judges

judge

Soc. And he who JUDGES of the good will be the same as he who JUDGES of the bad speakers ? ION

Tell the JUDGES, then, who is their improver ; for you must know, as you have taken the pains to discover their corrupter, and are citing and accusing me before them. Speak, then, and tell the JUDGES who their improver is. Observe, Meletus, that you are silent, and have nothing to say. But is not this rather disgraceful, and a very considerable proof of what I was saying, that you have no interest in the matter ? Speak up, friend, and tell us who their improver is. APOLOGY

The JUDGES, Socrates, who are present in court. APOLOGY

I assure you, JUDGES, that he does not believe in them ; for he says that the sun is stone, and the moon earth. APOLOGY

Friend Meletus, you think that you are accusing Anaxagoras ; and you have but a bad opinion of the JUDGES, if you fancy them ignorant to such a degree as not to know that those doctrines are found in the books of Anaxagoras the Clazomenian, who is full of them. And these are the doctrines which the youth are said to learn of Socrates, when there are not unfrequently exhibitions of them at the theatre (price of admission one drachma at the most) ; and they might cheaply purchase them, and laugh at Socrates if he pretends to father such eccentricities. And so, Meletus, you really think that I do not believe in any god ? APOLOGY

And now, O men who have condemned me, I would fain prophesy to you ; for I am about to die, and that is the hour in which men are gifted with prophetic power. And I prophesy to you who are my murderers, that immediately after my death punishment far heavier than you have inflicted on me will surely await you. Me you have killed because you wanted to escape the accuser, and not to give an account of your lives. But that will not be as you suppose : far otherwise. For I say that there will be more accusers of you than there are now ; accusers whom hitherto I have restrained : and as they are younger they will be more severe with you, and you will be more offended at them. For if you think that by killing men you can avoid the accuser censuring your lives, you are mistaken ; that is not a way of escape which is either possible or honorable ; the easiest and noblest way is not to be crushing others, but to be improving yourselves. This is the prophecy which I utter before my departure, to the JUDGES who have condemned me. APOLOGY

Friends, who would have acquitted me, I would like also to talk with you about this thing which has happened, while the magistrates are busy, and before I go to the place at which I must die. Stay then awhile, for we may as well talk with one another while there is time. You are my friends, and I should like to show you the meaning of this event which has happened to me. O my JUDGES — for you I may truly call JUDGES — I should like to tell you of a wonderful circumstance. Hitherto the familiar oracle within me has constantly been in the habit of opposing me even about trifles, if I was going to make a slip or error about anything ; and now as you see there has come upon me that which may be thought, and is generally believed to be, the last and worst evil. But the oracle made no sign of opposition, either as I was leaving my house and going out in the morning, or when I was going up into this court, or while I was speaking, at anything which I was going to say ; and yet I have often been stopped in the middle of a speech ; but now in nothing I either said or did touching this matter has the oracle opposed me. What do I take to be the explanation of this ? I will tell you. I regard this as a proof that what has happened to me is a good, and that those of us who think that death is an evil are in error. This is a great proof to me of what I am saying, for the customary sign would surely have opposed me had I been going to evil and not to good. APOLOGY

Let us reflect in another way, and we shall see that there is great reason to hope that death is a good, for one of two things : — either death is a state of nothingness and utter unconsciousness, or, as men say, there is a change and migration of the soul from this world to another. Now if you suppose that there is no consciousness, but a sleep like the sleep of him who is undisturbed even by the sight of dreams, death will be an unspeakable gain. For if a person were to select the night in which his sleep was undisturbed even by dreams, and were to compare with this the other days and nights of his life, and then were to tell us how many days and nights he had passed in the course of his life better and more pleasantly than this one, I think that any man, I will not say a private man, but even the great king, will not find many such days or nights, when compared with the others. Now if death is like this, I say that to die is gain ; for eternity is then only a single night. But if death is the journey to another place, and there, as men say, all the dead are, what good, O my friends and JUDGES, can be greater than this ? If indeed when the pilgrim arrives in the world below, he is delivered from the professors of justice in this world, and finds the true JUDGES who are said to give judgment there, Minos and Rhadamanthus and Aeacus and Triptolemus, and other sons of God who were righteous in their own life, that pilgrimage will be worth making. What would not a man give if he might converse with Orpheus and Musaeus and Hesiod and Homer ? Nay, if this be true, let me die again and again. I, too, shall have a wonderful interest in a place where I can converse with Palamedes, and Ajax the son of Telamon, and other heroes of old, who have suffered death through an unjust judgment ; and there will be no small pleasure, as I think, in comparing my own sufferings with theirs. Above all, I shall be able to continue my search into true and false knowledge ; as in this world, so also in that ; I shall find out who is wise, and who pretends to be wise, and is not. What would not a man give, O JUDGES, to be able to examine the leader of the great Trojan expedition ; or Odysseus or Sisyphus, or numberless others, men and women too ! What infinite delight would there be in conversing with them and asking them questions ! For in that world they do not put a man to death for this ; certainly not. For besides being happier in that world than in this, they will be immortal, if what is said is true. APOLOGY

Wherefore, O JUDGES, be of good cheer about death, and know this of a truth — that no evil can happen to a good man, either in life or after death. He and his are not neglected by the gods ; nor has my own approaching end happened by mere chance. But I see clearly that to die and be released was better for me ; and therefore the oracle gave no sign. For which reason also, I am not angry with my accusers, or my condemners ; they have done me no harm, although neither of them meant to do me any good ; and for this I may gently blame them. APOLOGY

“For just consider, if you transgress and err in this sort of way, what good will you do, either to yourself or to your friends ? That your friends will be driven into exile and deprived of citizenship, or will lose their property, is tolerably certain ; and you yourself, if you fly to one of the neighboring cities, as, for example, Thebes or Megara, both of which are well-governed cities, will come to them as an enemy, Socrates, and their government will be against you, and all patriotic citizens will cast an evil eye upon you as a subverter of the laws, and you will confirm in the minds of the JUDGES the justice of their own condemnation of you. For he who is a corrupter of the laws is more than likely to be corrupter of the young and foolish portion of mankind. Will you then flee from well-ordered cities and virtuous men ? and is existence worth having on these terms ? Or will you go to them without shame, and talk to them, Socrates ? And what will you say to them ? What you say here about virtue and justice and institutions and laws being the best things among men ? Would that be decent of you ? Surely not. But if you go away from well-governed States to Crito’s friends in Thessaly, where there is great disorder and license, they will be charmed to have the tale of your escape from prison, set off with ludicrous particulars of the manner in which you were wrapped in a goatskin or some other disguise, and metamorphosed as the fashion of runaways is — that is very likely ; but will there be no one to remind you that in your old age you violated the most sacred laws from a miserable desire of a little more life ? Perhaps not, if you keep them in a good temper ; but if they are out of temper you will hear many degrading things ; you will live, but how ? — as the flatterer of all men, and the servant of all men ; and doing what ? — eating and drinking in Thessaly, having gone abroad in order that you may get a dinner. And where will be your fine sentiments about justice and virtue then ? Say that you wish to live for the sake of your children, that you may bring them up and educate them — will you take them into Thessaly and deprive them of Athenian citizenship ? Is that the benefit which you would confer upon them ? Or are you under the impression that they will be better cared for and educated here if you are still alive, although absent from them ; for that your friends will take care of them ? Do you fancy that if you are an inhabitant of Thessaly they will take care of them, and if you are an inhabitant of the other world they will not take care of them ? Nay ; but if they who call themselves friends are truly friends, they surely will. CRITO

And he who JUDGES rightly will judge of the physician as a physician in what relates to these ? CHARMIDES

Lysimachus. You have seen the exhibition of the man fighting in armour, Nicias and Laches, but we did not tell you at the time the reason why my friend Melesias and I asked you to go with us and see him. I think that we may as well confess what this was, for we certainly ought not to have any reserve with you. The reason was, that we were intending to ask your advice. Some laugh at the very notion of advising others, and when they are asked will not say what they think. They guess at the wishes of the person who asks them, and answer according to his, and not according to their own, opinion. But as we know that you are good JUDGES, and will say exactly what you think, we have taken you into our counsels. The matter about which I am making all this preface is as follows : Melesias and I have two sons ; that is his son, and he is named Thucydides, after his grandfather ; and this is mine, who is also called after his grandfather, Aristides. Now, we are resolved to take the greatest care of the youths, and not to let them run about as they like, which is too often the way with the young, when they are no longer children, but to begin at once and do the utmost that we can for them. And knowing you to have sons of your own, we thought that you were most likely to have attended to their training and improvement, and, if perchance you have not attended to them, we may remind you that you ought to have done so, and would invite you to assist us in the fulfillment of a common duty. I will tell you, Nicias and Laches, even at the risk of being tedious, how we came to think of this. Melesias and I live together, and our sons live with us ; and now, as I was saying at first, we are going to confess to you. Both of us often talk to the lads about the many noble deeds which our own fathers did in war and peace — in the management of the allies, and in the administration of the city ; but neither of us has any deeds of his own which he can show. The truth is that we are ashamed of this contrast being seen by them, and we blame our fathers for letting us be spoiled in the days of our youth, while they were occupied with the concerns of others ; and we urge all this upon the lads, pointing out to them that they will not grow up to honour if they are rebellious and take no pains about themselves ; but that if they take pains they may, perhaps, become worthy of the names which they bear. They, on their part, promise to comply with our wishes ; and our care is to discover what studies or pursuits are likely to be most improving to them. Some one commended to us the art of fighting in armour, which he thought an excellent accomplishment for a young man to learn ; and he praised the man whose exhibition you have seen, and told us to go and see him. And we determined that we would go, and get you to accompany us ; and we were intending at the same time, if you did not object, to take counsel with you about the education of our sons. That is the matter which we wanted to talk over with you ; and we hope that you will give us your opinion about this art of fighting in armour, and about any other studies or pursuits which may or may not be desirable for a young man to learn. Please to say whether you agree to our proposal. LACHES

Soc. I understand ; you mean to say that I am not so quick of apprehension as the JUDGES : for to them you will be sure to prove that the act is unjust, and hateful to the gods. EUTHYPHRO

Gor. What is there greater than the word which persuades the JUDGES in the courts, or the senators in the council, or the citizens in the assembly, or at any other political meeting ? — if you have the power of uttering this word, you will have the physician your slave, and the trainer your slave, and the money-maker of whom you talk will be found to gather treasures, not for himself, but for you who are able to speak and to persuade the multitude. GORGIAS

Soc. And now I will endeavour to explain to you more clearly what I mean : The soul and body being two, have two arts corresponding to them : there is the art of politics attending on the soul ; and another art attending on the body, of which I know no single name, but which may be described as having two divisions, one of them gymnastic, and the other medicine. And in politics there is a legislative part, which answers to gymnastic, as justice does to medicine ; and the two parts run into one another, justice having to do with the same subject as legislation, and medicine with the same subject as gymnastic, but with a difference. Now, seeing that there are these four arts, two attending on the body and two on the soul for their highest good ; flattery knowing, or rather guessing their natures, has distributed herself into four shams or simulations of them ; she puts on the likeness of some one or other of them, and pretends to be that which she simulates, and having no regard for men’s highest interests, is ever making pleasure the bait of the unwary, and deceiving them into the belief that she is of the highest value to them. Cookery simulates the disguise of medicine, and pretends to know what food is the best for the body ; and if the physician and the cook had to enter into a competition in which children were the JUDGES, or men who had no more sense than children, as to which of them best understands the goodness or badness of food, the physician would be starved to death. A flattery I deem this to be and of an ignoble sort, Polus, for to you I am now addressing myself, because it aims at pleasure without any thought of the best. An art I do not call it, but only an experience, because it is unable to explain or to give a reason of the nature of its own applications. And I do not call any irrational thing an art ; but if you dispute my words, I am prepared to argue in defence of them. GORGIAS

Pol. To the JUDGES, you mean. GORGIAS

Soc. And I too shall be treated in the same way, as I well know, if I am brought before the court. For I shall not be able to rehearse to the people the pleasures which I have procured for them, and which, although I am not disposed to envy either the procurers or enjoyers of them, are deemed by them to be benefits and advantages. And if any one says that I corrupt young men, and perplex their minds, or that I speak evil of old men, and use bitter words towards them, whether in private or public, it is useless for me to reply, as I truly might : — “All this I do for the sake of justice, and with a view to your interest, my JUDGES, and to nothing else.” And therefore there is no saying what may happen to me. GORGIAS

Soc. Listen, then, as story-tellers say, to a very pretty tale, which I dare say that you may be disposed to regard as a fable only, but which, as I believe, is a true tale, for I mean to speak the truth. Homer tells us, how Zeus and Poseidon and Pluto divided the empire which they inherited from their father. Now in the days of Cronos there existed a law respecting the destiny of man, which has always been, and still continues to be in Heaven — that he who has lived all his life in justice and holiness shall go, when he is dead, to the Islands of the Blessed, and dwell there in perfect happiness out of the reach of evil ; but that he who has lived unjustly and impiously shall go to the house of vengeance and punishment, which is called Tartarus. And in the time of Cronos, and even quite lately in the reign of Zeus, the judgment was given on the very day on which the men were to die ; the JUDGES were alive, and the men were alive ; and the consequence was that the judgments were not well given. Then Pluto and the authorities from the Islands of the Blessed came to Zeus, and said that the souls found their way to the wrong places. Zeus said : “I shall put a stop to this ; the judgments are not well given, because the persons who are judged have their clothes on, for they are alive ; and there are many who, having evil souls, are apparelled in fair bodies, or encased in wealth or rank, and, when the day of judgment arrives, numerous witnesses come forward and testify on their behalf that they have lived righteously. The JUDGES are awed by them, and they themselves too have their clothes on when judging ; their eyes and ears and their whole bodies are interposed as a well before their own souls. All this is a hindrance to them ; there are the clothes of the JUDGES and the clothes of the judged — What is to be done ? I will tell you : — In the first place, I will deprive men of the foreknowledge of death, which they possess at present : this power which they have Prometheus has already received my orders to take from them : in the second place, they shall be entirely stripped before they are judged, for they shall be judged when they are dead ; and the judge too shall be naked, that is to say, dead — he with his naked soul shall pierce into the other naked souls ; and they shall die suddenly and be deprived of all their kindred, and leave their brave attire strewn upon the earth — conducted in this manner, the judgment will be just. I knew all about the matter before any of you, and therefore I have made my sons JUDGES ; two from Asia, Minos and Rhadamanthus, and one from Europe, Aeacus. And these, when they are dead, shall give judgment in the meadow at the parting of the ways, whence the two roads lead, one to the Islands of the Blessed, and the other to Tartarus. Rhadamanthus shall judge those who come from Asia, and Aeacus those who come from Europe. And to Minos I shall give the primacy, and he shall hold a court of appeal, in case either of the two others are in any doubt : — then the judgment respecting the last journey of men will be as just as possible.” GORGIAS

Do you think, Socrates, said Agathon, that my head is so full of the theatre as not to know how much more formidable to a man of sense a few good JUDGES are than many fools ? SYMPOSIUM

