书城教材教辅法律篇
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第48章 BOOK VI(1)

Athenian Stranger. And now having made an end of the preliminarieswe will proceed to the appointment of magistracies.

Cleinias. Very good.

Ath. In the ordering of a state there are two parts: first, thenumber of the magistracies, and the mode of establishing them; and,secondly, when they have been established, laws again will have tobe provided for each of them, suitable in nature and number. Butbefore electing the magistrates let us stop a little and say a word inseason about the election of them.

Cle. What have you got to say?

Ath. This is what I have to say; every one can see, that althoughthe work of legislation is a most important matter, yet if awell-ordered city superadd to good laws unsuitable offices, not onlywill there be no use in having the good laws-not only will they beridiculous and useless, but the greatest political injury and evilwill accrue from them.

Cle. Of course.

Ath. Then now, my friend, let us observe what will happen in theconstitution of out intended state. In the first place, you willacknowledge that those who are duly appointed to magisterial power,and their families, should severally have given satisfactory proofof what they are, from youth upward until the time of election; in thenext place, those who are to elect should have been trained inhabits of law, and be well educated, that they may have a rightjudgment, and may be able to select or reject men whom they approve ordisapprove, as they are worthy of either. But how can we imaginethat those who are brought together for the first time, and arestrangers to one another, and also uneducated, will avoid makingmistakes in the choice of magistrates?

Cle. Impossible.

Ath. The matter is serious, and excuses will not serve the turn. Iwill tell you, then, what you and I will have to do, since you, as youtell me, with nine others, have offered to settle the new state onbehalf of the people of Crete, and I am to help you by the inventionof the present romance. I certainly should not like to leave thetale wandering all over the world without a head;-a headless monsteris such a hideous thing.

Cle. Excellent, Stranger.

Ath. Yes; and I will be as good as my word.

Cle. Let us by all means do as you propose.

Ath. That we will, by the grace of God, if old age will onlypermit us.

Cle. But God will be gracious.

Ath. Yes; and under his guidance let us consider further point.

Cle. What is it?

Ath. Let us remember what a courageously mad and daring creationthis our city is.

Cle. What had you in your mind when you said that?

Ath. I had in my mind the free and easy manner in which we areordaining that the inexperienced colonists shall receive our laws. Nowa man need not be very wise, Cleinias, in order to see that no one caneasily receive laws at their first imposition. But if we couldanyhow wait until those who have been imbued with them from childhood,and have been nurtured in them, and become habituated to them, taketheir part in the public elections of the state; I say, if thiscould be accomplished, and rightly accomplished by any way orcontrivance-then, I think that there would be very little danger, atthe end of the time, of a state thus trained not being permanent.

Cle. A reasonable supposition.

Ath. Then let us consider if we can find any way out of thedifficulty; for I maintain, Cleinias, that the Cnosians, above all theother Cretans, should not be satisfied with barely discharging theirduty to the colony, but they ought to take the utmost pains toestablish the offices which are first created by them in the bestand surest manner. Above all, this applies to the selection of theguardians of the law, who must be chosen first of all, and with thegreatest care; the others are of less importance.

Cle. What method can we devise of electing them?

Ath. This will be the method:-Sons of the Cretans, I shall say tothem, inasmuch as the Cnosians have precedence over the otherstates, they should, in common with those who join this settlement,choose a body of thirty-seven in all, nineteen of them being takenfrom the settlers, and the remainder from the citizens of Cnosus. Ofthose latter the Cnosians shall make a present to your colony, and youyourself shall be one of the eighteen, and shall become a citizen ofthe new state; and if you and they cannot be persuaded to go, theCnosians may fairly use a little violence in order to make you.

Cle. But why, Stranger, do not you and Megillus take a part in ournew city?

Ath. O, Cleinias, Athens is proud, and Sparta too; and they are botha long way off. But you and likewise the other colonists areconveniently situated as you describe. I have been speaking of the wayin which the new citizens may be best managed under presentcircumstances; but in after-ages, if the city continues to exist,let the election be on this wise. All who are horse or footsoldiers, or have seen military service at the proper ages when theywere severally fitted for it, shall share in the election ofmagistrates; and the election shall be held in whatever temple thestate deems most venerable, and every one shall carry his vote tothe altar of the God, writing down on a tablet the name of theperson for whom he votes, and his father"s name, and his tribe, andward; and at the side he shall write his own name in like manner.