Three higher principles may be brought to bear on all these corrupt natures. 'What are they?' Religion, honour, and the love of the higher qualities of the soul. Perhaps this is a dream only, yet it is the best of dreams; and if not the whole, still, by the grace of God, a part of what we desire may be realized. Either men may learn to abstain wholly from any loves, natural or unnatural, except of their wedded wives; or, at least, they may give up unnatural loves; or, if detected, they shall be punished with loss of citizenship, as aliens from the state in their morals. 'I entirely agree with you,' said Megillus, 'but Cleinias must speak for himself.' 'I will give my opinion by-and-by.'
We were speaking of the syssitia, which will be a natural institution in a Cretan colony. Whether they shall be established after the model of Crete or Lacedaemon, or shall be different from either, is an unimportant question which may be determined without difficulty. We may, therefore, proceed to speak of the mode of life among our citizens, which will be far less complex than in other cities; a state which is inland and not maritime requires only half the number of laws. There is no trouble about trade and commerce, and a thousand other things. The legislator has only to regulate the affairs of husbandmen and shepherds, which will be easily arranged, now that the principal questions, such as marriage, education, and government, have been settled.
Let us begin with husbandry: First, let there be a law of Zeus against removing a neighbour's landmark, whether he be a citizen or stranger. For this is 'to move the immoveable'; and Zeus, the God of kindred, witnesses to the wrongs of citizens, and Zeus, the God of strangers, to the wrongs of strangers. The offence of removing a boundary shall receive two punishments – the first will be inflicted by the God himself; the second by the judges. In the next place, the differences between neighbours about encroachments must be guarded against. He who encroaches shall pay twofold the amount of the injury; of all such matters the wardens of the country shall be the judges, in lesser cases the officers, and in greater the whole number of them belonging to any one division. Any injury done by cattle, the decoying of bees, the careless firing of woods, the planting unduly near a neighbour's ground, shall all be visited with proper damages. Such details have been determined by previous legislators, and need not now be mixed up with greater matters. Husbandmen have had of old excellent rules about streams and waters; and we need not 'divert their course.' Anybody may take water from a common stream, if he does not thereby cut off a private spring; he may lead the water in any direction, except through a house or temple, but he must do no harm beyond the channel. If land is without water the occupier shall dig down to the clay, and if at this depth he find no water, he shall have a right of getting water from his neighbours for his household; and if their supply is limited, he shall receive from them a measure of water fixed by the wardens of the country. If there be heavy rains, the dweller on the higher ground must not recklessly suffer the water to flow down upon a neighbour beneath him, nor must he who lives upon lower ground or dwells in an adjoining house refuse an outlet. If the two parties cannot agree, they shall go before the wardens of the city or country, and if a man refuse to abide by their decision, he shall pay double the damage which he has caused.
In autumn God gives us two boons – one the joy of Dionysus not to be laid up – the other to be laid up. About the fruits of autumn let the law be as follows: He who gathers the storing fruits of autumn, whether grapes or figs, before the time of the vintage, which is the rising of Arcturus, shall pay fifty drachmas as a fine to Dionysus, if he gathers on his own ground; if on his neighbour's ground, a mina, and two-thirds of a mina if on that of any one else. The grapes or figs not used for storing a man may gather when he pleases on his own ground, but on that of others he must pay the penalty of removing what he has not laid down. If he be a slave who has gathered, he shall receive a stroke for every grape or fig. A metic must purchase the choice fruit; but a stranger may pluck for himself and his attendant. This right of hospitality, however, does not extend to storing grapes. A slave who eats of the storing grapes or figs shall be beaten, and the freeman be dismissed with a warning. Pears, apples, pomegranates, may be taken secretly, but he who is detected in the act of taking them shall be lightly beaten off, if he be not more than thirty years of age. The stranger and the elder may partake of them, but not carry any away; the latter, if he does not obey the law, shall fail in the competition of virtue, if anybody brings up his offence against him.
Water is also in need of protection, being the greatest element of nutrition, and, unlike the other elements – soil, air, and sun – which conspire in the growth of plants, easily polluted. And therefore he who spoils another's water, whether in springs or reservoirs, either by trenching, or theft, or by means of poisonous substances, shall pay the damage and purify the stream. At the getting-in of the harvest everybody shall have a right of way over his neighbour's ground, provided he is careful to do no damage beyond the trespass, or if he himself will gain three times as much as his neighbour loses. Of all this the magistrates are to take cognizance, and they are to assess the damage where the injury does not exceed three minae; cases of greater damage can be tried only in the public courts. A charge against a magistrate is to be referred to the public courts, and any one who is found guilty of deciding corruptly shall pay twofold to the aggrieved person. Matters of detail relating to punishments and modes of procedure, and summonses, and witnesses to summonses, do not require the mature wisdom of the aged legislator; the younger generation may determine them according to their experience; but when once determined, they shall remain unaltered.
The following are to be the regulations respecting handicrafts: – No citizen, or servant of a citizen, is to practise them. For the citizen has already an art and mystery, which is the care of the state; and no man can practise two arts, or practise one and superintend another. No smith should be a carpenter, and no carpenter, having many slaves who are smiths, should look after them himself; but let each man practise one art which shall be his means of livelihood. The wardens of the city should see to this, punishing the citizen who offends with temporary deprival of his rights – the foreigner shall be imprisoned, fined, exiled. Any disputes about contracts shall be determined by the wardens of the city up to fifty drachmae – above that sum by the public courts. No customs are to be exacted either on imports or exports. Nothing unnecessary is to be imported from abroad, whether for the service of the Gods or for the use of man – neither purple, nor other dyes, nor frankincense, – and nothing needed in the country is to be exported. These things are to be decided on by the twelve guardians of the law who are next in seniority to the five elders. Arms and the materials of war are to be imported and exported only with the consent of the generals, and then only by the state. There is to be no retail trade either in these or any other articles. For the distribution of the produce of the country, the Cretan laws afford a rule which may be usefully followed. All shall be required to distribute corn, grain, animals, and other valuable produce, into twelve portions. Each of these shall be subdivided into three parts – one for freemen, another for servants, and the third shall be sold for the supply of artisans, strangers, and metics. These portions must be equal whether the produce be much or little; and the master of a household may distribute the two portions among his family and his slaves as he pleases – the remainder is to be measured out to the animals.
Next as to the houses in the country – there shall be twelve villages, one in the centre of each of the twelve portions; and in every village there shall be temples and an agora – also shrines for heroes or for any old Magnesian deities who linger about the place. In every division there shall be temples of Hestia, Zeus, and Athene, as well as of the local deity, surrounded by buildings on eminences, which will be the guard-houses of the rural police. The dwellings of the artisans will be thus arranged: – The artisans shall be formed into thirteen guilds, one of which will be divided into twelve parts and settled in the city; of the rest there shall be one in each division of the country. And the magistrates will fix them on the spots where they will cause the least inconvenience and be most serviceable in supplying the wants of the husbandmen.
The care of the agora will fall to the wardens of the agora. Their first duty will be the regulation of the temples which surround the market-place; and their second to see that the markets are orderly and that fair dealing is observed. They will also take care that the sales which the citizens are required to make to strangers are duly executed. The law shall be, that on the first day of each month the auctioneers to whom the