When the lamp was put out and the servants had gone away, I thought that I must be plain with him and have no more ambiguity. So I gave him a shake, and I said : “Socrates, are you asleep ?” “No,” he said. “Do you know what I am meditating ? “What are you meditating ?” he said. “I think,” I replied, “that of all the lovers whom I have ever had you are the only one who is worthy of me, and you appear to be too modest to speak. Now I feel that I should be a fool to refuse you this or any other favour, and therefore I come to lay at your feet all that I have and all that my friends have, in the hope that you will assist me in the way of virtue, which I desire above all things, and in which I believe that you can help me better than any one else. And I should certainly have more reason to be ashamed of what wise men would say if I were to refuse a favour to such as you, than of what the world who are mostly fools, would say of me if I granted it.” To these words he replied in the ironical manner which is so characteristic of him : “Alcibiades, my friend, you have indeed an elevated aim if what you say is true, and if there really is in me any power by which you may become better ; truly you must see in me some rare beauty of a kind infinitely higher than any which I see in you. And therefore, if you mean to share with me and to exchange beauty for beauty, you will have greatly the advantage of me ; you will gain true beauty in return for appearance — like Diomede, gold in exchange for brass. But look again, sweet friend, and see whether you are not deceived in me. The mind begins to grow critical when the bodily eye fails, and it will be a long time before you get old.” Hearing this, I said : “I have told you my purpose, which is quite serious, and do you consider what you think best for you and me.” “That is good,” he said ; “at some other time then we will consider and act as seems best about this and about other matters.” Whereupon, I fancied that was smitten, and that the words which I had uttered like arrows had wounded him, and so without waiting to hear more I got up, and throwing my coat about him crept under his threadbare cloak, as the time of year was winter, and there I lay during the whole night having this wonderful monster in my arms. This again, Socrates, will not be denied by you. And yet, notwithstanding all, he was so superior to my solicitations, so contemptuous and derisive and disdainful of my beauty — which really, as I fancied, had some attractions — hear, O JUDGES ; for JUDGES you shall be of the haughty virtue of Socrates — nothing more happened, but in the morning when I awoke (let all the gods and goddesses be my witnesses) I arose as from the couch of a father or an elder brother. SYMPOSIUM

Then I must try to make a better impression upon you than I did when defending myself before the JUDGES. For I am quite ready to acknowledge, Simmias and Cebes, that I ought to be grieved at death, if I were not persuaded that I am going to other gods who are wise and good (of this I am as certain as I can be of anything of the sort) and to men departed (though I am not so certain of this), who are better than those whom I leave behind ; and therefore I do not grieve as I might have done, for I have good hope that there is yet something remaining for the dead, and, as has been said of old, some far better thing for the good than for the evil. PHAEDO

And now I will make answer to you, O my JUDGES, and show that he who has lived as a true philosopher has reason to be of good cheer when he is about to die, and that after death he may hope to receive the greatest good in the other world. And how this may be, Simmias and Cebes, I will endeavor to explain. For I deem that the true disciple of philosophy is likely to be misunderstood by other men ; they do not perceive that he is ever pursuing death and dying ; and if this is true, why, having had the desire of death all his life long, should he repine at the arrival of that which he has been always pursuing and desiring ? PHAEDO

Yet the exchange of one fear or pleasure or pain for another fear or pleasure or pain, which are measured like coins, the greater with the less, is not the exchange of virtue. O my dear Simmias, is there not one true coin for which all things ought to exchange ? — and that is wisdom ; and only in exchange for this, and in company with this, is anything truly bought or sold, whether courage or temperance or justice. And is not all true virtue the companion of wisdom, no matter what fears or pleasures or other similar goods or evils may or may not attend her ? But the virtue which is made up of these goods, when they are severed from wisdom and exchanged with one another, is a shadow of virtue only, nor is there any freedom or health or truth in her ; but in the true exchange there is a purging away of all these things, and temperance, and justice, and courage, and wisdom herself are a purgation of them. And I conceive that the founders of the mysteries had a real meaning and were not mere triflers when they intimated in a figure long ago that he who passes unsanctified and uninitiated into the world below will live in a slough, but that he who arrives there after initiation and purification will dwell with the gods. For “many,” as they say in the mysteries, “are the thyrsus bearers, but few are the mystics,” — meaning, as I interpret the words, the true philosophers. In the number of whom I have been seeking, according to my ability, to find a place during my whole life ; whether I have sought in a right way or not, and whether I have succeeded or not, I shall truly know in a little while, if God will, when I myself arrive in the other world : that is my belief. And now, Simmias and Cebes, I have answered those who charge me with not grieving or repining at parting from you and my masters in this world ; and I am right in not repining, for I believe that I shall find other masters and friends who are as good in the world below. But all men cannot believe this, and I shall be glad if my words have any more success with you than with the JUDGES of the Athenians. PHAEDO

All of us, as we afterwards remarked to one another, had an unpleasant feeling at hearing them say this. When we had been so firmly convinced before, now to have our faith shaken seemed to introduce a confusion and uncertainty, not only into the previous argument, but into any future one ; either we were not good JUDGES, or there were no real grounds of belief. PHAEDO

Such is the name of the other world ; and when the dead arrive at the place to which the genius of each severally conveys them, first of all they have sentence passed upon them, as they have lived well and piously or not. And those who appear to have lived neither well nor ill, go to the river Acheron, and mount such conveyances as they can get, and are carried in them to the lake, and there they dwell and are purified of their evil deeds, and suffer the penalty of the wrongs which they have done to others, and are absolved, and receive the rewards of their good deeds according to their deserts. But those who appear to be incurable by reason of the greatness of their crimes — who have committed many and terrible deeds of sacrilege, murders foul and violent, or the like — such are hurled into Tartarus, which is their suitable destiny, and they never come out. Those again who have committed crimes, which, although great, are not unpardonable — who in a moment of anger, for example, have done violence to a father or mother, and have repented for the remainder of their lives, or who have taken the life of another under like extenuating circumstances — these are plunged into Tartarus, the pains of which they are compelled to undergo for a year, but at the end of the year the wave casts them forth — mere homicides by way of Cocytus, parricides and matricides by Pyriphlegethon — and they are borne to the Acherusian Lake, and there they lift up their voices and call upon the victims whom they have slain or wronged, to have pity on them, and to receive them, and to let them come out of the river into the lake. And if they prevail, then they come forth and cease from their troubles ; but if not, they are carried back again into Tartarus and from thence into the rivers unceasingly, until they obtain mercy from those whom they have wronged : for that is the sentence inflicted upon them by their JUDGES. Those also who are remarkable for having led holy lives are released from this earthly prison, and go to their pure home which is above, and dwell in the purer earth ; and those who have duly purified themselves with philosophy live henceforth altogether without the body, in mansions fairer far than these, which may not be described, and of which the time would fail me to tell. PHAEDO

In any way that you like ; only you must get hold of me, and take care that I do not walk away from you. Then he turned to us, and added with a smile : I cannot make Crito believe that I am the same Socrates who have been talking and conducting the argument ; he fancies that I am the other Socrates whom he will soon see, a dead body — and he asks, How shall he bury me ? And though I have spoken many words in the endeavor to show that when I have drunk the poison I shall leave you and go to the joys of the blessed — these words of mine, with which I comforted you and myself, have had, I perceive, no effect upon Crito. And therefore I want you to be surety for me now, as he was surety for me at the trial : but let the promise be of another sort ; for he was my surety to the JUDGES that I would remain, but you must be my surety to him that I shall not remain, but go away and depart ; and then he will suffer less at my death, and not be grieved when he sees my body being burned or buried. I would not have him sorrow at my hard lot, or say at the burial, Thus we lay out Socrates, or, Thus we follow him to the grave or bury him ; for false words are not only evil in themselves, but they infect the soul with evil. Be of good cheer, then, my dear Crito, and say that you are burying my body only, and do with that as is usual, and as you think best. PHAEDO

Soc. I am charmed with his doctrine, that what appears is to each one, but I wonder that he did not begin his book on Truth with a declaration that a pig or a dog-faced baboon, or some other yet stranger monster which has sensation, is the measure of all things ; then he might have shown a magnificent contempt for our opinion of him by informing us at the outset that while we were reverencing him like a God for his wisdom he was no better than a tadpole, not to speak of his fellow-men — would not this have produced an over-powering effect ? For if truth is only sensation, and no man can discern another’s feelings better than he, or has any superior right to determine whether his opinion is true or false, but each, as we have several times repeated, is to himself the sole judge, and everything that he JUDGES is true and right, why, my friend, should Protagoras be preferred to the place of wisdom and instruction, and deserve to be well paid, and we poor ignoramuses have to go to him, if each one is the measure of his own wisdom ? Must he not be talking ad captandum in all this ? I say nothing of the ridiculous predicament in which my own midwifery and the whole art of dialectic is placed ; for the attempt to supervise or refute the notions or opinions of others would be a tedious and enormous piece of folly, if to each man his own are right ; and this must be the case if Protagoras Truth is the real truth, and the philosopher is not merely amusing himself by giving oracles out of the shrine of his book. THEAETETUS

Soc. Why, suppose that you determine in your own mind something to be true, and declare your opinion to me ; let us assume, as he argues, that this is true to you. Now, if so, you must either say that the rest of us are not the JUDGES of this opinion or judgment of yours, or that we judge you always to have a true opinion : But are there not thousands upon thousands who, whenever you form a judgment, take up arms against you and are of an opposite judgment and opinion, deeming that you judge falsely ? THEAETETUS

Soc. When, therefore, JUDGES are justly persuaded about matters which you can know only by seeing them, and not in any other way, and when thus judging of them from report they attain a true opinion about them, they judge without knowledge and yet are rightly persuaded, if they have judged well. THEAETETUS

Str. May we not very properly say, that of all knowledge, there are there are two divisions — one which rules, and the other which JUDGES ? STATESMAN

Str. But hear what follows : — When the year of office has expired, the pilot or physician has to come before a court of review, in which the JUDGES are either selected from the wealthy classes or chosen by lot out of the whole people ; and anybody who pleases may be their accuser, and may lay to their charge, that during the past year they have not navigated their vessels or healed their patients according to the letter of the law and the ancient customs of their ancestors ; and if either of them is condemned, some of the JUDGES must fix what he is to suffer or pay. STATESMAN

Str. You mean to say that the science which JUDGES whether we ought to learn or not, must be superior to the science which is learned or which teaches ? STATESMAN

First then, in my judgment, we must make a distinction and ask, What is that which always is and has no becoming ; and what is that which is always becoming and never is ? That which is apprehended by intelligence and reason is always in the same state ; but that which is conceived by opinion with the help of sensation and without reason, is always in a process of becoming and perishing and never really is. Now everything that becomes or is created must of necessity be created by some cause, for without a cause nothing can be created. The work of the creator, whenever he looks to the unchangeable and fashions the form and nature of his work after an unchangeable pattern, must necessarily be made fair and perfect ; but when he looks to the created only, and uses a created pattern, it is not fair or perfect. Was the heaven then or the world, whether called by this or by any other more appropriate name — assuming the name, I am asking a question which has to be asked at the beginning of an enquiry about anything — was the world, I say, always in existence and without beginning ? or created, and had it a beginning ? Created, I reply, being visible and tangible and having a body, and therefore sensible ; and all sensible things are apprehended by opinion and sense and are in a process of creation and created. Now that which is created must, as we affirm, of necessity be created by a cause. But the father and maker of all this universe is past finding out ; and even if we found him, to tell of him to all men would be impossible. And there is still a question to be asked about him : Which of the patterns had the artificer in view when he made the world — the pattern of the unchangeable, or of that which is created ? If the world be indeed fair and the artificer good, it is manifest that he must have looked to that which is eternal ; but if what cannot be said without blasphemy is true, then to the created pattern. Every one will see that he must have looked to, the eternal ; for the world is the fairest of creations and he is the best of causes. And having been created in this way, the world has been framed in the likeness of that which is apprehended by reason and mind and is unchangeable, and must therefore of necessity, if this is admitted, be a copy of something. Now it is all-important that the beginning of everything should be according to nature. And in speaking of the copy and the original we may assume that words are akin to the matter which they describe ; when they relate to the lasting and permanent and intelligible, they ought to be lasting and unalterable, and, as far as their nature allows, irrefutable and immovable — nothing less. But when they express only the copy or likeness and not the eternal things themselves, they need only be likely and analogous to the real words. As being is to becoming, so is truth to belief. If then, Socrates, amid the many opinions about the gods and the generation of the universe, we are not able to give notions which are altogether and in every respect exact and consistent with one another, do not be surprised. Enough, if we adduce probabilities as likely as any others ; for we must remember that I who am the speaker, and you who are the JUDGES, are only mortal men, and we ought to accept the tale which is probable and enquire no further. TIMAEUS

The part of the soul which desires meats and drinks and the other things of which it has need by reason of the bodily nature, they placed between the midriff and the boundary of the navel, contriving in all this region a sort of manger for the food of the body ; and there they bound it down like a wild animal which was chained up with man, and must be nourished if man was to exist. They appointed this lower creation his place here in order that he might be always feeding at the manger, and have his dwelling as far as might be from the council-chamber, making as little noise and disturbance as possible, and permitting the best part to advise quietly for the good of the whole. And knowing that this lower principle in man would not comprehend reason, and even if attaining to some degree of perception would never naturally care for rational notions, but that it would be led away by phantoms and visions night and day — to be a remedy for this, God combined with it the liver, and placed it in the house of the lower nature, contriving that it should be solid and smooth, and bright and sweet, and should also have a bitter quality, in order that the power of thought, which proceeds from the mind, might be reflected as in a mirror which receives likenesses of objects and gives back images of them to the sight ; and so might strike terror into the desires, when, making use of the bitter part of the liver, to which it is akin, it comes threatening and invading, and diffusing this bitter element swiftly through the whole liver produces colours like bile, and contracting every part makes it wrinkled and rough ; and twisting out of its right place and contorting the lobe and closing and shutting up the vessels and gates, causes pain and loathing. And the converse happens when some gentle inspiration of the understanding pictures images of an opposite character, and allays the bile and bitterness by refusing to stir or touch the nature opposed to itself, but by making use of the natural sweetness of the liver, corrects all things and makes them to be right and smooth and free, and renders the portion of the soul which resides about the liver happy and joyful, enabling it to pass the night in peace, and to practise divination in sleep, inasmuch as it has no share in mind and reason. For the authors of our being, remembering the command of their father when he bade them create the human race as good as they could, that they might correct our inferior parts and make them to attain a measure of truth, placed in the liver the seat of divination. And herein is a proof that God has given the art of divination not to the wisdom, but to the foolishness of man. No man, when in his wits, attains prophetic truth and inspiration ; but when he receives the inspired word, either his intelligence is enthralled in sleep, or he is demented by some distemper or possession. And he who would understand what he remembers to have been said, whether in a dream or when he was awake, by the prophetic and inspired nature, or would determine by reason the meaning of the apparitions which he has seen, and what indications they afford to this man or that, of past, present or future good and evil, must first recover his wits. But, while he continues demented, he cannot judge of the visions which he sees or the words which he utters ; the ancient saying is very true, that “only a man who has his wits can act or judge about himself and his own affairs.” And for this reason it is customary to appoint interpreters to be JUDGES of the true inspiration. Some persons call them prophets ; they are quite unaware that they are only the expositors of dark sayings and visions, and are not to be called prophets at all, but only interpreters of prophecy. TIMAEUS

But when a person endeavours to paint the human form we are quick at finding out defects, and our familiar knowledge makes us severe JUDGES of any one who does not render every point of similarity. And we may observe the same thing to happen in discourse ; we are satisfied with a picture of divine and heavenly things which has very little likeness to them ; but we are more precise in our criticism of mortal and human things. Wherefore if at the moment of speaking I cannot suitably express my meaning, you must excuse me, considering that to form approved likenesses of human things is the reverse of easy. This is what I want to suggest to you, and at the same time to beg, Socrates, that I may have not less, but more indulgence conceded to me in what I am about to say. Which favour, if I am right in asking, I hope that you will be ready to grant. CRITIAS

Ath. Thus far I too should agree with the many, that the excellence of music is to be measured by pleasure. But the pleasure must not be that of chance persons ; the fairest music is that which delights the best and best educated, and especially that which delights the one<one man who is pre-eminent in virtue and education. And therefore the JUDGES must be men of character, for they will require both wisdom and courage ; the true judge must not draw his inspiration from the theatre, nor ought he to be unnerved by the clamour of the many and his own incapacity ; nor again, knowing the truth, ought he through cowardice and unmanliness carelessly to deliver a lying judgment, with the very same lips which have just appealed to the Gods before he judged. He is sitting not as the disciple of the theatre, but, in his proper place, as their instructor, and he ought to be the enemy of all pandering to the pleasure of the spectators. The ancient and common custom of Hellas, which still prevails in Italy and Sicily, did certainly leave the judgment to the body of spectators, who determined the victor by show of hands. But this custom has been the destruction of the poets ; for they are now in the habit of composing with a view to please the bad taste of their JUDGES, and the result is that the spectators instruct themselves ; — and also it has been the ruin of the theatre ; they ought to be having characters put before them better than their own, and so receiving a higher pleasure, but now by their own act the opposite result follows. What inference is to be drawn from all this ? Shall I tell you ? LAWS BOOK II

