Politics: A Treatise on Government Part 6

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The King of Persia also very often reduces the Medes and Babylonians when they a.s.sume upon their former power: [1284b] and this is a principle which all governments whatsoever keep in their eye; even those which are best administered, as well as those which are not, do it; these for the sake of private utility, the others for the public good.

The same thing is to be perceived in the other arts and sciences; for a painter would not represent an animal with a foot disproportionally large, though he had drawn it remarkably beautiful; nor would the s.h.i.+pwright make the prow or any other part of the vessel larger than it ought to be; nor will the master of the band permit any who sings louder and better than the rest to sing in concert with them. There is therefore no reason that a monarch should not act in agreement with free states, to support his own power, if they do the same thing for the benefit of their respective communities; upon which account when there is any acknowledged difference in the power of the citizens, the reason upon which the ostracism is founded will be politically just; but it is better for the legislator so to establish his state at the beginning as not to want this remedy: but if in course of time such an inconvenience should arise, to endeavour to amend it by some such correction. Not that this was the use it was put to: for many did not regard the benefit of their respective communities, but made the ostracism a weapon in the hand of sedition.

It is evident, then, that in corrupt governments it is partly just and useful to the individual, though probably it is as clear that it is not entirely just: for in a well-governed state there may be great doubts about the use of it, not on account of the pre-eminence which one may have in strength, riches, or connection: but when the pre-eminence is virtue, what then is to be done? for it seems not right to turn out and banish such a one; neither does it seem right to govern him, for that would be like desiring to share the power with Jupiter and to govern him: nothing then remains but what indeed seems natural, and that is for all persons quietly to submit to the government of those who are thus eminently virtuous, and let them be perpetually kings in the separate states.

CHAPTER XIV

What has been now said, it seems proper to change our subject and to inquire into the nature of monarchies; for we have already admitted them to be one of those species of government which are properly founded. And here let us consider whether a kingly government is proper for a city or a country whose princ.i.p.al object is the happiness of the inhabitants, or rather some other. But let us first determine whether this is of one kind only, or more; [1285a] and it is easy to know that it consists of many different species, and that the forms of government are not the same in all: for at Sparta the kingly power seems chiefly regulated by the laws; for it is not supreme in all circ.u.mstances; but when the king quits the territories of the state he is their general in war; and all religious affairs are entrusted to him: indeed the kingly power with them is chiefly that of a general who cannot be called to an account for his conduct, and whose command is for life: for he has not the power of life and death, except as a general; as they frequently had in their expeditions by martial law, which we learn from Homer; for when Agamemnon is affronted in council, he restrains his resentment, but when he is in the field and armed with this power, he tells the Greeks:

"Whoe'er I know shall shun th' impending fight, To dogs and vultures soon shall be a prey; For death is mine...."

This, then, is one species of monarchical government in which the kingly power is in a general for life; and is sometimes hereditary, sometimes elective: besides, there is also another, which is to be met with among some of the barbarians, in which the kings are invested with powers nearly equal to a tyranny, yet are, in some respects, bound by the laws and the customs of their country; for as the barbarians are by nature more p.r.o.ne to slavery than the Greeks, and those in Asia more than those in Europe, they endure without murmuring a despotic government; for this reason their governments are tyrannies; but yet not liable to be overthrown, as being customary and according to law. Their guards also are such as are used in a kingly government, not a despotic one; for the guards of their kings are his citizens, but a tyrant's are foreigners.

The one commands, in the manner the law directs, those who willingly obey; the other, arbitrarily, those who consent not. The one, therefore, is guarded by the citizens, the other against them.

These, then, are the two different sorts of these monarchies, and another is that which in ancient Greece they called _aesumnetes_; which is nothing more than an elective tyranny; and its difference from that which is to be found amongst the barbarians consists not in its not being according to law, but only in its not being according to the ancient customs of the country. Some persons possessed this power for life, others only for a particular time or particular purpose, as the people of Mitylene elected Pittacus to oppose the exiles, who were headed by Antimenides and Alcaeus the poet, as we learn from a poem of his; for he upbraids the Mitylenians for having chosen Pittacus for their tyrant, and with one [1285b] voice extolling him to the skies who was the ruin of a rash and devoted people. These sorts of government then are, and ever were, despotic, on account of their being tyrannies; but inasmuch as they are elective, and over a free people, they are also kingly.

A fourth species of kingly government is that which was in use in the heroic times, when a free people submitted to a kingly government, according to the laws and customs of their country. For those who were at first of benefit to mankind, either in arts or arms, or by collecting them into civil society, or procuring them an establishment, became the kings of a willing people, and established an hereditary monarchy.

