes; for this, they say, is a right which liberty gives, since he is a slave who must live as he likes not. This, then, is another criterion of a democracy. Hence arises the claim to be under no command whatsoever to any one, upon any account, any otherwise than by rotation, and that just as far only as that person is, in his turn, under his also. This also is conducive to that equality which liberty demands. These things being premised, and such being the government, it follows that such rules as the following should be observed in it, that all the magistrates should be chosen out of all the people, and all to command each, and each in his turn all: that all the magistrates should be chosen by lot, except to those offices only which required some particular knowledge and skill: that no census, or a very small one, should be required to qualify a man for any office: that none should be in the same employment twice, or very few, and very seldom, except in the army: that all their appointments should be limited to a very short time, or at least as many as possible: that the whole community should be qualified to judge in all causes whatsoever, let the object be ever so extensive, ever so interesting, or of ever so high a nature; as at Athens, where the people at large judge the magistrates when they come out of office, and decide concerning public affairs as well as private contracts: that the supreme power should be in the public a.s.sembly; and that no magistrate should be allowed any discretionary power but in a few instances, and of no consequence to public business. Of all magistrates a senate is best suited to a democracy, where the whole community is not paid for giving their attendance; for in that case it loses its power; for then the people will bring all causes before them, by appeal, as we have already mentioned in a former book. In the next place, there should, if possible, be a fund to pay all the citizens--who have any share in the management of public affairs, either as members of the a.s.sembly, judges, and magistrates; but if this cannot be done, at least the magistrates, the judges the senators, and members of the supreme a.s.sembly, and also those officers who are obliged to eat at a common table ought to be paid. Moreover, as an oligarchy is said to be a government of men of family, fortune, and education; so, on the contrary, a democracy is a government in the hands of men of no birth, indigent circ.u.mstances, and mechanical employments. In this state also no office [1318a] should be for life; and, if any such should remain after the government has been long changed into a democracy, they should endeavour by degrees to diminish the power; and also elect by lot instead of vote. These things, then, appertain to all democracies; namely, to be established on that principle of justice which is h.o.m.ogeneous to those governments; that is, that all the members of the state, by number, should enjoy an equality, which seems chiefly to const.i.tute a democracy, or government of the people: for it seems perfectly equal that the rich should have no more share in the government than the poor, nor be alone in power; but that all should be equal, according to number; for thus, they think, the equality and liberty of the state best preserved.

CHAPTER III

In the next place we must inquire how this equality is to be procured.

Shall the qualifications be divided so that five hundred rich should be equal to a thousand poor, or shall the thousand have equal power with the five hundred? or shall we not establish our equality in this manner?

but divide indeed thus, and afterwards taking an equal number both out of the five hundred and the thousand, invest them with the power of creating the magistrates and judges. Is this state then established according to perfect democratical justice, or rather that which is guided by numbers only? For the defenders of a democracy say, that that is just which the majority approve of: but the favourers of an oligarchy say, that that is just which those who have most approve of; and that we ought to be directed by the value of property. Both the propositions are unjust; for if we agree with what the few propose we erect a tyranny: for if it should happen that an individual should have more than the rest who are rich, according to oligarchical justice, this man alone has a right to the supreme power; but if superiority of numbers is to prevail, injustice will then be done by confiscating the property of the rich, who are few, as we have already said. What then that equality is, which both parties will admit, must be collected from the definition of right which is common to them both; for they both say that what the majority of the state approves of ought to be established. Be it so; but not entirely: but since a city happens to be made up of two different ranks of people, the rich and the poor, let that be established which is approved of by both these, or the greater part: but should there be opposite sentiments, let that be established which shall be approved of by the greater part: but let this be according to the census; for instance, if there should be ten of the rich and twenty of the poor, and six of the first and fifteen of the last should agree upon any measure, and the remaining four of the rich should join with the remaining five of the poor in opposing it, that party whose census when added together should determine which opinion should be law, and should these happen to be equal, it should be regarded as a case similar to an a.s.sembly or court of justice dividing equally upon any question that comes before them, who either determine it by lot or some such method. But although, with [1318b] respect to what is equal and just, it may be very difficult to establish the truth, yet it is much easier to do than to persuade those who have it in their power to encroach upon others to be guided thereby; for the weak always desire what is equal and just, but the powerful pay no regard thereunto.