Cle. If this were not required, Stranger, we should all of us be JUDGES of beauty. LAWS BOOK II

Ath. I should say that if a city seriously means to adopt the practice of drinking under due regulation and with a view to the enforcement of temperance, and in like manner, and on the same principle, will allow of other pleasures, designing to gain the victory over them in this way all of them may be used. But if the State makes drinking an amusement only, and whoever likes may drink whenever he likes, and with whom he likes, and add to this any other indulgences, I shall never agree or allow that this city or this man should practise drinking. I would go further than the Cretans and Lacedaemonians, and am disposed rather to the law of the Carthaginians, that no one while he is on a campaign should be allowed to taste wine at all, but that he should drink water during all that time, and that in the city no slave, male or female, should ever drink wine ; and that no magistrates should drink during their year of office, nor should pilots of vessels or JUDGES while on duty taste wine at all, nor any one who is going to hold a consultation about any matter of importance ; nor in the daytime at all, unless in consequence of exercise or as medicine ; nor again at night, when any one, either man or woman, is minded to get children. There are numberless other cases also in which those who have good sense and good laws ought not to drink wine, so that if what I say is true, no city will need many vineyards. Their husbandry and their way of life in general will follow an appointed order, and their cultivation of the vine will be the most limited and the least common of their employments. And this, Stranger, shall be the crown of my discourse about wine, if you agree. LAWS BOOK II

Of all evils the greatest is one which in the souls of most men is innate, and which a man is always excusing in himself and never correcting ; mean, what is expressed in the saying that “Every man by nature is and ought to be his own friend.” Whereas the excessive love of self is in reality the source to each man of all offences ; for the lover is blinded about the beloved, so that he JUDGES wrongly of the just, the good, and the honourable, and thinks that he ought always to prefer himself to the truth. But he who would be a great man ought to regard, not himself or his interests, but what is just, whether the just act be his own or that of another. Through a similar error men are induced to fancy that their own ignorance is wisdom, and thus we who may be truly said to know nothing, think that we know all things ; and because we will not let others act for us in what we do not know, we are compelled to act amiss ourselves. Wherefore let every man avoid excess of self-love, and condescend to follow a better man than himself, not allowing any false shame to stand in the way. There are also minor precepts which are often repeated, and are quite as useful ; a man should recollect them and remind himself of them. For when a stream is flowing out, there should be water flowing in too ; and recollection flows in while wisdom is departing. Therefore I say that a man should refrain from excess either of laughter or tears, and should exhort his neighbour to do the same ; he should veil his immoderate sorrow or joy, and seek to behave with propriety, whether the genius of his good fortune remains with him, or whether at the crisis of his fate, when he seems to be mounting high and steep places, the Gods oppose him in some of his enterprises. Still he may ever hope, in the case of good men, that whatever afflictions are to befall them in the future God will lessen, and that present evils he will change for the better ; and as to the goods which are the opposite of these evils, he will not doubt that they will be added to them, and that they will be fortunate. Such should be men’s hopes, and such should be the exhortations with which they admonish one another, never losing an opportunity, but on every occasion distinctly reminding themselves and others of all these things, both in jest and earnest. LAWS BOOK V

In the next place, it will be proper to appoint directors of music and gymnastic, two kinds of each — of the one kind the business will be education, of the other, the superintendence of contests. In speaking of education, the law means to speak of those who have the care of order and instruction in gymnasia and schools, and of the going to school, and of school buildings for boys and girls ; and in speaking of contests, the law refers to the JUDGES of gymnastics and of music ; these again are divided into two classes, the one having to do with music, the other with gymnastics ; and the same who judge of the gymnastic contests of men, shall judge of horses ; but in music there shall be one set of JUDGES of solo singing, and of imitation — I mean of rhapsodists, players on the harp, the flute and the like, and another who shall judge of choral song. First of all, we must choose directors for the choruses of boys, and men, and maidens, whom they shall follow in the amusement of the dance, and for our other musical arrangements ; — one director will be enough for the choruses, and he should be not less than forty years of age. One director will also be enough to introduce the solo singers, and to give judgment on the competitors, and he ought not to be less than thirty years of age. The director and manager of the choruses shall be elected after the following manner : — Let any persons who commonly take an interest in such matters go to the meeting, and be fined if they do not go (the guardians of the law shall judge of their fault), but those who have no interest shall not be compelled. The elector shall propose as director some one who understands music, and he in the scrutiny may be challenged on the one part by those who say he has no skill, and defended on the other hand by those who say that he has. Ten are to be elected by vote, and he of the ten who is chosen by lot shall undergo a scrutiny, and lead the choruses for a year according to law. And in like manner the competitor who wins the lot shall be leader of the solo and concert music for that year ; and he who is thus elected shall deliver the award to the JUDGES. In the next place, we have to choose JUDGES in the contests of horses and of men ; these shall be selected from the third and also from the second class of citizens, and three first classes shall be compelled to go to the election, but the lowest may stay away with impunity ; and let there be three elected by lot out of the twenty who have been chosen previously, and they must also have the vote and approval of the examiners. But if any one is rejected in the scrutiny at any ballot or decision, others shall be chosen in the same manner, and undergo a similar scrutiny. LAWS BOOK VI

A city which has no regular courts of law ceases to be a city ; and again, if a judge is silent and says no more in preliminary proceedings than the litigants, as is the case in arbitrations, he will never be able to decide justly ; wherefore a multitude of JUDGES will not easily judge well, nor a few if they are bad. The point in dispute between the parties should be made clear ; and time, and deliberation, and repeated examination, greatly tend to clear up doubts. For this reason, he who goes to law with another should go first of all to his neighbours and friends who know best the questions at issue. And if he be unable to obtain from them a satisfactory decision, let him have recourse to another court ; and if the two courts cannot settle the matter, let a third put an end to the suit. LAWS BOOK VI

Now the establishment of courts of justice may be regarded as a choice of magistrates, for every magistrate must also be a judge of some things ; and the judge, though he be not a magistrate, yet in certain respects is a very important magistrate on the day on which he is determining a suit. Regarding then the JUDGES also as magistrates, let us say who are fit to be JUDGES, and of what they are to be JUDGES, and how many of them are to judge in each suit. Let that be the supreme tribunal which the litigants appoint in common for themselves, choosing certain persons by agreement. And let there be two other tribunals : one for private causes, when a citizen accuses another of wronging him and wishes to get a decision ; the other for public causes, in which some citizen is of opinion that the public has been wronged by an individual, and is willing to vindicate the common interests. And we must not forget to mention how the JUDGES are to be qualified, and who they are to be. In the first place, let there be a tribunal open to all private persons who are trying causes one against another for the third time, and let this be composed as follows : — All the officers of state, as well annual as those holding office for a longer period, when the new year is about to commence, in the month following after the summer solstice, on the last day but one of the year, shall meet in some temple, and calling God to witness, shall dedicate one judge from every magistracy to be their first-fruits, choosing in each office him who seems to them to be the best, and whom they deem likely to decide the causes of his fellow-citizens during the ensuing year in the best and holiest manner. And when the election is completed, a scrutiny shall be held in the presence of the electors themselves, and if any one be rejected another shall be chosen in the same manner. Those who have undergone the scrutiny shall judge the causes of those who have declined the inferior courts, and shall give their vote openly. The councillors and other magistrates who have elected them shall be required to be hearers and spectators of the causes ; and any one else may be present who pleases. If one man charges another with having intentionally decided wrong, let him go to the guardians of the law and lay his accusation before them, and he who is found guilty in such a case shall pay damages to the injured party equal to half the injury ; but if he shall appear to deserve a greater penalty, the JUDGES shall determine what additional punishment he shall suffer, and how much more he ought to pay to the public treasury, and to the party who brought the suit. LAWS BOOK VI

In the judgment of offences against the state, the people ought to participate, for when any one wrongs the state all are wronged, and may reasonably complain if they are not allowed to share in the decision. Such causes ought to originate with the people, and the ought also to have the final decision of them, but the trial of them shall take place before three of the highest magistrates, upon whom the plaintiff and the defendant shall agree ; and if they are not able to come to an agreement themselves, the council shall choose one of the two proposed. And in private suits, too, as far as is possible, all should have a share ; for he who has no share in the administration of justice, is apt to imagine that he has no share in the state at all. And for this reason there shall be a court of law in every tribe, and the JUDGES shall be chosen by lot ; — they shall give their decisions at once, and shall be inaccessible to entreaties. The final judgment shall rest with that court which, as we maintain, has been established in the most incorruptible form of which human things admit : this shall be the court established for those who are unable to get rid of their suits either in the courts of neighbours or of the tribes. LAWS BOOK VI

Ath. Shall we make a law that the poet shall compose nothing contrary to the ideas of the lawful, or just, or beautiful, or good, which are allowed in the state ? nor shall he be permitted to communicate his compositions to any private individuals, until he shall have shown them to the appointed JUDGES and the guardians of the law, and they are satisfied with them. As to the persons whom we appoint to be our legislators about music and as to the director of education, these have been already indicated. Once more then, as I have asked more than once, shall this be our third law, and type, and model — What do you say ? LAWS BOOK VII

Ath. But to honour with hymns and panegyrics those who are still alive is not safe ; a man should run his course, and make a fair ending, and then we will praise him ; and let praise be given equally to women as well as men who have been distinguished in virtue. The order of songs and dances shall be as follows : — There are many ancient musical compositions and dances which are excellent, and from these the newly-founded city may freely select what is proper and suitable ; and they shall choose JUDGES of not less than fifty years of age, who shall make the selection, and any of the old poems which they deem sufficient they shall include ; any that are deficient or altogether unsuitable, they shall either utterly throw aside, or examine and amend, taking into their counsel poets and musicians, and making use of their poetical genius ; but explaining to them the wishes of the legislator in order that they may regulate dancing, music, and all choral strains, according to the mind of the JUDGES ; and not allowing them to indulge, except in some few matters, their individual pleasures and fancies. Now the irregular strain of music is always made ten thousand times better by attaining to law and order, and rejecting the honeyed Muse — not however that we mean wholly to exclude pleasure, which is the characteristic of all music. And if a man be brought up from childhood to the age of discretion and maturity in the use of the orderly and severe music, when he hears the opposite he detests it, and calls it illiberal ; but if trained in the sweet and vulgar music, he deems the severer kind cold and displeasing. So that, as I was saying before, while he who hears them gains no more pleasure from the one than from the other, the one has the advantage of making those who are trained in it better men, whereas the other makes them worse. LAWS BOOK VII

Thus the competition in gymnastic and the mode of learning it have been described ; and we have spoken also of the toils of the contest, and of daily exercises under the superintendence of masters. Likewise, what relates to music has been, for the most part, completed. But as to rhapsodes and the like, and the contests of choruses which are to perform at feasts, all this shall be arranged when the months and days and years have been appointed for Gods and demi-gods, whether every third year, or again every fifth year, or in whatever way or manner the Gods may put into men’s minds the distribution and order of them. At the same time, we may expect that the musical contests will be celebrated in their turn by the command of the JUDGES and the director of education and the guardians of the law meeting together for this purpose, and themselves becoming legislators of the times and nature and conditions of the choral contests and of dancing in general. What they ought severally to be in language and song, and in the admixture of harmony with rhythm and the dance, has been often declared by the original legislator ; and his successors ought to follow him, making the games and sacrifices duly to correspond at fitting times, and appointing public festivals. It is not difficult to determine how these and the like matters may have a regular order ; nor, again, will the alteration of them do any great good or harm to the state. There is, however, another matter of great importance and difficulty, concerning which God should legislate, if there were any possibility of obtaining from him an ordinance about it. But seeing that divine aid is not to be had, there appears to be a need of some bold man who specially honours plainness of speech, and will say outright what he thinks best for the city and citizens — ordaining what is good and convenient for the whole state amid the corruptions of human souls, opposing the mightiest lusts, and having no man his helper but himself standing alone and following reason only. LAWS BOOK VIII

Let us first of all, then, have a class of laws which shall be called the laws of husbandmen. And let the first of them be the law of Zeus, the god of boundaries. Let no one shift the boundary line either of a fellow-citizen who is a neighbour, or, if he dwells at the extremity of the land, of any stranger who is conterminous with him, considering that this is truly “to move the immovable,” and every one should be more willing to move the largest rock which is not a landmark, than the least stone which is the sworn mark of friendship and hatred between neighbours ; for Zeus, the god of kindred, is the witness of the citizen, and Zeus, the god of strangers, of the stranger, and when aroused, terrible are the wars which they stir up. He who obeys the law will never know the fatal consequences of disobedience, but he who despises the law shall be liable to a double penalty, the first coming from the Gods, and the second from the law. For let no one wilfully remove the boundaries of his neighbour’s land, and if any one does, let him who will inform the landowners, and let them bring him into court, and if he be convicted of re-dividing the land by stealth or by force, let the court determine what he ought to suffer or pay. In the next place, many small injuries done by neighbours to one another, through their multiplication, may cause a weight of enmity, and make neighbourhood a very disagreeable and bitter thing. Wherefore a man ought to be very careful of committing any offence against his neighbour, and especially of encroaching on his neighbour’s land ; for any man may easily do harm, but not every man can do good to another. He who encroaches on his neighbour’s land, and transgresses his boundaries, shall make good the damage, and, to cure him of his impudence and also of his meanness, he shall pay a double penalty to the injured party. Of these and the like matters the wardens of the country shall take cognizance, and be the JUDGES of them and assessors of the damage ; in the more important cases, as has been already said, the whole number of them belonging to any one of the twelve divisions shall decide, and in the lesser cases the commanders : or, again, if any one pastures his cattle on his neighbour’s land, they shall see the injury, and adjudge the penalty. And if any one, by decoying the bees, gets possession of another’s swarms, and draws them to himself by making noises, he shall pay the damage ; or if anyone sets fire to his own wood and takes no care of his neighbour’s property, he shall be fined at the discretion of the magistrates. And if in planting he does not leave a fair distance between his own and his neighbour’s land, he shall be punished, in accordance with the enactments of many law givers, which we may use, not deeming it necessary that the great legislator of our state should determine all the trifles which might be decided by any body ; for example, husbandmen have had of old excellent laws about waters, and there is no reason why we should propose to divert their course : who likes may draw water from the fountain-head of the common stream on to his own land, if he do not cut off the spring which clearly belongs to some other owner ; and he may take the water in any direction which he pleases, except through a house or temple or sepulchre, but he must be careful to do no harm beyond the channel. And if there be in any place a natural dryness of the earth, which keeps in the rain from heaven, and causes a deficiency in the supply of water, let him dig down on his own land as far as the clay, and if at this depth he finds no water, let him obtain water from his neighbours, as much, as is required for his servants’ drinking, and if his neighbours, too, are limited in their supply, let him have a fixed measure, which shall be determined by the wardens of the country. This he shall receive each day, and on these terms have a share of his neighbours’ water. If there be heavy rain, and one of those on the lower ground injures some tiller of the upper ground, or some one who has a common wall, by refusing to give the man outlet for water ; or, again, if some one living on the higher ground recklessly lets off the water on his lower neighbour, and they cannot come to terms with one another, let him who will call in a warden of the city, if he be in the city, or if he be in the country, warden of the country, and let him obtain a decision determining what each of them is to do. And he who will not abide by the decision shall suffer for his malignant and morose temper, and pay a fine to the injured party, equivalent to double the value of the injury, because he was unwilling to submit to the magistrates. LAWS BOOK VIII