They were particularly their generals in war, and presided over their sacrifices, excepting such only as belonged to the priests: they were also the supreme judges over the people; and in this case some of them took an oath, others did not; they did, the form of swearing was by their sceptre held out.

In ancient times the power of the kings extended to everything whatsoever, both civil, domestic, and foreign; but in after-times they relinquished some of their privileges, and others the people a.s.sumed, so that, in some states, they left their kings only the right of presiding over the sacrifices; and even those whom it were worth while to call by that name had only the right of being commander-in-chief in their foreign wars.

These, then, are the four sorts of kingdoms: the first is that of the heroic times; which was a government over a free people, with its rights in some particulars marked out; for the king was their general, their judge, and their high priest. The second, that of the barbarians; which is an hereditary despotic government regulated by laws: the third is that which they call aesumnetic, which is an elective tyranny. The fourth is the Lacedaemonian; and this, in few words, is nothing more than an hereditary generals.h.i.+p: and in these particulars they differ from each other. There is a fifth species of kingly government, which is when one person has a supreme power over all things whatsoever, in the manner that every state and every city has over those things which belong to the public: for as the master of a family is king in his own house, so such a king is master of a family in his own city or state.

CHAPTER XV

But the different sorts of kingly governments may, if I may so say, be reduced to two; which we will consider more particularly. The last spoken of, and the Lacedaemonian, for the chief of the others are placed between these, which are as it were at the extremities, they having less power than an absolute government, and yet more than the Lacedaemonians; so that the whole matter in question may be reduced to these two points; the one is, whether it is advantageous to the citizens to have the office of general continue in one person for life, and whether it should be confined to any particular families or whether every one should be eligible: the other, whether [1286a] it is advantageous for one person to have the supreme power over everything or not. But to enter into the particulars concerning the office of a Lacedaemonian general would be rather to frame laws for a state than to consider the nature and utility of its const.i.tution, since we know that the appointing of a general is what is done in every state. Pa.s.sing over this question then, we will proceed to consider the other part of their government, which is the polity of the state; and this it will be necessary to examine particularly into, and to go through such questions as may arise.

Now the first thing which presents itself to our consideration is this, whether it is best to be governed by a good man, or by good laws? Those who prefer a kingly government think that laws can only speak a general language, but cannot adapt themselves to particular circ.u.mstances; for which reason it is absurd in any science to follow written rule; and even in Egypt the physician was allowed to alter the mode of cure which the law prescribed to him, after the fourth day; but if he did it sooner it was at his own peril: from whence it is evident, on the very same account, that a government of written laws is not the best; and yet general reasoning is necessary to all those who are to govern, and it will be much more perfect in those who are entirely free from pa.s.sions than in those to whom they are natural. But now this is a quality which laws possess; while the other is natural to the human soul. But some one will say in answer to this, that man will be a better judge of particulars. It will be necessary, then, for a king to be a lawgiver, and that his laws should be published, but that those should have no authority which are absurd, as those which are not, should. But whether is it better for the community that those things which cannot possibly come under the cognisance of the law either at all or properly should be under the government of every worthy citizen, as the present method is, when the public community, in their general a.s.semblies, act as judges and counsellors, where all their determinations are upon particular cases, for one individual, be he who he will, will be found, upon comparison, inferior to a whole people taken collectively: but this is what a city is, as a public entertainment is better than one man's portion: for this reason the mult.i.tude judge of many things better than any one single person. They are also less liable to corruption from their numbers, as water is from its quant.i.ty: besides, the judgment of an individual must necessarily be perverted if he is overcome by anger or any other pa.s.sion; but it would be hard indeed if the whole community should be misled by anger. Moreover, let the people be free, and they will do nothing but in conformity to the law, except only in those cases which the law cannot speak to. But though what I am going to propose may not easily be met with, yet if the majority of the state should happen to be good men, should they prefer one uncorrupt governor or many equally good, is it not evident that they should choose the many? But there may be divisions among [1286b] these which cannot happen when there is but one. In answer to this it may be replied that all their souls will be as much animated with virtue as this one man's.

