1273a and they have already injured the Spartan State.

Most of the points therefore in the Carthaginian system that would be criticized on the ground of their divergences happen to be common to all the constitutions of which we have spoken; but the features open to criticism as judged by the principle of an aristocracy or republic are some of them departures in the direction of democracy and others in the direction of oligarchy. The reference of some matters and not of others to the popular assembly rests with the kings in consultation with the Elders in case they agree¹ unanimously, but failing that, these matters also lie with the people²; and when the kings introduce business in the assembly, they do not merely let the people sit and listen to the decisions that have been taken by their rulers, but the people have the sovereign decision, and anybody who wishes may speak against the proposals introduced, a right that does not exist under the other constitutions. The appointment by co-optation of the Boards of Five which control many important matters, and the election by these boards of the supreme magistracy of the Hundred, and also their longer tenure of authority than that of any other officers (for they are in power after they have gone out of office and before they have actually entered upon it) are oligarchical features; their receiving no pay and not being chosen by lot and other similar regulations must be set down as aristocratic, and so must the fact that the members of the Boards are the judges in all lawsuits,instead of different suits being tried by different courts as at Sparta. But the Carthaginian system diverges from aristocracy in the direction of oligarchy most signally in respect of a certain idea that is shared by the mass of mankind; they think that the rulers should be chosen not only for their merit but also for their wealth, as it is not possible for a poor man to govern well or to have leisure for his duties. If therefore election by wealth is oligarchical and election by merit aristocratic, this will be a third system exhibited in the organization of the constitution of Carthage, for there elections are made with an eye to these two qualifications, and especially elections to the most important offices, those of the kings and of the generals. But it must be held that this divergence from aristocracy is an error on the part of a lawgiver; for one of the most important points to keep in view from the outset is that the best citizens may be able to have leisure and may not have to engage in any unseemly occupation, not only when in office but also when living in private life. And if it is necessary to look to the question of means for the sake of leisure, it is a bad thing that the greatest offices of state, the kingship and the generalship, should be for sale. For this law makes wealth more honored than worth, and renders the whole state avaricious; and whatever the holders of supreme power deem honorable, the opinion of the other citizens also is certain to follow them, and a state in which virtue is not held in the highest honor 1273bcannot be securely governed by an aristocracy.

And it is probable that those who purchase office will learn by degrees to make a profit out of it, when they hold office for money spent; for it would be odd if a man of small means but respectable should want to make a profit but an inferior person when he has spent money to get elected should not want to. Hence the persons who should be in office are those most capable of holding office. And even if the lawgiver neglected to secure comfortable means for respectable people, it would at all events be better that he should provide for their leisure while in office.

And it might also be thought a bad thing for the same person to hold several offices, which is considered a distinction at Carthage. One man one job is the best rule for efficiency, and the lawgiver ought to see that this may be secured, and not appoint the same man to play the flute and make shoes. Hence except in a small city it is more statesmanlike for a larger number to share in the offices and more democratic, for it is fairer to all, as we said, and also functions are performed better and more quickly when separate than by the same people. This is clear in military and naval matters; for in both of these departments command and subordination penetrate throughout almost the whole body.³

But the constitution being oligarchical they best escape the dangers by being wealthy, as they constantly send out a portion of the common people toappointments in the cities; by this means they heal the social sore and make the constitution stable. However, this is the achievement of fortune, whereas freedom from civil strife ought to be secured by the lawgiver; but as it is, suppose some misfortune occurs and the multitude of the subject class revolts, there is no remedy provided by the laws to restore tranquillity.

This then is the character of the Spartan, Cretan and Carthaginian constitutions, which are justly famous.

Of those that have put forward views about politics, some have taken no part in any political activities whatever but have passed their whole life as private citizens; and something has been said about almost all the writers of this class about whom there is anything noteworthy. Some on the other hand have been lawgivers, either for their native cities or even for certain foreign peoples, after having themselves been actively engaged in government; and of these some have been framers of laws only, and others of a constitution also, for instance Solon and Lycurgus, who instituted both laws and constitutions. The Spartan constitution has been discussed. As for Solon, he is considered by some people to have been a good lawgiver, as having put an end to oligarchy when it was too unqualified and having liberated the people from slavery and restored the ancestral democracy with a skilful blending of the constitution: the Council on the Areopagus being an oligarchic element, the elective magistracies aristocratic and the law-courts democratic.