Now the participation of fruits shall be ordered on this wise. The goddess of Autumn has two gracious gifts : one, the joy of Dionysus which is not treasured up ; the other, which nature intends to be stored. Let this be the law, then, concerning the fruits of autumn : He who tastes the common or storing fruits of autumn, whether grapes or figs, before the season of vintage which coincides with Arcturus, either on his own land or on that of others — let him pay fifty drachmae, which shall be sacred to Dionysus, if he pluck them from his own land ; and if from his neighbour’s land, a mina, and if from any others’, two-thirds of a mina. And he who would gather the “choice” grapes or the “choice” figs, as they are now termed, if he take them off his own land, let him pluck them how and when he likes ; but if he take them from the ground of others without their leave, let him in that case be always punished in accordance with the law which ordains that he should not move what he has not laid down. And if a slave touches any fruit of this sort, without the consent of the owner of the land, he shall be beaten with as many blows as there are grapes on the bunch, or figs on the fig-tree. Let a metic purchase the “choice” autumnal fruit, and then, if he pleases, he may gather it ; but if a stranger is passing along the road, and desires to eat, let him take of the “choice” grapes for himself and a single follower without payment, as a tribute of hospitality. The law however forbids strangers from sharing in the sort which is not used for eating ; and if any one, whether he be master or slave, takes of them in ignorance, let the slave be beaten, and the freeman dismissed with admonitions, and instructed to take of the other autumnal fruits which are unfit for making raisins and wine, or for laying by as dried figs. As to pears, and apples, and pomegranates, and similar fruits, there shall be no disgrace in taking them secretly ; but he who is caught, if he be of less than thirty years of age, shall be struck and beaten off, but not wounded ; and no freeman shall have any right of satisfaction for such blows. Of these fruits the stranger may partake, just as he may of the fruits of autumn. And if an elder, who is more than thirty years of age, eat of them on the spot, let him, like the stranger, be allowed to partake of all such fruits, but he must carry away nothing. If, however, he will not obey the law, let him run risk of failing in the competition of virtue, in case any one takes notice of his actions before the JUDGES at the time. LAWS BOOK VIII

Next to all the matters which have preceded in the natural order of legislation will come suits of law. Of suits those which relate to agriculture have been already described, but the more important have not been described. Having mentioned them severally under their usual names, we will proceed to say what punishments are to be inflicted for each offence, and who are to be the JUDGES of them. LAWS BOOK IX

Such are the preludes which we sing to all who have thoughts of unholy and treasonable actions, and to him who hearkens to them the law has nothing to say. But to him who is disobedient when the prelude is over, cry with a loud voice, — He who is taken in the act of robbing temples, if he be a slave or stranger, shall have his evil deed engraven on his face and hands, and shall be beaten with as many stripes as may seem good to the JUDGES, and be cast naked beyond the borders of the land. And if he suffers this punishment he will probably return to his right mind and be improved ; for no penalty which the law inflicts is designed for evil, but always makes him who suffers either better or not so much worse as he would have been. But if any citizen be found guilty of any great or unmentionable wrong, either in relation to the gods, or his parents, or the state, let the judge deem him to be incurable, remembering that after receiving such an excellent education and training from youth upward, he has not abstained from the greatest of crimes. His punishment shall be death, which to him will be the least of evils ; and his example will benefit others, if he perish ingloriously, and be cast beyond the borders of the land. But let his children and family, if they avoid the ways of their father, have glory, and let honourable mention be made of them, as having nobly and manfully escaped out of evil into good. None of them should have their goods confiscated to the state, for the lots of the citizens ought always to continue the same and equal. LAWS BOOK IX

Touching the exaction of penalties, when a man appears to have done anything which deserves a fine, he shall pay the fine, if he have anything in excess of the lot which is assigned to him ; but more than that he shall not pay. And to secure exactness, let the guardians of the law refer to the registers, and inform the JUDGES of the precise truth, in order that none of the lots may go uncultivated for want of money. But if any one seems to deserve a greater penalty, let him undergo a long and public imprisonment and be dishonoured, unless some of his friends are willing to be surety for him, and liberate him by assisting him to pay the fine. No criminal shall go unpunished, not even for a single offence, nor if he have fled the country ; but let the penalty be according to his deserts-death, or bonds, or blows, or degrading places of sitting or standing, or removal to some temple on the borders of the land ; or let him pay fines, as we said before. In cases of death, let the JUDGES be the guardians of the law, and a court selected by merit from the last year’s magistrates. But how the causes are to be brought into to court, how the summonses are to be served, the like, these things may be left to the younger generation of legislators to determine ; the manner of voting we must determine ourselves. LAWS BOOK IX

Let the vote be given openly ; but before they come to the vote let the JUDGES sit in order of seniority over against plaintiff and defendant, and let all the citizens who can spare time hear and take a serious interest in listening to such causes. First of all the plaintiff shall make one speech, and then the defendant shall make another ; and after the speeches have been made the eldest judge shall begin to examine the parties, and proceed to make an adequate enquiry into what has been said ; and after the oldest has spoken, the rest shall proceed in order to examine either party as to what he finds defective in the evidence, whether of statement or omission ; and he who has nothing to ask shall hand over the examination to another. And on so much of what has been said as is to the purpose all the JUDGES shall set their seals, and place the writings on the altar of Hestia. On the next day they shall meet again, and in like manner put their questions and go through the cause, and again set their seals upon the evidence ; and when they have three times done this, and have had witnesses and evidence enough, they shall each of them give a holy vote, after promising by Hestia that they will decide justly and truly to the utmost of their power ; and so they shall put an end to the suit. LAWS BOOK IX

Next, after what relates to the Gods, follows what relates to the dissolution of the state : — Whoever by promoting a man to power enslaves the laws, and subjects the city to factions, using violence and stirring up sedition contrary to law, him we will deem the greatest enemy of the whole state. But he who takes no part in such proceedings, and, being one of the chief magistrates of the state, has no knowledge of the treason, or, having knowledge of it, by reason of cowardice does not interfere on behalf of his country, such an one we must consider nearly as bad. Every man who is worth anything will inform the magistrates, and bring the conspirator to trial for making a violent and illegal attempt to change the government. The JUDGES of such cases shall be the same as of the robbers of temples ; and let the whole proceeding be carried on in the same way, and the vote of the majority condemn to death. But let there be a general rule, that the disgrace and punishment of the father is not to be visited on the children, except in the case of some one whose father, grandfather, and great-grandfather have successively undergone the penalty of death. Such persons the city shall send away with all their possessions to the city and country of their ancestors, retaining only and wholly their appointed lot. And out of the citizens who have more than one son of not less than ten years of age, they shall select ten whom their father or grandfather by the mother’s or father’s side shall appoint, and let them send to Delphi the names of those who are selected, and him whom the God chooses they shall establish as heir of the house which has failed ; and may he have better fortune than his predecessors ! LAWS BOOK IX

Ath. Once more let there be a third general law respecting the JUDGES who are to give judgment, and the manner of conducting suits against those who are tried on an accusation of treason ; and as concerning the remaining or departure of their descendants — there shall be one law for all three, for the traitor, and the robber of temples, and the subverter by violence of the laws of the state. For a thief, whether he steal much or little, let there be one law, and one punishment for all alike : in the first place, let him pay double the amount of the theft if he be convicted, and if he have so much over and above the allotment ; — if he have not, he shall be bound until he pay the penalty, or persuade him has obtained the sentence against him to forgive him. But if a person be convicted of a theft against the state, then if he can persuade the city, or if he will pay back twice the amount of the theft, he shall be set free from his bonds. LAWS BOOK IX

Ath. And now let us return from this digression and complete the work of legislation. Laws have been already enacted by us concerning the robbers of the Gods, and concerning traitors, and also concerning those who corrupt the laws for the purpose of subverting the government. A man may very likely commit some of these crimes, either in a state of madness or when affected by disease, or under the influence of extreme old age, or in a fit of childish wantonness, himself no better than a child. And if this be made evident to the JUDGES elected to try the cause, on the appeal of the criminal or his advocate, and he be judged to have been in this state when he committed the offence, he shall simply pay for the hurt which he may have done to another ; but he shall be exempt from other penalties, unless he have slain some one, and have on his hands the stain of blood. And in that case he shall go to another land and country, and there dwell for a year ; and if he return before the expiration of the time which the law appoints, or even set his foot at all on his native land, he shall be bound by the guardians of the law in the public prison for two years, and then go free. LAWS BOOK IX

Having begun to speak of homicide, let us endeavour to lay down laws concerning every different kind of homicides, and, first of all, concerning violent and involuntary homicides. If any one in an athletic contest, and at the public games, involuntarily kills a friend, and he dies either at the time or afterwards of the blows which he has received ; or if the like misfortune happens to any one in war, or military exercises, or mimic contests. of which the magistrates enjoin the practice, whether with or without arms, when he has been purified according to the law brought from Delphi relating to these matters, he shall be innocent. And so in the case of physicians : if their patient dies against their will, they shall be held guiltless by the law. And if one slay another with his own hand, but unintentionally, whether he be unarmed or have some instrument or dart in his hand ; or if he kill him by administering food or drink or by the application of fire or cold, or by suffocating him, whether he do the deed by his own hand, or by the agency of others, he shall be deemed the agent, and shall suffer one of the following penalties : — If he kill the slave of another in the belief that he is his own, he shall bear the master of the dead man harmless from loss, or shall pay a penalty of twice the value of the dead man, which the JUDGES shall assess ; but purifications must be used greater and more numerous than for those who committed homicide at the games ; — what they are to be, the interpreters whom the God appoints shall be authorized to declare. And if a man kills his own slave, when he has been purified according to laws he shall be quit of the homicide. And if a man kills a freeman unintentionally, he shall undergo the same purification as he did who killed the slave. But let him not forget also a tale of olden time, which is to this effect : — He who has suffered a violent end, when newly dead, if he has had the soul of a freeman in life, is angry with the author of his death ; and being himself full of fear and panic by reason of his violent end, when he sees his murderer walking about in his own accustomed haunts, he is stricken with terror and becomes disordered, and this disorder of his, aided by the guilty recollection of is communicated by him with overwhelming force to the murderer and his deeds. Wherefore also the murderer must go out of the way of his victim for the entire period of a year, and not himself be found in any spot which was familiar to him throughout the country. And if the dead man be a stranger, the homicide shall be kept from the country of the stranger during a like period. If any one voluntarily obeys this law, the next of kin to the deceased, seeing all that has happened, shall take pity on him, and make peace with him, and show him all gentleness. But if any one is disobedient, either ventures to go to any of the temples and sacrifice unpurified, or will not continue in exile during the appointed time, the next of kin to the deceased shall proceed against him for murder ; and if he be convicted, every part of his punishment shall be doubled. LAWS BOOK IX

Ath. Let us proceed : — If any one slays a free man with his own hand, and the deed be done in a moment of anger, and without premeditation, let the offender suffer in other respects as the involuntary homicide would have suffered, and also undergo an exile of two years, that he may learn to school his passions. But he who slays another from passion, yet with premeditation, shall in other respects suffer as the former ; and to this shall be added an exile of three instead of two years — his punishment is to be longer because his passion is greater. The manner of their return shall be on this wise : (and here the law has difficulty in determining exactly ; for in some cases the murderer who is judged by the law to be the worse may really be the less cruel, and he who is judged the less cruel may be really the worse, and may have executed the murder in a more savage manner, whereas the other may have been gentler. But in general the degrees of guilt will be such as we have described them. Of all these things the guardians of the law must take cognisance) : — When a homicide of either kind has completed his term of exile, the guardians shall send twelve JUDGES to the borders of the land ; these during the interval shall have informed themselves of the actions of the criminals, and they shall judge respecting their pardon and reception ; and the homicides shall abide by their judgment. But if after they have returned home, any one of them in a moment of anger repeats the deed, let him be an exile, and return no more ; or if he returns, let him suffer as the stranger was to suffer in a similar case. He who kills his own slave shall undergo a purification, but if he kills the slave of another in anger, he shall pay twice the amount of the loss to his owner. And if any homicide is disobedient to the law, and without purification pollutes the agora, or the games, or the temples, he who pleases may bring to trial the next of kin to the dead man for permitting him, and the murderer with him, and may compel the one to exact and the other to suffer a double amount of fines and purifications ; and the accuser shall himself receive the fine in accordance with the law. If a slave in a fit of passion kills his master, the kindred of the deceased man may do with the murderer (provided only they do not spare his life) whatever they please, and they will be pure ; or if he kills a freeman, who is not his master, the owner shall give up the slave to the relatives of the deceased, and they shall be under an obligation to put him to death, but this may be done in any manner which they please. LAWS BOOK IX

Whoever shall wrongfully and of design slay with his own hand any of his kinsmen, shall in the first place be deprived of legal privileges ; and he shall not pollute the temples, or the agora, or the harbours, or any other place of meeting, whether he is forbidden of men or not ; for the law, which represents the whole state, forbids him, and always is and will be in the attitude of forbidding him. And if a cousin or nearer relative of the deceased, whether on the male or female side, does not prosecute the homicide when he ought, and have him proclaimed an outlaw, he shall in the first place be involved in the pollution, and incur the hatred of the Gods, even as the curse of the law stirs up the voices of men against him ; and in the second place he shall be liable to be prosecuted by any one who is willing to inflict retribution on behalf of the dead. And he who would avenge a murder shall observe all the precautionary ceremonies of lavation, and any others which the God commands in cases of this kind. Let him have proclamation made, and then go forth and compel the perpetrator to suffer the execution of justice according to the law. Now the legislator may easily show that these things must be accomplished by prayers and sacrifices to certain Gods, who are concerned with the prevention of murders in states. But who these Gods are, and what should be the true manner of instituting such trials with due regard to religion, the guardians of the law, aided by the interpreters, and the prophets, and the God, shall determine, and when they have determined let them carry on the prosecution at law. The cause shall have the same JUDGES who are appointed to decide in the case of those who plunder temples. Let him who is convicted be punished with death, and let him not be buried in the country of the murdered man, for this would be shameless as well as impious. But if he fly and will not stand his trial, let him fly for ever ; or, if he set foot anywhere on any part of the murdered man’s country, let any relation of the deceased, or any other citizen who may first happen to meet with him, kill him with impunity, or bind and deliver him to those among the JUDGES of the case who are magistrates, that they may put him to death. And let the prosecutor demand surety of him whom he prosecutes ; three sureties sufficient in the opinion of the magistrates who try the cause shall be provided by him, and they shall undertake to produce him at the trial. But if he be unwilling or unable to provide sureties, then the magistrates shall take him and keep him in bonds, and produce him at the day of trial. LAWS BOOK IX