If then a government of many, and all of them good men, compose an aristocracy, and the government of one a kingly power, it is evident that the people should rather choose the first than the last; and this whether the state is powerful or not, if many such persons so alike can be met with: and for this reason probable it was, that the first governments were generally monarchies; because it was difficult to find a number of persons eminently virtuous, more particularly as the world was then divided into small communities; besides, kings were appointed in return for the benefits they had conferred on mankind; but such actions are peculiar to good men: but when many persons equal in virtue appeared at the time, they brooked not a superiority, but sought after an equality and established a free state; but after this, when they degenerated, they made a property of the public; which probably gave rise to oligarchies; for they made wealth meritorious, and the honours of government were reserved for the rich: and these afterwards turned to tyrannies and these in their turn gave rise to democracies; for the power of the tyrants continually decreasing, on account of their rapacious avarice, the people grew powerful enough to frame and establish democracies: and as cities after that happened to increase, probably it was not easy for them to be under any other government than a democracy. But if any person prefers a kingly government in a state, what is to be done with the king's children? Is the family also to reign? But should they have such children as some persons usually have, it will be very detrimental. It may be said, that then the king who has it in his power will never permit such children to succeed to his kingdom. But it is not easy to trust to that; for it is very hard and requires greater virtue than is to be met with in human nature. There is also a doubt concerning the power with which a king should be entrusted: whether he should be allowed force sufficient to compel those who do not choose to be obedient to the laws, and how he is to support his government? for if he is to govern according to law and do nothing of his own will which is contrary thereunto, at the same time it will be necessary to protect that power with which he guards the law, This matter however may not be very difficult to determine; for he ought to have a proper power, and such a one is that which will be sufficient to make the king superior to any one person or even a large part of the community, but inferior to the whole, as the ancients always appointed guards for that person whom they created aesumnetes or tyrant; and some one advised the Syracusians, when Dionysius asked for guards, to allow him such.

CHAPTER XVI

[1287a] We will next consider the absolute monarch that we have just mentioned, who does everything according to his own will: for a king governing under the direction of laws which he is obliged to follow does not of himself create any particular species of government, as we have already said: for in every state whatsoever, either aristocracy or democracy, it is easy to appoint a general for life; and there are many who entrust the administration of affairs to one person only; such is the government at Dyrrachium, and nearly the same at Opus. As for an absolute monarchy as it is called, that is to say, when the whole state is wholly subject to the will of one person, namely the king, it seems to many that it is unnatural that one man should have the entire rule over his fellow-citizens when the state consists of equals: for nature requires that the same right and the same rank should necessarily take place amongst all those who are equal by nature: for as it would be hurtful to the body for those who are of different const.i.tutions to observe the same regimen, either of diet or clothing, so is it with respect to the honours of the state as hurtful, that those who are equal in merit should be unequal in rank; for which reason it is as much a man's duty to submit to command as to a.s.sume it, and this also by rotation; for this is law, for order is law; and it is more proper that law should govern than any one of the citizens: upon the same principle, if it is advantageous to place the supreme power in some particular persons, they should be appointed to be only guardians, and the servants of the laws, for the supreme power must be placed somewhere; but they say, that it is unjust that where all are equal one person should continually enjoy it. But it seems unlikely that man should be able to adjust that which the law cannot determine; it may be replied, that the law having laid down the best rules possible, leaves the adjustment and application of particulars to the discretion of the magistrate; besides, it allows anything to be altered which experience proves may be better established. Moreover, he who would place the supreme power in mind, would place it in G.o.d and the laws; but he who entrusts man with it, gives it to a wild beast, for such his appet.i.tes sometimes make him; for pa.s.sion influences those who are in power, even the very best of men: for which reason law is reason without desire.

The instance taken from the arts seems fallacious: wherein it is said to be wrong for a sick person to apply for a remedy to books, but that it would be far more eligible to employ those who are skilful in physic; for these do nothing contrary to reason from motives of friends.h.i.+p but earn their money by curing the sick, whereas those who have the management of public affairs do many things through hatred or favour.

And, as a proof of what we have advanced, it may be observed, that whenever a sick person suspects that his physician has been persuaded by his enemies to be guilty of any foul practice to him in his profession, he then rather chooses to apply to books for his cure: and not only this [1287b] but even physicians themselves when they are ill call in other physicians: and those who teach others the gymnastic exercises, exercise with those of the same profession, as being incapable from self-partiality to form a proper judgment of what concerns themselves.

From whence it is evident, that those who seek for what is just, seek for a mean; now law is a mean. Moreover; the moral law is far superior and conversant with far superior objects than the written law; for the supreme magistrate is safer to be trusted to than the one, though he is inferior to the other. But as it is impossible that one person should have an eye to everything himself, it will be necessary that the supreme magistrate should employ several subordinate ones under him; why then should not this be done at first, instead of appointing one person in this manner? Besides, if, according to what has been already said, the man of worth is on that account fit to govern, two men of worth are certainly better than one: as, for instance, in Homer, "Let two together go:" and also Agamemnon's wish; "Were ten such faithful counsel mine!"

