Political fragments of Archytas and other ancient Pythagoreans/From the treatise of Archytas on law and justice

by Archytas

FROM THE TREATISE OF ARCHYTAS ON LAW AND JUSTICE.

I say that every [political] association consists of a governor and the governed; and of a third thing, viz. the laws. Of laws, however, one is animated, viz. a king; but another inanimate, viz. written law. The first law, therefore, is animated^[1]; and if it is observed, the king will be legitimate; the magistrate will be consentaneous; the subject will be free; and the whole community will be happy. But if both the animated and written laws are transgressed, the king will be a tyrant; the magistrate unfit for his office; the subject a slave; and the whole community unhappy. For actions form a continued series from governing, the being governed, and, in the third place, from subjugation. To govern, therefore, is the province of that which is more, but to be governed, of that which is less excellent, and to be subjugated, pertains to both these. For that part of the soul which is rational governs, the part which is irrational is governed, and both are vanquished by the passions. For virtue is produced from the apt conjunction of both these parts; and she leads the soul from pleasures and pains to tranquillity and apathy^[2].

 

AND IN ANOTHER PART OF THE SAME WORK.

It will be beneficial to the community, if law is not monarchical, and advantageous [only] to a private individual, but if it is generally useful, and extends to every one. But it is also necessary that the law should look to the whole region, and to the different places in it. For neither is the earth able to receive the same fruits [every where] nor the soul of every man the same virtue^[3].

 

IN ANOTHER PART ALSO OF THE SAME WORK.

But it is necessary that the more excellent law and the city should be composed of every other polity, and should have something of a But democracy, of an oligarchy, of a kingdom, and of an aristocracy; as is the case in Lacedæmon. For the kings there are monarchs; the elders form an aristocracy; the ephori an oligarchy; and the ippagretæ^[4] and the young men a democracy. It is necessary, however, that law should not only be good and beautiful, but that it should also reciprocate in its parts: for thus it will be strong and stable. But when I say it should reciprocate, I mean that the same magistrate should alternately govern and be governed, as in Lacedæmon, in which there are the most equitable laws. For there the ephori are opposed to the kings, the elders to the ephori, and the media between these are the young men, and the ippagretæ; for these last both incline to those rulers that excell in power, and are in subjection to others.

It is necessary that the law should, in the first place, establish what pertains to the gods, to daemons and parents, and, in short, to what is beautiful and honourable. But in the second place, it should establish what pertains to things that are useful. For it is fit that minor concerns should be subsequent to such as are greater. Nor should the laws be contained in houses and gates, but in the manners of the citizens. For neither in Lacedæmon, which possesses the most excellent laws, is the city governed by a multitude of writings, but rather by the manners of the subjects. But it will be beneficial to the community, if law is not monarchical, and advantageous [only] to a private individual, but if it is generally useful, and extends to every one; and if it refers punishment to disgrace and ignominy, and not to the loss of property. For by punishing with disgrace, the citizens will endeavour in the most decorous and useful manner, to avoid the punishment ordained by the laws. But if the punishment is pecuniary, the citizens will value money immoderately, and will conceive it to be the greatest remedy of crimes. It will be best, therefore, for the whole city to be so arranged that it may not be in want of any thing external, either with respect to virtue or power, or any other cause. For thus the body, a family, and an army will be beautifullv constituted, when each of these has the cause of safety in itself, and does not derive it externally. And this, indeed, will be the case with the body when it is strong, with a family when it is well composed, and with an army which neither consists of mercenaries, nor is unexercised. For these, when thus constituted, will be far more excellent than others, and will be free indeed, and foreign from every thing of a servile nature; and will not, for the purpose of endurance, be in want of many things, but of a few, and those easily procured. For thus he who is strong will not sink under burdens, and he who is thinly clothed will vanquish cold; since men are exercised by casualties and calamities. Indeed, to the man who is temperate, and who has laboured much both ill body and soul, all meat and drink will appear to be agreeable; and a bed composed of leaves will be pleasant; but to him who has deliberately chosen a luxurious and Sybaritic life, even the apparatus of the great [or Persian] king would not be sufficiently pleasing. Hence it is necessary that the manners and pursuits of the citizens should be deeply tinctured with law: for this will cause them to be sufficient to themselves, and will be the means of distributing to each of them that which is due to him according to his desert. For thus, also, the sun, moving in a circle through the zodiac, distributes to every thing on the earth generation, nutriment, and an appropriate portion of life; administering, as if it were equitable legislation, the excellent temperature of the seasons. Hence, too, Jupiter is called Nomios, or legal; and Nemeios, or the distributor. He, likewise, who distributes nutriment to sheep, is called Nomeus, or a shepherd; and the songs of harpers are denominated Nomai, For these properly dispose the parts of the soul by harmony, rhythms, and measures.

 

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1. In the original there is only πρωτος ων ο νόμος, which is evidently defective; but by adding εμψυχος the sense will be complete. And in what immediately follows τουτω γαρ ο μεν βασιλευς νομιμος which also is defective, Gesner adds τηρησει after τουτω γαρ, but he should doubtless have added ει τηρησει.
2. i.e. To a perfect subjugation of the passions to reason, and not to a perfect insensibility, as is stupidly supposed by many who do not understand the proper meaning of the word apathy, as used by the Pythagoreans, Platonists, and Stoics.
3. The original is, I conceive, evidently defective in this place; for it is, ουτε γαρ γα τως αυτως καρπως, ουτε ψυχα ανθρωπων ταν αυταν αρεταν παραδεξασθαι δυναται. It appears, therefore, to me, that πανταχου should be added after καρπως, and that for ουτε ψυχα we should read ουτε πασα ψυχα.
4. Among the Lacedæmonians the three men were thus denominated, who were chosen by the Ephori to preside over the equestrian order. But the ephori were magistrates corresponding to the tribunes of the people among the Romans.