If a man do not commit a murder with his own hand, but contrives the death of another, and is the author of the deed in intention and design, and he continues to dwell in the city, having his soul not pure of the guilt of murder, let him be tried in the same way, except in what relates to the sureties ; and also, if he be found guilty, his body after execution may have burial in his native land, but in all other respects his case shall be as the former ; and whether a stranger shall kill a citizen, or a citizen a stranger, or a slave a slave, there shall be no difference as touching murder by one’s own hand or by contrivance, except in the matter of sureties ; and these, as has been said, shall be required of the actual murderer only, and he who brings the accusation shall bind them over at the time. If a slave be convicted of slaying a freeman voluntarily, either by his own hand or by contrivance, let the public executioner take him in the direction of the sepulchre, to a place whence he can see the tomb of the dead man, and inflict upon him as many stripes as the person who caught him orders, and if he survive, let him put him to death. And if any one kills a slave who has done no wrong, because he is afraid that he may inform of some base and evil deeds of his own, or for any similar reason, in such a case let him pay the penalty of murder, as he would have done if he had slain a citizen. There are things about which it is terrible and unpleasant to legislate, but impossible not to legislate. If, for example, there should be murders of kinsmen, either perpetrated by the hands of kinsmen, or by their contrivance, voluntary and purely malicious, which most often happen in ill-regulated and ill-educated states, and may perhaps occur even in a country where a man would not expect to find them, we must repeat once more the tale which we narrated a little while ago, in the hope that he who hears us will be the more disposed to abstain voluntarily on these grounds from murders which are utterly abominable. For the myth, or saying, or whatever we ought to call it, has been plainly set forth by priests of old ; they have pronounced that the justice which guards and avenges the blood of kindred, follows the law of retaliation, and ordains that he who has done any murderous act should of necessity suffer that which he has done. He who has slain a father shall himself be slain at some time or other by his children — if a mother, he shall of necessity take a woman’s nature, and lose his life at the hands of his offspring in after ages ; for where the blood of a family has been polluted there is no other purification, nor can the pollution be washed out until the homicidal soul which the deed has given life for life, and has propitiated and laid to sleep the wrath of the whole family. These are the retributions of Heaven, and by such punishments men should be deterred. But if they are not deterred, and any one should be incited by some fatality to deprive his father or mother, or brethren, or children, of life voluntarily and of purpose, for him the earthly lawgiver legislates as follows : — There shall be the same proclamations about outlawry, and there shall be the same sureties which have been enacted in the former cases. But in his case, if he be convicted, the servants of the JUDGES and the magistrates shall slay him at an appointed place without the city where three ways meet, and there expose his body naked, and each of the magistrates on behalf of the whole city shall take a stone and cast it upon the head of the dead man, and so deliver the city from pollution ; after that, they shall bear him to the borders of the land, and cast him forth unburied, according to law. And what shall he suffer who slays him who of all men, as they say, is his own best friend ? I mean the suicide, who deprives himself by violence of his appointed share of life, not because the law of the state requires him, nor yet under the compulsion of some painful and inevitable misfortune which has come upon him, nor because he has had to suffer from irremediable and intolerable shame, but who from sloth or want of manliness imposes upon himself an unjust penalty. For him, what ceremonies there are to be of purification and burial God knows, and about these the next of kin should enquire of the interpreters and of the laws thereto relating, and do according to their injunctions. They who meet their death in this way shall be buried alone, and none shall be laid by their side ; they shall be buried ingloriously in the borders of the twelve portions the land, in such places as are uncultivated and nameless, and no column or inscription shall mark the place of their interment. And if a beast of burden or other animal cause the death of any one, except in the case of anything of that kind happening to a competitor in the public contests, the kinsmen of the deceased shall prosecute the slayer for murder, and the wardens of the country, such, and so many as the kinsmen appoint, shall try the cause, and let the beast when condemned be slain by them, and let them cast it beyond the borders. And if any lifeless thing deprive a man of life, except in the case of a thunderbolt or other fatal dart sent from the Gods — whether a man is killed by lifeless objects, falling upon him, or by his falling upon them, the nearest of kin shall appoint the nearest neighbour to be a judge, and thereby acquit himself and the whole family of guilt. And he shall cast forth the guilty thing beyond the border, as has been said about the animals. LAWS BOOK IX

Ath. I may reply, that in a state in which the courts are bad and mute, because the JUDGES conceal their opinions and decide causes clandestinely ; or what is worse, when they are disorderly and noisy, as in a theatre, clapping or hooting in turn this or that orator — I say that then there is a very serious evil, which affects the whole state. Unfortunate is the necessity of having to legislate for such courts, but where the necessity exists, the legislator should only allow them to ordain the penalties for the smallest offences ; if the state for which he is legislating be of this character, he must take most matters into his own hands and speak distinctly. But when a state has good courts, and the JUDGES are well trained and scrupulously tested, the determination of the penalties or punishments which shall be inflicted on the guilty may fairly and with advantage be left to them. And we are not to be blamed for not legislating concerning all that large class of matters which JUDGES far worse educated than ours would be able to determine, assigning to each offence what is due both to the perpetrator and to the sufferer. We believe those for whom we are legislating to be best able to judge, and therefore to them the greater part may be left. At the same time, as I have often said, we should exhibit to the JUDGES, as we have done, the outline and form of the punishments to be inflicted, and then they will not transgress the just rule. That was an excellent practice, which we observed before, and which now that we are resuming the work of legislation, may with advantage be repeated by us. LAWS BOOK IX

Let the enactment about wounding be in the following terms : — If anyone has a purpose and intention to slay another who is not his enemy, and whom the law does not permit him to slay, and he wounds him, but is unable to kill him, he who had the intent and has wounded him is not to be pitied — he deserves no consideration, but should be regarded as a murderer and be tried for murder. Still having respect to the fortune which has in a manner favoured him, and to the providence which in pity to him and to the wounded man saved the one from a fatal blow, and the other from an accursed fate and calamity — as a thank-offering to this deity, and in order not to oppose his will — in such a case the law will remit the punishment of death, and only compel the offender to emigrate to a neighbouring city for the rest of his life, where he shall remain in the enjoyment of all his possessions. But if he have injured the wounded man, he shall make such compensation for the injury as the court deciding the cause shall assess, and the same JUDGES shall decide who would have decided if the man had died of his wounds. And if a child intentionally wound his parents, or a servant his master, death shall be the penalty. And if a brother ora sister intentionally wound a brother or a sister, and is found guilty, death shall be the penalty. And if a husband wound a wife, or a wife a husband, with intent to kill, let him or her undergo perpetual exile ; if they have sons or daughters who are still young, the guardians shall take care of their property, and have charge of the children as orphans. If their sons are grown up, they shall be under no obligation to support the exiled parent, but they shall possess the property themselves. And if he who meets with such a misfortune has no children, the kindred of the exiled man to the degree of sons of cousins, both on the male and female side, shall meet together, and after taking counsel with the guardians of the and the priests, shall appoint a 5040th citizen to be the heir of the house, considering and reasoning that no house of all the 5040 belongs to the inhabitant or to the whole family, but is the public and private property of the state. Now the state should seek to have its houses as holy and happy as possible. And if any one of the houses be unfortunate, and stained with impiety, and the owner leave no posterity, but dies unmarried, or married and childless, having suffered death as the penalty of murder or some other crime committed against the Gods or against his fellow-citizens, of which death is the penalty distinctly laid down in the law ; or if any of the citizens be in perpetual exile, and also childless, that house shall first of all be purified and undergo expiation according to law ; and then let the kinsmen of the house, as we were just now saying, and the guardians of the law, meet and consider what family there is in the state which is of the highest repute for virtue and also for good fortune, in which there are a number of sons ; from that family let them take one and introduce him to the father and forefathers of the dead man as their son, and, for the sake of the omen, let him be called so, that he may be the continuer of their family, the keeper of their hearth, and the minister of their sacred rites with better fortune than his father had ; and when they have made this supplication, they shall make him heir according to law, and the offending person they shall leave nameless and childless and portionless when calamities such as these overtake him. LAWS BOOK IX

Now the boundaries of some things do not touch one another, but there is a borderland which comes in between, preventing them from touching. And we were saying that actions done from passion are of this nature, and come in between the voluntary and involuntary. If a person be convicted of having inflicted wounds in a passion, in the first place he shall pay twice the amount of the injury, if the wound be curable, or, if incurable, four times the amount of the injury ; or if the wound be curable, and at the same time cause great and notable disgrace to the wounded person, he shall pay fourfold. And whenever any one in wounding another injures not only the sufferer, but also the city, and makes him incapable of defending his country against the enemy, he, besides the other penalties, shall pay a penalty for the loss which the state has incurred. And the penalty shall be, that in addition to his own times of service, he shall serve on behalf of the disabled person, and shall take his place in war ; or, if he refuse, he shall be liable to be convicted by law of refusal to serve. The compensation for the injury, whether to be twofold or threefold or fourfold, shall be fixed by the JUDGES who convict him. And if, in like manner, a brother wounds a brother, the parents and kindred of either sex, including the children of cousins, whether on the male or female side, shall meet, and when they have judged the cause, they shall entrust the assessment of damages to the parents, as is natural ; and if the estimate be disputed, then the kinsmen on the male side shall make the estimate, or if they cannot, they shall commit the matter to the guardians of the law. And when similar charges of wounding are brought by children against their parents, those who are more than sixty years of age, having children of their own, not adopted, shall be required to decide ; and if any one is convicted, they shall determine whether he or she ought to die, or suffer some other punishment either greater than death, or, at any rate, not much less. A kinsman of the offender shall not be allowed to judge the cause, not even if he be of the age which is prescribed by the law. If a slave in a fit of anger wound a freeman, the owner of the slave shall give him up to the wounded man, who may do as he pleases with him, and if be not give him up he shall himself make good the injury. And if any one says that the slave and the wounded man are conspiring together, let him argue the point, and if he is cast, he shall pay for the wrong three times over, but if he gains his case, the freeman who conspired with the slave shall reliable to an action for kidnapping. And if any one unintentionally wounds another he shall simply pay for the harm, for no legislator is able to control chance. In such a case the JUDGES shall be the same as those who are appointed in the case of children suing their parents ; and they shall estimate the amount of the injury. LAWS BOOK IX

All the preceding injuries and every kind of assault are deeds of violence ; and every man, woman, or child ought to consider that the elder has the precedence of the younger in honour, both among the Gods and also among men who would live in security and happiness. Wherefore it is a foul thing and hateful to the Gods to see an elder man assaulted by a younger in the city ; and it is reasonable that a young man when struck by an elder should lightly endure his anger, laying up in store for himself a like honour when he is old. Let this be the law : — Every one shall reverence his elder in word and deed ; he shall respect any one who is twenty years older than himself, whether male or female, regarding him or her as his father or mother ; and he shall abstain from laying hands on any one who is of an age to have been his father or his mother, out of reverence to the Gods who preside over birth ; similarly he shall keep his hands from a stranger, whether he be an old inhabitant or newly arrived ; he shall not venture to correct such an one by blows, either as the aggressor or in self-defence. If he thinks that some stranger has struck him out of wantonness or insolence, and ought to be punished, he shall take him to the wardens of the city, but let him not strike him, that the stranger may be kept far away from the possibility of lifting up his hand against a citizen, and let the wardens of the city take the offender and examine him, not forgetting their duty to the God of Strangers, and in case the stranger appears to have struck the citizen unjustly, let them inflict upon him as many blows with the scourge as he has himself inflicted, and quell his presumption. But if he be innocent, they shall threaten and rebuke the man who arrested him, and let them both go. If a person strikes another of the same age or somewhat older than himself, who has no children, whether he be an old man who strikes an old man or a young man who strikes a young man, let the person struck defend himself in the natural way without a weapon and with his hands only. He who, being more than forty years of age, dares to fight with another, whether he be the aggressor or in self defence, shall be regarded as rude and ill-mannered and slavish ; — this will be a disgraceful punishment, and therefore suitable to him. The obedient nature will readily yield to such exhortations, but the disobedient, who heeds not the prelude, shall have the law ready for him : — If any man smite another who is older than himself, either by twenty or by more years, in the first place, he who is at hand, not being younger than the combatants, nor their equal in age, shall separate them, or be disgraced according to law ; but if he be the equal in age of the person who is struck or younger, he shall defend the person injured as he would a brother or father or still older relative. Further, let him who dares to smite an elder be tried for assault, as I have said, and if he be found guilty, let him be imprisoned for a period of not less than a year, or if the JUDGES approve of a longer period, their decision shall be final. But if a stranger or metic smite one who is older by twenty years or more, the same law shall hold about the bystanders assisting, and he who is found guilty in such a suit, if he be a stranger but not resident, shall be imprisoned during a period of two years ; and a metic who disobeys the laws shall be imprisoned for three years, unless the court assign him a longer term. And let him who was present in any of these cases and did not assist according to law be punished, if he be of the highest dass, by paying a fine of a mina ; or if he be of the second class, of fifty drachmas ; or if of the third class, by a fine of thirty drachmas ; or if he be of the fourth class, by a fine of twenty drachmas ; and the generals and taxiarchs and phylarchs and hipparchs shall form the court in such cases. LAWS BOOK IX

Any one who is of sound mind may arrest his own slave, and do with him whatever he will of such things as are lawful ; and he may arrest the runaway slave of any of his friends or kindred with a view to his safe-keeping. And if any one takes away him who is being carried off as a slave, intending to liberate him, he who is carrying him off shall let him go ; but he who takes him away shall give three sufficient sureties ; and if he give them, and not without giving them, he may take him away, but if he take him away after any other manner he shall be deemed guilty of violence, and being convicted shall pay as a penalty double the amount of the damages claimed to him who has been deprived of the slave. Any man may also carry off a freedman, if he do not pay respect or sufficient respect to him who freed him. Now the respect shall be, that the freedman go three times in the month to the hearth of the person who freed him and offer to do whatever he ought, so far as he can ; and he shall agree to make such a marriage as his former master approves. He shall not be permitted to have more property than he who gave him liberty, and what more he has shall belong to his master. The freedman shall not remain in the state more than twenty years, but like other foreigners shall go away, taking his entire property with him, unless he has the consent of the magistrates and of his former master to remain. If a freedman or any other stranger has a property greater than the census of the third class, at the expiration. of thirty days from the day on which this comes to pass, he shall take that which is his and go his way, and in this case he shall not be allowed to remain any longer by the magistrates. And if any one disobeys this regulation, and is brought into court and convicted, he shall be punished with death, his property shall be confiscated. Suits about these matters shall take place before the tribes, unless the plaintiff and defendant have got rid of the accusation either before their neighbours or before JUDGES chosen by them. If a man lay claim to any animal or anything else which he declares to be his, let the possessor refer to the seller or to some honest and trustworthy person, who has given, or in some legitimate way made over the property to him ; if he be a citizen or a metic, sojourning in the city, within thirty days, or, if the property have been delivered to him by a stranger, within five months, of which the middle month shall include the summer solstice. When goods are exchanged by selling and buying, a man shall deliver them, and receive the price of them, at a fixed place in the agora, and have done with the matter ; but he shall not buy or sell anywhere else, nor give credit. And if in any other manner or in any other place there be an exchange of one thing for another, and the seller give credit to the man who buys fram him, he must do this on the understanding that the law gives no protection in cases of things sold not in accordance with these regulations. Again, as to contributions, any man who likes may go about collecting contributions as a friend among friends, but if any difference arises about the collection, he is to act on the understanding that the law gives no protection in such cases. He who sells anything above the value of fifty drachmas shall be required to remain in the city for ten days, and the purchaser shall be informed of the house of the seller, with a view to the sort of charges which are apt to arise in such cases, and the restitutions which the law allows. And let legal restitution be on this wise : — If a man sells a slave who is in a consumption, or who has the disease of the stone, or of strangury, or epilepsy, or some other tedious and incurable disorder of body or mind, which is not discernible to the ordinary man, if the purchaser be a physician or trainer, he shall have no right of restitution ; nor shall there be any right of restitution if the seller has told the truth beforehand to the buyer. But if a skilled person sells to another who is not skilled, let the buyer appeal for restitution within six months, except in the case of epilepsy, and then the appeal may be made within a year. The cause shall be determined by such physicians as the parties may agree to choose ; and the defendant, if he lose the suit, shall pay double the price at which he sold. If a private person sell to another private person, he shall have the right of restitution, and the decision shall be given as before, but the defendant, if he be cast, shall only pay back the price of the slave. If a person sells a homicide to another, and they both know of the fact, let there be no restitution in such a case, but if he do not know of the fact, there shall be a right of restitution, whenever the buyer makes the discovery ; and the decision shall rest with the five youngest guardians of the law, and if the decision be that the seller was cognisant the fact, he shall purify the house of the purchaser, according to the law of the interpreters, and shall pay back three times the purchase-money. LAWS BOOK XI

Ath. I mean to say, that a case may occur in which the nephew, having a rich father, will be unwilling to marry the daughter of his uncle ; he will have a feeling of pride, and he will wish to look higher. And there are cases in which the legislator will be imposing upon him the greatest calamity, and he will be compelled to disobey the law, if he is required, for example, to take a wife who is mad, or has some other terrible malady of soul or body, such as makes life intolerable to the sufferer. Then let what we are saying concerning these cases be embodied in a law : — If any one finds fault with the established laws respecting testaments, both as to other matters and especially in what relates to marriage, and asserts that the legislator, if he were alive and present, would not compel him to obey — that is to say, would not compel those who are by our law required to marry or be given in marriage, to do either — and some kinsman or guardian dispute this, the reply is that the legislator left fifteen of the guardians of the law to be arbiters and fathers of orphans, male or female, and to them let the disputants have recourse, and by their aid determine any matters of the kind, admitting their decision to be final. But if any one thinks that too great power is thus given to the guardians of the law, let him bring his adversaries into the court of the select JUDGES, and there have the points in dispute determined. And he who loses the cause shall have censure and blame from the legislator, which, by a man of sense, is felt to be a penalty far heavier than a great loss of money. LAWS BOOK XI