Not but that there are even now some particular magistrates invested with supreme power to decide, as judges, those things which the law cannot, as being one of those cases which comes not properly under its jurisdiction; for of those which can there is no doubt: since then laws comprehend some things, but not all, it is necessary to enquire and consider which of the two is preferable, that the best man or the best law should govern; for to reduce every subject which can come under the deliberation of man into a law is impossible.

No one then denies, that it is necessary that there should be some person to decide those cases which cannot come under the cognisance of a written law: but we say, that it is better to have many than one; for though every one who decides according to the principles of the law decides justly; yet surely it seems absurd to suppose, that one person can see better with two eyes, and hear better with two ears, or do better with two hands and two feet, than many can do with many: for we see that absolute monarchs now furnish themselves with many eyes and ears and hands and feet; for they entrust those who are friends to them and their government with part of their power; for if they are not friends to the monarch, they will not do what he chooses; but if they are friends to him, they are friends also to his government: but a friend is an equal and like his friend: if then he thinks that such should govern, he thinks that his equal also should govern. These are nearly the objections which are usually made to a kingly power.

CHAPTER XVII

Probably what we have said may be true of some persons, but not of others; for some men are by nature formed to be under the government of a master; others, of a king; others, to be the citizens of a free state, just and useful; but a tyranny is not according to nature, nor the other perverted forms of government; for they are contrary to it. But it is evident from what has been said, that among equals it is neither advantageous nor [1288a] right that one person should be lord over all where there are no established laws, but his will is the law; or where there are; nor is it right that one who is good should have it over those who are good; or one who is not good over those who are not good; nor one who is superior to the rest in worth, except in a particular manner, which shall be described, though indeed it has been already mentioned. But let us next determine what people are best qualified for a kingly government, what for an aristocratic, and what for a democratic. And, first, for a kingly; and it should be those who are accustomed by nature to submit the civil government of themselves to a family eminent for virtue: for an aristocracy, those who are naturally framed to bear the rule of free men, whose superior virtue makes them worthy of the management of others: for a free state, a war-like people, formed by nature both to govern and be governed by laws which admit the poorest citizen to share the honours of the commonwealth according to his worth. But whenever a whole family or any one of another shall happen so far to excel in virtue as to exceed all other persons in the community, then it is right that the kingly power should be in them, or if it is an individual who does so, that he should be king and lord of all; for this, as we have just mentioned, is not only correspondent to that principle of right which all founders of all states, whether aristocracies, oligarchies, or democracies, have a regard to (for in placing the supreme power they all think it right to fix it to excellence, though not the same); but it is also agreeable to what has been already said; as it would not be right to kill, or banish, or ostracise such a one for his superior merit. Nor would it be proper to let him have the supreme power only in turn; for it is contrary to nature that what is highest should ever be lowest: but this would be the case should such a one ever be governed by others. So that there can nothing else be done but to submit, and permit him continually to enjoy the supreme power. And thus much with respect to kingly power in different states, and whether it is or is not advantageous to them, and to what, and in what manner.

CHAPTER XVIII

Since then we have said that there are three sorts of regular governments, and of these the best must necessarily be that which is administered by the best men (and this must be that which happens to have one man, or one family, or a number of persons excelling all the rest in virtue, who are able to govern and be governed in such a manner as will make life most agreeable, and we have already shown that the virtue of a good man and of a citizen in the most perfect government will be the same), it is evident, that in the same manner, and for those very qualities which would procure a man the character of good, any one would say, that the government of a state was a well-established aristocracy or kingdom; so that it will be found to be education and [1288b] morals that are almost the whole which go to make a good man, and the same qualities will make a good citizen or good king.

These particulars being treated of, we will now proceed to consider what sort of government is best, how it naturally arises, and how it is established; for it is necessary to make a proper inquiry concerning this.