And although really in regard to certain of these features, the Council and the election of magistrates, 1274aSolon seems merely to have abstained from destroying institutions that existed already, he does appear to have founded the democracy by constituting the jury-courts from all the citizens. For this he is actually blamed by some persons, as having dissolved the power of the other parts of the community by making the law-court, which was elected by lot, all-powerful. For as the law-court grew strong, men courted favor with the people as with a tyrant, and so brought the constitution to the present democracy; and Ephialtes and Pericles docked the power of the Council on the Areopagus, while Pericles instituted payment for serving in the law-courts, and in this manner finally the successive leaders of the people led them on by growing stages to the present democracy. But this does not seem to have come about in accordance with the intention of Solon, but rather as a result of accident (for the common people having been the cause of the naval victories at the time of the Persian invasion became proud and adopted bad men as popular leaders when the respectable classes opposed their policy); inasmuch as Solon for his part appears to bestow only the minimum of power upon the people, the function of electing the magistrates and of calling them to account (for if even this were not under the control of the populace it would be a mere slave and a foreign enemy), whereas he appointed all the offices from the notable and the wealthy, the Five-hundred-bushel classand the Teamsters and a third property-class called the Knighthood; while the fourth class, the Thetes, were admitted to no office.⁴

Laws were given⁵ by Zaleucus to the Epizephyrian⁶ Locrians and by Charondas⁷ of Catana to his fellow-citizens and to the other Chalcidic cities⁸ on the coasts of Italy and Sicily. Some persons try to connect Zaleucus and Charondas together: they say that Onomacritus first arose as an able lawgiver, and that he was trained in Crete, being a Locrian and travelling there to practise the art of soothsaying, and Thales became his companion, and Lycurgus and Zaleucus were pupils of Thales, and Charondas of Zaleucus; but these stories give too little attention to the dates. Philolaus of Corinth also arose as lawgiver at Thebes. Philolaus belonged by birth to the Bacchiad family; he became the lover of Diocles the winner⁹ at Olympia, but when Diocles quitted the city because of his loathing for the passion of his mother Alcyone, he went away to Thebes, and there they both ended their life. Even now people still show their tombs, in full view of each other and one of them fully open to view in the direction of the Corinthian country but the other one not; for the story goes that they arranged to be buried in this manner, Diocles owing to his hatred for his misfortune securing that the land of Corinth might not be visible from his tomb, and Philolaus that it might be from his.

1274b It was due then to a reason of this nature that they went to live at Thebes; but Philolaus became the Thebans’ lawgiver in regard to various matters, among others the size of families,—the laws called by the Thebans laws of adoption; about this Philolaus enacted special legislation, in order that the number of the estates in land might be preserved. There is nothing special in the code of Charondas except the trials for false witness (for he was the first to introduce the procedure of denunciation), but in the accuracy of his laws he is a more finished workman even than the legislators of today. (Peculiar to Phaleas¹⁰ is the measure for equalizing properties; to Plato,¹¹ community of wives and children and of property, and the common meals for the women, and also the law about drunkenness, enacting that sober persons are to be masters of the drinking-bouts, and the regulation for military training to make men ambidextrous during drill, on the ground that it is a mistake to have one of the two hands useful but the other useless.) There are laws of Draco,¹² but he legislated for an existing constitution, and there is nothing peculiar in his laws that is worthy of mention, except their severity in imposing heavy punishment. Pittacus¹³ also was a framer of laws, but not of a constitution; a special law of his is that if men commit any offence when drunk,they are to pay a larger fine than those who offend when sober; because since more men are insolent when drunk than when sober he had regard not to the view that drunken offenders are to be shown more mercy, but to expediency. Androdamas¹⁴ of Rhegium also became lawgiver to the Chalcidians in the direction of Thrace,¹⁵ and to him belong the laws dealing with cases of murder and with heiresses; however one cannot mention any provision that is peculiar to him.

Let such be our examination of the constitutional schemes actually in force and of those that have been proposed by certain persons.