Thus will orphan children have a second birth. After their first birth we spoke of their nurture and education, and after their second birth, when they have lost their parents, we ought to take measures that the misfortune of orphanhood may be as little sad to them as possible. In the first place, we say that the guardians of the law are lawgivers and fathers to them, not inferior to their natural fathers. Moreover, they shall take charge of them year by year as of their own kindred ; and we have given both to them and to the children’s own guardians a suitable admonition concerning the nurture of orphans. And we seem to have spoken opportunely in our former discourse, when we said that the souls of the dead have the power after death of taking an interest in human affairs, about which there are many tales and traditions, long indeed, but true ; and seeing that they are so many and so ancient, we must believe them, and we must also believe the lawgivers, who tell us that these things are true, if they are not to be regarded as utter fools. But if these things are really so, in the first place men should have a fear of the Gods above, who regard the loneliness of the orphans ; and in the second place of the souls of the departed, who by nature incline to take an especial care of their own children, and are friendly to those who honour, and unfriendly to those who dishonour them. Men should also fear the souls of the living who are aged and high in honour ; wherever a city is well ordered and prosperous, their descendants cherish them, and so live happily ; old persons are quick to see and hear all that relates to them, and are propitious to those who are just in the fulfilment of such duties, and they punish those who wrong the orphan and the desolate, considering that they are the greatest and most sacred of trusts. To all which matters the guardian and magistrate ought to apply his mind, if he has any, and take heed of the nurture and education of the orphans, seeking in every possible way to do them good, for he is making a contribution to his own good and that of his children. He who obeys the tale which precedes the law, and does no wrong to an orphan, will never experience the wrath of the legislator. But he who is disobedient, and wrongs any one who is bereft of father or mother, shall pay twice the penalty which he would have paid if he had wronged one whose parents had been alive. As touching other legislation concerning guardians in their relation to orphans, or concerning magistrates and their superintendence of the guardians, if they did not possess examples of the manner in which children of freemen should be brought up in the bringing up of their own children, and of the care of their property in the care of their own, or if they had not just laws fairly stated about these very things — there would have been reason in making laws for them, under the idea that they were a peculiar-class, and we might distinguish and make separate rules for the life of those who are orphans and of those who are not orphans. But as the case stands, the condition of orphans with us not different from the case of those who have father, though in regard to honour and dishonour, and the attention given to them, the two are not usually placed upon a level. Wherefore, touching the legislation about orphans, the law speaks in serious accents, both of persuasion and threatening, and such a threat as the following will be by no means out of place : — He who is the guardian of an orphan of either sex, and he among the guardians of the law to whom the superintendence of this guardian has been assigned, shall love the unfortunate orphan as though he were his own child, and he shall be as careful and diligent in the management of his possessions as he would be if they were his own, or even more careful and dilligent. Let every one who has the care of an orphan observe this law. But any one who acts contrary to the law on these matters, if he be a guardian of the child, may be fined by a magistrate, or, if he be himself a magistrate, the guardian may bring him before the court of select JUDGES, and punish him, if convicted, by exacting a fine of double the amount of that inflicted by the court. And if a guardian appears to the relations of the orphan, or to any other citizen, to act negligently or dishonestly, let them bring him before the same court, and whatever damages are given against him, let him pay fourfold, and let half belong to the orphan and half to him who procured the conviction. If any orphan arrives at years of discretion, and thinks that he has been ill-used by his guardians, let him within five years of the expiration of the guardianship be allowed to bring them to trial ; and if any of them be convicted, the court shall determine what he shall pay or suffer. And if magistrate shall appear to have wronged the orphan by neglect, and he be convicted, let the court determine what he shall suffer or pay to the orphan, and if there be dishonesty in addition to neglect, besides paying the fine, let him be deposed from his office of guardian of the law, and let the state appoint another guardian of the law for the city and for the country in his room. LAWS BOOK XI

Ath. Every man of any understanding fears and respects the prayers of parents, knowing well that many times and to many persons they have been accomplished. Now these things being thus ordered by nature, good men think it a blessing from heaven if their parents live to old age and reach the utmost limit of human life, or if taken away before their time they are deeply regretted by them ; but to bad men parents are always a cause of terror. Wherefore let every man honour with every sort of lawful honour his own parents, agreeably to what has now been said. But if this prelude be an unmeaning sound in the cars of any one, let the law follow, which may be rightly imposed in these terms : — If any one in this city be not sufficiently careful of his parents, and do not regard and gratify in every respect their wishes more than those of his sons and of his other offspring or of himself — let him who experiences this sort of treatment either come himself, or send some one to inform the three eldest guardians of the law, and three of the women who have the care of marriages ; and let them look to the matter and punish youthful evil-doers with stripes and bonds if they are under thirty years of age, that is to say, if they be men, or if they be women, let them undergo the same punishment up to forty years of age. But if, when they are still more advanced in years, they continue the same neglect of their parents, and do any hurt to any of them, let them be brought before a court in which every single one of the eldest citizens shall be the JUDGES, and if the offender be convicted, let the court determine what he ought to pay or suffer, and any penalty may be imposed on him which a man can pay or suffer. If the person who has been wronged be unable to inform the magistrates, let any freeman who hears of his case inform, and if he do not, he shall be deemed base, and shall be liable to have a suit for damage brought against him by any one who likes. And if a slave inform, he shall receive freedom ; and if he be the slave of the injurer or injured party, he shall be set free by the magistrates, or if he belong to any other citizen, the public shall pay a price on his behalf to the owner ; and let the magistrates take heed that no one wrongs him out of revenge, because he has given information. LAWS BOOK XI

If a man is mad he shall not be at large in the city, but his relations shall keep him at home in any way which they can ; or if not, let them pay a penalty — he who is of the highest class shall pay a penalty of one hundred drachmae, whether he be a slave or a freeman whom he neglects ; and he of the second class shall pay four-fifths of a mina ; and he of the third class three-fifths ; and he of the fourth class two-fifths. Now there are many sorts of madness, some arising out of disease, which we have already mentioned ; and there are other kinds, which originate in an evil and passionate temperament, and are increased by bad education ; out of a slight quarrel this class of madmen will often raise a storm of abuse against one another, and nothing of that sort ought to be allowed to occur in a well-ordered state. Let this, then, be the law about abuse, which shall relate to all cases : — No one shall speak evil of another ; and when a man disputes with another he shall teach and learn of the disputant and the company, but he shall abstain from evilspeaking ; for out of the imprecations which men utter against one another, and the feminine habit of casting aspersions on one another, and using foul names, out of words light as air, in very deed the greatest enmities and hatreds spring up. For the speaker gratifies his anger, which is an ungracious element of his nature ; and nursing up his wrath by the entertainment of evil thoughts, and exacerbating that part of his soul which was formerly civilized by education, he lives in a state of savageness and moroseness, and pays a bitter penalty for his anger. And in such cases almost all men take to saying something ridiculous about their opponent, and there is no man who is in the habit of laughing at another who does not miss virtue and earnestness altogether, or lose the better half of greatness. Wherefore let no one utter any taunting word at a temple, or at the public sacrifices, or at games, or in the agora, or in a court of justice, or in any public assembly. And let the magistrate who presides on these occasions chastise an offender, and he shall be blameless ; but if he fails in doing so, he shall not claim the prize of virtue ; for he is one who heeds not the laws, and does not do what the legislator commands. And if in any other place any one indulges in these sort of revilings, whether he has begun the quarrel or is only retaliating, let any elder who is present support the law, and control with blows those who indulge in passion, which is another great evil ; and if he do not, let him be liable to pay the appointed penalty. And we say now, that he who deals in reproaches against others cannot reproach them without attempting to ridicule them ; and this, when done in a moment of anger, is what we make matter of reproach against him. But then, do we admit into our state the comic writers who are so fond of making mankind ridiculous, if they attempt in a good-natured manner to turn the laugh against our citizens ? or do we draw the distinction of jest and earnest, and allow a man to make use of ridicule in jest and without anger about any thing or person ; though as we were saying, not if he be angry have a set purpose ? We forbid earnest — that is unalterably fixed ; but we have still to say who are to be sanctioned or not to be sanctioned by the law in the employment of innocent humour. A comic poet, or maker of iambic or satirical lyric verse, shall not be permitted to ridicule any of the citizens, either by word or likeness, either in anger or without anger. And if any one is disobedient, the JUDGES shall either at once expel him from the country, or he shall pay a fine of three minae, which shall be dedicated to the God who presides over the contests. Those only who have received permission shall be allowed to write verses at one another, but they shall be without anger and in jest ; in anger and in serious earnest they shall not be allowed. The decision of this matter shall be left to the superintendent of the general education of the young, and whatever he may license, the writer shall be allowed to produce, and whatever he rejects let not the poet himself exhibit, or ever teach anybody else, slave or freeman, under the penalty of being dishonoured, and held disobedient to the laws. LAWS BOOK XI

There are many noble things in human life, but to most of them attach evils which are fated to corrupt and spoil them. Is not justice noble, which has been the civilizer of humanity ? How then can the advocate of justice be other than noble ? And yet upon this profession which is presented to us under the fair name of art has come an evil reputation. In the first place ; we are told that by ingenious pleas and the help of an advocate the law enables a man to win a particular cause, whether just or unjust ; and the power of speech which is thereby imparted, are at the service of him sho is willing to pay for them. Now in our state this so-called art, whether really an art or only an experience and practice destitute of any art, ought if possible never to come into existence, or if existing among us should litten to the request of the legislator and go away into another land, and not speak contrary to justice. If the offenders obey we say no more ; but those who disobey, the voice of the law is as follows : — If anyone thinks that he will pervert the power of justice in the minds of the JUDGES, and unseasonably litigate or advocate, let any one who likes indict him for malpractices of law and dishonest advocacy, and let him be judged in the court of select JUDGES ; and if he be convicted, let the court determine whether he may be supposed to act from a love of money or from contentiousness. And if he is supposed to act from contentiousness, the court shall fix a time during which he shall not be allowed to institute or plead a cause ; and if he is supposed to act as be does from love of money, in case he be a stranger, he shall leave the country, and never return under penalty of death ; but if he be a citizen, he shall die, because he is a lover of money, in whatever manner gained ; and equally, if he be judged to have acted more than once from contentiousness, he shall die. LAWS BOOK XI

Now for expeditions of war much consideration and many laws are required ; the great principle of all is that no one of either sex should be without a commander ; nor should the mind of any one be accustomed to do anything, either in jest or earnest, of his own motion, but in war and in peace he should look to and follow his leader, even in the least things being under his guidance ; for example, he should stand or move, or exercise, or wash, or take his meals, or get up in the night to keep guard and deliver messages when he is bidden ; and in the hour of danger he should not pursue and not retreat except by order of his superior ; and in a word, not teach the soul or accustom her to know or understand how to do anything apart from others. Of all soldiers the life should be always and in all things as far as possible in common and together ; there neither is nor ever will be a higher, or better, or more scientific principle than this for the attainment of salvation and victory in war. And we ought in time of peace from youth upwards to practise this habit of commanding others, and of being commanded by others ; anarchy should have no place in the life of man or of the beasts who are subject to man. I may add that all dances ought to be performed with view to military excellence ; and agility and ease should be cultivated for the same object, and also endurance of the want of meats and drinks, and of winter cold and summer heat, and of hard couches ; and, above all, care should be taken not to destroy the peculiar qualities of the head and the feet by surrounding them with extraneous coverings, and so hindering their natural growth of hair and soles. For these are the extremities, and of all the parts of the body, whether they are preserved or not is of the greatest consequence ; the one is the servant of the whole body, and the other the master, in whom all the ruling senses are by nature set. Let the young man imagine that he hears in what has preceded the praises of the military life ; the law shall be as follows : — He shall serve in war who is on the roll or appointed to some special service, and if any one is absent from cowardice, and without the leave of the generals ; he shall be indicted before the military commanders for failure of service when the army comes home ; and the soldiers shall be his JUDGES ; the heavy armed, and the cavalry, and the other arms of the service shall form separate courts ; and they shall bring the heavy-armed before the heavy-armed, and the horsemen before the horsemen, and the others in like manner before their peers ; and he who is found guilty shall never be allowed to compete for any prize of valour, or indict another for not serving on an expedition, or be an accuser at all in any military matters. Moreover, the court shall further determine what punishment he shall suffer, or what penalty he shall pay. When the suits for failure of service are completed, the leaders of the several kinds of troops shall again hold an assembly, and they shall adjudge the prizes of valour ; and he who likes shall give judgment in his own branch of the service, saying nothing about any former expedition, nor producing any proof or witnesses to confirm his statement, but speaking only of the present occasion. The crown of victory shall be an olive wreath which the victor shall offer up the temple of any war-god whom he likes, adding an inscription for a testimony to last during life, that such an one has received the first, the second, or prize. If any one goes on an expedition, and returns home before the appointed time, when the generals. have not withdrawn the army, be shall be indicted for desertion before the same persons who took cognisance of failure of service, and if he be found guilty, the same punishment shall be inflicted on him. LAWS BOOK XII

What regulations will be proper about examiners, seeing that some of our magistrates are elected by lot, and for a year, and some for a longer time and from selected persons ? Of such magistrates, who will be a sufficient censor or examiner, if any of them, weighed down by the pressure of office or his own inability to support the dignity of his office, be guilty of any crooked practice ? It is by no means easy to find a magistrate who excels other magistrates in virtue, but still we must endeavour to discover some censor or examiner who is more than man. For the truth is, that there are many elements of dissolution in a state, as there are also in a ship, or in an animal ; they all have their cords, and girders, and sinews — one nature diffused in many places, and called by many names ; and the office of examiner is a most important element in the preservation and dissolution of states. For if the examiners are better than the magistrates, and their duty is fulfilled justly and without blame, then the whole state and country flourishes and is happy ; but if the examination of the magistrates is carried on in a wrong way, then, by the relaxation of that justice which is the uniting principle of all constitutions, every power in the state is rent asunder from every other ; they no longer incline in the same direction, but fill the city with faction, and make many cities out of one, and soon bring all to destruction. Wherefore the examiners ought to be admirable in every sort of virtue. Let us invent a mode of creating them, which shall be as follows : — Every year, after the summer solstice, the whole city shall meet in the common precincts of Helios and Apollo, and shall present to the God three men out of their own number in the manner following : — Each citizen shall select, not himself, but some other citizen whom he deems in every way the best, and who is not less than fifty years of age. And out of the selected persons who have the greatest number of votes, they shall make a further selection until they reduce them to one-half, if they are an even number ; but if they are not an even number, they shall subtract the one who has the smallest number of votes, and make them an even number, and then leave the half which have the great number of votes. And if two persons have an equal number of votes, and thus increase the number beyond one-half, they shall withdraw the younger of the two and do away with the excess ; and then including all the rest they shall again vote, until there are left three having an unequal number of votes. But if all the three, or two out of the three, have equal votes, let them commit the election to good fate and fortune, and separate off by lot the first, and the second, and the third ; these they shall crown with an olive wreath and give them the prize of excellence, at the same time proclaiming to all the world that the city of the Magnetes, by providence of the Gods, is again preserved, and presents to the Sun and to Apollo her three best men as first-fruits, to be a common offering to them, according to the ancient law, as long as their lives answer to the judgment formed of them. And these shall appoint in their first year twelve examiners, to continue until each has completed seventy-five years, to whom three shall afterwards be added yearly ; and let these divide all the magistracies into twelve parts, and prove the holders of them by every sort of test to which a freeman may be subjected ; and let them live while they hold office in the precinct of Helios and Apollo, in which they were chosen, and let each one form a judgment of some things individually, and of others in company with his colleagues ; and let him place a writing in the agora about each magistracy, and what the magistrate ought to suffer or pay, according to the decision of the examiners. And if a magistrate does not admit that he has been justly judged, let him bring the examiners before the select JUDGES, and if he be acquitted by their decision, let him, if he will, accuse the examiners themselves ; if, however, he be convicted, and have been condemned to death by the examiners, let him die (and of course he can only die once) : — but any other penalties which admit of being doubled let him suffer twice over. LAWS BOOK XII