BOOK IV

CHAPTER I

In every art and science which is not conversant in parts but in some one genus in which it is complete, it is the business of that art alone to determine what is fitted to its particular genus; as what particular exercise is fitted to a certain particular body, and suits it best: for that body which is formed by nature the most perfect and superior to others necessarily requires the best exercise-and also of what one kind that must be which will suit the generality; and this is the business of the gymnastic arts: and although any one should not desire to acquire an exact knowledge and skill in these exercises, yet it is not, on that account, the less necessary that he who professes to be a master and instruct the youth in them should be perfect therein: and we see that this is what equally befalls the healing, s.h.i.+pbuilding, cloth-making, and indeed all other arts; so that it evidently belongs to the same art to find out what kind of government is best, and would of all others be most correspondent to our wish, while it received no molestation from without: and what particular species of it is adapted to particular persons; for there are many who probably are incapable of enjoying the best form: so that the legislator, and he who is truly a politician, ought to be acquainted not only with that which is most perfect imaginable, but also that which is the best suited to any given circ.u.mstances. There is, moreover, a third sort, an imaginary one, and he ought, if such a one should be presented to his consideration, to be able to discern what sort of one it would be at the beginning; and, when once established, what would be the proper means to preserve it a long time. I mean, for instance, if a state should happen not to have the best form of government, or be deficient in what was necessary, or not receive every advantage possible, but something less. And, besides all this, it is necessary to know what sort of government is best fitting for all cities: for most of those writers who have treated this subject, however speciously they may handle other parts of it, have failed in describing the practical parts: for it is not enough to be able to perceive what is best without it is what can be put in practice. It should also be simple, and easy for all to attain to. But some seek only the most subtile forms of government. Others again, choosing [1289a]

rather to treat of what is common, censure those under which they live, and extol the excellence of a particular state, as the Lacedaemonian, or some other: but every legislator ought to establish such a form of government as from the present state and disposition of the people who are to receive it they will most readily submit to and persuade the community to partake of: for it is not a business of less trouble to correct the mistakes of an established government than to form a new one; as it is as difficult to recover what we have forgot as to learn anything afresh. He, therefore, who aspires to the character of a legislator, ought, besides all we have already said, to be able to correct the mistakes of a government already established, as we have before mentioned. But this is impossible to be done by him who does not know how many different forms of government there are: some persons think that there is only one species both of democracy and oligarchy; but this is not true: so that every one should be acquainted with the difference of these governments, how great they are, and whence they arise; and should have equal knowledge to perceive what laws are best, and what are most suitable to each particular government: for all laws are, and ought to be, framed agreeable to the state that is to be governed by them, and not the state to the laws: for government is a certain ordering in a state which particularly respects the magistrates in what manner they shall be regulated, and where the supreme power shall be placed; and what shall be the final object which each community shall have in view; but the laws are something different from what regulates and expresses the form of the const.i.tution-it is their office to direct the conduct of the magistrate in the execution of his office and the punishment of offenders. From whence it is evident, that the founders of laws should attend both to the number and the different sorts of government; for it is impossible that the same laws should be calculated for all sorts of oligarchies and all sorts of democracies, for of both these governments there are many species, not one only.

CHAPTER II

Since, then, according to our first method in treating of the different forms of government, we have divided those which are regular into three sorts, the kingly, the aristocratical, the free states, and shown the three excesses which these are liable to: the kingly, of becoming tyrannical; the aristocratical, oligarchical; and the free state, democratical: and as we have already treated of the aristocratical and kingly; for to enter into an inquiry what sort of government is best is the same thing as to treat of these two expressly; for each of them desires to be established upon the principles of virtue: and as, moreover, we have already determined wherein a kingly power and an aristocracy differ from each other, and when a state may be said to be governed by a king, it now remains that we examine into a free state, and also these other governments, an oligarchy, a democracy, and a [1289b] tyranny; and it is evident of these three excesses which must be the worst of all, and which next to it; for, of course, the excesses of the best and most holy must be the worst; for it must necessarily happen either that the name of king only will remain, or else that the king will a.s.sume more power than belongs to him, from whence tyranny will arise, the worst excess imaginable, a government the most contrary possible to a free state. The excess next hurtful is an oligarchy; for an aristocracy differs much from this sort of government: that which is least so is a democracy. This subject has been already treated of by one of those writers who have gone before me, though his sentiments are not the same as mine: for he thought, that of all excellent const.i.tutions, as a good oligarchy or the like, a democracy was the worst, but of all bad ones, the best.

Now I affirm, that all these states have, without exception, fallen into excess; and also that he should not have said that one oligarchy was better than another, but that it was not quite so bad. But this question we shall not enter into at present. We shall first inquire how many different sorts of free states there are; since there are many species of democracies and oligarchies; and which of them is the most comprehensive, and most desirable after the best form of government; or if there is any other like an aristocracy, well established; and also which of these is best adapted to most cities, and which of them is preferable for particular persons: for, probably, some may suit better with an oligarchy than a democracy, and others better with a democracy than an oligarchy; and afterwards in what manner any one ought to proceed who desires to establish either of these states, I mean every species of democracy, and also of oligarchy. And to conclude, when we shall have briefly gone through everything that is necessary, we will endeavour to point out the sources of corruption, and stability, in government, as well those which are common to all as those which are peculiar to each state, and from what causes they chiefly arise.

Politics: A Treatise on Government Part 6

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