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Nor do I approve of his method of determining causes, when he would have the judge split the case which comes simply before him; and thus, instead of being a judge, become an arbitrator. Now when any matter is brought to arbitration, it is customary for many persons to confer together upon the business that is before them; but when a cause is brought before judges it is not so; and many legislators take care that the judges shall not have it in their power to communicate their sentiments to each other. Besides, what can prevent confusion on the bench when one judge thinks a fine should be different from what another has set it at; one proposing twenty minae, another ten, or be it more or less, another four, and another five; and it is evident, that in this manner they will differ from each other, while some will give the whole damages sued for, and others nothing; in this situation, how shall their determinations be settled? Besides, a judge cannot be obliged to perjure himself who simply acquits or condemns, if the action is fairly and justly brought; for he who acquits the party does not say that he ought not to pay any fine at all, but that he ought not to pay a fine of twenty minae. But he that condemns him is guilty of perjury if he sentences him to pay twenty minae while he believes the damages ought not to be so much.
Now with respect to these honours which he proposes to bestow on those who can give any information useful to the community, this, though very pleasing in speculation, is what the legislator should not settle, for it would encourage informers, and probably occasion commotions in the state. And this proposal of his gives rise also to further conjectures and inquiries; for some persons have doubted whether it is useful or hurtful to alter the established law of any country, if even for the better; for which reason one cannot immediately determine upon what he here says, whether it is advantageous to alter the law or not. We know, indeed, that it is possible to propose to new model both the laws and government as a common good; and since we have mentioned this subject, it may be very proper to enter into a few particulars concerning it, for it contains some difficulties, as I have already said, and it may appear better to alter them, since it has been found useful in other sciences.
Thus the science of physic is extended beyond its ancient bounds; so is the gymnastic, and indeed all other arts and powers; so that one may lay it down for certain that the same thing will necessarily hold good in the art of government. And it may also be affirmed, that experience itself gives a proof of this; for the ancient laws are too simple and barbarous; which allowed the Greeks to wear swords in the city, and to buy their wives of each [1269a]. other. And indeed all the remains of old laws which we have are very simple; for instance, a law in Cuma relative to murder. If any person who prosecutes another for murder can produce a certain number of witnesses to it of his own relations, the accused person shall be held guilty. Upon the whole, all persons ought to endeavour to follow what is right, and not what is established; and it is probable that the first men, whether they sprung out of the earth, or were saved from some general calamity, had very little understanding or knowledge, as is affirmed of these aborigines; so that it would be absurd to continue in the practice of their rules. Nor is it, moreover, right to permit written laws always to remain without alteration; for as in all other sciences, so in politics, it is impossible to express everything in writing with perfect exactness; for when we commit anything to writing we must use general terms, but in every action there is something particular to itself, which these may not comprehend; from whence it is evident, that certain laws will at certain times admit of alterations. But if we consider this matter in another point of view, it will appear to require great caution; for when the advantage proposed is trifling, as the accustoming the people easily to abolish their laws is of bad consequence, it is evidently better to pass over some faults which either the legislator or the magistrates may have committed; for the alterations will not be of so much service as a habit of disobeying the magistrates will be of disservice. Besides, the instance brought from the arts is fallacious; for it is not the same thing to alter the one as the other. For a law derives all its strength from custom, and this requires long time to establish; so that, to make it an easy matter to pass from the established laws to other new ones, is to weaken the power of laws. Besides, here is another question; if the laws are to be altered, are they all to be altered, and in every government or not, and whether at the pleasure of one person or many? all which particulars will make a great difference; for which reason we will at present drop the inquiry, to pursue it at some other time.
There are two considerations which offer themselves with respect to the government established at Lacedaemon and Crete, and indeed in almost all other states whatsoever; one is whether their laws do or do not promote the best establishment possible? the other is whether there is anything, if we consider either the principles upon which it is founded or the executive part of it, which prevents the form of government that they had proposed to follow from being observed; now it is allowed that in every well-regulated state the members of it should be free from servile labour; but in what manner this shall be effected is not so easy to determine; for the Penestse have very often attacked the Thessalians, and the Helots the Lacedaemonians, for they in a manner continually watch an opportunity for some misfortune befalling them. But no such thing has ever happened to the Cretans; the [1269b] reason for which probably is, that although they are engaged in frequent wars with the neighbouring cities, yet none of these would enter into an alliance with the revolters, as it would be disadvantageous for them, who themselves also have their villains. But now there is perpetual enmity between the Lacedaemonians and all their neighbours, the Argives, the Messenians, and the Arcadians. Their slaves also first revolted from the Thessalians while they were engaged in wars with their neighbours the Acheans, the Perrabeans, and the Magnesians. It seems to me indeed, if nothing else, yet something very troublesome to keep upon proper terms with them; for if you are remiss in your discipline they grow insolent, and think themselves upon an equality with their masters; and if they are hardly used they are continually plotting against you and hate you. It is evident, then, that those who employ slaves have not as yet hit upon the right way of managing them.
As to the indulging of women in any particular liberties, it is hurtful to the end of government and the prosperity of the city; for as a man and his wife are the two parts of a family, if we suppose a city to be divided into two parts, we must allow that the number of men and women will be equal.