And now let us pass under review the examiners themselves ; what will their examination be, and how conducted ? During the life of these men, whom the whole state counts worthy of the rewards of virtue, they shall have the first seat at all public assemblies, and at all Hellenic sacrifices and sacred missions, and other public and holy ceremonies in which they share. The chiefs of each sacred mission shall be selected from them, and they only of all the citizens shall be adorned with a crown of laurel ; they shall all be priests of Apollo and Helios ; and one of them, who is judged first of the priests created in that year, shall be high priest ; and they shall write up his name in each year to be a measure of time as long as the city lasts ; and after their death they shall be laid out and carried to the grave and entombed in a manner different from the other citizens. They shall be decked in a robe all of white, and there shall be no crying or lamentation over them ; but a chorus of fifteen maidens, and another of boys, shall stand around the bier on either side, hymning the praises of the departed priests in alternate responses, declaring their blessedness in song all day long ; and at dawn a hundred of the youths who practise gymnastic and whom the relations of the departed shall choose, shall carry the bier to the sepulchre, the young men marching first, dressed in the garb of warriors — the cavalry with their horses, the heavy-armed with their arms, and the others in like manner. And boys neat the bier and in front of it shall sing their national hymn, and maidens shall follow behind, and with them the women who have passed the age of childbearing ; next, although they are interdicted from other burials, let priests and priestesses follow, unless the Pythian oracle forbid them ; for this burial is free from pollution. The place of burial shall be an oblong vaulted chamber underground, constructed of tufa, which will last for ever, having stone couches placed side by side. And here they will lay the blessed person, and cover the sepulchre with a circular mound of earth and plant a grove of trees around on every side but one ; and on that side the sepulchre shall be allowed to extend for ever, and a new mound will not be required. Every year they shall have contests in music and gymnastics, and in horsemanship, in honour of the dead. These are the honours which shall be given to those who at the examination are found blameless ; but if any of them, trusting to the scrutiny being over, should, after the judgment has been given, manifest the wickedness of human nature, let the law ordain that he who pleases shall indict him, and let the cause be tried in the following manner. In the first place, the court shall be composed of the guardians of the law, and to them the surviving examiners shall be added, as well as the court of select JUDGES ; and let the pursuer lay his indictment in this form — he shall say that so-and-so is unworthy of the prize of virtue and of his office ; and if the defendant be convicted let him be deprived of his office, and of the burial, and of the other honours given him. But if the prosecutor do not obtain the fifth part of the votes, let him, if he be of the first dass, pay twelve minae, and eight if he be of the second class, and six if he be of the third dass, and two minae if he be of the fourth class. LAWS BOOK XII

The so-called decision of Rhadamanthus is worthy of all admiration. He knew that the men of his own time believed and had no doubt that there were Gods, which was a reasonable belief in those days, because most men were the sons of Gods, and according to tradition he was one himself. He appears to have thought that he ought to commit judgment to no man, but to the Gods only, and in this way suits were simply and speedily decided by him. For he made the two parties take an oath respecting the points in dispute, and so got rid of the matter speedily and safely. But now that a certain portion of mankind do not believe at all in the existence of the Gods, and others imagine that they have no care of us, and the opinion of most men, and of the men, is that in return for small sacrifice and a few flattering words they will be their accomplices in purloining large sums and save them from many terrible punishments, the way of Rhadamanthus is no longer suited to the needs of justice ; for as the needs of men about the Gods are changed, the laws should also be changed ; — in the granting of suits a rational legislation ought to do away with the oaths of the parties on either side — he who obtains leave to bring an action should write, down the charges, but should not add an oath ; and the defendant in like manner should give his denial to the magistrates in writing, and not swear ; for it is a dreadful thing to know, when many lawsuits are going on in a state that almost half the people who meet one another quite unconcernedly at the public meals and in other companies and relations of private life are perjured. Let the law, then, be as follows : — A judge who is about to give judgment shall take an oath, and he who is choosing magistrates for the state shall either vote on oath or with a voting tablet which he brings from a temple ; so too the judge of dances and of all music, and the superintendents and umpires of gymnastic and equestrian contests, and any matters in which, as far as men can judge, there is nothing to be gained by a false oath ; but all cases in which a denial confirmed by an oath clearly results in a great advantage to the taker of the oath, shall be decided without the oath of the parties to the suit, and the presiding JUDGES shall not permit either of them. to use an oath for the sake of persuading, nor to call down curses on himself and his race, nor to use unseemly supplications or womanish laments. But they shall ever be teaching and learning what is just in auspicious words ; and he who does otherwise shall be supposed to speak beside the point, and the JUDGES shall again bring him back to the question at issue. On the other hand, strangers in their dealings with strangers shall as at present have power to give and receive oaths, for they will not often grow old in the city or leave a fry of young ones like themselves to be the sons and heirs of the land. LAWS BOOK XII

Let such be the character of the person who goes abroad, and let him go abroad under these conditions. In the next place, the stranger who comes from abroad should be received in a friendly spirit. Now there are four kinds of strangers, of whom we must make some mention — the first is he who comes and stays throughout the summer ; this class are like birds of passage, taking wing in pursuit of commerce, and flying over the sea to other cities, while the season lasts ; he shall be received in market-places and harbours and public buildings, near the city but outside, by those magistrates who are appointed to superintend these matters ; and they shall take care that a stranger, whoever he be, duly receives justice ; but he shall not be allowed to make any innovation. They shall hold the intercourse with him which is necessary, and this shall be as little as possible. The second kind is just a spectator who comes to see with his eyes and hear with his ears the festivals of the Muses ; such ought to have entertainment provided them at the temples by hospitable persons, and the priests and ministers of the temples should see and attend to them. But they should not remain more than a reasonable time ; let them see and hear that for the sake of which they came, and then go away, neither having suffered nor done any harm. The priests shall be their JUDGES, if any of them receive or do any wrong up to the sum of fifty drachmae, but if any greater charge be brought, in such cases the suit shall come before the wardens of the agora. The third kind of stranger is he who comes on some public business from another land, and is to be received with public honours. He is to be received only by the generals and commanders of horse and foot, and the host by whom he is entertained, in conjunction with the Prytanes, shall have the sole charge of what concerns him. There is a fourth dass of persons answering to our spectators, who come from another land to look at ours. In the first place, such visits will be rare, and the visitor should be at least fifty years of age ; he may possibly be wanting to see something that is rich and rare in other states, or himself to show something in like manner to another city. Let such an one, then, go unbidden to the doors of the wise and rich, being one of them himself : let him go, for example, to the house of the superintendent of education, confident that he is a fitting guest of such a host, or let him go to the house of some of those who have gained the prize of virtue and hold discourse with them, both learning from them, and also teaching them ; and when he has seen and heard all, he shall depart, as a friend taking leave of friends, and be honoured by them with gifts and suitable tributes of respect. These are the customs, according to which our city should receive all strangers of either sex who come from other countries, and should send forth her own citizens, showing respect to Zeus, the God of hospitality, not forbidding strangers at meals and sacrifices, as is the manner which prevails among the children of the Nile, nor driving them away by savage proclamations. LAWS BOOK XII

If any one prevents another by force from being present at a trial, whether a principal party or his witnesses ; if the person prevented be a slave, whether his own or belonging to another, the suit shall be incomplete and invalid ; but if he who is prevented be a freeman, besides the suit being incomplete, the other who has prevented him shall be imprisoned for a year, and shall be prosecuted for kidnapping by any one who pleases. And if any one hinders by force a rival competitor in gymnastic or music, or any other sort of contest, from being present at the contest, let him who has a mind inform the presiding JUDGES, and they shall liberate him who is desirous of competing ; and if they are not able, and he who hinders the other from competing wins the prize, then they shall give the prize of victory to him who is prevented, and inscribe him as the conqueror in any temples which he pleases ; and he who hinders the other shall not be permitted to make any offering or inscription having reference to that contest, and in any case he shall be liable for damages, whether he be defeated or whether he conquer. LAWS BOOK XII

Now that the whole city has been divided into parts of which the nature and number have been described, and laws have been given about all the most important contracts as far as this was possible, the next thing will be to have justice done. The first of the courts shall consist of elected JUDGES, who shall be chosen by the plaintiff and the defendant in common : these shall be called arbiters rather than JUDGES. And in the second court there shall be JUDGES of the villages and tribes corresponding to the twelvefold division of the land, and before these the litigants shall go to contend for greater damages, if the suit be not decided before the first JUDGES ; the defendant, if he be defeated the second time, shall pay a fifth more than the damages mentioned in the indictment ; and if he find fault with his JUDGES and would try a third time, let him carry the suit before the select JUDGES, and if he be again defeated, let him pay the whole of the damages and half as much again. And the plaintiff, if when defeated before the first JUDGES he persist in going on to the second, shall if he wins receive in addition to the damages a fifth part more, and if defeated he shall pay a like sum ; but if he is not satisfied with the previous decision, and will insist on proceeding to a third court, then if he win he shall receive from the defendant the amount of the damages and, as I said before, half as much again, and the plaintiff, if he lose, shall pay half of the damages claimed, Now the assignment by lot of JUDGES to courts and the completion of the number of them, and the appointment of servants to the different magistrates, and the times at which the several causes should be heard, and the votings and delays, and all the things that necessarily concern suits, and the order of causes, and the time in which answers have to be put in and parties are to appear — of these and other things akin to these we have indeed already spoken, but there is no harm in repeating what is right twice or thrice : — All lesser and easier matters which the elder legislator has omitted may be supplied by the younger one. Private courts will be sufficiently regulated in this way, and the public and state courts, and those which the magistrates must use in the administration of their several offices, exist in many other states. Many very respectable institutions of this sort have been framed by good men, and from them the guardians of the law may by reflection derive what is necessary, for the order of our new state, considering and correcting them, and bringing them to the test of experience, until every detail appears to be satisfactorily determined ; and then putting the final seal upon them, and making them irreversible, they shall use them for ever afterwards. As to what relates to the silence of JUDGES and the abstinence from words of evil omen and the reverse, and the different notions of the just and good and honourable which exist in our : own as compared with other states, they have been partly mentioned already, and another part of them will be mentioned hereafter as we draw near the end. To all these matters he who would be an equal judge, shall justly look, and he shall possess writings about them that he may learn them. For of all kinds of knowledge the knowledge of good laws has the greatest power of improving the learner ; otherwise there would be no meaning the divine and admirable law possessing a name akin to mind (nous, nomos). And of all other words, such as the praises and censures of individuals which occur in poetry and also in prose, whether written down or uttered in daily conversation, whether men dispute about them in the spirit of contention or weakly assent to them, as is often the case — of all these the one sure test is the writings of the legislator, which the righteous judge ought to have in his mind as the antidote of all other words, and thus make himself and the city stand upright, procuring for the good the continuance and increase of justice, and for the bad, on the other hand, a conversion from ignorance and intemperance, and in general from all unrighteousness, as far as their evil minds can be healed, but to those whose web of life is in reality finished, giving death, which is the only remedy for souls in their condition, as I may say truly again and again. And such JUDGES and chiefs of JUDGES will be worthy of receiving praise from the whole city. LAWS BOOK XII

When the suits of the year are completed the following laws shall regulate their execution : — In the first place, the judge shall assign to the party who wins the suit the whole property of him who loses, with the exception of mere necessaries, and the assignment shall be made through the herald immediately after each decision in the hearing of the JUDGES ; and when the month arrives following the month in which the courts are sitting (unless the gainer of the suit has been previously satisfied), the court shall follow up the case, and hand over to the winner the goods of the loser ; but if they find that he has not the means of paying, and the sum deficient is not less than a drachma, the insolvent person shall not have any right of going to law with any other man until he have satisfied the debt of the winning party ; but other persons shall still have the right of bringing suits against him. And if any one after he is condemned refuses to acknowledge the authority which condemned him, let the magistrates who are thus deprived of their authority bring him before the court of the guardians of the law, and if he be cast, let him be punished with death, as a subverter of the whole state and of the laws. LAWS BOOK XII

And we should in very truth always believe those ancient and sacred teachings, which declare that the soul is immortal, that it has JUDGES, and suffers the greatest penalties when it has been separated from the body. Therefore also we should consider it a lesser evil to suffer great wrongs and outrages than to do them. The covetous man, impoverished as he is in the soul, turns a deaf ear to this teaching ; or if he hears it, he laughs it to scorn with fancied superiority, and shamelessly snatches for himself from every source whatever his bestial fancy supposes will provide for him the means of eating or drinking or glutting himself with that slavish and gross pleasure which is falsely called after the goddess of love. He is blind and cannot see in those acts of plunder which are accompanied by impiety what heinous guilt is attached to each wrongful deed, and that the offender must drag with him the burden of this impiety while he moves about on earth, and when he has travelled beneath the earth on a journey which has every circumstance of shame and misery. LETTERS LETTER VII

The next point which requires to be made clear to anyone who wishes to discover how things really happened, is the reason why it came about that I did not continue my teaching in a second and third lesson and yet oftener. Does Dionysios, after a single lesson, believe himself to know the matter, and has he an adequate knowledge of it, either as having discovered it for himself or learnt it before from others, or does he believe my teaching to be worthless, or, thirdly, to be beyond his range and too great for him, and himself to be really unable to live as one who gives his mind to wisdom and virtue ? For if he thinks it worthless, he will have to contend with many who say the opposite, and who would be held in far higher repute as JUDGES than Dionysios, if on the other hand, he thinks he has discovered or learnt the things and that they are worth having as part of a liberal education, how could he, unless he is an extraordinary person, have so recklessly dishonoured the master who has led the way in these subjects ? How he dishonoured him, I will now state. LETTERS LETTER VII