CHAPTER IV

There are four kinds of democracies. The best is that which is composed of those first in order, as we have already said, and this also is the most ancient of any. I call that the first which every one would place so, was he to divide the people; for the best part of these are the husbandmen. We see, then, that a democracy may be framed where the majority live by tillage or pasturage; for, as their property is but small, they will not be at leisure perpetually to hold public a.s.semblies, but will be continually employed in following their own business, not having otherwise the means of living; nor will they be desirous of what another enjoys, but will rather like to follow their own business than meddle with state affairs and accept the offices of government, which will be attended with no great profit; for the major part of mankind are rather desirous of riches than honour (a proof of this is, that they submitted to the tyrannies in ancient times, and do now submit to the oligarchies, if no one hinders them in their usual occupations, or deprives them of their property; for some of them soon get rich, others are removed from poverty); besides, their having the right of election and calling their magistrates to account for their conduct when they come out of office, will satisfy their desire of honours, if any of them entertain that pa.s.sion: for in some states, though the commonalty have not the right of electing the magistrates, yet it is vested in part of that body chosen to represent them: and it is sufficient for the people at large to possess the deliberative power: and this ought to be considered as a species of democracy; such was that formerly at Mantinsea: for which reason it is proper for the democracy we have been now treating of to have a power (and it has been usual for them to have it) of censuring their magistrates when out of office, and sitting in judgment upon all causes: but that the chief magistrates should be elected, and according to a certain census, which should vary with the rank of their office, or else not by a census, but according to their abilities for their respective appointments. A state thus const.i.tuted must be well const.i.tuted; for the magistracies will be always filled with the best men with the approbation of the people; who will not envy their superiors: and these and the n.o.bles should be content with this part in the administration; for they will not be governed by their inferiors. They will be also careful to use their power with moderation, as there are others to whom full power is delegated to censure their conduct; for it is very serviceable to the state to have them dependent upon others, and not to be permitted to do whatsoever they choose; for with such a liberty there would be no check to that evil particle there is in every one: therefore it is [1319a]

necessary and most for the benefit of the state that the offices thereof should be filled by the princ.i.p.al persons in it, whose characters are unblemished, and that the people are not oppressed. It is now evident that this is the best species of democracy, and on what account; because the people are such and have such powers as they ought to have. To establish a democracy of husbandmen some of those laws which were observed in many ancient states are universally useful; as, for instance, on no account to permit any one to possess more than a certain quant.i.ty of land, or within a certain distance from the city. Formerly also, in some states, no one was allowed to sell their original lot of land. They also mention a law of one Oxylus, which forbade any one to add to their patrimony by usury. We ought also to follow the law of the Aphutaeans, as useful to direct us in this particular we are now speaking of; for they having but very little ground, while they were a numerous people, and at the same time were all husbandmen, did not include all their lands within the census, but divided them in such a manner that, according to the census, the poor had more power than the rich. Next to the commonalty of husbandmen is one of shepherds and herdsmen; for they have many things in common with them, and, by their way of life, are excellently qualified to make good soldiers, stout in body, and able to continue in the open air all night. The generality of the people of whom other democracies are composed are much worse than these; for their lives are wretched nor have they any business with virtue in anything they do; these are your mechanics, your exchange-men, and hired servants; as all these sorts of men frequent the exchange and the citadel, they can readily attend the public a.s.sembly; whereas the husbandmen, being more dispersed in the country, cannot so easily meet together; nor are they equally desirous of doing it with these others!

When a country happens to be so situated that a great part of the land lies at a distance from the city, there it is easy to establish a good democracy or a free state for the people in general will be obliged to live in the country; so that it will be necessary in such a democracy, though there may be an exchange-mob at hand, never to allow a legal a.s.sembly without the inhabitants of the country attend. We have shown in what manner the first and best democracy ought to be established, and it will be equally evident as to the rest, for from these we [1319b] should proceed as a guide, and always separate the meanest of the people from the rest. But the last and worst, which gives to every citizen without distinction a share in every part of the administration, is what few citizens can bear, nor is it easy to preserve for any long time, unless well supported by laws and manners. We have already noticed almost every cause that can destroy either this or any other state. Those who have taken the lead in such a democracy have endeavoured to support it, and make the people powerful by collecting together as many persons as they could and giving them their freedom, not only legitimately but naturally born, and also if either of their parents were citizens, that is to say, if either their father or mother; and this method is better suited to this state than any other: and thus the demagogues have usually managed.

They ought, however, to take care, and do this no longer than the common people are superior to the n.o.bles and those of the middle rank, and then stop; for, if they proceed still further, they will make the state disorderly, and the n.o.bles will ill brook the power of the common people, and be full of resentment against it; which was the cause of an insurrection at Cyrene: for a little evil is overlooked, but when it becomes a great one it strikes the eye. It is, moreover, very-useful in such a state to do as Clisthenes did at Athens, when he was desirous of increasing the power of the people, and as those did who established the democracy in Cyrene; that is, to inst.i.tute many tribes and fraternities, and to make the religious rites of private persons few, and those common; and every means is to be contrived to a.s.sociate and blend the people together as much as possible; and that all former customs be broken through. Moreover, whatsoever is practised in a tyranny seems adapted to a democracy of this species; as, for instance, the licentiousness of the slaves, the women, and the children; for this to a certain degree is useful in such a state; and also to overlook every one's living as they choose; for many will support such a government: for it is more agreeable to many to live without any control than as prudence would direct.

