1268b and moreover why are they not both to take food for themselves and to supply it to the soldiers direct from the land and from the same allotments? All these points therefore involve much confusion. Also the law about trials is unsatisfactory—the requirement that the verdict shall be given on separate counts when the charge in the indictment is single, and the conversion of the juror into an arbitrator. A qualified verdict is practicable in an arbitration even when there are several arbitrators (for they confer with one another about their verdict), but it is not practicable in the law-courts, but the contrary to this is actually provided for by most lawgivers, who prohibit consultation between the jurymen. Then the verdict will inevitably be a confused one when the juror thinks that the defendant is liable for damages but not in so large an amount as the plaintiff claims; for the plaintiff will sue for twenty minae¹ and the juror will adjudge ten minae (or the former some larger and the latter some smaller sum), and another juror five minae, and yet another four (and so they will obviously go on making fractions), while others will award the whole sum, and others nothing; what then will be the method of counting the votes? Again, nobody compels the juror to commit perjury who, if the indictment has been drawn in simple form, gives a simple verdict of acquittal or condemnation, and gives it justly; for the jurorwho gives a verdict of acquittal does not give judgement that the defendant owes nothing, but that he does not owe the twenty minae for which he is sued; it is only the juror who gives a verdict condemning the defendant when he does not think that he owes twenty minae who commits perjury. As for the view that an honor ought to be awarded to those who invent something advantageous to the state, legislation to this effect is not safe, but only specious to the ear; for it involves malicious prosecutions and, it may even happen, constitutional upheavals. And the matter leads to another problem and a different inquiry: some persons raise the question whether to alter the ancestral laws, supposing another law is better, is harmful or advantageous to states. Hence it is not easy to give a speedy agreement to the above proposal to honor reformers, if really it is disadvantageous to alter the laws; yet it is possible that persons may bring forward the repeal of laws or of the constitution as a benefit to the community. And since we have made mention of this question, it will be better if we set out a few further observations about it, for, as we said, it involves difficulty. And it might be thought that it would be better for alteration to take place; at all events in the other fields of knowledge this has proved beneficial—for example, medicine has been improved by being altered from the ancestral system, and gymnastic training, and in general all the arts and faculties so that since statesmanship also is to be counted as one of these, it is clear that the same thing necessarily holds good in regard to it as well. And it might be said that a sign of this has occurred in the actual events of history, for (one might argue) the laws of ancient times were too simple and uncivilized: the Hellenes, for instance, used both to carry arms and to purchase their wives from one another, and all the survivals of the customs of antiquity existing anywhere are utterly foolish,

1269aas for example at Cyme there is a law relating to trials for murder, that if the prosecutor on the charge of murder produces a certain number of his own relatives as witnesses, the defendant is guilty of the murder. And in general all men really seek what is good, not what was customary with their forefathers; and it is probable that primitive mankind, whether sprung from the earth² or the survivors of some destructive cataclysm,³ were just like ordinary foolish people, as indeed is actually said of the earth-born race, so that it is odd that we should abide by their notions. Moreover even written codes of law may with advantage not be left unaltered. For just as in the other arts as well, so with the structure of the state it is impossible that it should have been framed aright in all its details; for it must of necessity be couched in general terms, but our actions deal with particular things. These considerations therefore make it clear that it is proper for some laws sometimes to be altered. But if we consider the matter in another way, it would seem to be a thing that needs much caution. For when it is the case that the improvement would be small, but it is a bad thing to accustom men to repeal the laws lightly, it is clear that some mistakes both of the legislator and of the magistrate should be passed over; for the people will not be as much benefited by making an alteration as they will be harmed by becoming accustomed to distrust their rulers. Also, the example from the case of the arts is a mistake, as to change the practice of an art is a different thing from altering a law; for the law has no power to compel obedience beside the force of custom, and custom only grows up in long lapse of time, so that lightly to change from the existing laws to other new laws is to weaken the power of the law. Again, even if alteration of the laws is proper, are all the laws to be open to alteration, and in every form of constitution, or not? and is any chance person to be competent to introduce alterations or only certain people? for there is a great difference between these alternatives. Therefore let us abandon this inquiry for the present, since it belongs to other occasions.

On the subject of the constitution of Sparta and that of Crete, and virtually in regard to the other forms of constitution also, the questions that arise for consideration are two, one whether their legal structure has any feature that is admirable or the reverse in comparison with the best system, another whether it contains any provision that is really opposed to the fundamental principle and character of the constitution that the founders had in view.

Now it is a thing admitted that a state that is to be well governed must be provided with leisure from menial occupations; but how this is to be provided it is not easy to ascertain. The serf class in Thessaly repeatedly rose against its masters, and so did the Helots at Sparta, where they are like an enemy constantly sitting in wait for the disasters of the Spartiates. Nothing of the kind has hitherto occurred in Crete, the reason perhaps being that the neighboring cities,

1269beven when at war with one another, in no instance ally themselves with the rebels, because as they themselves also possess a serf class this would not be for their interest; whereas the Laconians were entirely surrounded by hostile neighbors, Argives, Messenians and Arcadians. For with the Thessalians too the serf risings originally began because they were still at war with their neighbors, the Achaeans, Perraebi and Magnesians. Also, apart from other drawbacks, the mere necessity of policing a serf class is an irksome burden—the problem of how intercourse with them is to be carried on: if allowed freedom they grow insolent and claim equal rights with their masters, and if made to live a hard life they plot against them and hate them. It is clear therefore that those whose helot-system works out in this way do not discover the best mode of treating the problem. Again, the freedom in regard to women is detrimental both in regard to the purpose of the constitution and in regard to the happiness of the state. For just as man and wife are part of a household, it is clear that the state also is divided nearly in half into its male and female population, so that in all constitutions in which the position of the women is badly regulated one half of the state must be deemed to have been neglected in framing the law. And this has taken place in the state under consideration,for the lawgiver wishing the whole city to be of strong character displays his intention clearly in relation to the men, but in the case of the women has entirely neglected the matter; for they live dissolutely⁴ in respect of every sort of dissoluteness, and luxuriously. So that the inevitable result is that in a state thus constituted wealth is held in honor, especially if it is the case that the people are under the sway of their women, as most of the military and warlike races are, except the Celts and such other races as have openly held in honor passionate friendship between males. For it appears that the original teller of the legend had good reason for uniting Ares with Aphrodite, for all men of martial spirit appear to be attracted to the companionship either of male associates or of women. Hence this characteristic existed among the Spartans, and in the time of their empire many things were controlled by the women; yet what difference does it make whether the women rule or the rulers are ruled by the women? The result is the same. And although bravery is of service for none of the regular duties of life, but if at all, in war, even in this respect the Spartans’ women were most harmful; and they showed this at the time of the Theban invasion,⁵ for they rendered no useful service, as the women do in other states, while they caused more confusion than the enemy. It is true therefore that at the outset the freedom allowed to women at Sparta seems to have come about with good reason,