The policy which would best serve to secure your real “well-doing” is that which I shall now endeavor as best I can to describe to you. And I hope that my advice will not only be salutary to you (though to you in special), but also (8.352c) to all the Syracusans, in the second place, and, in the third, to your enemies and your foes, unless any of them be a doer of impious deeds ; for such deeds are irremediable and none could ever wash out their stain. Mark, then, what I now say. Now that the tyranny is broken down over the whole of Sicily all your fighting rages round this one subject of dispute, the one party desiring to recover the headship, and the other to put the finishing touch to the expulsion of the tyrants. Now the majority of men always believe that the right advice about these matters (8.352d) is the advising of such action as will do the greatest possible harm to one’s enemies and the greatest possible good to one’s friends ; whereas it is by no means easy to do much harm to others without also suffering in turn much harm oneself. And without going far afield one may see such consequences clearly in the recent events in Sicily itself, where the one faction is trying to inflict injury and the other to ward off the injurers ; and the tale thereof, if ever you told it to others, (8.352e) would inevitably prove a most impressive lesson. Of such policies, one may say, there is no lack ; but as for a policy which would prove beneficial to all alike, foes as well as friends, or at least as little detrimental as possible to either, such a policy is neither easy to discern, nor, when discerned, easy to carry out ; and to advise such a policy or attempt to describe it is much like saying a prayer. Be it so, then, that this is nothing but a prayer (and in truth every man ought always (8.353a) to begin his speaking and his thinking with the gods) ; yet may it attain fulfilment in indicating some such counsel as this : — Now and almost ever since the war began both you and your enemies have been ruled continuously by that one family which your fathers set on the throne in the hour of their greatest distress, when Greek Sicily was in the utmost danger of being entirely overrun by the Carthaginians and barbarized. On that occasion they chose Dionysius because of his youth and warlike prowess to take charge of (8.353b) the military operations for which he was suited, with Hipparinus, who was older, as his fellow-counsellor, appointing them dictators for the safeguarding of Sicily, with the title, as men say, of “tyrants.” But whether one prefers to suppose that the cause which ultimately brought about their salvation was divine Fortune and the Deity, or the virtue of the rulers, or possibly the combination of both assisted by the citizens of that age — as to this let everyone form his own notion ; in any case this was the way in which salvation for the men of that generation came about. Seeing, then, that they proved themselves men of such a quality, (8.353c) it is surely right that they should be repaid with gratitude by all those whom they saved. But if in after times the tyrant’s house has wrongly abused the bounty of the city, the penalty for this it has suffered in part, and in part it will have to pay. What, then, is the penalty rightly to be exacted from them under existing circumstances ? If you were able to get quit of them easily, without serious dangers and trouble, or if they were able to regain the empire without difficulty, then, in either case, it would not have been possible for me so much as to offer the advice which I am now about to utter ; but as it is, both of you ought to bear in mind (8.353d) and remember how many times each party has hopefully imagined that it lacked but a little of achieving complete success almost every time ; and, what is more, that it is precisely this little deficiency which is always turning out to be the cause of great and numberless evils. And of these evils no limit is ever reached, but what seems to be the end of the old is always being linked on to the beginning of a new brood ; and because of this endless chain of evil (8.353e) the whole tribe of tyrants and democrats alike will be in danger of destruction. But should any of these consequences — likely as they are though lamentable — come to pass, hardly a trace of the Greek tongue will remain in all Sicily, since it will have been transformed into a province or dependency of Phoenicians or Opicians. Against this all the Greeks must with all zeal provide a remedy. If, therefore, any man knows of a remedy that is truer and better than that which I am now about to propose, (8.354a) and puts it openly before us, he shall have the best right to the title “Friend of Greece.” The remedy, however, which commends itself to me I shall now endeavor to explain, using the utmost freedom of speech and a tone of impartial justice. For indeed I am speaking somewhat like an arbitrator, and addressing to the two parties, the former despot and his subjects, as though each were a single person, the counsel I gave of old. And now also my word of advice to every despot would be that he should shun the despot’s title and his task, and change his despotism for kingship. (8.354b) That this is possible has been actually proved by that wise and good man Lycurgus ; for when he saw that the family of his kinsmen in Argos and in Messene had in both cases destroyed both themselves and their city by advancing from kingship to despotic power, he was alarmed about his own city as well as his own family, and as a remedy he introduced the authority of the Elders and of the Ephors to serve as a bond of safety for the kingly power ; and because of this they have already been kept safe (8.354c) and glorious all these generations since Law became with them supreme king over men instead of men being despots over the laws. And now also I urgently admonish you all to do the same. Those of you who are rushing after despotic power I exhort to change their course and to flee betimes from what is counted as “bliss” by men of insatiable cravings and empty heads, and to try to transform themselves into the semblance of a king, and to become subject to kingly laws, owing their possession of the highest honors to the voluntary goodwill of the citizens and to the laws. And (8.354d) I should counsel those who follow after the ways of freedom, and shun as a really evil thing the yoke of bondage, to beware lest by their insatiable craving for an immoderate freedom they should ever fall sick of their forefathers’ disease, which the men of that time suffered because of their excessive anarchy, through indulging an unmeasured love of freedom. For the Siceliots of the age before Dionysius and Hipparinus began to rule were living blissfully, as they supposed, being in luxury and ruling also over their rulers ; and they even stoned to death the ten generals (8.354e) who preceded Dionysius, without any legal trial, to show that they were no slaves of any rightful master, nor of any law, but were in all ways altogether free. Hence it was that the rule of the despots befell them. For as regards both slavery and freedom, when either is in excess it is wholly evil, but when in moderation wholly good ; and moderate slavery consists in being the slave of God, immoderate, in being the slave of men ; (8.355a) and men of sound sense have Law for their God, but men without sense Pleasure. Since these things are naturally ordained thus, I exhort Dion’s friends to declare what I am advising to all the Syracusans, as being the joint advice both of Dion and myself ; and I will be the interpreter of what he would have said to you now, were he alive and able to speak. “Pray then,” someone might say, “what message does the advice of Dion declare to us concerning the present situation ?” It is this : “Above all else, O ye Syracusans, accept such laws (8.355b) as do not appear to you likely to turn your minds covetously to money-making and wealth ; but rather — since there are three objects, the soul, the body, and money besides, — accept such laws as cause the virtue of the soul to be held first in honor, that of the body second, subordinate to that of the soul, and the honor paid to money to come third and last, in subjection to both the body and the soul. The ordinance which effects this (8.355c) will be truly laid down by you as law, since it really makes those who obey it blessed ; whereas the phrase which terms the rich “blessed” is not only a miserable one in itself, being the senseless phrase of women and children, but also renders those who believe it equally miserable. That this exhortation of mine is true you will learn by actual experience if you make trial of what I am now saying concerning laws ; for in all matters experience is held to be the truest test. And when you have accepted laws of this kind, inasmuch as (8.355d) Sicily is beset with dangers, and you are neither complete victors nor utterly vanquished, it will be, no doubt, both just and profitable for you all to pursue a middle course — not only those of you who flee from the harshness of the tyranny, but also those who crave to win back that tyranny — the men whose ancestors in those days performed the mightiest deed in saving the Greeks from the barbarians, with the result that it is possible for us now to talk about constitutions ; whereas, if they had then been ruined, no place would have been left at all for either talk or hope. So, then, let the one party of you gain freedom by the aid of kingly rule, (8.355e) and the other gain a form of kingly rule that is not irresponsible, with the laws exercising despotic sway over the kings themselves as well as the rest of the citizens, in case they do anything illegal. On these conditions set up kings for all of you, by the help of the gods and with honest and sound intent, — my own son first in return for twofold favors, namely that conferred by me and that conferred by my father ; for he delivered the city from barbarians in his own day, while I, in the present day, have twice delivered it from tyrants, (8.356a) whereof you yourselves are witnesses. And as your second king create the man who possesses the same name as my father and is son to Dionysius, in return for his present assistance and for his pious disposition ; for he, though he is sprung from a tyrant’s loins, is in act of delivering the city of his own free will, gaining thereby for himself and for his race everlasting honor in place of a transitory and unrighteous tyranny. And, thirdly, you ought to invite to become king of Syracuse — as willing king of a willing city — him who is now (8.356b) commander of your enemies’ army, Dionysius, son of Dionysius, if so be that he is willing of his own accord to transform himself into a king, being moved thereto by fear of fortune’s changes, and by pity for his country and the untended state of her temples and her tombs, lest because of his ambition he utterly ruin all and become a cause of rejoicing to the barbarians. And these three, — whether you grant them the power of the Laconian kings or curtail that power by a common agreement, — you should establish as kings in some such manner as the following, (8.356c) which indeed has been described to you before, yet listen to it now again. If you find that the family of Dionysius and Hipparinus is willing to make an end of the evils now occurring in order to secure the salvation of Sicily provided that they receive honors both in the present and for the future for themselves and for their family, then on these terms, as was said before, convoke envoys empowered to negotiate a pact, such men as they may choose, whether they come from Sicily or from abroad or both, and in such numbers as may be mutually agreed. (8.356d) And these men, on their arrival, should first lay down laws and a constitution which is so framed as to permit the kings to be put in control of the temples and of all else that fitly belongs to those who once were benefactors. And as controllers of war and peace they should appoint Law-wardens, thirty-five in number, in conjunction with the People and the Council. And there should be various courts of law for various suits, but in matters involving death or exile the Thirty-five should form the court ; and in addition to these there should be JUDGES selected (8.356e) from the magistrates of each preceding year, one from each magistracy — the one, that is, who is approved as the most good and just ; and these should decide for the ensuing year all cases which involve the death, imprisonment or transportation of citizens ; and it should not be permissible for a king to be a judge of such suits, but he, like a priest, (8.357a) should remain clean from bloodshed and imprisonment and exile. This is what I planned for you when I was alive, and it is still my plan now. With your aid, had not Furies in the guise of guests prevented me, I should then have overcome our foes, and established the State in the way I planned ; and after this, had my intentions been realized, I should have resettled the rest of Sicily by depriving the barbarians of the land they now hold — excepting those who fought in defence of the common liberty against the tyranny — (8.357b) and restoring the former occupiers of the Greek regions to their ancient and ancestral homes. And now likewise I counsel you all with one accord to adopt and execute these same plans, and to summon all to this task, and to count him who refuses as a common enemy. Nor is such a course impossible ; for when plans actually exist in two souls, and when they are readily perceived upon reflection to be the best, he who pronounces such plans impossible is hardly a man of understanding. And by the “two souls” (8.357c) I mean the soul of Hipparinus the son of Dionysius and that of my own son ; for should these agree together, I believe that all the rest of the Syracusans who have a care for their city will consent. Well then, when you have paid due honor, with prayer, to all the gods and all the other powers to whom, along with the gods, it is due, cease not from urging and exhorting both friends and opponents by gentle means and every means, until, like a heaven-sent dream presented to waking eyes, (8.357d) the plan which I have pictured in words be wrought by you into plain deeds and brought to a happy consummation.” LETTERS LETTER VIII

If, I said, he makes a set speech and we make another recounting all the advantages of being just, and he answers and we rejoin, there must be a numbering and measuring of the goods which are claimed on either side, and in the end we shall want JUDGES to decide ; but if we proceed in our inquiry as we lately did, by making admissions to one another, we shall unite the offices of judge and advocate in our own persons. THE REPUBLIC BOOK I

And yet what greater proof can there be of a bad and disgraceful state of education than this, that not only artisans and the meaner sort of people need the skill of first-rate physicians and JUDGES, but also those who would profess to have had a liberal education ? Is it not disgraceful, and a great sign of the want of good-breeding, that a man should have to go abroad for his law and physic because he has none of his own at home, and must therefore surrender himself into the hands of other men whom he makes lords and JUDGES over him ? THE REPUBLIC BOOK III

All that, Socrates, is excellent ; but I should like to put a question to you : Ought there not to be good physicians in a State, and are not the best those who have treated the greatest number of constitutions, good and bad ? and are not the best JUDGES in like manner those who are acquainted with all sorts of moral natures ? THE REPUBLIC BOOK III

Yes, I said, I too would have good JUDGES and good physicians. But do you know whom I think good ? THE REPUBLIC BOOK III

Why, I said, you join physicians and JUDGES. Now the most skilful physicians are those who, from their youth upward, have combined with the knowledge of their art the greatest experience of disease ; they had better not be robust in health, and should have had all manner of diseases in their own persons. For the body, as I conceive, is not the instrument with which they cure the body ; in that case we could not allow them ever to be or to have been sickly ; but they cure the body with the mind, and the mind which has become and is sick can cure nothing. THE REPUBLIC BOOK III

Yes, I replied, and he will be a good man (which is my answer to your question) ; for he is good who has a good soul. But the cunning and suspicious nature of which we spoke — he who has committed many crimes, and fancies himself to be a master in wickedness — when he is among his fellows, is wonderful in the precautions which he takes, because he JUDGES of them by himself : but when he gets into the company of men of virtue, who have the experience of age, he appears to be a fool again, owing to his unseasonable suspicions ; he cannot recognize an honest man, because he has no pattern of honesty in himself ; at the same time, as the bad are more numerous than the good, and he meets with them oftener, he thinks himself, and is by others thought to be, rather wise than foolish. THE REPUBLIC BOOK III

And in what way does he who thinks that wisdom is the discernment of the tempers and tastes of the motley multitude, whether in painting or in music, or, finally, in politics, differ from him whom I have been describing ? For when a man consorts with the many, and exhibits to them his poem or other work of art or the service which he has done the State, making them his JUDGES when he is not obliged, the so-called necessity of Diomede will oblige him to produce whatever they praise. And yet the reasons are utterly ludicrous which they give in confirmation of their own notions about the honorable and good. Did you ever hear any of them which were not ? THE REPUBLIC BOOK VI

Shall I assume that we ourselves are able and experienced JUDGES and have before now met with such a person ? We shall then have someone who will answer our inquiries. THE REPUBLIC BOOK IX

But since experience and wisdom and reason are the JUDGES — THE REPUBLIC BOOK IX

Well, I said, I will tell you a tale ; not one of the tales which Odysseus tells to the hero Alcinous, yet this, too, is a tale of a hero, Er the son of Armenius, a Pamphylian by birth. He was slain in battle, and ten days afterward, when the bodies of the dead were taken up already in a state of corruption, his body was found unaffected by decay, and carried away home to be buried. And on the twelfth day, as he was lying on the funeral pyre, he returned to life and told them what he had seen in the other world. He said that when his soul left the body he went on a journey with a great company, and that they came to a mysterious place at which there were two openings in the earth ; they were near together, and over against them were two other openings in the heaven above. In the intermediate space there were JUDGES seated, who commanded the just, after they had given judgment on them and had bound their sentences in front of them, to ascend by the heavenly way on the right hand ; and in like manner the unjust were bidden by them to descend by the lower way on the left hand ; these also bore the symbols of their deeds, but fastened on their backs. He drew near, and they told him that he was to be the messenger who would carry the report of the other world to them, and they bade him hear and see all that was to be heard and seen in that place. Then he beheld and saw on one side the souls departing at either opening of heaven and earth when sentence had been given on them ; and at the two other openings other souls, some ascending out of the earth dusty and worn with travel, some descending out of heaven clean and bright. And arriving ever and anon they seemed to have come from a long journey, and they went forth with gladness into the meadow, where they encamped as at a festival ; and those who knew one another embraced and conversed, the souls which came from earth curiously inquiring about the things above, and the souls which came from heaven about the things beneath. And they told one another of what had happened by the way, those from below weeping and sorrowing at the remembrance of the things which they had endured and seen in their journey beneath the earth (now the journey lasted a thousand years), while those from above were describing heavenly delights and visions of inconceivable beauty. The story, Glaucon, would take too long to tell ; but the sum was this : He said that for every wrong which they had done to anyone they suffered tenfold ; or once in a hundred years — such being reckoned to be the length of man’s life, and the penalty being thus paid ten times in a thousand years. If, for example, there were any who had been the cause of many deaths, or had betrayed or enslaved cities or armies, or been guilty of any other evil behavior, for each and all of their offences they received punishment ten times over, and the rewards of beneficence and justice and holiness were in the same proportion. I need hardly repeat what he said concerning young children dying almost as soon as they were born. Of piety and impiety to gods and parents, and of murderers, there were retributions other and greater far which he described. He mentioned that he was present when one of the spirits asked another, “Where is Ardiaeus the Great ?” (Now this Ardiaeus lived a thousand years before the time of Er : he had been the tyrant of some city of Pamphylia, and had murdered his aged father and his elder brother, and was said to have committed many other abominable crimes.) The answer of the other spirit was : “He comes not hither, and will never come.” And this, said he, was one of the dreadful sights which we ourselves witnessed. We were at the mouth of the cavern, and, having completed all our experiences, were about to reascend, when of a sudden Ardiaeus appeared and several others, most of whom were tyrants ; and there were also, besides the tyrants, private individuals who had been great criminals : they were just, as they fancied, about to return into the upper world, but the mouth, instead of admitting them, gave a roar, whenever any of these incurable sinners or someone who had not been sufficiently punished tried to ascend ; and then wild men of fiery aspect, who were standing by and heard the sound, seized and carried them off ; and Ardiaeus and others they bound head and foot and hand, and threw them down and flayed them with scourges, and dragged them along the road at the side, carding them on thorns like wool, and declaring to the passers-by what were their crimes, and that they were being taken away to be cast into hell. And of all the many terrors which they had endured, he said that there was none like the terror which each of them felt at that moment, lest they should hear the voice ; and when there was silence, one by one they ascended with exceeding joy. These, said Er, were the penalties and retributions, and there were blessings as great. THE REPUBLIC BOOK X