CHAPTER V

It is also the business of the legislator and all those who would support a government of this sort not to make it too great a work, or too perfect; but to aim only to render it stable: for, let a state be const.i.tuted ever so badly, there is no difficulty in its continuing a few days: they should therefore endeavour to procure its safety by all those ways which we have described in a.s.signing the causes of the preservation and destruction of governments; avoiding what is hurtful, and by framing such laws, written and unwritten, as contain those things which chiefly tend to the preservation of the state; nor to suppose that that is useful either for a democratic or [1320a] an oligarchic form of government which contributes to make them more purely so, but what will contribute to their duration: but our demagogues at present, to flatter the people, occasion frequent confiscations in the courts; for which reason those who have the welfare of the state really at heart should act directly opposite to what they do, and enact a law to prevent forfeitures from being divided amongst the people or paid into the treasury, but to have them set apart for sacred uses: for those who are of a bad disposition would not then be the less cautious, as their punishment would be the same; and the community would not be so ready to condemn those whom they sat in judgment on when they were to get nothing by it: they should also take care that the causes which are brought before the public should be as few as possible, and punish with the utmost severity those who rashly brought an action against any one; for it is not the commons but the n.o.bles who are generally prosecuted: for in all things the citizens of the same state ought to be affectionate to each other, at least not to treat those who have the chief power in it as their enemies. Now, as the democracies which have been lately established are very numerous, and it is difficult to get the common people to attend the public a.s.semblies without they are paid for it, this, when there is not a sufficient public revenue, is fatal to the n.o.bles; for the deficiencies therein must be necessarily made up by taxes, confiscations, and fines imposed by corrupt courts of justice: which things have already destroyed many democracies. Whenever, then, the revenues of the state are small, there should be but few public a.s.semblies and but few courts of justice: these, however, should have very extensive jurisdictions, but should continue sitting a few days only, for by this means the rich would not fear the expense, although they should receive nothing for their attendance, though the poor did; and judgment also would be given much better; for the rich will not choose to be long absent from their own affairs, but will willingly be so for a short time: and, when there are sufficient revenues, a different conduct ought to be pursued from what the demagogues at present follow; for now they divide the surplus of the public money amongst the poor; these receive it and again want the same supply, while the giving it is like pouring water into a sieve: but the true patriot in a democracy ought to take care that the majority of the community are not too poor, for this is the cause of rapacity in that government; he therefore should endeavour that they may enjoy perpetual plenty; and as this also is advantageous to the rich, what can be saved out of the public money should be put by, and then divided at once amongst the poor, if possible, in such a quant.i.ty as may enable every one of them to purchase a little field, and, if that cannot be done, at least to give each of them enough to procure the implements [1320b] of trade and husbandry; and if there is not enough for all to receive so much at once, then to divide it according to tribes or any other allotment. In the meantime let the rich pay them for necessary services, but not be obliged to find them in useless amus.e.m.e.nts. And something like this was the manner in which they managed at Carthage, and preserved the affections of the people; for by continually sending some of their community into colonies they procured plenty. It is also worthy of a sensible and generous n.o.bility to divide the poor amongst them, and supplying them with what is necessary, induce them to work; or to imitate the conduct of the people at Tarentum: for they, permitting the poor to partake in common of everything which is needful for them, gain the affections of the commonalty. They have also two different ways of electing their magistrates; for some are chosen by vote, others by lot; by the last, that the people at large may have some share in the administration; by the former, that the state may be well governed: the same may be accomplished if of the same magistrates you choose some by vote, others by lot. And thus much for the manner in which democracies ought to be established.

CHAPTER VI

What has been already said will almost of itself sufficiently show how an oligarchy ought to be founded; for he who would frame such a state should have in his view a democracy to oppose it; for every species of oligarchy should be founded on principles diametrically opposite to some species of democracy.

The first and best-framed oligarchy is that which approaches near to what we call a free state; in which there ought to be two different census, the one high, the other low: from those who are within the latter the ordinary officers of the state ought to be chosen; from the former the supreme magistrates: nor should any one be excluded from a part of the administration who was within the census; which should be so regulated that the commonalty who are included in it should by means thereof be superior to those who have no share in the government; for those who are to have the management of public affairs ought always to be chosen out of the better sort of the people. Much in the same manner ought that oligarchy to be established which is next in order: but as to that which is most opposite to a pure democracy, and approaches nearest to a dynasty and a tyranny, as it is of all others the worst, so it requires the greatest care and caution to preserve it: for as bodies of sound and healthy const.i.tutions and s.h.i.+ps which are well manned and well found for sailing can bear many injuries without peris.h.i.+ng, while a diseased body or a leaky s.h.i.+p with an indifferent crew cannot support the [1321a] least shock; so the worst-established governments want most looking after. A number of citizens is the preservation of a democracy; for these are opposed to those rights which are founded in rank: on the contrary, the preservation of an oligarchy depends upon the due regulation of the different orders in the society.

CHAPTER VII

As the greater part of the community are divided into four sorts of people; husbandmen, mechanics, traders, and hired servants; and as those who are employed in war may likewise be divided into four; the hors.e.m.e.n, the heavy-armed soldier, the light-armed, and the sailor, where the nature of the country can admit a great number of horse; there a powerful oligarchy may be easily established: for the safety of the inhabitants depends upon a force of that sort; but those who can support the expense of hors.e.m.e.n must be persons of some considerable fortune.

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